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THE MINISTRY
OF JUSTICE
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.: 03/2013/TT-BTP
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Ha Noi, January 31, 2013
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CIRCULAR
GUIDELINES FOR THE STATE MANAGEMENT ON COMPENSATION WORK IN
ADMINISTRATIVE MANAGEMENT OPERATION
Pursuant to the Law on State Compensation
Liability dated June 18, 2009;
Pursuant to Decree No. 16/2010/ND-CP dated
March 3, 2010 of the Government detailing and guiding a number of articles of
the Law on State Compensation Liability;
Pursuant to Decree No. 93/2008/ND-CP dated
August 22, 2008 of the Government defining the functions, tasks, powers and
organizational structure of the Ministry of Justice;
Minister of Justice issues Circular guiding
the implementation of state management of compensation in administrative
management operation;
Chapter
1.
GENERAL PROVISIONS
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This Circular guides the implementation of state
management of compensation in administrative management activities to identify
the agency liable for compensation; compensation settlement profession; answer
of problems related to the implementation the law on State liability; monitor,
supervise, inspect; make statistics, review and report on the work of state
compensation.
Article 2. Subject of
application
This Circular applies to the agency responsible
for managing the state management of compensation of the management and
administrative agencies, organizations and individuals related to the state
compensation.
Article 3. Explanation of
term
1. Identification of agency liable for
compensation is the competent state agency performing procedures to identify
one of the agencies concerned to cause damage to be the agency liable for
compensation.
2. Agency concerned causing damage is the agency
whose official has unlawful acts causing damage in administrative management.
3. Professional guidance for compensation
settlement is that the competent state agency guides the agency liable for
compensation to apply the law on the State compensation liability.
4. Answer of problems related to the
implementation of the law on liability of the State is that the competent State
agency shall base on the provisions of law to answer, explain the contents the
agencies, organizations and individuals think there are problems in the legal
implementation of the State compensation liability.
5. Monitoring of compensation settlement
activities is the competent State agency shall capture information and data,
the situation of State compensation settlement to perform the State management
tasks on the compensation.
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7. Inspection of compensation settlement
activities is that the State competent agency shall consider and assess the
legality and properness of State compensation settlement activities for agency
liable for compensation.
Chapter
2.
IDENTIFICATION OF AGENCY
LIABLE FOR COMPENSATION
Article 4. Identification of
agency liable for compensation under competence of Ministries and
ministerial-level agencies
1. Ministries, ministerial-level agencies
(hereinafter referred to as the Ministry) shall identify the agency liable for
compensation in case the damage sufferer requests or there is no agreement on
compensation liability between agencies under their management.
Legal institutions (for the Ministry), the
Department of State Compensation (for the Ministry of Justice) shall advise and
assist the Ministry to implement the tasks specified in this Clause.
2. Where there is no agreement among the
agencies organized under vertical system under Ministries, the legal
institution of that agency shall advice and assist heads of agency to identify
the agency liable for compensation.
Article 5. Identification of
agency liable for compensation under competence of provincial-level People’s
Committee
Provincial-level People’s Committee shall
identify the agency liable for compensation I case the damage sufferer requests
or there is no agreement on compensation liability under its management in the
following cases:
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2. Between communal-level People’s Committee not
in the same district;
3. Between professional agencies under
provincial-level People’s Committee;
4. Between professional agencies under
provincial-level People’s Committee.
Service of Justice shall advice and assist
provincial-level People’s Committee to implement tasks specified in this
Article.
Article 6. Identification of
agency liable for compensation under competence of district-level People’s
Committee
Determine the district-level People's Committees
shall have to pay compensation in case of damage required or there is no
agreement on liability between the commune-level People's Committees under
their management.
Division of Justice shall advice and assist
provincial-level People’s Committee to implement tasks specified in this
Article.
Article 7. Identification of
agency liable for compensation under competence of
1. Between Ministries;
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3. Between Ministries and provincial-level
People’s Committee.
Department of State Compensation shall advise
and assist the Ministry of Justice to perform the tasks specified in this
Article.
Article 8. Procedures to
identify agency liable for compensation
1. The competent agency shall identify the
agency liable for compensation specified in Articles 4, 5, 6 and 7 of this
Circular shall perform procedures to determine the agency responsible for
compensation under the provisions of Article 5 of Decree No. 16/2010/ND-CP.
2. Where there is no agreement on the agency
liable for compensation, the determination of agency liable for compensation
shall comply with the following procedures:
a) Within 05 working days from the date of the
request for identifying agency liable for compensation, the agency having
competence to identify the agency liable for compensation shall preside over a
meeting with relevant agency causing damage to the agree upon the agency liable
for compensation.
Where agencies do not agree on compensation
agency liable for compensation, the agency having competence to identify the
agency liable for compensation shall make a decision on one agency among the
number of agencies concerned causing damage to be liable for compensation;
b) Documents identifying the agency liable for
compensation must be sent immediately to the relevant agencies causing damage,
the victims or their relatives and the agencies liable for compensation for
implementation.
Article 9. Coordinating to
identify agency liable for compensation
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2. The proposal for coordination to identify
agency liable for compensation shall be made in writing.
