CONCILIATORS MUST OBTAIN THE CONSENT OF MORE THAN 50% OF THE HOUSEHOLD REPRESENTATIVES
On June 20, 2013, the XIIIth National Assembly formally approve the Law No. 35/2013/QH13 on Grassroots Conciliation provides the principles and the State’s policies on grassroots conciliation, conciliators and conciliation teams; grassroots conciliation activities; and responsibilities of agencies and organizations in grassroots conciliation activities (excluding Conciliation activities of courts and arbitrations, commercial conciliation, labor conciliation and conciliation at People’s Committees of communes, wards or townships).
Within that grassroots conciliation means the process whereby conciliators guide and assist the involved parties in reaching agreement on voluntary settlement between themselves of conflicts, disputes or law violations and persons elected to be conciliators must be Vietnamese citizens residing at the grassroots, voluntarily participate in grassroots conciliation activities and meet the criteria such as having good moral quality; having prestige in the residential communities and having capability to persuade and agitate people; having legal knowledge.
Heads of the Front Working Boards shall assume the prime responsibility for, and
coordinate with village chiefs or heads of street residential groups in, organizing the election of conciliators in villages or street residential groups by public voting or secret ballots at meetings of household representatives and distributing opinion cards to households. Persons proposed for recognition as conciliators must obtain the consent of more than 50% of the household representatives in the village or street residential group.
The Law also promulgates clearly that conciliators shall have the rights to conduct grassroots conciliation activities; to request parties to provide documents and information relating to cases or matters to be conciliated; to participate in activities of conciliation teams, discuss and decide on contents and mode of operation of these teams; to be trained in legal knowledge and conciliation skills; to be provided with documents relating to conciliation activities; to enjoy remunerations according to conciliated cases and matters; to be commended and rewarded according to the law on emulation and commendation and so on.
This Law takes effect on January 1, 2014.
