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THE GOVERNMENT
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THE SOCIALIST REPUBLIC
OF VIETNAM
Independence - Freedom - Happiness
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No. 15/2014/ND-CP
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Hanoi,
February 27, 2014
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DECREE
DETAILING A NUMBER OF ARTICLES AND MEASURES FOR IMPLEMENTATION
OF THE LAW ON GRASSROOTS CONCILIATION (*)
Pursuant to the December 25, 2001 Law on
Organization of the Government;
Pursuant to the June 20, 2013 Law on Grassroots
Conciliation;
At the proposal of the Minister of Justice,
The Government promulgates the Decree detailing
a number of articles and measures for implementation of the Law on Grassroots
Conciliation.
Chapter
I
GENERAL
PROVISIONS
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This Decree provides in
detail the scope of grassroots conciliation; financial support for grassroots
conciliation work and conciliators, and some measures for implementation of the
Law on Grassroots Conciliation.
Article 2. Encouragement of individuals to
participate in grassroots conciliation
Prestigious persons in families, clans and
communities participating in grassroots conciliation are entitled to state
support in accessing documents and legal knowledge for grassroots conciliation
activities; and to commendation for active participation in grassroots
conciliation activities as prescribed at Point d, Clause 1; Point d, Clause 2;
and Point d, Clause 3, Article 4 of this Decree.
Article 3. Encouragement of organizations and individuals to make
contributions to and support grassroots conciliation work
1. Organizations and
persons that make contributions to and support grassroots conciliation work are
entitled to free provision by the State of information on relevant policies and
laws; and to commendation for active participation in grassroots conciliation
activities as prescribed at Point d, Clause 1; Point d, Clause 2; and Point d,
Clause 3, Article 4 of this Decree.
2. Organizations of the
Vietnam Lawyers Association, the Vietnam Bar Federation, other socio-professional
law organizations, law practice organizations and legal consultancy
organizations that support documents for conciliation activities; disseminate
the law on grassroots conciliation; and support training in legal knowledge and
skills for conciliators; and create conditions for their members to participate
in grassroots conciliation, are entitled to commendation as prescribed at Point
d, Clause 1; Point d, Clause 2; and Point d, Clause 3, Article 4 of this
Decree.
Article
4. Responsibilities of People’s Committees at all levels for
state management of grassroots conciliation
1. Provincial-level
People’s Committees shall:
a/ Assume the prime
responsibility for, and coordinate with provincial-level Vietnam Fatherland
Front Committees in, guiding and organizing the implementation of legal
documents on grassroots conciliation in their localities;
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c/ Summarize and submit
cost estimates for support of grassroots conciliation work in their localities
to provincial-level People’s Councils for consideration and decision;
d/ Assume the prime
responsibility for, and coordinate with provincial-level Vietnam Fatherland
Front Committees in, examining, reviewing and commending grassroots
conciliation activities in accordance with the law on emulation and
commendation; receive, organize implementation, and commend organizations and
persons participating in, making contributions to, and supporting, grassroots
conciliation work of provinces and centrally run cities; consider and decide on
commendation of organizations and persons participating in and making
contributions to grassroots conciliation work of urban and rural districts,
towns and provincial cities at the proposal of district-level People’s
Committees; biannually, annually and upon request make statistics and reports
on the implementation of the law on grassroots conciliation to provincial-level
People’s Councils and the Ministry of Justice.
2. District-level
People’s Committees shall:
a/ Assume the prime
responsibility for, and coordinate with district-level Vietnam Fatherland Front
Committees in, guiding and organizing the implementation of legal documents on
grassroots conciliation in their localities; guide the incorporation of the
implementation of the law on grassroots conciliation into the formulation and
implementation of conventions of hamlets, villages or residential groups;
provide free information on relevant policies and laws to the organizations and
persons specified in Clause 1, Article 3 of this Decree;
b/ Provide training and
retraining in and professional guidance on state management of grassroots
conciliation for the commune level; train in legal knowledge on and skills of
grassroots conciliation for conciliators under the guidance of provincial-level
Justice Departments;
c/ Summarize and submit
cost estimates for support of grassroots conciliation work in their localities
to People’s Councils or competent state agencies for consideration and
decision;
d/ Assume the prime
responsibility for, and coordinate with district-level Vietnam Fatherland Front
Committees in, examining, reviewing and commending conciliation activities in
accordance with the law on emulation and commendation; receive, organize
implementation, and when necessary, commend or propose provincial-level
People’s Committees to commend organizations and persons participating in,
making contributions to, and supporting, grassroots conciliation work of urban
and rural districts, towns and provincial cities; consider and decide on
commendation of organizations and persons participating in, making
contributions to, and supporting, grassroots conciliation work of communes,
wards and townships at the proposal of commune-level People’s Committees;
biannually, annually and upon request make statistics and reports on the
implementation of the law on grassroots conciliation to district-level People’s
Councils and provincial-level Justice Departments.
