The Government has issued Decree No. 22/2017/NĐ-CP clearly stipulating the principles, policy, requirements, sequence and procedures for resolving disputes through trade reconciliation.
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The Government has issued Decree No. 22/2017/NĐ-CP clearly stipulating the principles, policy, requirements, sequence and procedures for resolving disputes through trade reconciliation.
Principle of reconciliation
According to the decree, the settlement of disputes via trade reconciliation must ensure the principle of voluntarism and equality in terms of rights and duties between parties to the disputes who participate in reconciliation activities. Information relating to the reconciliation case must be kept secret, except in the case of a written agreement between parties or other regulations of the law.
The contents of the reconciliation agreement must not violate the law, go against social norms, seek to evade obligations and infringe the rights of the third party.
A dispute could be handled via trade reconciliation if relevant parties have a reconciliation agreement. Parties can choose to resolve the dispute via trade reconciliation before, after the dispute occurrence or at any time of the dispute settlement process.
The State encourages parties to disputes to use trade reconciliation to resolve disputes in the field of trade and other disputes legally eligible for trade reconciliation, while favoring the mobilization of resources participating in trade reconciliation and increasing the capacity of trade reconcilers and trade reconciliation organizations.
Sequence of reconciliation
The decree stipulates that parties to conflicts can feel free to choose the reconciliation principles of trade reconciliation organizations or agree on the reconciliation sequence and procedures by themselves. In the case of no agreement reached on reconciliation sequence and procedures between parties, the trade reconciler carry out reconciliation activities following the sequence and procedures accepted by parties and suited to details of the case and aspirations of parties.
The reconciliation process can be conducted by one trade reconciler or more as agreed by parties.
The trade reconciler has the right to put forward recommendations aiming to resolve the dispute at any time of the reconciliation process.
The venue and time for reconciliation can be chosen by parties or by the trade reconciler in the case of no agreement between parties.
(Source:VGP)
