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The Decree 15/2014/nd-Cp: Detailing Some Things Law Enforcement Measures And Reconciliation At The Grassroots

Original Language Title: Nghị định 15/2014/NĐ-CP: Quy định chi tiết một số điều và biện pháp thi hành Luật Hòa giải ở cơ sở

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THE GOVERNMENT.
Number: 15 /2014/ND-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, February 27, 2014

DECREE

The regulation details some things and measures the Reconciliation Act at the facility.

____________________________

Government Law Base December 25, 2001;

The Peace Law Base at the facility June 20, 2013;

On the recommendation of the Minister of Justice,

The government issued a decree regulating certain things and measures of reconciliation law at the facility.

Chapter I

COMMON RULES

What? 1. The adjustment range

This decree provides details on the scope of the mediation at the facility; funding funding for mediation work at the facility, mediation and some measures to enforce the Reconciliation Law at the facility.

What? 2. Encourage to participate in the mediation at the facility

The reputable individual in the family, the family, the residential community participating in mediation at the State-supported basis, is disseminally disseminable to the mediation of the mediation at the facility; commendable when actively participating in the mediation activities at the base. At point d 1, point d 2, point d 3 Article 4 This decree.

What? 3. Encourage to organize, personally contribute, support for reconciliation work at the base.

1. Organization, individual contributors, support for mediation work at the State-held facility provides free information on policy, related legislation; being rewarded with contributions, positive support for mediation work at the statutory base at the point of d-clause. 1, Point 2, point d 3 Article 4 of this decree.

2. The organization of the Vietnam Law Society, the Vietnam Lawyers Federation, other social organizations-the other profession of law enforcement, the organization of law enforcement, the law consulting organization that supports the document serving mediation activities at the facility; disseminalization of the law on reconciliation in Vietnam. The facility, which supports the organization of legal knowledge training, a career for reconciers; faciliters to the membership, the organization of its organization to participate in the mediation at the base is rewarded under the stipulation at Point 1, Point 2, Point 2, Section 3 Article 4 of this decree.

What? 4. The responsibility of the People ' s Commission in the state management of mediation at the base.

1. The Provincial Committee of the Provincial People, the Central Committee of the Central Committee (later called the Provincial People's Committee) is responsible for the following:

a) Chair, in collaboration with the National Front Committee of Vietnam, the Central Committee of the Central Committee (later known as the National Front Committee of the People's Republic of Vietnam), the organization performs legislation on reconciliation in the facility within the local sphere;

b) Compact, supporting document serving reconciliation in the facility; organization of training, fostering, career guidance that performs state management work on mediation at the base for the district; instructs the district to organize training, fostering, updating knowledge and training. law, skills, career mediation at the basis for mediation in accordance with the guidelines of the Ministry of Justice;

c) Overall, the funding program supports the mediation work at the local base for the Council of People to the same level of review, decision;

d) Host, in collaboration with the Vietnam Organizable Front Committee to organize examination, preliminary, summup and commendation of mediation at the basis of law on the law of competition, commendation; reception, organization implementation, organizational commendation, personal contribution contributing, providing support to the mediation work at the provincial capital, the Central City of the Central; review, the decision to commend the organization, the individual to participate, to contribute, support the reconciliation work at the district's base, the district, the town, the provincial city on the basis of the offer. of the District People ' s Committee; a six-month term, yearly and a break when there is a request for statistical implementation, report of the Council of the People to the same level and the Ministry of Justice The results of the resolution of the resolution of the mediation at the facility.

2. District of the District, District, Town, and the Provincial Committee (later called the District People's Committee) in charge of the following:

a) presided over, in collaboration with the National Front Committee of Vietnam, the district, the town, the city of the province (later known as the Committee of the Fatherland Front of the District of Vietnam) to guide, organize the implementation of the law of reconciliation in the facility within the local domain; instruct the cage guide to implement reconciliation legislation at the base of the construction and implementation of the incense, convention of the village, village, map, incubation, population cluster; provide documentation, free information on policy, law related to the organization, the individual stipulated at the paragraph 1 Article 3 of this decree;

b) The organization of training, fostering, career guidance, the implementation of the state management work on mediation at the facility for the township level; organization of training, fostering, updating the law, skills, career mediation at the base for mediation in the direction of the Department. Judiciary.

c) Overall, the funding presentation of the funding for mediation work at the local facility for the Council of People or the state agency has the authority to review, decide;

d) Host, in collaboration with the Vietnam Organizable Front Committee granting examination, preliminary, summup and commendation of mediation at the basis by law of competition law, commendation; reception, implementation, commendation or commission recommended. The people of the provincial community commend the organization, the individual participants, the contributions, the support for the reconciliation work in the district, the district, the town, the city, the province, when necessary; review, the decision to commend the organization, the individual participants, the contribution, support for the work. mediation of the commune, ward, town on the proposed basis of the Committee on the Social People ' s Committee; periodically six months, annually and suddenly when there is a law enforcement request. The Committee on the Council of the People, and the Justice Department, is implementing the law of mediation at the facility.

