THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence
- Freedom - Happiness
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No:
16/2006/ND-CP
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Hanoi,
January 25, 2006
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DECREE
PROVIDING THE HONOR RESTORATION, COMPENSATIONS, SUPPORTS FOR
AGENCIES, ORGANIZATIONS OR INDIVIDUALS SUFFERING DAMAGE DUE TO THEIR
PARTICIPATION IN NATIONAL SECURITY PROTECTION
THE
GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government,
Pursuant to the December 3, 2004 Law on National Security;
At the proposals of the Minister of Public Security and the Minister of Defense,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.-
Scope of regulation
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Foreign individuals, agencies
and organizations, international organizations, that suffer honor damage,
property damage; foreigners who get injured, health damage or loss of lives due
to their participation in national security protection in the Vietnamese territory
shall have their honor restored, be compensated for damage and rendered
supports by the State of the Socialist Republic of Vietnam in accordance with
the provisions of this Decree.
In cases where a treaty to which
the Socialist Republic of Vietnam is a contracting party otherwise provides,
such treaty shall apply.
Article 2.-
Interpretation of terms
In this Decree, the following
terms shall be construed as follows:
1. Participation in national
security protection mean activities of agencies, organizations or individuals
in preventing, detecting, fighting infringements upon the national security,
which are carried out under management, guidance and monitoring of specialized
national security protection agencies or individuals who voluntarily participate
therein.
2. Honor damage means the
decrease in or loss of respect and/or fine valuation of the society for
agencies, organizations or individuals.
3. Material compensation means
compensation in cash or in kind.
4. Material support means
support in cash or in kind.
Article 3.-
Honor restoration, compensation, support
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2. The damage compensation shall
be carried out by competent state bodies for agencies, organizations or
individuals suffering property damage (hereinafter referred to collectively as
property damage sufferers) due to their participation in national security
protection, which is, however, not caused directly by persons who commit crimes
of infringing upon the national security; in cases where the property damage is
caused by persons who commit crimes of infringing upon the national security,
it shall be settled in accordance with the provisions of the Penal Code and the
Criminal Procedure Code.
3. The damage supports shall be
rendered by competent state bodies to persons who get injured, health damage
(hereinafter referred to collectively as health damage sufferers) or loss of
lives due to participation in national security protection.
Article 4.-
Rights of damage-suffering agencies, organizations and individuals
1. Agencies, organizations and
individuals suffering damage due to participation in national security
protection shall have the right to personally or through their lawful
representatives request competent state bodies to restore their honor,
compensate for property damage, provide supports for persons who suffer the
loss of lives or health damage.
2. Where participants in
national security protection record outstanding achievements and suffer the
loss of lives or health damage, they themselves or their families shall enjoy
the preferential treatment regime applicable to people with meritorious
services and be commended according to the provisions of law.
Article 5.-
Responsibility to consider and settle the honor restoration, compensations,
supports
1. Competent state bodies shall
have to consider and decide in time on the honor restoration, damage
compensation and/or supports for subjects suffering damage due to participation
in national security protection according to the provisions of this Decree and
other relevant legal provisions.
2. Specialized national security
protection agencies must take initiative in reviewing and making statistics on
cases which require honor restoration, property damage compensations or
supports so as to consider and decide on the honor restoration, damage
compensations and/or supports according to competence or propose competent
authorities to consider and decide thereon.
3. The honor restoration, damage
compensation and support must be decided in writing by competent authorities.
For cases of damage compensation or support (in cash or in kind) at the level
of VND 10,000,000 (ten million) or more, Advisory Councils must be set up for
consideration and decision.
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HONOR RESTORATION
Article 6.-
Forms of honor restoration
1. The honor restoration shall
be carried out for honor damage sufferers.
2. The public correction or
apology shall be made through announcement on central or local mass media for
two consecutive issues, for papers, or two consecutive times, for audio or
visual media.
3. The secret correction or
apology shall be notified to honor damage sufferers, heads of concerned
agencies, organizations or local administrations and directly to competent
leaders of the agencies or organizations or individuals, whose honor is
restored.
Article 7.-
Competence to decide on and procedures for settlement of honor restoration
1. Specialized national security
protection agencies at all levels shall have to consider and decide on the
honor restoration for honor damage sufferers under their respective management.
