Circular 03/2020/TT-TANDTC guiding the order of receipt and handling of lawsuit petitions and petitions at Court and appointment of mediators issued by the Supreme People's Court

CIRCULAR

REGULATING DETAILED PROCEDURES FOR ACCEPTANCE AND HANDLING OF PETITIONS TO SUE OR WRITTEN REQUESTS FILED TO COURTS AND DESIGNATION OF CONCILIATORS

Pursuant to the Law on Organization of People’s Court dated November 24, 2014;

Pursuant to the Law on Issuance of Legislative Documents dated June 22, 2015;

Pursuant to the Law on Conciliation and Dialogue at Court dated June 16, 2020;

Upon the request of the Director of the Department of Legal Affairs and Science Management of the Supreme People’s Court;

The Chief Justice of the Supreme People’s Court hereby issues the Circular regulating detailed procedures for acceptance and handling of petitions to sue or written requests filed to Courts and designation of conciliators.

Article 1. Scope of application

This Circular sets out detailed regulations on processes and procedures for acceptance and handling of petitions to sue or written requests filed to Courts and designation of conciliators as prescribed in Article 16 in the Law on Conciliation and Dialogue at Courts.

Article 2. Procedures for acceptance of petitions to sue or written requests filed to Court

1. Upon receipt of petitions to sue involving civil, marriage and family, business, commercial and labor disputes; written requests for recognition of consensual divorces; petitions to sue involving administrative cases, enclosing documents and evidences as prescribed in Article 190 of the Civil Proceedings Code and Article 119 of the Law on Administrative Legal Proceedings, the Court shall record them in the logbook and certify the receipt thereof according to the provisions of Clause 1, Article 191 of the Civil Proceedings Code, and Clause 1, Article 121 of the Law on Administrative Proceedings.

2. Within 02 working days of receipt of petitions to sue or written requests as prescribed in clause 1 of this Article, receiving divisions must process them before reporting to the Chief Justice for further legal actions as follows:

a) Assign Judges to consider and handle petitions to sue or written requests according to the provisions of the Civil Proceedings Code and the Law on Administrative Proceedings if any civil matter or administrative complaint falls into the cases specified in 1, 2, 4, 5, 6 and 7, Article 19 of the Law on Conciliation and Dialogue at Court; Points a, b, c, dd and g, Clause 1, Article 192 of the Civil Proceedings Code; Points a, b, c, d, dd and e, Clause 1, Article 123, and Point g, Clause 1, Article 143 of the Law on Administrative Proceedings;

b) Carry out the procedures for notifying the petitioner or claimant of the right to choose conciliation, dialogue and mediators according to the provisions of Article 3 of this Circular if they do not fall into the cases specified at Point a, Clause 2 of this Article.

Article 3. Regarding the selection of conciliation, dialogue, selection of mediators by petitioners or claimants according to the provisions of Clauses 3 and 4, Article 16 of the Law on Conciliation and Dialogue at Court

1. The Court shall notify the petitioner or claimant in writing of the right to choose conciliation, dialogue, select mediators according to the provisions of Clauses 3 and 4, Article 16 of the Law on Conciliation and Dialogue at Court. The Court’s notice must enclose the list of mediators at that Court.

2. Within 03 working days after receipt of the Court's notice specified in Clause 1 of this Article, the petitioner or claimant must reply to the Court’s notice. Such reply may be made in writing or in other forms, such as fax, email, to the address stated in the Court's notice. In case the petitioner or claimant contacts the Court directly to present his/her opinions, the Court shall make a record of his/her opinions.

3. In case the petitioner or claimant selects a mediator from the list of mediators of another district-level People's Court located within the same administrative boundary as the provincial-level People's Court, he/she must carry out procedures for obtaining opinions from the chosen mediator or the Court where the mediator works as prescribed in Clause 3, Article 17 of the Law on Conciliation and Dialogue at Court.

4. After carrying out the procedures as prescribed in Clause 3 of this Article and receiving dissenting opinions from the mediator or the court where the mediator works, the petitioner or claimant may choose another mediator. The re-selection of the mediator shall be subject to the provisions laid down in Clause 2 and 3 of this Article.

5. Upon expiration of the time limit specified in Clause 2 of this Article, if the petitioner or claimant has not yet responded, the Court shall notify the petitioner or claimant again to ensure they can exercise the right to choose conciliation, dialogue and select the mediator.

This second notice of the Court and the reply of the petitioner or claimant must comply with the provisions of Clauses 1 and 2 of this Article.

Article 4. Designation of Judges in charge of conciliation or dialogue

The Chief Justice may designate a Judge to take charge of conciliation or dialogue in the following circumstances:

1. This must occur within 03 working days from the date on which the petitioner or claimant agrees to conciliation and dialogue.

