Nghị định 160/1999/ND-CP

DECREE

PROVIDING IN DETAIL FOR A NUMBER OF ARTICLES OF THE ORDINANCE ON THE ORGANIZATION AND ACTIVITIES OF RECONCILIATION AT THE GRASSROOTS

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;
Pursuant to the Ordinance on the Organization and Activities of Reconciliation at the Grassroots of December 25, 1998;
At the proposal of the Minister of Justice after consulting the Central Committee of the Vietnam Fatherland Front,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- Scope of regulation

1. This Decree provides in detail for a number of Articles on the organization and activities of reconciliation stipulated in the Ordinance of the Standing Committee of the National Assembly No. 09/1998/PL-UBTVQH of December 25, 1998 on the Organization and Activities of Reconciliation at the Grassroots.

2. The stipulations in this Decree shall not apply to the reconciliation activities in the legal proceedings of the People’s Courts and of the Economic Arbitrator.

Article 2.- Reconciliation at the grassroots

1. Reconciliation at the grassroots is the guidance, assistance and persuasion of the parties in dispute to get them to agree and voluntarily settle their minor violations of law and minor disputes aimed at preserving solidarity within the population, strengthening and developing the fine traditional feelings and moral ethics in the family and in the population community, preventing and limiting the violations of law and ensuring social order and security within the population community.

2. The "parties" mentioned in Article 1 of the Ordinance on the Organization and Activities of Reconciliation at the Grassroots may be members of the same family, different family households or individuals in their mutual relations.

3. The term "grassroots" as stipulated in the Ordinance on the Organization and Activities of Reconciliation at the Grassroots and this Decree means the hamlet or village, street population group and other population groups, such as fixed market, tourist center or recreation and entertainment center.

Article 3.- Forms of reconciliation

Reconciliation at the grassroots is achieved through the activities of the Reconciliation Team or other appropriate organizations of the people in the hamlet, village, street population group and other population groups conformable with law, social ethics and the fine customs and practices of the people.

Article 4.- Scope of reconciliation

1. Reconciliation shall be conducted with regard to minor violations of law and minor disputes within the population community, including:

a/ Contradictions and strife among members of the family due to the difference in life concept or style, incompatible characters, or contradictions and strife among individuals in their neighborly relations, such as use of a passage through the house of another, use of electricity, living water, auxiliary facilities, differences in the time of daily activities, acts affecting the common sanitary conditions...;

b/ Dispute in the rights or interests arising from civic relations such as property ownership, civil contract relations, civic obligations, inheritance, land use right;

c/ Dispute in the rights or interests arising from marriage and family relations such as: the performance of the rights and obligations of the spouses; rights and obligations of parents and children; adoption of children; divorce; claim of alimony;

d/ Dispute arising from violations of law which as prescribed by law are not serious enough to be handled by criminal measures or administrative measures, such as pilferage, rumbles and physical fights causing disturbances of public order, physical fights leading to light injuries, collision of vehicles causing light injuries.

2. The following shall not come under the scope of reconciliation:

a/ Criminal offences.

In particular, for the acts of offence against the criminal law in which the victim does not request or has withdrawn his/her request for prosecution as stipulated by the Code on Criminal Proceedings, or in which the Procuracy or the Court does not continue the proceeding or in which the offender is not administratively sanctioned by the competent State agency as prescribed by law, such as deliberately causing injuries or damaging the health of others, such acts can be brought to reconciliation.

b/ Acts of violation of law subject to administrative sanctions include:

- Intentional or unintentional violation of State management principles but not serious enough to be examined for penal liability and liable by virtue of law to be sanctioned as administrative violations;

- Violations of the law on public security, order and safety but not serious enough to be examined for penal liability and liable by virtue of law to be sanctioned administratively such as: education at the commune, ward, township; or forcible admission to reformatory centers, rehabilitation schools; or disease treatment centers; or placed under administrative probation.

c/ The violations of law and disputes which by virtue of law must not be subject to reconciliation as stipulated at Point c, Clause 2, Article 3 of the Ordinance on the Organization and Activities of Reconciliation at the Grassroots include the following:

- To marry in contravention of law;

- To cause damage to the State properties;

- Disputes arising out of transactions contrary to law;

- Labor disputes.

