The National Assembly Delegation of Nghe An Province contributed ideas to the draft Law on Mediation and Dialogue in Court

On May 25, implementing the Program of the 9th Session of the 14th National Assembly, the National Assembly discussed many important contents related to the draft Law on Mediation and Dialogue in Court; the draft Resolution of the National Assembly on exemption of agricultural land use tax; the draft Law on Youth (amended). Vice Chairmen of the National Assembly: Uong Chu Luu and Phung Quoc Hien chaired the contents of the meeting.

National Assembly deputies attend the 9th session of the 14th National Assembly. Photo: Quochoi.vn

During the morning session, the National Assembly spent a lot of time discussing the draft Law on Mediation and Dialogue in Court. Contributing to this draft Law, Deputy Head of the National Assembly Delegation of Nghe An, Tran Van Mao, participated in many important contents.

Specifically, the subjects and scope of the draft Law on Mediation are overlapping with other laws. The Vietnamese legal system already has a Law on Mediation that stipulates mediation measures to resolve all conflicts in social life; the Labor Code also stipulates that individual labor disputes and collective labor disputes on rights and interests must go through mediation procedures to resolve; the Law on Consumer Protection, the Law on Intellectual Property, and the Commercial Law all stipulate that mediation is a measure to resolve disputes over legal relationships that these laws regulate...

Therefore, Mr. Tran Van Mao suggested that instead of promulgating the Law on Mediation and Dialogue in Court, the National Assembly could consider amending some contents of the Law on Mediation at the Grassroots level in terms of scope of regulation, including administrative disputes reflected in the provisions on administrative dialogue to enhance the legal value of mediation at the grassroots level, which will avoid cumbersomeness and overlap between laws and help save the State budget.

In charge at the Nghe An bridge are the Deputy Heads of the Provincial National Assembly Delegation: Nguyen Thanh Hien and Tran Van Mao. Photo: Thanh Quynh

In reality, every year, the People's Courts at all levels must handle and resolve thousands of disputes and complaints from various fields, most of which are in the civil and administrative fields. Therefore, it is necessary to stipulate that judges only participate when recording the results of successful mediation and dialogue and issuing a recognition decision.

The Draft Law on Mediation also needs to ensure consistency and uniformity with the provisions of the Civil Procedure Code and the Administrative Procedure Law. In particular, it is necessary to clearly define the responsibilities of the court for mediation and dialogue work.

In addition, mediation and dialogue in court are essentially a type of judicial support service. Therefore, the regulation that the State guarantees funding for mediation and dialogue in court is inappropriate, and the parties involved in mediation must pay for it themselves.

Delegates at Nghe An bridge point. Photo: Thanh Quynh

During the afternoon session, the National Assembly discussed online the draft Resolution of the National Assembly on exemption of agricultural land use tax and some contents with different opinions in the draft Law on Youth (amended).