Chapter
3.
PROFESSIONAL GUIDANCE
FOR COMPENSATION SETTLEMENT
Article 10. Professional guidance
of Ministries
1. Ministries shall guide the professional
compensation settlement for agencies and units under their management.
Legal institutions (for the Ministry), the
Department of State Compensation (for the Ministry of Justice) shall advise and
assist the implementation of the tasks specified in this clause.
2. For agencies under the Ministry are organized
under vertical system from the central to the local level, the heads of the
agencies attached to the Ministry in central shall make professional guidance
on compensation for the agencies and units under their management.
Legal institutions of agencies under Ministries
shall advise and assist heads of agencies to perform the tasks specified in
this Clause.
Article 11. Professional
guidance of provincial-level People’s Committee
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1. Specialized agencies under provincial-level
People’s Committee;
2. District-level People’s Committee.
Service of Justice shall advice and assist
provincial-level People’s Committee to implement tasks specified in this
Article.
Article 12. Professional
guidance for district-level People’s Committee.
District-level People’s Committee shall make
professional guidance for communal-level People’s Committee
Division of Justice shall advice and assist
district -level People’s Committee to implement tasks specified in this
Article.
Article 13. Professional
guidance of Ministry of Justice
Ministry of Justice shall make professional
guidance on compensation for the following cases:
1. Case related to the sectors, areas or
different localities;
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Department of State Compensation shall advise
and assist the Ministry of Justice to perform the tasks specified in this
Article.
Article 14. Time limit for
professional guidance on compensation settlement.
Within 5 working days from the date of receipt
of a written request and receipt of all relevant documents, the competent
authority shall response in writing. Where the case is difficult and complex,
the time limit may be extended but not more than 15 days.
Chapter
4.
ANSWER OF LEGAL
PROBLEMS, SUPPLY OF INFORMATION AND GUIDANCE OF RPCEDURES
Article 15. Implementing
the answer of legal problems
Ministry of Justice shall solve problems related
to the legal implementation on the State compensation liability in
administrative management activities.
Department of State Compensation shall advise and
assist the Ministry of Justice to perform the tasks specified in this Article.
Article 16. Form and time
limit for answer of legal problems
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a) Answer in writing;
b) Answer through internet;
c) Direct answer or through telephone;
d) Other forms as prescribed by law.
2. Within 15 days from the date of receipt of
all information related to the contents required for answer of problems, the
Ministry of Justice shall answer on the requirement of agencies, organizations
and individuals. In case of complex content, the time limit may be extended but
not more than 30 days.
3. In case of necessity, the answer of problems
can be made through consultation of experts or agencies concerned.
Article 17. Supply of
information and procedure guidance to damage sufferers to exercise their right
to claim
1. Department of State Compensation shall
provide information and make guidance on procedures to support the damage
sufferers to exercise their right to claim at the request of the damage
sufferers in the area of public administration nationwide.
2. Service of Justice shall provide information
and make guidance on procedures to support the damage sufferers to exercise
their right to claim at the request of the damage sufferers in administrative
management activities in the scope of locality.
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4. Based on each specific case, the supply of
information and procedure guidance to support the implementation of right to
claim is made in writing or speak directly to the damage suffers.
Chapter
5.
MONITORING, URGE AND
INSPECTION
Section 1. MONITORING
COMPENSATION SETTLEMENT ACTIVITIES
Article 18. Monitoring
compensation settlement activities
1. The Ministry of Justice shall monitor
compensation settlement activities in administrative management activities
nationwide.
Department of State Compensation shall advise
and assist the Ministries to implement the tasks specified in this clause.
2. Legal institutions (for the Ministry), the
Department of State Compensation (for the Ministry of Justice) shall advise and
assist the Ministries to monitor the compensation settlement activities in
administrative management under management of Ministries.
3. Service of Justice to advise and assist the
provincial-level People's Committee to monitor compensation settlement
activities in administrative management activities within the locality.
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Article 19. Ground for
monitoring compensation settlement activities.
1. Making report on result of compensation
requirement of the agency liable for compensation.
2. Making annual and biannual report on the
implementation of Law on State Compensation Liability.
3. Judgment and ruling of the Court related to
the State compensation.
4. Press information on the requirement and
claim settlement.
SECTION 2. URGING
COMPENSATION SETTLEMENT ACTIVITIES
Article 20. Urging
compensation settlement activities.
1. The Ministries shall urge the compensation
settlement activities in the administrative management under their management.
Legal institutions (for Department), Department
of State Compensation (for the Ministry of Justice) shall advise and assist the
Ministries to implement the tasks specified in this clause.
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3. Provincial-level People’s Committees shall
urge the compensation settlement activities in the administrative management
under their management for the following agencies:
a) Specialized agencies under provincial-level
People’s Committees;
b) District-level People’s Committees.
Service of Justice shall advise and assist the
provincial-level People's Committee to perform the tasks specified in this
clause.
4. District-level People’s Committees shall urge
the compensation settlement activities in the administrative management under
responsibility of communal-level People’s Committees.
Division of Justice shall advice and assist district-level
People’s Committees to implement tasks specified in this clause.