3. Commune-level People’s
Committees shall:
a/ Assume the prime
responsibility for, and coordinate with commune-level Vietnam Fatherland Front
Committees in, guiding and organizing the implementation of legal documents on
grassroots conciliation; guide the incorporation of the implementation of the
law on grassroots conciliation into the formulation and implementation of
conventions of hamlets, villages or residential groups; support documents and
disseminate laws for conciliation activities for the persons specified in
Article 2 of this Decree;
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c/ Make and submit cost
estimates for support of conciliation activities to People’s Councils of the
same level or competent state agencies for consideration and decision; provide
financial support for conciliation activities in communes, wards and townships;
d/ Assume the prime
responsibility for, and coordinate with commune-level Vietnam Fatherland Front
Committees in, examining, reviewing and commending conciliation activities in
accordance with the law on emulation and commendation; receive, organize
implementation, and when necessary, commend or propose district-level People’s
Committees to commend organizations and persons participating in, making
contributions to, and supporting, grassroots conciliation work of communes,
wards and townships; biannually, annually and upon request make statistics and
reports on the implementation of the law on grassroots conciliation to
commune-level People’s Councils and district-level Justice Sections.
Chapter
II
SCOPE OF
GRASSROOTS CONCILATION
Article 5. Scope of grassroots conciliation
1. Grassroots
conciliation shall be carried out for the following conflicts, disputes and
violations of law:
a/ Conflicts between
parties (caused by different views about life, lifestyles or characters or
conflicts over the use of passage through houses, public access, electricity or
water facilities or auxiliary works, living timetable or causing insanitation
in public places, or for other reasons);
b/ Disputes arising from
civil relations such as disputes over ownership right, civil obligations, civil
contracts, inheritance or land use rights;
c/ Disputes arising from
marriage and family relations such as disputes arising from husband and wife relation;
parent and child relation, grandparent and grandchild relation, sibling
relation and relation between other family members; alimony; identification of
parents and children; child adoption; divorce;
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dd/ Violations of the
criminal law in the following cases:
Violations not being
subject to institution of criminal cases as provided in Article 107 of the
Criminal Procedure Code and not being administratively handled by competent
state agencies as prescribed by law;
Violations for which
criminal cases, as prescribed by law, shall be instituted only at the request
of victims but victims do not request such, and which are not administratively
handled by competent state agencies as prescribed by law;
Violations for which
criminal cases have been instituted but later investigation termination
decisions or criminal case termination decisions are issued by
procedure-conducting agencies under Clause 2, Article 164, or under Clause 1,
Article 169 of the Criminal Procedure Code, and which are not administratively
handled by competent state agencies as prescribed by law;
e/ Violations of law
subject to the measure of education in communes, wards or townships under the
Government’s Decree No. 111/2013/ND-CP of September 30, 2013, on application of
the administrative handling measure of education in communes, wards or
townships, or violations eligible for application of measures substituting administrative
handling under Chapter II, Part 5 of the Law on Handling of Administrative
Violations;
g/ Other cases and
matters not prohibited by law.
2. Grassroots
conciliation shall not be carried out in the following cases:
a/ Conflicts and disputes
that infringe upon the State’s interests or public interests;
b/ Violations of the law
on marriage and family which, as prescribed by law, must be settled by
competent state agencies, and civil transactions which are prohibited by law or
against social ethics;
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d/ Law violations which,
according to regulations, are subject to administrative handling, except the
cases specified at Point e, Clause 1 of this Article;
dd/ Other conflicts and
disputes which must not be conciliated at the grassroots under Point d, Clause
1, Article 3 of the Law on Grassroots Conciliation, including:
Conciliation of
commercial disputes, which must comply with the Commercial Law and its guiding
documents;
Conciliation of labor
disputes, which must comply with the Labor Code and its guiding documents.
Article 6. Settlement of cases and matters not to be conciliated at the
grassroots
When determining a case
or matter outside the scope of conciliation under Article 3 of the Law on
Grassroots Conciliation and under Clause 2, Article 5 of this Decree, a
conciliator shall explain the reason to involved parties and guide them in
carrying out necessary procedures to request settlement by a competent state
agency.
