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THE STANDING COMMITTEE
OF NATIONAL ASSEMBLY
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SOCIALIST REPUBLIC OF
VIET NAM
Independence - Freedom – Happiness
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No. 09/1998 /PL-UBTVQH
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Hanoi, December 25,
1998
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ORDINANCE
ON THE ORGANIZATION
AND ACTIVITIES OF RECONCILIATION AT THE GRASSROOTS
(No. 09/1998
/PL-UBTVQH of December 25, 1998)
In order to carry forward the tradition of
solidarity and mutual assistance and love in the population communities, raise
the effectiveness of the settlement of lawbreaking acts and minor disputes
among the people at the grassroots and contribute to the prevention and
limitation of lawbreaking, preserve social order and safety, and reduce cases
and acts to be brought to Court;
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam;
Pursuant to the Resolution of the National Assembly, 10th Legislature, Second
Session, on the Program of elaborating laws and ordinances in 1998;
This Ordinance provides for the organization and activities of reconciliation
at the grassroots.
Chapter I
GENERAL PROVISIONS
Article 1.- Reconciliation
Reconciliation at the grassroots is the act of
guiding, assisting and persuading the parties to reach agreement and
voluntarily settle among themselves law breaking acts and minor disputes with
the aim of preserving solidarity within the population, prevent and limit law
violations, ensure social order and safety within the population communities.
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Reconciliation at the grassroots shall be
achieved through the activities the Reconciliation Group or other appropriate
organizations of the population at hamlets, villages, street dwellers groups
and other population groups in conformity with law, social ethics and the fine
customs and practices of the people.
The State shall create conditions for and
encourage reconciliation activities and various forms of reconciliation at the
population communities.
Article 3.- Scope of
reconciliation
1. Reconciliation shall be performed for minor
law breaking acts and disputes among the population communities. These include:
a/ Quarrel or dispute between individuals;
b/ Disputes of rights and interests arising from
civil, marriage and family relationships;
c/ Other law-breaking acts which, as prescribed
by law, have not reached the extent which warrants handling by criminal or
administrative measures.
2. The following acts and cases shall not be
subject to reconciliation:
a/ Criminal offenses, except where the victim
does not request criminal jurisdiction and which are not dealt with by the
competent State authority through administrative jurisdiction a prescribed by
law;
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c/ Law-breaking acts and disputes which shall
not be subject to reconciliation as prescribed by law.
3. All acts of misusing reconciliation to evade
handling by criminal or administrative measures are strictly forbidden.
Article 4.- Principles of
reconciliation
Reconciliation shall have to be performed on the
following principles:
1. Conformity with the line and policies of the
Party, the law of the State, the social ethics and the fine customs and
practices of the people;
2. Respect for the voluntariness of the parties;
not to oblige or coerce the disputing parties to accept reconciliation;
3. Objectiveness, transparency, conforming to
reason and sentiments, keeping secrecy of information on private life of the
disputing parties, respect for the legitimate rights and interests of others,
non-infringement upon the interests of the State and public interests;
4. To act promptly, with initiative and
consistence aimed at preventing law violations, limiting possible bad
consequences and achieving the aim of reconciliation.
Article 5.- Role of the
Vietnam Fatherland Front Committee, the member organizations of the Front, and
other social organizations, economic organizations, State agencies, people�s
armed force units and citizens in the reconciliation work.
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Article 6.- State
management of reconciliation work
1. State management over reconciliation work
consists of the following:
a/ To issue legal documents on the organization
and activities of reconciliation;
b/ To guide the organization and activities of
reconciliation;
c/ To organize the training in the line and
policies of the Party and the law of the State, and raise the professional
skill in reconciliation for those engaged in reconciliation work;
d/ To preliminarily sum up and make a general
review of reconciliation work.
2. The Government exerts unified State
management over reconciliation work in the whole country.
The Ministry of Justice is answerable to the
Government in exercising State management over reconciliation at the
grassroots; guiding and directing the People’s Committees of various levels to
conduct State management over reconciliation work in the localities.
Chapter II
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Article 7.- Reconciliation
Group
1. The grassroots Reconciliation Group is the
self-managing organization of the population set up in the hamlets, villages,
street dwellers� groups and other
population clusters in order to carry out or organize the carrying out of
reconciliation in minor lawbreaking acts and disputes among the population as
prescribed by law.