Article 21. Grounds for
urge of compensation settlement activities.
1. Complaints and denunciations, proposals,
reflections of the damage sufferer on compensation settlement activities.
2. Result of the monitoring and inspection of
compensation settlement activities.
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4. Judgment and ruling of the Court related to
the State compensation liability.
Article 22. Procedure for
urging compensation settlement activities
1. Within 10 days from the date of the ground of
urge specified in Article 21 of this Circular, the agency specified in Article
20 of this Circular shall issue documents urging the agency liable for compensation
settlement.
2. The urging document must specify the content
and responsibility of the agency liable for compensation.
3. The agency liable for compensation shall
implement according to the urging document and make written report to the
competent agency to urge the settlement result.
4. In case the agency liable for compensation
has difficulties and problems in compensation settlement, it shall make report
and ask for guidance opinion from superior agency or state management agency on
compensation.
SECTION 3. INSPECTION OF
STATE COMPENSATION.
Article 23. Inspection of
compensation settlement
1. Ministry of Justice shall inspect the
compensation settlement activities in administrative management activities
nationwide.
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2. Ministries shall inspect the compensation
settlement activities under their management.
Legal institutions shall advice and assist
Ministries to implement tasks specified in this clause.
3. Provincial-level People’s Committees shall
inspect the compensation settlement activities in administrative management
activities under their management.
Service of Justice shall advice and assist the
Provincial-level People’s Committees to implement tasks specified in this
clause.
4. District-level People’s Committees shall
inspect the compensation settlement activities in administrative management
activities under their management.
Division of Justice shall advice and assist the
district-level People’s Committees to implement tasks specified in this clause.
Article 24. Grounds for
inspection
1. Annual plan of the state management agency on
compensation.
2. On the requirement of competent state
management agency.
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4. Notification of result of monitoring and
urging activities of compensation settlement.
Article 25. Form of
inspection
1. Periodical inspection shall be implemented
annually by the state management agency on compensation as planned.
2. Irregular inspection shall be conducted upon
grounds specified in clauses 2, 3 and 4, Article 24 of this Circular.
Article 26. Inspection
content
The state management agency on compensation
shall organize inspection of compensation settlement on the following contents:
1. The legality and properness of compensation
settlement, payment of compensation and consideration of refunding
responsibility.
2. Implementation of report on result of
compensation settlement;
3. State management on compensation and
implementation of other tasks on compensation as prescribed by law.
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1. After the end of the inspection, the
inspection team shall send report on inspection result to the agency which has
made a decision on inspection and also to the Ministry of Justice in service of
state management on compensation.
2. In case of detection of signs of law
violation, the agency shall perform inspection and handling of under competence
or make proposal to the competent state agency the handling and remedial
measures as prescribed by law.
Article 28. Intersector
inspection for compensation.
1. The intersector inspection for compensation
in administrative management activities is implemented in service of state
management on compensation.
Ministry of Justice shall assume the prime
responsibility and coordinate with the state management agencies on
compensation in administrative management activities to organize intersector
inspection.
2. The inspection content shall comply with
provisions in Article 26 of this Circular.
Article 29.
Responsibilities of agencies and unit to be inspected
The agencies and unit to be inspected shall prepare
all inspection contents on the requirements of the inspecting agency while
coordinating with the inspection team to implement the inspection contents as
required.
Chapter 6.
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Article 30. Types of reports,
time of data gathering
1. Types of reports
a) Periodical report (Biannual and annual);
b) Irregular report.
2. Time of data gathering
a) Biannual report and statistics and time of
data gathering shall be from October 01 of the previous year to March 31 of the
reporting year.
b) Annual report and statistics and time of data
gathering shall be from October 01 of the previous year to September 30 of the
reporting year.
c) Irregular report shall gather data on the
requirement of the state management agency on compensation.
3. Statistics, review and report on compensation
are implemented under the form issued together with this Circular.
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1. Ministries and provincial-level People’s
Committee shall review and make report for submission to the Ministry of
Justice (before April 15 for biannual report and before October 15 for annual
report).
2. District People’s Committee shall review and
make report for submission to provincial-level People’s Committee (before April
10 for biannual report and before October 10 for annual report).
3. For agencies attached to Ministries organized
under vertical system from the central to locality, the local agencies shall
send report to the superior management agency and also to Service of Justice in
order to review and make report to provincial-level People’s Committee (before
April 15 for biannual report and before October 15 for annual report). The
legal institution under Ministries shall review and make report for submission
to the Ministry of Justice.
4. The Ministry of Finance shall carry out
statistics and aggregate data to allocate funds to pay for compensation for
submission to the Ministry of Justice for review and report to the Government
(before April 15 for biannual report and before October 15 for annual report).
Chapter
7.
IMPLEMENTATION PROVISION
Article 32. Effect
This Circular takes effect on March 15, 2013.
Article 33.
Responsibilities and organization of implementation.
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2. Any problem or difficulty arising during the
course of implementation of this Circular should be promptly reported to the
Ministry of Justice for study and settlement.
PP. MINISTER
DEPUTY MINISTER
Pham Quy Ty