Conference on the Disclosure, Access to, and Public Presentation of Evidence and Mediation
This is an important conference following the acceptance of the case by the Court. The relevant procedural provisions are as follows:
Notification of the Conference
The Judge shall convene a conference on the disclosure, access to, and public presentation of evidence and mediation between the litigants. Prior to the conference, the Judge must notify the litigants, their lawful representatives, and defense counsels of their lawful rights and interests of the time, venue, and subject matter of the conference.
In cases where mediation is not permitted or cannot be conducted as prescribed under Articles 206 and 207 of the Civil Procedure Code, the Judge shall conduct the conference on the disclosure, access to, and public presentation of evidence without proceeding to mediation.
For matrimonial and family cases involving minors, prior to the conference the Judge or Court Clerk assigned by the Chief Justice must collect documents and evidence to determine the cause of the dispute. Where necessary, the Judge may seek opinions from competent state agencies on family or child affairs regarding the family circumstances, causes of the dispute, and the wishes of the spouses and children involved.
In cases of disputes concerning child custody upon divorce or changes of custody after divorce, the Judge must obtain the opinion of minor children from seven years of age or older. Where necessary, representatives of competent state agencies on family or child affairs may be invited to witness or provide opinions. The process of obtaining a minor child’s opinion and other procedures must be child-friendly, appropriate to the child’s age, maturity, and cognitive ability, and must protect the lawful rights, interests, and privacy of the child.
Composition of the Conference
1. Participants in the conference include:
a) The Judge presiding over the conference;
b) The Court Clerk recording the minutes of the conference;
c) The litigants or their lawful representatives;
d) Representatives of the labor collective’s representative organization in labor cases at the request of the employee(s), except where such organization already represents or defends the lawful rights and interests of the labor collective or employees. If the representative does not participate, a written opinion must be submitted;
đ) Defense counsels of litigants’ lawful rights and interests (if any);
e) Interpreters (if any).
2. Where necessary, the Judge may request individuals, agencies, or organizations concerned to attend the conference. For matrimonial and family cases, the Judge may require the participation of representatives of competent state agencies on family or child affairs, or the Vietnam Women’s Union; if they are absent, the Court shall still proceed with the conference.
3. cases involving multiple litigants where some are absent but the present litigants consent to proceed and such absence does not affect the rights and obligations of the absent parties, the Judge may proceed with the conference among those present. If the litigants request adjournment to secure the attendance of all parties, the Judge must adjourn the conference and notify the litigants of the rescheduled session.
Order of the Conference
Prior to the conference, the Court Clerk shall report to the Judge on the attendance of those duly notified. The presiding Judge shall check the presence and identity of participants and inform the litigants of their rights and obligations under this Code.
When examining the disclosure, access to, and public presentation of evidence, the Judge shall announce the documents and evidence in the case file and ask the litigants about:
a) Claims and scope of the lawsuit; amendments, supplements, changes, or withdrawals of claims, counterclaims, independent claims; matters already agreed upon; matters remaining in dispute requiring resolution by the Court;
b) Documents and evidence submitted to the Court and served upon other litigants;
c) Submission of additional documents or evidence; requests for the Court to collect evidence or summon other litigants, witnesses, or other participants in proceedings to trial;
d) Other issues deemed necessary by the litigants.
After the litigants have presented, the Judge shall consider their opinions and resolve their requests as prescribed in Clause 2 of the Civil Procedure Code. If summoned persons are absent, the Court shall notify them of the results of the conference.
Mediation Procedures
a) The Judge shall inform the litigants of the relevant legal provisions, explain the legal consequences of successful mediation, and encourage voluntary settlement;
b) The plaintiff or their defense counsel shall present the dispute, supplement claims, and provide grounds supporting their claims, as well as propose matters for mediation and possible settlement directions;
c) The defendant or their defense counsel shall present their views on the plaintiff’s claims, raise counterclaims (if any), grounds for opposing the plaintiff’s claims, and matters for mediation and possible settlement directions;
d) Persons with related rights and obligations or their defense counsels shall present their views on the plaintiff’s and defendant’s claims, state their independent claims (if any), grounds for opposing the claims of other litigants, and matters for mediation and settlement directions;
đ) Other participants (if any) may express their opinions;
e) After hearing all parties, the Judge shall identify issues agreed upon and issues in dispute, requesting clarifications where necessary;
g) The Judge shall conclude the issues on which the parties have reached agreement and those still in dispute.
Minutes of the Conference
1. The Court Clerk must prepare minutes of the disclosure, access to, and public presentation of evidence, and minutes of the mediation.
2. The minutes of the disclosure, access to, and public presentation of evidence must include:
a) Date of the conference;
b) Venue of the conference;
c) Composition of participants;
d) Opinions of litigants or their lawful representatives on the matters provided in Clause 2, Article 210 of the Civil Procedure Code;
đ) Other relevant matters;
e) The Court’s decisions on whether to accept or reject litigants’ requests.
3. The minutes of mediation must include:
a) The matters specified in Points a, b, and c of Clause 2, Article 210 of the Civil Procedure Code;
b) Opinions of litigants and their defense counsels;
c) Issues agreed upon and not agreed upon by the litigants.
4. The minutes must bear the signatures or fingerprints of all participants, the Court Clerk, and the presiding Judge. Participants are entitled to review the minutes immediately after the conference, request corrections or additions, and sign or affix their fingerprints to confirm.
5. If the litigants reach an agreement on resolution of the civil case, the Court shall prepare minutes of successful mediation. These minutes must be promptly delivered to the litigants.
(Legal basis: Articles 208, 209, 210, 211 of the 2015 Civil Procedure Code)