2. This must occur within 03 working days after expiry of the time limit prescribed in clause 5 of Article 3 herein if the petitioner or claimant does not reply.

Article 5. Regarding designation of mediators according to clause 6, Article 16 in the Law on Conciliation and Dialogue at Court

1. The Judge in charge of conciliation and dialogue shall issue a decision to appoint a mediator at the choice of the petitioner or claimant in the following cases:

a) The petitioner or the claimant selects the mediator from the list of mediators of the Court having jurisdiction to settle the case;

b) The petitioner or claimant selects a mediator from the list of mediators of another district-level People's Court located within the same administrative boundary as the provincial-level People's Court, and receives agreement from the mediator and the Court where the mediator is working.

2. The Judge in charge of conciliation or dialogue may autonomously issue the decision to designate the mediator in the following cases:

a) The petitioner or claimant requests selection of conciliation or dialogue, but does not choose the mediator;

b) The petitioner or claimant selects a mediator from the list of mediators of another district-level People's Court located within the same administrative boundary as the provincial-level People's Court but, in spite of disagreement of the mediator or the Court where the mediator is working about this selection, the petitioner or claimant does not select another mediator;

c) Upon exceeding the time limit of 03 working days after receiving the second notice, the petitioner or claimant does not respond.

3. When appointing a mediator of his/her choice according to the provisions of Clause 2 of this Article, the Judge in charge of conciliation and dialogue shall refer to the nature of each case or matter, the number of cases or matters that are being handled by the mediator, the qualifications and experience of the mediator to decide the appointment.

For cases or matters involving persons under 18 years of age, when appointing a mediator, the Judge in charge of conciliation and dialogue must refer to the mediator's professional qualification, expertise and working period of the mediator to assess his/her psychiatric experience and understanding towards people under 18 years of age.

Article 6. Referral to conciliation or dialogue

Within 02 working days from the date of issuance of the decision to appoint the mediator as prescribed in Article 5 of this Circular, the Judge in charge of conciliation and dialogue shall send a written notice to the mediator, the petitioner, the claimant, the respondent, and/or the person with associated interests and obligations regarding the referral of the case or matter to conciliation and dialogue, enclosing the decision on appointment of the mediator.

In case the chosen mediator is on the list of mediators of another district-level People's Court, the decision on appointment of the mediator must be sent to that Court.

Article 7. Regarding the selection of conciliation, dialogue, the selection of mediators by respondents according to the provisions of Clauses 8, Article 16 of the Law on Conciliation and Dialogue at Court

1. Within 03 working days of receipt of the Court’s notice as prescribed in Article 6 of this Circular, the respondent must send the Court a reply to inform them of whether he/she agrees or disagrees about conciliation or dialogue. Such reply may be made in writing or in other forms, such as fax, email, to the address stated in the Court's notice. In case where the respondent directly presents his/her opinions to the Court, the Court shall make a record of his/her opinions.

2. In case where the respondent requests the substitution of the mediator, the Judge in charge of conciliation and dialogue shall have a discretionary power to appoint another mediator from the list of mediators issued by his/her host court within 03 working days from the date of submission of the request for such substitution. The appointment of the mediator shall be subject to the provisions laid down in Clause 3, Article 5 of this Circular.

3. The Court sends the decision on appointment of the mediator to the designated mediator, the substituted mediator, the petitioner, the claimant, the respondent, and/or the person with associated interests and obligations within 02 working days from the date of issuance of the decision.

Article 8. Time of commencement of conciliation or dialogue

1. The mediator shall conduct conciliation and dialogue after receipt of the respondent's consent for conciliation or dialogue or the expiration of the time limit specified in Clause 1, Article 7 of this Circular if the respondent fails to reply to the Court.

2. In case the respondent requests the substitution of the mediator as prescribed in Clause 2, Article 7 of this Circular, the mediator shall conduct conciliation and dialogue from the time of receipt of the decision on appointment of the mediator.

Article 9. Referral of petitions or written requests for further action as prescribed in laws on legal proceedings

In the course of handling petitions or written requests, the Court shall refer petitions or written requests to have them handled in accordance with the procedural law when the civil cases, matters or administrative complaints fall into the cases specified at Point a, Clause 2, Article 2 of this Circular.

Article 10. Entry into force

1. This Circular is entering into force as of January 1, 2021.

2. As from January 1, 2021, the Court shall accept, handle and settle petitions or written requests in the Law on Conciliation and Dialogue at Court and detailed regulations in this Circular.

3. In the course of implementation of this Circular, if there is any query, recommendation or petition, the Supreme People’s Court should be informed via the Department of Legal Affairs and Science Administration for timely actions. Any amendment or modification to this Circular shall be decided by the Chief Justice of the Supreme People’s Court./.

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