B2.6.1. Policies, laws and regulations supporting access to justice
Access to justice is recognized under Vietnamese law as the right of all individuals and organizations to access formal and informal legal institutions and to ask for protection of their legitimate rights and interests. The legal framework also guarantees access to appeals, remediation, compensation, and the enforceability of its decisions. In the context of REDD+, the relevant dispute and conflict resolution mechanisms are expected to be available to stakeholders throughout the implementation of REDD+ policies and measures under the National REDD+ Action Program (NRAP), Provincial REDD+ Action Plans (PRAPs) and REDD+ programs to address any disputes arising from their implementation.
The Constitution of Viet Nam (2013) recognizes the right to access to justice[1], while the Law on Complaints (2011)[2] provides a comprehensive legal framework for citizens to formally access justice relating to administrative decisions, including those related to forest and forest land access, management, ownership and use. The Law on Complaints recognizes the right to access legal services through lawyers, or through legal aid if the complainant is entitled to enjoy legal aid services in accordance with the Law on Legal Aid (2017)[3]. The Code of Civil Procedure (2015)[4] provides that parties have the right to ask lawyers or other people to defend their legitimate rights and interests.
The Law on Land (2013 and 2024) provides several specific provisions relating to the right to access to justice on land management related decisions and the right to denounce offences against the Law on Land (2013 and 2024).[5] The Law on Environmental Protection (2020) provides a general provision on dealing with complaints and denunciations relating to environmental protection.[6]
Additionally, the Law on Grassroots Mediation (2013) formalises into law the popular practice of resolving disputes and grievances at local levels through the use of customary laws, local-level regulations, and/or other informal channels.[7]
The Law on Mediation and Dialogue at court (2020) emphasizes the State’s policy of encouraging parties to settle civil cases and matters and administrative lawsuits through mediation and dialogue at court. Composed of 42 articles arranged in four chapters, the law defines the rights and obligations of mediators and parties to mediation and dialogue at court, and responsibilities of courts in mediation and dialogue activities. It also establishes order and procedures for mediation and dialogue and recognition of results of successful mediation or dialogue at court.[8]
The Law on Grassroots Mediation (2013) formalizes into law the practice of resolving disputes and grievances at local levels through the use of customary laws and local-level regulations. Financial support for grassroot meditation is available from the state budget. People's Committees of communes, wards and townships are responsible for formulating a cost estimate to support mediation activities and submitting this to responsible agencies for consideration and decision; and to provide financial support for reconciliation activities in communes, wards and township.[9]
[1] The Constitution of Viet Nam (2013), Article 30
[2] The Law on Complaints (2011); a complaint can be made directly to the decision maker, and an appeal process is provided at the immediate higher level. Additionally, the complaint may be brought to an even higher level in accordance with the Administrative Court Procedure Law (2015).
[3] The Legal Aid Law (2017), Decree No. 144/2017/ND-CP dated December 15, 2017 of the Government detailing a number of articles of the Law on Legal Aid
[4] The Code of Civil Procedure (2015), Article 9
[5] The Law on Land (2024), Articles 235 & 237. Specific procedures for settling land disputes are contained in Articles 105 to 108 of Government Decree No. 102/2024/ND-CP, including land disputes where parties do not have land use rights certificates. In this case, evidence on the origin and use process of the land needs to be presented by the disputing parties.
[6] The Law on Environmental Protection (2020), Article 163
[7] The Law on Grassroots Mediation (2013). See also Government Decree No. 15/2014/ND-CP detailing several articles and measures to implement the Law on Grassroots Mediation, and Joint Resolution No. 01/2014/NQLT/CP-UBTUMTTQVN of the Government and the Central Committee of the Viet Nam Fatherland Front on Guiding and coordinating the implementation of some provisions of the law on grassroots mediation provide relevant guidance.
[8] Final FCPF ERP Benefit sharing plan (2023): https://documents1.worldbank.org/curated/en/099084503102316232/pdf/P1626050c673020320adf60bbaaf0f53b