Chương 1 Pháp lệnh tổ chức và hoạt động hòa giải ở cơ sở năm 1998: Những quy định chung

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.