Where the honor damage sufferers are not under their management, they shall
consider and propose competent bodies to consider and decide thereon.
2. People's Committees of urban
districts, rural districts, provincial capitals or towns (hereinafter referred
to collectively as district-level People's Committees) shall have to consider
and decide on the honor restoration for honor damage sufferers residing in
their respective localities at the proposals of specialized national security
protection agencies (for cases where honor damage sufferers are not managed by
specialized national security protection agencies).
3. The honor damage sufferers
shall have the right to personally request or send their written applications
to concerned specialized national security protection agencies in the
localities where they reside to request the honor restoration. The requests
should clearly present the case contents, be enclosed with papers, documents
and/or evidence (if any) for use as grounds for consideration and settlement.
In case of necessity to supplement documents used as grounds for consideration
and decisions on honor restoration, the request-receiving agencies shall guide
the honor damage sufferers to gather, supply, supplement documents or gather,
supplement documents by themselves.
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a/ Deciding on the honor
restoration for honor damage sufferers under their respective management;
b/ Transferring requests or
applications and relevant documents (if any) to specialized national security
protection agencies which manage the honor damage sufferers, for consideration
and decision on the honor restoration;
c/ Considering, concluding on,
and proposing district-level People's Committees of the localities where the
honor damage sufferers reside to consider and decide on the honor restoration
(in cases where honor damage sufferers are not under their respective
management).
5. Specialized national security
protection agencies which have received the requests or applications shall have
to notify the honor restoration requesters of the handling thereof according to
provisions of Points a, b and c, Clause 4 of this Article. If deeming that
there are not enough grounds to restore honor for honor damage sufferers, they
must notify them in writing the reasons therefor.
Chapter III
COMPENSATION FOR PROPERTY DAMAGE
Article 8.-
Property damage eligible for compensation
1. The compensation-eligible
property damage shall cover:
a/ Lost property;
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c/ Reasonable expenses for
damage prevention, limitation and overcoming.
2. The value of damaged property
shall be determined at the market price of such property in the localities at
the time the property is damaged, minus the property depreciation.
3. If damaged property can be
restored to status quo, it shall be restored; if not, compensations shall be
made.
Article 9.-
Procedures for property damage compensation
1. Specialized national security
protection agencies at all levels shall have to consider and decide on
compensations for property damage to sufferers under their respective
management. Where the cases or matters are detected by other agencies or
organizations, such agencies or organizations shall have to transfer to the
specialized national security protection agencies all documents related to the
incidents causing property damage for consideration and decision on
compensation.
2. District-level People's
Committees or provincial/municipal People's Committees (hereinafter referred to
collectively as provincial-level People's Committees) shall have to consider
and decide on compensation for property damage for sufferers in their
respective localities at the proposal of the specialized national security
protection agencies (for cases where property damage sufferers are not managed
by specialized national security protection agencies).
3. Property damage sufferers
shall have the right to personally request or send their applications to the
concerned specialized national security protection agencies to request
compensation for damage. The requests should clearly present contents of incidents
causing the damage, the damaged property, the damage value and compensation
levels, enclosed with papers, documents and evidence proving the value of
property, value of damaged property and other relevant documents (if any) for
use as grounds to assist responsible agencies in considering and deciding on
the compensation. In case of necessity to supplement the documents used as
grounds for compensation consideration and decision, the request-receiving
agencies must guide the property damage sufferers to gather, supply, supplement
documents or do so by themselves.
4. Within 15 days after
receiving requests or applications of subjects suffering property damage due to
participation national security protection, specialized national security
protection agencies shall have to settle them as follows:
a/ Considering, deciding or
proposing competent bodies to decide on compensation for property damage for
sufferers under their respective management;
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c/ Considering, concluding on
and proposing district-level or provincial-level People's Committees of the
localities where the property damage sufferers reside for considering and
deciding on damage compensation (for cases where the property damage sufferers
are not managed by specialized national security protection agencies).
5. Specialized national security
protection agencies shall have to notify the property damage compensation
requesters of the handling thereof according to the provisions of Points a, b
and c, Clause 4 of this Article. If deeming that there are not enough grounds
to pay damages to property damage sufferers, they must notify such damage
sufferers in writing of the reasons therefor.
