(PLO)- According to regulations, within 15 days from the date of receiving the decision to recognize the successful conciliation, people have the right to make an application for consideration.
On June 24, the People’s Council of Ho Chi Minh City coordinated with the Voice of the People of Ho Chi Minh City (VOH) to conduct a live radio program Dialogue with the city government with the topic Law enforcement on reconciliation and dialogue. at the court in Ho Chi Minh City.
Mr. Minh Tuan (living in Thu Duc City) said that he is having a land dispute and has had a successful mediation decision in a district court in Ho Chi Minh City. However, you do not agree with some content in the decision and want to know the regulations to submit an application for consideration of the above decision?
Live radio show Dialogue with the city government. Screenshots
Deputy Chief Justice of the People’s Court of Ho Chi Minh City Ms. Nguyen Thi Thuy Dung said that according to the Law on Mediation and Dialogue at Court, decisions on recognition of conciliation and successful dialogue can also be reviewed at the request of the parties or there is a proposal of the Procuracy within 15 days from the date of receipt or knowledge of the decision. The 15-day time limit can also be adjusted when the involved parties encounter objective obstacles or force majeure.
When the involved parties do not agree with the conciliation result, they can submit an application to the superior court of the court that issued the decision. Upon receiving the application, the superior court will request the court that has made the decision to transfer the dossier and documents for consideration.
Within 30 days from the date of receipt of the application, the superior court will verify the collection of evidence and issue one of the decisions such as canceling or upholding the decision to recognize the successful conciliation.
Ms. Phan Thi Don – Mediator of Binh Chanh District People’s Court. Screenshots
Ms. Huynh Thi Thu Thao (living in Binh Thanh district) asked if it was possible to mediate in a civil lawsuit when the defendant had a petition asking not to conduct mediation?
The mediator of the People’s Court of Binh Chanh district, Ms. Phan Thi Don, said that based on Clause 5, Article 19 of the Law on Conciliation and dialogue at court, if one of the parties does not request conciliation, the mediator will not conduct conciliation. . After that, the mediator will transfer all the files to the court for settlement according to civil procedure regulations.
Deputy Chief Justice of the People’s Court of Ho Chi Minh City Nguyen Thi Thuy Dung said that in the near future, the People’s Court of Ho Chi Minh City will strengthen coordination with agencies, departments and local authorities to propagate so that people can better understand reconciliation and dialogue. in court. Create trust and peace of mind for people to choose mediation and dialogue when settling disputes and complaints.
Consolidate the number of mediators; improve the quality of conciliation, dialogue and update and train new legal documents to improve the mediator’s expertise. Invest in facilities at the mediation center, increase additional personnel.
Prof. Nguyen Van Hau – Vice Chairman of Ho Chi Minh City Bar Association. Screenshots
Deputy Chairman of the Ho Chi Minh City Bar Association, lawyer Nguyen Van Hau added that there should be specific instructions from the Supreme People’s Court for a number of provisions in the Law on Mediation and dialogue at court. While this Law and its guiding documents only regulate the handling of cases where the defendant agrees or disagrees to conduct mediation, there are no provisions for persons with related interests and obligations. So, when this person does not agree to transfer the case to mediation, will the mediator conduct mediation and this person has the right to change the mediator?
In addition, it is necessary to agree on the consultation of children over 7 years old. If necessary, the mediator may invite a representative of a state agency on children to consult in order to protect the interests of the child.