Chương 3: Nghị định 15/2014/NĐ-CP hướng dẫn Luật hòa giải ở cơ sở Hoạt động hòa giải ở cơ sở

Chapter III

GRASSROOTS CONCILIATION ACTIVITIES

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.

Article 11. Monitoring registers of conciliation activities

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.