Article 5.- Responsibility of the Ministry of Justice and the People’s Committee at various levels in reconciliation work at the grassroots

1. The Ministry of Justice has the responsibility:

a/ To draft the regulatory document on the organization and activities of reconciliation and submit it to the Government for issue or to issue by itself according to its competence;

b/ To provide guidance for organization and activities of reconciliation throughout the country;

c/ To organize the fostering and guidance for the provincial/municipal Justice Services to help them raise the awareness of reconciliation workers about the line and policies of the Party and the State laws, and raise their professional standard.

d/ To organize mid-term review and wide-ranging review of reconciliation work of the Reconciliation Teams in the whole country.

2. The People’s Committees at various levels shall conduct State management in reconciliation work under the direction and guidance of the Ministry of Justice.

Basing themselves on the actual situation and the budget capacity of the localities, the People’s Committees at various levels shall create conditions and provide assistance in expenditures for strengthening the organization, professional fostering, midterm review and wide-ranging review, organize emulation and commendation aimed at raising the effectiveness of reconciliation work in the localities.

Article 6.- Responsibility of local judiciary agencies in reconciliation work at the grassroots

Local judiciary agencies shall assist the People’s Committees of the same level in reconciliation work. More concretely:

1. The provincial/municipal Justice Service has the responsibility:

a/ To draft the regulatory legal document on reconciliation work and submit it to the People�s Committee of provincial level for issue;

b/ Under the guidance of the Ministry of Justice and the provincial People’s Committee, to guide the implementation of the prescriptions from the higher level on the organization and activities of reconciliation in the locality.

c/ To organize the fostering and guidance for the Judiciary Section to organize the fostering of the line and policy of the Party and the law of the State, and the raising of reconciliation skill for reconciliation workers;

d/ To conduct midterm review and wide-ranging review and report to the provincial People’s Committee and the Ministry of Justice on the reconciliation work of the reconciliation team in the locality; to organize emulation and commendation for the reconciliation work in the locality.

2. The Judiciary Section has the responsibility:

a/ Under the direction of the higher judiciary agency and the district People’s Committee to guide the judiciary committee carry out the stipulations on reconciliation in the locality; to propose to the district People’s Committee measures to improve the organization and raise the efficiency of reconciliation activities in the locality;

b/ To organize the fostering of reconciliation skill in the locality under the guidance of the higher judiciary agency;

c/ To carry out mid-term review and wide-ranging review of the work of the reconciliation teams in the locality and report on reconciliation work to the district People’s Committee and the higher judiciary agency; to organize emulation and commendation for reconciliation work of the local reconciliation team.

3. The Judiciary Committee has the responsibility:

a/ To carry out the fostering of reconciliation skill, to supply professional materials for the local reconciliation team under the guidance of the higher judiciary agency;

b/ To carry out mid-term and wide-ranging review of reconciliation work of the local reconciliation team, to report on reconciliation work to the "People’s Committee of the commune, ward, township and the higher judiciary agency; to organize emulation and commendation for reconciliation work in the locality.

Chapter II

RECONCILIATION TEAM AND MEMBERS OF THE TEAM

Article 7.- Reconciliation Team

1. The Reconciliation Team at the grassroots is a self-managed organization of the people set up at the hamlet, village or street quarter and other population groupings in order to carry out or materialize reconciliation.

2. The reconciliation team has its leader and its members

Each reconciliation team has from three members upward. Basing himself on the characteristics and the actual situation of the population grouping and the outcome of the meeting at the hamlet village or street quarter, and the outcome of the meeting of family heads or the result of the opinion polls among family heads, the president of the People’s Committee of the commune, ward or township shall decide on the number of reconciliation teams in the locality.

Article 8.- Procedures for electing members and team leader of the reconciliation team

1. The Fatherland Front Committee of the commune, ward or township shall cooperate with the member organizations of the Front in selecting and presenting the candidates for the people to elect the members of the Reconciliation Team. All citizens from 18 years upward who have their capacity for civil acts and who meet all the criteria stipulated in Article 9 of the Ordinance on the Organization and Activities of Reconciliation at the Grassroots have the right to propose candidates and to stand for the election of members of the Reconciliation Team.