6. Where damage compensations
amount to VND 10,000,000 (ten million) or more, heads of the agencies
responsible for damage compensation shall decide to set up Advisory Councils
for consideration. An Advisory Council shall be composed of the head of the
damage-compensating agency as its president, a representative of the local
administration or the specialized national security protection agency,
representatives of finance agency, relevant science-technology agency.
Property damage sufferers or
their lawful representatives shall be invited to attend the meetings of
Advisory Councils to present their opinions which shall be recorded in the
meeting minutes.
The Advisory Councils shall have
to consider, examine and assess the damage, propose the compensation levels and
make conclusions by majority; minutes of meetings of the Advisory Councils
shall serve as documents for heads of the agencies responsible for damage
compensation to decide, according to their competence defined in Clauses 4 and
5, Article 10 of this Decree, on the compensation levels.
Article
10.- Competence to decide on compensation for property damage
1. The following persons are
competent to decide on property damage compensations with a value of under VND
5,000,000 (five million) for property damage sufferers under their respective
management:
a/ Heads, deputy-heads of
security sections of provincial/municipal police departments;
b/ District-level police chiefs
or deputy-chiefs in charge of security;
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2. The following persons are
competent to decide on property damage compensations with a value of less than
VND 10,000,000 (ten million) for property damage sufferers under their respective
management:
a/ Head, deputy-heads of the
General Department of Security; heads, deputy-heads of the General Department
of Intelligence; commander, deputy-commanders of the Guard Command, of the
Ministry of Public Security;
b/ Head, deputy-heads of the
General Department of Intelligence; commander, deputy-commanders of the Border
Guard Command, of the Ministry of Defense;
c/ Heads, deputy-heads of
Professional Departments of the General Department of Security, the General
Department of Intelligence, the Ministry of Public Security;
d/ Provincial/municipal police
chiefs or deputy-chiefs;
e/ Heads, deputy-heads of
Professional Departments of the General Department of Intelligence of the
Ministry of Defense;
f/ Head, deputy-heads of the
Coast Guard Department; head, deputy-heads of the Army Security Protection
Department of the General Political Department; head, deputy-heads of the Scout
Department of the Border Guard Command, of the Ministry of Defense.
3. District-level People's
Committee presidents shall decide on property damage compensations with a value
of under VND 10,000,000 (ten million) for property damage sufferers residing in
their respective localities (for cases where property damage sufferers are not
managed by specialized national security protection agencies).
4. The Minister of Public
Security, the Minister of Defense shall decide on property damage compensations
with a value of VND 10,000,000 (ten million) or more for property damage
sufferers managed by specialized national security protection agencies.
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Chapter IV
REGIME OF SUPPORTS FOR PERSONS SUFFERING LOSS OF LIVES
OR HEALTH DAMAGE
Article
11.- Supports for health damage sufferers
Supports for health damage sufferers
shall cover:
1. Reasonable expenses for cure
and treatment, fostering, restoration of health, rehabilitation of lost or
reduced functions of damage sufferers.
2. In cases where the damage
sufferers' incomes are lost, reduced, unstable due to their injuries or health
damage, which cannot be determined, the minimum wage level set by the State
shall apply to provide supports.
Article
12.- Competence to decide on supports for health damage sufferers
1. Specialized national security
protection agencies shall have to consider and decide on the provision of
supports for health damage sufferers under their respective management. Where
the cases or matters are detected by other agencies or organizations, such
agencies or organizations shall have to transfer to the concerned specialized
national security protection agencies all documents relating to the incidents
that cause the damage for considering and deciding on the provision of supports.
2. District-level People's
Committees or provincial-level People's Committees shall have to consider and
decide on the provision of supports for health damage sufferers residing in
their respective localities at the proposal of specialized national security
protection agencies (for cases where the damage sufferers are not managed by
specialized national security protection agencies).
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4. Where health damage sufferers
have lost their working capacity, the Ministry of Public Security, the Ministry
of Defense, the provincial-level People's Committees shall propose the
implementation of regular support regime. The Ministry of Labor, War Invalids
and Social Affairs shall assume the prime responsibility for, and coordinate
with the Ministry of Finance in, guiding the implementation of this provision.
Article
13.- Supports for persons suffering the loss of lives
The lump-sum support for persons
suffering the loss of lives shall cover:
1. Reasonable expenses for cure
and treatment, fostering, tending of sufferers before they die.
2. Reasonable expenses for
funeral.