Article 7. Guidance on determination of scope of grassroots
conciliation
When unable to determine
whether a case or matter is conciliated at the grassroots, a conciliator shall
request guidance from the justice and civil-status officer.
Chapter III
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Article 8. Conciliation for parties from
different hamlets or street residential groups
1. When the involved
parties come from different hamlets or street residential groups, the heads of
conciliation teams or assigned conciliators of those hamlets or street
residential groups shall collaborate, exchange information and discuss
conciliation measures and notify the heads of the Front Working Boards of those
places for coordinated settlement.
2. Conciliators shall
coordinate in conducting conciliation and promptly notify conciliation results
to heads of conciliation teams.
Article 9. Responsibilities of individuals and organizations for
monitoring and urging implementation of successful conciliation agreements
Conciliators and
conciliation team heads shall comply with Article 26 of the Law on Grassroots
Conciliation. In case a conciliation team head reports on problems arising in
the implementation of a successful conciliation agreement, the Front Working
Board head shall assume the prime responsibility for, and coordinate with the
hamlet or street residential group head and families, clans and prestigious persons
in, mobilizing and persuading the involved parties and taking measures to
promptly solve those problems.
Article 10. Settlement of unsuccessful conciliation cases
1. When the involved
parties fail to reach agreement and request further conciliation, the
conciliator shall conduct conciliation.
2. When the involved
parties fail to reach agreement and a party requests further conciliation but
there are grounds to believe that further conciliation will be not be
successful, the conciliator shall decide to terminate conciliation according to
Clause 3, Article 23 of the Law on Grassroots Conciliation and guide the
involved parties in requesting settlement by competent state agencies in
accordance with law.
3. When the involved
parties request to make a document on unsuccessful conciliation, the
conciliator shall make such document which clearly indicates basic information
on the parties; major contents of the case or matter; requests of the parties;
reasons for unsuccessful conciliation; and signature of the conciliator.
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1. A monitoring register
of conciliation activities must contain the following major information:
a/ Date, month, year of
receipt of the case or matter for conciliation;
b/ Full names, ages and
addresses of parties and persons involved in the case or matter;
c/ Full names of the
conciliator and persons invited to the conciliation (if any);
d/ Major contents of the
case or matter and requests of parties;
dd/ Conciliation results;
e/ Signatures of the
conciliator and witnesses and persons invited to the conciliation (if any).
2. After terminating
conciliation, the conciliator shall record contents of the case or matter in
the monitoring register of conciliation activities and take responsibility for
the accuracy of the recorded information.
3. Heads of conciliation
teams shall keep and urge the recording in monitoring registers of grassroots
conciliation activities.
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FINANCIAL
SUPPORT FOR GRASSROOTS CONCILIATION WORK AND CONCILIATORS
Article 12. Funds for grassroots conciliation work
The funds for grassroots
conciliation work prescribed in Clause 1, Article 6 of the Law on Grassroots
Conciliation are as follows:
1. Funds for the state
management of grassroots conciliation shall be provided from the state budget
according the current budget decentralization.
2. Provinces and
centrally run cities that can balance their budgets shall arrange and use local
budget revenues to provide financial support for grassroots conciliation work.
3. The central budget
shall allocate additional funds for provinces that cannot yet balance their
budgets to provide financial support for grassroots conciliation at the
proposal of provincial-level People’s Committees.
4. The use of financial
support for grassroots conciliation work must comply with the current budget
decentralization.
Article 13. Contents of financial support for conciliation teams and
conciliators
1. Expenses for purchase
of stationery; purchase and copying of documents for activities of conciliation
teams; organization of meetings, preliminary and final reviews of activities of
conciliation teams.
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Article 14. Conditions for conciliators to receive remuneration on a
case-by-case basis
1. The case or matter has
been conciliated and terminated according to Article 23 of the Law on
Grassroots Conciliation.
2. The conciliator does
not violate Article 10 of the Law on Grassroots Conciliation.
Article
15. Procedures
for payment of remuneration to conciliators
1. The conciliation team
head shall make a dossier of request for payment to a conciliator, which
comprises a request for payment to a conciliator, clearly stating the full name
and address of the conciliator; name and address of the conciliation team; the
amount requested for payment; contents of payment (including a list of cases
and matters in case of requesting payment for many cases and matters);
signature of the conciliator; and signature for certification of the
conciliation team head, and produce the monitoring register of conciliation
activities for comparison when necessary.
2. Within 5 working days
after receiving a complete and valid dossier, the commune- level People’s
Committee shall consider, decide and pay remuneration to a conciliator through
the conciliation team. In case of non-payment, it shall issue a written reply
clearly stating the reason.
3. Conciliation teams
shall pay conciliators under decisions of the commune-level People’s Committee
within 3 days after receiving the remuneration money.
Article 16. Cases of support for conciliators who, when carrying out
conciliation activities, suffer accidents or risks affecting their health or
life
1. Suffering an accident
or a risk when conducting conciliation.
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Article 17. Supports for conciliators who, when carrying out
conciliation activities, suffer accidents or risks affecting their health or
life
1. A conciliator who,
when carrying out conciliation activities, suffers an accident or a risk
affecting his/her health, is entitled to the following supports:
a/ Necessary and
reasonable expenses for treatment and rehabilitation of health or functions
lost or decreased;
b/ Actual incomes lost or
decreased; if the conciliator’s actual incomes are not stable or cannot be
determined, to apply the average daily income of a salaried employee calculated
by urban and rural area and non-state economic sector during the time of
receiving treatment and recovering health and functions lost or decreased.
2. The family of a
conciliator who dies when carrying out conciliation activities is entitled to
one-off monetary support for the treatment of and care for the conciliator
before he/she dies; the person who holds the burial service is entitled to
financial support for this service.
Article 18. Procedures for support of conciliators who, when carrying
out conciliation activities, suffer accidents or risks affecting their health
or life
1. A dossier of request
for support, made in 1 set, comprises:
a/ A written request for
support by the conciliator or his/her family in case the conciliator dies,
which is certified by the conciliation team head (in case the conciliator dies)
or the Front Working Board head. This request must clearly indicate the full
name and address of the requester and the reason for support;
b/ A written record of
the condition of the conciliator suffering an accident, which is certified by
the commune-level People’s Committee or the police office of the locality where
the accident occurs (the original or certified copy, for a dossier sent by
post; or a copy and the original for comparison, for a dossier submitted
directly);
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d/ Valid documents and
papers on the accident sufferer’s monthly salary-based actual income certified
by the employer, which serve as a basis for competent state agencies to
determine the actual income lost or decreased (the original or certified copy,
for a dossier sent by post; or a copy and the original for comparison, for a
dossier submitted directly), including the labor contract, the employer’s
decision on salary increase or statement showing the actual income of the
accident-suffering conciliator and other lawful documents proving actual
incomes (if any);
dd/ The death certificate
in case the conciliator dies (the original or certified copy, for a dossier
sent by post; or a copy and the original for comparison, for a dossier
submitted directly).
2. A conciliator or
his/her family in case he/she dies shall submit a dossier of request for
support provided in Clause 1 of this Article to the commune-level People’s
Committee which has issued the decision recognizing the conciliator.
3. Within 3 working days
after receiving a complete and valid dossier, the commune- level People’s
Committee shall consider it and send a written request together with the
dossier of request for support to the district-level People’s Committee.
4. Within 5 working days
after receiving a complete and valid dossier, the district-level People’s
Committee chairperson shall consider it and issue a decision on support. In
case of refusal, he/she shall issue a written reply clearly stating the reason.
5. Within 3 working days
after receiving a decision of the district-level People’s Committee, the
commune-level People’s Committee shall pay the support money.
Chapter V
IMPLEMENTATION
PROVISIONS
Article 19. Effect and transitional provisions
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This Decree replaces the
Government’s Decree No. 160/1999/ND-CP of October 18, 1999, detailing a number
of articles of the Ordinance on Organization and Operation of Grassroots
Conciliation.
2. Conciliation teams
formed under the Ordinance on Organization and Operation of Grassroots
Conciliation whose number and composition of members fail to comply with Clause
1, Article 12 of the Law on Grassroots Conciliation shall additionally elect
conciliators according to the order and procedures specified in Article 8 of
the Law on Grassroots Conciliation within 3 months after the effective date of
this Decree.
Article
20. Implementation
responsibilities
1. Ministers, heads of
ministerial-level agencies, heads of government-attached agencies, and
chairpersons of provincial-level People’s Committees shall organize the
implementation of this Decree according to their assigned functions, tasks and
powers.
2. The Ministry of
Finance shall assume the prime responsibility for, and coordinate with the
Ministry of Justice in, guiding the estimation, management, use and settlement
of state budget funds for grassroots conciliation work; and the procedures,
dossiers and levels of remuneration for conciliators and supports for
conciliators who, when carrying out conciliation activities, suffer accidents
or risks affecting their health or life.-
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung
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