2. The election of members of the reconciliation team shall be held at the hamlet, village, street quarter and other population groupings where the reconciliation team operates and shall be conducted in one of the following forms:

a/ To call a meeting of the people to discuss, then to vote by show of hand or by secret ballot;

b/ To call a meeting of the family heads in the hamlet, village or street quarter to vote by show of hand or by secret balloting.

The participants in the meeting of the population or meeting of representatives of family heads must be aged 18 years or older and have the capacity for civil acts.

Such meetings can be held when at least two thirds of the eligible are present.

c/ In cases where the meeting cannot be held, questionnaires must be distributed to collect the opinion of each family head.

The person elected as a member of the reconciliation team must be approved by more than half of the participants in the meeting.

3. The leader of a reconciliation team shall be elected by the members of the team among the team’s membership.

4. The head of the hamlet, village or street quarter shall organize and preside over the meeting of the population or the family heads to elect the members of the reconciliation team or organize the distribution of opinion poll questionnaires.

Records of elections of members of reconciliation teams during meetings of the people or meetings of family heads, minutes of the result of opinion polls of family heads and minutes of elections of heads of reconciliation teams shall be sent to the president of the People’s Committee of the commune, ward or township for consideration and recognition of membership of the reconciliation team.

Article 9.- Revocation of member of reconciliation team

1. Revocation of member of a Reconciliation Team shall be effected in the following cases:

a/ Committing acts of violation of law;

b/ Committing acts contrary to social ethics;

c/ Lack of enthusiasm for reconciliation work;

d/ Personal wish to withdraw from the reconciliation team.

2. Basing itself on the minutes of the meeting of the people, or the meeting of family heads, the results of the opinion polls of family heads on the revocation of the membership of the reconciliation team presided over by the heads of the hamlet, village or street quarter, the Judiciary Committee shall make a written proposal to the president of the People’s Committee of the same level for consideration and decision on revocation.

Article 10.- Head of reconciliation team

1. The head of the reconciliation team is the person in charge of the team who also takes part in reconciliation activities in his or her capacity as a member of the team.

2. The head of the reconciliation team has the following powers and tasks:

a/ To assign tasks, regulate and coordinate the activities of the team members, to coordinate with the other reconciliation teams in raising the professional standard and in the reconciliation activities to solve disputes related to the operational area of these reconciliation teams.

b/ To organize regular and irregular meetings to draw experiences in reconciliation work and to make proposals to the People’s Committee of the commune, ward or township on measures to increase the efficiency of reconciliation work, to supply documents and information aimed at raising the reconciliation skill;

c/ To make regular and irregular reports on reconciliation work to the People’s Committee of the commune, ward or township and to the Fatherland Front Committee of the same level;

d/ To represent the reconciliation team in its relations with the head of the village or hamlet, the head of the street population group, the population grouping and State agencies, socio-political organizations at the grassroots.

Article 11.- Member of the reconciliation team

A member of the reconciliation team has the following powers and tasks:

1. To conduct reconciliation in disputes according to the stipulations of Clause 1, Article 4 of this Decree;

2. Through reconciliation activities to educate and urge the population to strictly observe law;

3. With regard to disputes, which though not under the scope of reconciliation work, might affect security and order in the locality, the members of the reconciliation team must report to the People’s Committee of the commune, ward or township for consideration and adoption of measures of settlement.

Chapter III

RECONCILIATION ACTIVITIES

Article 12.- Conducting reconciliation

Reconciliation shall be effected or organized by members of the reconciliation team in the following cases

1. Members of the reconciliation team shall take the initiative in conducting reconciliation or shall invite persons outside the team to conduct reconciliation on their own initiative if these persons directly witness or are in the know of the dispute;

2. Acting by assignment of the head of the reconciliation team;

3. Acting at the proposal of agencies, organizations or individuals;

4. At the request of one or both disputing parties.

Article 13.- Time and place to conduct reconciliation

1. Reconciliation shall be conducted at the time requested by the involved parties or on the initiative of members of the reconciliation team.