3. Supports for their families
or lawful representatives.
Article
14.- Competence to decide on supports for cases of persons who have lost
their lives
1. At the proposal of the heads
of specialized national security protection agencies, directors of
provincial/municipal Services of Labor, War Invalids and Social Affairs of the
localities where persons suffering the loss of lives reside shall consider and
provide supports of no more than VND 10,000,000 (ten million) for a case.
2. At the proposal of the
Minister of Public Security or the Minister of Defense, the Minister of Labor,
War Invalids and Social Affairs shall decide to provide supports of between VND
10,000,000 (ten million) or more, but not more than VND 60,000,000 (sixty
million) for a case.
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1. Persons suffering health
damage, families of persons suffering the loss of lives due to participation in
national security protection or their lawful representatives shall have the
right to request personally or send their applications to the specialized
national security protection agencies of the localities where they reside to
request supports. The requests must clearly present contents of the incidents
which have caused the damage, the injuries, health damage, loss of lives,
enclosed with papers, invoices evidencing the expenses, the death certificates
in case of death, and other relevant papers for use as grounds for responsible
agencies to consider and decide on supports. In case of necessity to supplement
documents used as grounds for considering, deciding on supports, the
request-receiving agencies shall have to guide the damage sufferers to gather,
supply, supplement documents or gather, supplement documents by themselves.
2. Within 15 days after
receiving personal requests or applications of request for supports of health
damage sufferers or families of persons suffering the loss of lives due to
participation in national security protection or their lawful representatives,
the specialized national security protection agencies shall have to settle them
as follows:
a/ Considering, deciding on or
proposing competent superior authorities to consider and decide on the
provision of supports for health damage sufferers under their direct management;
b/ Transferring the requests or
applications and other relevant papers (if any) to the specialized national
security protection agencies which manage the health damage sufferers for
considering and deciding on supports;
c/ Considering, concluding on
and proposing the district-level or provincial-level People's Committees of the
localities where the health damage sufferers reside to consider and decide on
damage compensations (for cases where the health damage sufferers are not
managed by specialized national security protection agencies);
d/ Gathering documents,
investigating for verification, concluding on or transferring the cases to the
specialized national security protection agencies which directly manage the
persons suffering the loss of lives for verification and conclusion and
proposing the provincial/municipal Services of Labor, War Invalids and Social
Affairs to consider and decide on supports;
e/ Specialized national security
protection agencies which receive the requests shall have to notify the support
requesters of the handling thereof according to the provisions of Points a, b,
c and d, Clause 2 of this Article. If deeming that there are not enough grounds
for provision of supports for damage sufferers, they must notify such damage
sufferers in writing of the reasons therefor.
3. Where the support level for
persons suffering the loss of lives or health damage is VND 10,000,000 (ten
million) or more, the heads of the agencies responsible for providing supports
shall set up Advisory Councils to consider and decide thereon. An Advisory
Council shall be composed of the head of the agency responsible for deciding on
supports as its president, the representative of the local administration or
the specialized national security protection agency, the representatives of the
finance body, the health body, the labor, war invalids and social affairs
office.
The heath damage sufferers, the
families of the persons suffering the loss of lives or their lawful
representatives shall be invited to attend meetings of the Advisory Councils to
present their opinions which shall be recorded in minutes of the meetings.
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Chapter V
IMPLEMENTATION PROVISIONS
Article
16.- Funding for damage compensations and supports
1. The funding for damage
compensations and supports shall be supplied by the state budget.
2. The Ministry of Finance shall
assume the prime responsibility for, and coordinate with the Ministry of Public
Security, the Ministry of Defense and relevant agencies in, guiding the
implementation of the provisions of Clause 1 of this Article.
Article
17.- Settlement of complaints, denunciations
The settlement of complaints,
denunciations about acts of violating the provisions of this Decree and other
relevant provisions of law shall comply with the legislation on complaints and
denunciations.
Article
18.- Implementation effect
This Decree takes effect 15 days
after its publication in "CONG BAO."
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The Ministry of Public Security,
the Ministry of Defense and the Ministry of Labor, War Invalids and Social
Affairs shall have to guide, inspect and urge the implementation of this Decree.
Ministers, heads of
ministerial-level agencies, heads of Government-attached agencies, and
presidents of provincial/municipal People's Committees shall have to implement
this Decree.