Pháp lệnh tổ chức và hoạt động hòa giải ở cơ sở năm 1998

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.

Article 2.- Forms of reconciliation

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;

b/ Law-breaking acts subject to administration sanction;

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.

The Vietnam Fatherland Front Committee, the member organizations of the Front, other social organizations, economic organizations, State agencies, people’s armed force units, and citizens have the responsibility to closely coordinate with the concerned State agencies, encourage the people in the building and consolidation of the Reconciliation Group and other reconciliation organizations of the people in the population communities, assist and create conditions for the reconciliation activities at the grassroots, and take part in reconciliation as prescribed by law.

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

RECONCILIATION GROUPS AND MEMBERS OF RECONCILIATION GROUPS

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;

c/ To report to the People’s Committee and the Fatherland Front Committee of the commune, ward or township on reconciliation work.

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:

1. The member of the Reconciliation Group takes the initiative in reconciliation or organize the reconciliation on his/her own initiative;

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:

1. By words;

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.

1. Reconciliation Groups and members of the groups with good achievements in reconciliation shall be commended and rewarded.

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.

Article 18.- Implementation effect

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