Chương 4: Nghị định 15/2014/NĐ-CP hướng dẫn Luật hòa giải ở cơ sở Hỗ trợ kinh phí cho công tác hòa giải ở cơ sở và hòa giải viên

Chapter IV

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.

2. Remuneration for conciliators on a case-by-case basis; supports for conciliators who, when carrying out conciliation activities, suffer accidents or risks affecting their health or life.

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.

2. Suffering an accident or a risk on the way to or from the place of conciliation on a reasonable route and during a reasonable time.

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);

c/ The hospital discharge certificate, invoices for medical examination and treatment (the original or certified copy, for a dossier sent by post; or a copy or the original for comparison, for a dossier submitted directly);

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.