Reconciliation can be conducted on the initiative of a member of the reconciliation team right at the time when the dispute takes place if such member is a witness and deems it necessary to conduct reconciliation immediately.

2. Members of the reconciliation team shall choose a place convenient for reconciliation and suited to the aspiration of the parties.

Article 14.- Reconciliator

1. Reconciliation may be conducted by one or a number of members of the reconciliation team.

2. Members of the reconciliation team may invite persons outside the team to conduct reconciliation or to join them in the reconciliation. The invitee may be one with a certain level of juridical education or social knowledge or holding some prestige for the disputing parties. In specific cases, the invitee may be a relative or friend or neighbor of one or both parties, an elderly person or person who clearly knows the cause of the dispute.

3. The member of the reconciliation team shall not conduct reconciliation if he/she is related to the affair subject to reconciliation or for other personal reasons which cannot ensure impartiality in reconciliation or shall not bring reconciliation to success.

In cases where reconciliation cannot be continued, the member of the reconciliation team shall have to report in time to the head of the team and hand over the work to another member on assignment by the head of the team.

Article 15.- Reconciliation of disputes between involved persons living in different population groupings

In case the parties to the dispute live in population groupings with different reconciliation teams, these teams shall coordinate with one another to conduct reconciliation. This coordination shall be effected by:

1. The head of the team or a person assigned by the head of the team.

2. Members of the team who are the reconciliators may directly coordinate with one another but they must report this coordination immediately to the head of the team.

Article 16.- Conclusion of reconciliation

1. Reconciliation shall conclude after the parties have reached agreement and voluntarily carry out this agreement.

In case of difficulty in carrying out the agreement, members of the reconciliation team shall motivate and persuade the parties to carry it out and may propose to the head of the hamlet, village or street quarter or ask the People’s Committee of the commune, ward or township to create conditions for the parties to voluntarily carry out the agreement.

2. In cases where the parties cannot agree with each other and the continuation of reconciliation cannot bring the desired result, the members of the reconciliation team shall guide the parties to fill the necessary procedures for proposing that the competent State agency settle the affair. For complicated disputes where contradictions between the parties are acute and might affect security and order in the population center, the members of the Reconciliation Team shall report to the head of the Team and propose that the competent agency take measures for settlement.

Chapter IV

COMMENDATION AND HANDLING OF VIOLATIONS

Article 17.- Commendation

1. A reconciliation team or a member of the team that records good achievements in reconciliation shall be commended.

Concerning the commendation at the commune, ward or township, the Judiciary Committee shall coordinate with the Working Committee for Front work to draw up a list of the persons to be commended on the basis of the judgement by the reconciliation teams and propose it to the President of the People’s Committee of the commune, ward or township for commendations.

The Judiciary Section shall draw up a list of the persons eligible for commendations at the district level and submit it to the President of the district People’s Committee for commendations.

The provincial/municipal Justice Service shall report to the People’s Committee of the province or centrally-run city and organize the commendations at the provincial level; and report to the Ministry of Justice on the emulation and commendation work in order to organize the commendation at the ministerial level.

2. State agencies, socio-political organizations, social organizations and individuals that record meritorious achievements in the building and consolidation of the organization and raising the effectiveness of reconciliation at the grassroots shall be commended.

Article 18.- Handling of violations

Those who take acts of violating the Ordinance on the Organization and Activities of Reconciliation at the Grassroots and this Decree and other stipulations of law concerning reconciliation at the grassroots shall, depending on the extent of the violation, be disciplined, sanctioned administratively or examined for penal liability under provisions of law.

Chapter V

IMPLEMENTATION PROVISIONS

Article 19.- Recognition of reconciliation teams set up before the effective date of the Ordinance on the Organization and Activities of Reconciliation at the Grassroots.

Reconciliation teams set up before the Ordinance on the Organization and Activities of Reconciliation at the Grassroots takes effect shall be consolidated, perfected, recognized and allowed to continue their operations by the People’s Committees of the commune, ward or township where the reconciliation teams operates.

Article 20.- Implementation effect

This Decree take effect 15 days after its signing.

The Ministry of Justice shall have to guide the implementation of this Decree.

The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People’s Committees of the provinces and cities directly under the Central Government shall have to implement this Decree.