3. The People 's Committee, the ward, the town (later called the Social People' s Committee) is responsible for the following:

a) presided over, in collaboration with the Vietnam Fatherland Front Committee, the ward, the town (later known as the Committee on the Front of the People's Republic of Vietnam), the organization implemented legislation on mediation at the facility; the cage was implementing the law of reconciliation in the body. in the construction and implementation of the incense, the convention of the village, village, map, incubation, residential cluster; document support, disseminalization of law serving mediation activities at the basis for the individual stipulated at Article 2 of this decree;

b) Coordinated with the National Front Committee of the People's Republic of Vietnam to lead the Joint Work Board in coordination with the village chief, the organization of the founding group of the city, to sue all reconciliation and recognition, for the organization of the organization of reconciliation, reconciliation;

c) Building the funding bill supporting the mediation operation of the General People's Council or the authority of the review, the decision; the implementation of the funding for mediation in the commune, ward, town;

d) Host, in collaboration with the National Front Committee of the People's Republic of Vietnam to examine, unite, sump up and commend reconciliation on the basis of law on competition, commendation; reception, organization of implementation, reward or offer of the Committee of Human Rights. The people granted the organization, the participants, the participants, the participants, the contributions, the support for the reconciliation at the base of the commune, the ward, the town when it was necessary; six months, every year, and all of a sudden when there was a request for statistical implementation, report of the Council of the People to the same level, The Judicial Room results in the implementation of the law on reconciliation at the facility.

Chapter II

SCOPE OF RECONCILIATION AT THE FACILITY

What? 5. The scope of reconciliation at the facility

1. The mediation at the facility is conducted for conflicts, disputes, violations of the following law:

a) Mutual shields (due to differences in living conception, lifestyle, inconsisttions or inconsisttions in the use of passageways, general walkways, electricity use, living water, secondary work, birth time, loss of shared hygiene or other reasons) other);

b) The dispute arise from civil relations like disputes over ownership, civil service, civil contracts, inheritance, land rights;

c) The dispute arise from marital and family relations as disputes arise from the relationship between wife, husband; relationship between parents and children; relations between maternal grandparents, maternal grandparents and grandchildren, between him, sister, sister and among other family members; nursing; Father, mother, child, child; divorce;

d) In violation of the law that by the rule of law these violations are not yet to be prosecuted for criminal responsibility, handling of administrative violations;

The criminal law in the following cases:

No prosecution of the case under regulation at Article 107 of the Criminal Procedal Code and not the state authority has jurisdiction to handle the administrative violation by the rule of law;

The law rules only the case at the request of the defendant, but the harm does not require a prescribed prosecution at paragraph 1 Article 105 of the Criminal Procedal Code and is not legally charged by the state authority. of the law;

The case was initiated, but then there was a decision by the body to conduct proceedings on the prescribed suspension at paragraph 2 Article 164 of the Criminal Procedal Code or suspension of the case under the regulation at Clause 1 Article 169 of the Criminal Procedal Code and not. is the state agency with authority to process administrative violations by the rule of law;

e) Violation of the law being applied to education in township, ward, town by regulation at the Digital Protocol. 111 /2013/NĐ-CP September 30, 2013 of the Government rules the regime that applies educational administrative treatment in the commune, ward, town, or is eligible to apply the measure of the statutory violation by regulation at Chapter II Part 5 of the Law Processing Act. the administrative breach;

g) The case, the other thing the law doesn't prohibit.

2. Do not reconcile the following cases:

a) Ming, disputes that violate the interests of the State, public interest;

b) Violation of the law of marriage and family that by the rule of law must be addressed by the state authority, the civil transaction violates the prohibition of law or the moral of the social virtue;

c) A violation of the law that by statute must be prosecuted for criminal responsibility, except for the specified cases at the Point 1 clause;

d) Violation of the law that by statute must be dealt with the administrative breach, except for the specified cases at the Point of One Article;

The other dispute is not reconciled on the basis of regulation at Point 1 Article 3 of the Law of mediation at the facility, including:

Reconciliation of trade disputes is implemented by the regulation of the Law of Commerce and the Enforced Guidelines;

The mediation of labor disputes is carried out by the regulation of the Labor Code and the implementation of the execs.

What? 6. Deal with the case, not part of the reconciliation range at the facility

In the case of the identification, not part of the breach under regulation at Article 3 of the Law of mediation at the facility and Clause 2 Article 5 of this decree, the dissolution of the tournament explains the parties to the reason not to reconcile and guide the parties as necessary procedures. It ' s to suggest that the state agency has the authority to solve it.

