|
PEOPLE’S COURT OF …………..(1) |
SOCIALIST REPUBLIC OF VIETNAM |
| No.: ……../………/QDST-DS(2) |
…………., [date] |
DECISION
ON RECOGNITION OF A SUCCESSFUL OUT-OF-COURT MEDIATION RESULT
PEOPLE’S COURT OF ………………………..
Participation in solving civil matters includes:
Judge – Chairman of the meeting: Mr (Ms) …………………………………………………………………..
Secretary of the meeting: Mr (Ms)(3) ……………………………………………………………………………..
Representative of People’s Procuracy of ………………………….. participating in the meeting:
Mr (Ms)………………………….. – Prosecutor.
The meeting to consider the request for recognition of successful out-of-court mediation results, acceptance No. …/…/TLST-DS(4) dated …….[date], is conducted on ………[date] at(5) ………. by Decision to open the meeting No. …/…/QDST-DS dated …….. [date].
– The requester for resolving civil matters:(6)……………………………………………………………………
………………………………………………………………………………………………………………………………….
The lawful representative of requester for resolving civil matters :(7)…………………………………..
………………………………………………………………………………………………………………………………….
Defenders of legitimate rights and interests of requester for resolving civil matters:(8)
………………………………………………………………………………………………………………………………….
– Persons with relevant interests and duties:(9)…………………………………………………………….
………………………………………………………………………………………………………………………………….
The lawful representative of Person with relevant interests and duties:(10)……………………………
………………………………………………………………………………………………………………………………….
Defenders of legitimate rights and interests of Person with relevant interests and duties: (11)
………………………………………………………………………………………………………………………………….
CONTENT OF CIVIL MATTER:(12)
– …………………………………………………………………………………………………………………………………………….
………………………………………………………………………………………………………………………………………………
– …………………………………………………………………………………………………………………………………………….
………………………………………………………………………………………………………………………………………………
ASSESSMENT OF THE COURT:
After examining the documents and evidence contained in records requesting recognition of successful out-of-Court mediation results to be verified at the meeting; opinions of involved parties and representatives of the Procuracy at the meeting, the People’s Court ……………… assesses:(13)
[1]…………………………………………………………………………………………………………………………………
……………………………………………………………………………………………………………………………………
[2]………………………………………………………………………………………………………………………………..
……………………………………………………………………………………………………………………………………
Pursuant to(14)……………………………………………………………………………………………………………….
DECISION:
Article 1. The successful out-of-Court mediation result, acceptance No. …./……/TLST_DS(15) dated ………[date]………., is recognized as follows:
(16). – …………………………………………………………………………………………………………………….
……………………………………………………………………………………………………………………………
– ………………………………………………………………………………………………………………………….
……………………………………………………………………………………………………………………………
Article 2. Court fee ………………………………………………………………………………………………………..
Article 3. This Decision shall take effect immediately, shall not be appealed and protested according to appellate procedures.
Article 4. This decision is implemented in accordance with Article 2 of the Law on Enforcement of Civil Judgments; the judgment creditors and the judgment debtors have the right to negotiate the judgment execution, the right to request judgment execution, voluntarily execute the judgment or to be compelled to execute a judgment in accordance with Articles 6, 7, 7a and 9 Law on Enforcement of Civil Judgments; the statute of limitations for requesting judgment enforcement complies with Article 30 of the Law on Enforcement of Civil Judgment.
To: – As clause 7 Article 419 Civil Procedure Code; – Filing, dossier of civil matter. |
JUDGE- CHAIRMAN OF THE MEETING |
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Instruction to Form No. 32-VDS:
(1) Enter the name of the Court making decision; in case Courts of rural districts, urban districts, towns, provincial cities, cities under centralauthority, then the name of the People’s Court of the rural districts, urban districts, town, cities of province, centrally run city shall be clearly stated (e.g. People’s Court of Thuong Tin district, Hanoi city); in case Courts of provincial cities and city under centralauthority then write name of such Courts of provincial city (city under centralauthority) (e.g. People’s Court of Ha Nam Province).
(2) The first box contains numbers, the second box contains the year of decision.
(3) Enter the full name and title of the secretary of the meeting.
(4) and (15) Enter number, notation, date of the acceptance of the civil matter.
(5) Enter the location of the meeting (e.g. headquarter of the People’s Court of Y Yen district, Nam Dinh province).
(6) Enter full name and address where the requester resides, works (if any), applicable to requester is an individual; add the date of birth after full name, applicable to requester is the minors; enter name of institution, organization and address of such institution, organization, applicable to requester is an institution, organization.
(7) Enter only when there is a lawful representative of the requester. Enter full name and address where he/she resides, works (if any); specify whether legal representative or authorized representative; in case of legal representative, add note in parentheses the relationship with the requester; in case of authorized representative, add note in parentheses: “written authorization dated …..[date]…….”.
Example 1: Mr. Nguyen Van A, address, is legal representative of the requester (Director of Thang Loi Limited Liability Company).
Example 2: Ms. Le Thi B, address, is authorized representative of the requester (Written Authorization dated ……….[date]…………).
(8) Enter only when there is a defender of legitimate rights and interests of the requester. Enter full name and address where he/she resides, works (if any) (in case of Lawyer, specify Lawyer of which Lawyer Office or Bar Association); in case of there are more than two requesters, specify that he/she protects the legitimate rights and interests for which requester.
(9) Similar to (6).
(10) Similar to (7).
(11) Similar to (8).
(12) Write a summary of the content that the requester requests the Court to resolve.
(13) Write the assessment of the Court and grounds for accepting the request. In this section, the paragraphs are numbered in accents [ ].
(14) Specify points, clauses and articles of the Civil Procedure Code and applicable laws (if any) to make a decision.
(16) Write the contents of the involved parties’ agreement in the Minute of successful out-of-Court mediation.
DOWNLOAD DECISION ON RECOGNITION OF A SUCCESSFUL OUT-OF-COURT MEDIATION RESULT (ENGLISH VERSION)
