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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
47/CP
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Hanoi,
May 3, 1997
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DECREE
ON
THE SETTLEMENT OF COMPENSATION FOR DAMAGE CAUSED BY STATE OFFICIALS, EMPLOYEES
OR COMPETENT PERSONS OF LEGAL PROCEEDINGS AGENCIES
THE GOVERNMENT
Pursuant to the Law on
Organization of the Government of September 30, 1992;
Pursuant to the Civil Code of October 28, 1995;
At the proposal of the Minister-Chairman of the Government Commission on
Organization and Personnel and after consulting the President of the Supreme
Peoples Court and the Chairman of the Supreme Peoples Procuracy,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- State agencies
and agencies conducting legal proceedings shall have to compensate for damage
caused by their officials, employees or competent persons who are on duty or
performing the tasks of investigation, prosecution, trial or enforcement of
judgments as prescribed in Articles 623 and 624 of the Civil Code.
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Article 3.-
The victimized party is entitled to request the State agency or the legal
proceedings agency to compensate for damage caused to it by the official,
employee or competent person of such agency or request the Court to protect its
legitimate rights and interests.
Article 4.-
In this Decree, the terms shall be construed as follows:
1. The State agency is the
agency or organization that manages and employs State officials and employees.
2. A State official or employee
is a person on the State payroll who receives salary or wage paid by the State
budget.
3. The legal proceedings agency
is the agency that performs the functions and tasks of investigation,
prosecution, trial and enforcement of verdicts.
4. The competent person of the
legal proceedings agency is a person with competence to conduct investigation,
prosecution, trial and enforcement of verdict.
Article 5.-
1. The principles for
determining the damage, level of compensation and reimbursement as well as the
exemption, reduction or deferment of reimbursement shall comply with the
provisions of the Civil Code.
2. In cases where the damage is
caused by more than one State officials, employees or competent persons of the
agency conducting legal proceedings, they shall bear joint responsibility on
the basis of their respective faults.
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COMPENSATION SETTLEMENT AND
REIMBURSEMENT
Section I. COMPENSATION FOR
DAMAGE
Article 6.-
In cases where the victimized
party directly requests the State agency or the agency conducting legal
proceedings to compensate for damage caused by its official, employee or by the
competent person of the agency conducting legal proceedings, the compensation
shall be settled in accordance with the provisions of Article 7 to Article 11
of this Decree.
In cases where the parties fail
to agree on the compensation for damage or one of the parties fails to strictly
abide by the agreement, the parties shall have the right to request the
settlement by the Court.
Article 7.-
The Head of the State agency, the Head of the agency conducting legal
proceedings mentioned in Article 4 of this Decree shall set up a Council for
examination and settlement of compensation for damage caused by its official or
employee or the competent person of the agency conducting legal proceedings
(referred to as the Council for examination and settlement of compensation for
damage) within 15 days after the victimized party requests the compensation.
Article 8.-
The Council for examination and settlement of compensation for damage is
composed of representatives of the leading board and the Trade Union of the
agency of the person causing damage, the representatives of the financial and
pricing agency, the relevant specialized scientific and technological agency
and the judicial agency of the same level.
The representative of the
leading board of the agency of the person causing damage shall act as the
Councils Chairman.
Article 9.-
The Council for examination and settlement of compensation for damage shall
have to consider, evaluate the extent of damage; determine the civil
liabilities of the parties involved so as to propose the Head of the State
agency or the Head of the agency conducting legal proceedings to decide the
level and mode of compensation for damage.
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Article 10.-
The Council for examination and settlement of compensation for damage shall
meet and proceed in the following order: The Chairman of the Council announces
the participants and appoints a secretary; the Council listens to the
victimized partys request for compensation and explanations of the person
causing damage; the Council listens to the examination reports of the
specialized agencies (if any); the Council discusses and makes decision by
majority votes. The Councils proposal shall be made in writing and sent to the
Head of the competent agency for consideration and decision.
If necessary, the Chairman of
the Council may invite the victimized party or its representative to attend the
Councils meeting.
The Council shall be
automatically dissolved after fulfilling its duties.
Article 11.-
The Heads of the State agency and the agency conducting legal proceedings shall
have to settle the compensation within 45 days after the victimized party
requests the compensation.
Section 2. REIMBURSEMENT OF
COMPENSATION
Article 12.-
The State official, employee or competent person of the agency conducting legal
proceedings shall have to reimburse the money paid by his/her agency to the
victimized party. The reimbursement amount shall be decided by the Head of that
agency on the basis of the proposal of the Council for examination and
settlement of damages as prescribed in Articles 14, 15 and 16 of this Decree.
Article 13.-
After paying compensation to the victimized party, the Head of the State agency
or the agency conducting legal proceedings mentioned in Article 4 of this
Decree shall set up a Council for the consideration and settlement of damages.
Article 14.-
The Council for examination and settlement of damages is composed of a
representative of the leading board of the agency of the person causing damage
acting as its Chairman, the President of the agencys trade union, the direct
manager of the person causing damage, the chief accountant, a number of experts
from specialized scientific-technological and judicial branches concerned.
Article 15.-
The Council for examination and settlement of damages shall assist the Head of
the involved agency in examining and evaluating the damage, determining the
extent of faults and economic capability of the State official, employee or
competent person of the agency conducting legal proceedings and suggest to the
Head of the agency the level and mode of compensation.
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Article 16.-
The Council for the consideration and settlement of damages shall meet and
proceed in the following order: The Chairman of the Council announces the names
of participants and appoints a secretary; the Council listens to the
explanation of the person causing damage; the Council listens to the opinions of
the President of the agencys Trade Union and opinions of the direct manager of
the person causing damage and the chief accountant; the Council discusses and
makes decision by majority votes. The Councils proposals shall be made in
writing and sent to the leading officials of the competent agency for
consideration and decision.
The Council shall be
automatically dissolved after fulfilling its duty.
Article 17.-
The State official, employee or the competent person of the agency conducting
legal proceedings shall have to refund the damages to his/her agency according
to the following mode: making a lump-sum reimbursement within 30 days from the
date of the issue of the decision on the reimbursement or having his/her income
gradually deducted at a rate not lower than 10% and not higher than 30% of
his/her total incomes from monthly salary or wage (and allowances, if any).
Article 18.-
If the State official, employee or the competent person of the agency
conducting legal proceedings disagrees with the decision of the Head of his/her
agency on the reimbursement or fails to fulfill his/her reimbursement
obligation, the parties can request settlement by the Court.
Chapter III
IMPLEMENTATION PROVISIONS
Article 19.-
The estimate, use and disbursement of the budget for the compensation for
damage caused by State officials, employees and competent persons of the
agencies conducting legal proceedings shall be decided by the Minister of
Finance after consulting the Minister-Chairman of the Government Commission on
Organization and Personnel.
Article 20.-
The Minister-Chairman of the Government Commission on Organization and
Personnel shall provide guidances for the implementation of this Decree.
The Minister-Chairman of the
Government Commission on Organization and Personnel shall coordinate with the
Supreme Peoples Court and the Supreme Peoples Procuracy in guiding the
settlement of compensation for damage caused by State officials, employees or
competent persons of the agencies conducting legal proceedings.
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The Ministers, the Heads of the
ministerial-level agencies, the Heads of the agencies attached to the
Government, the Presidents of the Peoples Committees of the provinces and
cities directly under the Central Government shall have to implement this
Decree.
ON
BEHALF OF THE GOVERNMENT
FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Phan Van Khai