What? 7. Guide to determining the scope of reconciliation at the facility

In the undetermined case, whether or not the breach is in the facility, the resolution is recommended for the Justice of Justice.

Chapter III

ACT OF RECONCILIATION AT THE FACILITY

What? 8. Make reconciliation between the parties in the village, different neighborhoods

1. In the case of the villages in the village, different neighborhoods, the organization of the reconciliation organization or reconciliation of reconciliation in the villages, the people in which they coordinate, exchange information, discuss reconciliation and inform the Chief of the Public Works. The front is at the same venue.

2. The prizes are reconciled and announced in time with the organization of the reconciliation of the reconciliation.

What? 9. The individual ' s responsibility, held in the monitoring, the governor made the reconciliation agreement.

At the end of the tournament, the organization of the reconciliation group is responsible for the implementation of Article 26 of the Law of mediation at the facility. In the event that the organization of the organization, the organization of the reconciliation team, has a problem of being born when it comes to a reconciliation agreement, the Head of the Front Board, coordinated with the head of the village, the leader of the neighborhood, the family, the family, the prestige of movement, the theory. In fact, there was a timely resolution of that birth problem.

What? 10. Resolve case resolution failed

1. The case of the parties failed to reach an agreement and both sides demanded further mediation, the reconciliation continued to reconcile.

2. The case of parties did not reach an agreement and one party asked to continue the mediation, but there was grounds that the continued mediation could not be reached as the reconciliation decided to end the agreement by regulation at Section 3 Article 23 of the Peace Law. at the facility and guide the parties to recommend the state agency with the authority to address the provisions of the law.

3. The case of the parties requesting that the reconciliation text does not become, the reconciliation of the text of the text, which is clear about the basic information on the sides; the principal content of the case, the work; the requirements of the parties; the reason for reconciliation is not; the signature of the mediation.

What? 11. Address the mediation activity at the facility

1. Watch the mediation activity on the basis with the following principal content:

a) The day, the month, the year of the service, the reconciliation;

b) They, the name, the age, the address of the parties; who is involved in the case, the reconciliation;

c) They, the name of the award-winner, who is invited to join the reconciliation (if any);

d) The principal content of the case, the work and requirements of the parties;

The results of the reconciliation;

e) The signature of the reconciliation; the person who witnessed the reconciliation and the invitation to join the mediation (if any).

2. After the end of the mediation, the reconciliation is responsible for recording the contents of the event, the mediation of the mediation-based activities at the facility and is responsible for the accuracy of the recording content.

3. The organizers of the reconciliation organization are in charge of Liu, who is the director of the mediation program at the facility.

Chapter IV

FUNDING FUNDING FOR MEDIATION WORK AT THE BASE AND MEDIATION OF THE

What? 12. Cost of support for mediation work at the facility

The funding funding for mediation work at the regulatory facility at Clause 1 Article 6 of the reconciliation law at the facility is carried out as follows:

1. The funding for state management of mediation at the facility is secured by the state budget under the current budget allocation.

2. The provinces, the central city of the Central Committee on the basis of the budget of the layout, use the source of local funding to provide funding for the mediation work at the facility.

3. The Central Budget added to the unbalanced provinces of the budget to support funding for mediation work at the facility on the basis of a proposal by the Provincial People ' s Commission;

4. The use of funding funding for mediation work at the facility is done according to the current budget allocation.

What? 13. Content support content for the reconciliation organization and national reconciliation

1. Chi supports to buy stationing offices; buy, copy of the organization ' s operational service; organize meetings, reconnect, summup activities of the reconciliation organization.

2. Pay for the mediation in the case, the aid of the mediation of the tournament, when the accident or risk affect the health, the life while performing a reconciliation operation.

What? 14. Conditions are entitled to the case, the mediation of the

1. The incident, which was conducted mediation and ended as stipulated at Article 23 of the Law of mediation at the facility.

2. The laureate does not violate the regulation obligations at Article 10 of the Law of mediation at the facility.

What? 15. The procedure of payment for the reconciliation

1. Organization of the Organization for the dissolution of the profile recommended payment for the mediation of the tournament, including: The award for the mediation payment of the mediation of the award, the name, address of the reconciliation; the name, address of the reconciliation; the amount of payment of the payment; the payment of the payment. accounting (there is a list of cases, in case the offer of a payment payment for many cases, the work); the signature of the reconciliation; the confirmation signature of the organization's organization, and the program's confirmation of the mediation program at the base to meet when necessary.