2. A Reconciliation Group has a group head and
group members chosen and introduced by the Committee of the Fatherland Front in
the commune, ward, or township for the people�s election and
recognized by the People’s Committee of the same level.
The Government shall detail the procedures of
electing and dismissing the group head and group members of the Reconciliation
Group.
Article 8.- Head of the
Reconciliation Group
1. The Head of the Reconciliation Group is the
person in charge of the Reconciliation Group and at the same time takes part in
the reconciliation activities in his capacity as a member of the group.
2. The Head of the Reconciliation Group has the
following tasks:
a/ To allocate work, regulate and coordinate the
activities of group members; to coordinate the activities with the other
Reconciliation Groups when he deems it necessary;
b/ To organize the drawing of experience on
reconciliation work;
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Article 9.- Criteria of
member of Reconciliation Group
A member of Reconciliation Group must have the
following criteria:
1. Having good ethical qualities, seriously
abide by the undertaking and policies of the Party, the law of the State and
enjoying prestige among the population;
2. Having the capability to persuade and
mobilize the population to implement policies and law;
3. To voluntarily take part in the
reconciliation organization, have the sense of responsibility and ardor in
reconciliation work.
Chapter III
RECONCILIATION ACTIVITIES
Article 10.- Performing
reconciliation
Reconciliation shall be performed in the
following cases:
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2. At the initiative of the head of the
Reconciliation Group
3. At the proposal of other agencies,
organizations or individuals;
4. At the request of one party or the parties in
dispute.
Article 11.- Performer of
reconciliation
The reconciliation may be performed by one or a
number of members of the Reconciliation Group. In case of necessity, the member
of the Reconciliation Group may invite person or persons outside the group to
take part in the reconciliation.
Article 12.-
Reconciliation in dispute to which concerned parties live in different
population clusters.
In case the disputing parties living in
population clusters with different Reconciliation Groups, the groups shall have
to coordinate action to perform reconciliation.
Article 13.- Methods of
reconciliation
Reconciliation is performed in the following
methods:
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2. If requested or agreed upon by the parties,
reconciliation shall be recorded in writing by the group members;
3. Depending on specific cases, members of the
Reconciliation Group may conduct reconciliation through meetings with each
party or with all parties;
4. After inquiring into the case, the cause of
the litigation and consulting related individuals, agencies and organizations,
and listening to the opinions of the parties, the group member shall analyze
and persuade the parties to reach agreement in conformity with law, social
ethics and the fine customs and practices of the people and voluntarily carry
out this agreement.
Article 14.- Concluding
the reconciliation
The reconciliation shall be concluded when the
parties have reached agreement and volunteer to carry out this agreement.
Members of the reconciliation group shall
encourage and persuade the parties to carry out the agreement.
Chapter IV
REWARDS AND HANDLING OF VIOLATIONS
Article 15.- Rewards.
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2. Organizations and individuals with good
achievements in the building and consolidation of the organization and raising
the effectiveness of the activities of the Reconciliation Groups at the
grassroots and actively take part in reconciliation shall be commended and
rewarded.
Article 16.- Handling of
violations
A person or persons who take acts in violation
of this Ordinance and other provisions of law on reconciliation at the
grassroots shall, depending on the character and extent of the violation, be
disciplined, subject to administrative sanctions or examination for penal
liability. If they cause damage, they shall have to pay compensation as
prescribed by law.
Chapter V
IMPLEMENTATION PROVISIONS
Article 17.- Scope of
regulation
1. This Ordinance applies to the organization
and activities of Reconciliation Groups at the grassroots.
For the reconciliation groups which had been set
up before this Ordinance takes effect, they shall base themselves on the
provisions of this Ordinance to strengthen their organization and promote their
role in reconciliation activities.
2. The provisions of this Ordinance shall also
apply to the reconciliation activities of other appropriate organizations of
the people in the population communities at the grassroots.
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This Ordinance takes effect as of the date of
its promulgation.
The earlier regulations which are contrary to
this Ordinance are now annulled.
Article 19.- Guidance for
the implementation of the Ordinance
The Government shall coordinate with the Central
Committee of the Vietnam Fatherland Front in guiding the implementation of this
Ordinance
THE STANDING COMMITTEE
OF NATIONAL ASSEMBLY
Nong Duc Manh