2. During the 5-day period of work, since the date of the validity of the valid dosages, the People ' s Committee considers, decided and repaid for the reconciliation through the reconciliation; the case decided not to pay for the reconciliation of the reconciliation. and specify the reason.

3. The Organization of the Reconciliation Makes revenge for the mediation by the decision of the Social People's Committee for a period of 3 days, since the date of the receiving of hostilities.

What? 16. The event of a reconciliation is supported when an accident or risk affects health, life while making mediation in the United States.

1. Accused by accident or risk while making mediation.

2. Accused by accident or risk on the way and from the destination to the destination of mediation on the route and in the reasonable period.

What? 17. Assistance when mediation meets an accident or risk that affects health, networking while making mediation in the United States.

1. Reconciliation when meeting an accident or risk affecting health while performing a mediation operation at the facility is supported as follows:

a) The required cost, rationing for the saving, recovery of health and function lost or reduced;

b) The actual income is lost or reduced; if the actual income of the unsettled or indeterminable mediation is applicable, the manner in the daily average income of the wage worker is divided by the urban, rural, type of food. The economy outside the state during the time of the rescue, health rehabilitation and the loss of function or decline.

2. The family of the retired member of the league is killed on the life while performing mediation activities at the facility which is supported once by money to cost relief, fostering, nursing care before death; the owner of the burial is supported by the cost. For burial.

What? 18. The procedure for carrying out support when mediation meets an accident or risk affecting health, life while performing a reconciliation operation in the United States.

1. The profile offer support is set up to 01 sets, including:

a) The offer of support of the reconciliation of a member of the tournament, or the family of reconciliation in the event of an award for the recipient of the organization of the organization of the reconciliation organization or the Chief of the Front in the event of the event of the event of the war, is the leader of the war. It's a reconciliation. The support proposal must be specified by the name, the address of the request for support; the reason for request support;

b) The border confirms the status of an accident of an accident with the confirmed accident of the People's Committee on the site of an accident or a public safety agency where the accident occurred (the main copy or copy certificate in the case sent via post-mail; the map and the map). key to the passport in the case of direct submission);

c) The hospital paper, the invoice payment of the cost of the disease, the treatment (the main copy or copy of the certificate in the case sent via the mail line; the map and the main map for the reference in the case of direct submission);

d) Text, valid papers on actual income according to wages, monthly wages of persons with a confirmation of the organization or individual using labor to the state agency with the authority to determine whether the income is in fact lost or reduced (the official version). or the certified copy in the case of sending through the postal line; the display and the main map to meet in the case of direct submission), including: The contract of labor, the organization 's decision to raise the organization' s salaries or the employer using the income or the income. the reality of accident mediation and other legal practice income proof papers (if any);

The certificate in the case of the event of the event of the event of the event of the event of the event of the event of the event was damaged (the main copy or the copy of the certificate in the case sent via the mail line; the map and the main order to meet in the case of direct submission).

2. Reconciliation or family of reconciliation in the event of an award for the event that the network is damaged by the loss of the filing of the proposed support under the provisions of this Article 1 Article to the Committee of the Social People's Committee, which has decided to recognize the mediation of the award.

3. During the 3-day period of work, since the date of a valid filing, the Social People ' s Committee review, there is a proposal to send the District People's Committee with the proposed record of support.

4. During the 5-day period of work, since the date of a valid filing, the Chairman of the Committee of the People's Committee is considering, making a decision to assist; the unsupported case must be answered by writing and stating the reason.

5. Slowly after 3 days of work, since the date of the decision received by the District People 's Committee, the Social People' s Committee performs the spending of the support.

Chapter V.
EXECUTION CLAUSE

What? 19. The enforcement effect and the transition clause

1. This decree has been in effect since 25 April 2014.

This decree replaces the digital decree. 160 /1999/NĐ-CP October 18, 1999, the Government rules out certain provisions of the Ordination of the Organization and Reconciliation in the facility.

2. The institutions of reconciliation are established by the Ordination of the Organization of the Organization and Operations at the facility, but now not enough numbers, the stipulated component at Clause 1 Article 12 of the Law of reconciliation at the facility must be elected to the addition of the award in order, the procedure. specified in Article 8 of the Law of mediation at the facility for a period of three months, since the date of this Decree is in effect.

What? 20.

1. The minister, the head of the peer-agency, the Head of the Government of the Government, Chairman of the Provincial Committee of the Provincial People, the Central City of the Central Committee on the function, for the mandate, the powers to be given the organization to implement the provisions of this decree.

2. The Department of Finance chaired, in coordination with the Ministry of Justice guiding the establishment, management, use and funding of the state budget budget for mediation work at the facility; procedures, records, remuning levels for the mediation of the tournament, support for mediation at the crash or accident. Risk affecting health, lives while performing mediation.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung