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THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
103/2002/ND-CP
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Hanoi, December 17, 2002
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DECREE
PRESCRIBING THE REGIME OF COMPENSATION AND
ALLOWANCES FOR INDIVIDUALS, FAMILIES, AGENCIES AND ORGANIZATIONS SUFFERING
LIFE, HEALTH AND PROPERTY DAMAGE WHILE PARTICIPATING IN THE DRUG PREVENTION AND
COMBAT
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on
Organization of the Government;
Pursuant to Article 14 of the December 9, 2000 Law on Drug Prevention and
Combat;
At the proposals of the Minister of Public Security and the Minister of
Justice,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- This Decree prescribes the compensation to
individuals, families, agencies and organizations suffering property damage
(hereinafter referred to as affected subjects for short) and the regime of
allowances for individuals who suffer from loss of life, injury or health
deterioration due to their participation in drug prevention and combat.
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1. The damage allowance regime to be implemented
by the State under the provisions of this Decree is the regime of allowances
for people who suffer from loss of life or health deterioration due to their
participation in drug prevention and combat.
2. The damage compensation regime to be
implemented by the State under the provisions of this Decree means the
compensation for property damage caused to the affected subjects not directly
by the drug-related offenders; for cases where property damage is caused by
drug-related offenders, they shall be settled under the provisions of the Penal
Code and the Criminal Procedure Code.
Article 3.- Foreign individuals, families, agencies and
organizations as well as international organizations, that suffer property
damage, and foreigners who suffer from loss of life, injury or health
deterioration due to their participation in drug prevention and combat in the
Vietnamese territory shall be entitled to compensation or the allowance regime
implemented by the State of the Socialist Republic of Vietnam under the
provisions of this Decree. If relevant international agreements which Vietnam
has signed or acceded to contain different provisions, the provisions of such
agreements shall apply.
Article 4.-
1. The affected subjects or their lawful
representatives shall have the right to request the competent State bodies to
pay compensation for their property damage or to implement the allowance regime
when the persons participating in the drug prevention and combat suffer from
injury or health deterioration; for cases of human loss, the dead persons
families or lawful representatives shall have the right to request the
implementation of the allowance regime.
2. The State shall have to consider and pay the
property damage compensation to the affected subjects and to implement the
allowance regime for the persons suffering from loss of life or health
deterioration according to the provisions of the relevant legislation and this
Decree. The compensation or allowance payment must be decided in writing.
Chapter
II
COMPENSATION FOR PROPERTY DAMAGE
Article 5.-
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2. The value of damaged properties shall be
determined according to the local market prices of such properties at the time
they are damaged, including their depreciated value.
3. If the damaged properties can be restored to
their original state, they shall be restored to their original state. If
properties are lost or cannot be restored to their original state, they shall
be compensated.
Article 6.-
1. The investigation agencies, the agencies in
charge of drug-related crime prevention and combat in the police service, the
Border Guard units and the customs offices shall be responsible for settling
the compensation for property damage in the cases they handle. Where the cases
are detected and the property involved therein are seized by other agencies or
organizations, such agencies or organizations shall have to transfer the
documents related to the property-damaging incidents to the investigation
agencies or the agencies in charge of drug-related crime prevention and combat
(the case-receiving and investigating units) for consideration and settlement
of the compensation.
2. The Peoples Committees of rural districts,
urban districts, provincial capitals and towns (herein after referred to as the
district level), the Peoples Committees of the provinces and centrally-run
cities (hereinafter referred to as the provincial level) shall have to pay
compensation for cases other than those specified in Clause 1 of this Article,
which have occurred in their respective localities.
3. The affected subjects may send written
requests for compensation to the investigation agencies or the agencies in
charge of drug-related crime prevention and combat, which have handled the
cases, or the Peoples Committees of the places where damage occurs. Such a request
should clearly describe the damage-inflicting incident, damaged property,
damage value and compensation level, and be enclosed with documents proving the
property value, damage value, for use as a basis for the responsible agencies
to consider and settle.
4. Within 15 days after receiving the affected
subjects written requests for compensation, the investigation agencies or the
agencies in charge of drug-related crime prevention and combat, which have
handled the cases, or the Peoples Committees of the places where damage is
caused, shall have to consider and decide on the compensation or propose the
competent authorities to decide on the compensation according to the provisions
of Article 7 of this Decree.
5. In case of necessity, the heads of the agencies
responsible for compensation may set up advisory boards to look into the
settlement of damage compensation. Such an advisory board shall be composed of
a representative of the agency responsible for the compensation as its
chairman, a representative of the finance-pricing agency and a representative
of the concerned specialized scientific-technical agency. The affected persons
or their lawful representatives shall be invited to attend the boards meetings
and present their opinions, which shall be recorded in the meetings minutes.
The advisory boards in charge of considering the
compensation settlement shall be tasked to examine, check and assess the damage
and propose the compensation levels. They shall discuss and make conclusions by
majority; their meetings minutes shall be transferred to the competent persons
specified in Article 7 of this Decree for decision on the compensation.
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1. The heads of the investigation police offices
of the district-level police agencies and the heads of the criminal
investigation agencies of the provincial-level Military Commands shall decide
on the compensation for property damage valued at under VND 2,000,000 (two
million) in the cases handled by their respective units.
2. The heads of the investigation offices of the
police agencies at the provincial or higher level, the heads of the criminal
investigation agencies of the General Departments or equivalent level in the
army, and the heads of the agencies in charge of drug-related crime prevention
and combat of the Ministry of Public Security shall decide on the compensation
for property damage valued at under VND 5,000,000 (five million) in the cases
handled by their respective units.
3. The directors of the provincial-level police
agencies, the general director of the General Department of Police, the head of
the criminal investigation agency of the Ministry of Defense, the directors of
the provincial-level Customs Departments, and the chief commanders of the
Border Guard Commands of the provincial or equivalent level shall decide on the
compensation for property damage valued at under VND 10,000,000 (ten million)
in the cases handled by the investigation agencies, the agencies in charge of
drug-related crime prevention and combat or the Border Guard units and the
customs offices under their respective management.
4. The presidents of the district-level Peoples
Committees shall decide on the compensation for property damage valued at under
ten million dong in other drug-related cases occurring in their respective
localities.
5. The Minister of Defense, the Minister of
Public Security and the Minister of Finance shall decide on the compensation
for property damage valued at VND 10,000,000 (ten million) or more in the cases
handled by the investigation agencies, the agencies in charge of drug-related
crime prevention and combat or the Border Guard units and customs agencies
under their respective management.
6. The presidents of the provincial-level
Peoples Committees shall decide on the compensation for property damage valued
at VND 10,000,000 (ten million) or more in other drug-related cases occurring
in their respective localities.
Chapter
III
REGIME OF ALLOWANCES FOR PERSONS WHO SUFFER FROM LOSS OF LIFE OR HEALTH
DETERIORATION
Article 8.-
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a/ Reasonable expenses for the treatment, care
and recovery of health and rehabilitation of lost or declined functions of the
affected persons;
b/ The affected persons incomes which have been
actually lost or decreased; if the affected persons actual incomes are unstable
and unidentifiable, the average income level of labor of the same kind shall be
applied.
2. Lump-sum cash allowances for the affected
persons who suffer from injuries or health deterioration shall be considered
and decided by the competent persons specified in Article 7 of this Decree; the
allowance level shall cover the actually incurred expenses mentioned in Clause
1 of this Article. For allowances valued at VND 10,000,000 (ten million) or
more, advisory boards must be set up to look into the allowances which,
however, must not exceed VND 20,000,000 (twenty million) per affected person.
Article 9.-
1. Damage due to human loss includes:
a/ Reasonable expenses for the treatment and
care of the affected persons before their death.
b/ Reasonable expenses for the burial.
2. The families or lawful representatives of the
dead persons shall be granted lump-sum cash allowances; the allowance amount
shall cover the actually incurred expenses mentioned in Clause 1 of this
Article, which, however, must not exceed VND 50,000,000 (fifty million) per
dead person.
Article 10.-
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2. The Minister of Labor, War Invalids and
Social Affairs shall decide on the allowances for damage valued at VND
10,000,000 (ten million) or more.
Article 11.-
1. The persons who suffer from injuries or health
deterioration, the families of the dead persons, or the lawful representatives
of these persons may send written requests for damage allowances to the Labor,
War Invalids and Social Affairs agencies which have handled the cases. Such a
request should clearly state the damage-causing incidents, injuries or health
deterioration, and be enclosed with the death certificates, for dead persons,
vouchers certifying actually incurred expenses for use as a basis for the
responsible agencies to consider and settle.
2. Upon receiving the affected persons written
requests for allowances, the agencies responsible for allowance settlement must
consider and decide to grant allowances in time under the provisions of this
Decree and relevant law provisions.
3. In cases where the affected persons are dead
or in case of necessity, the heads of the agencies responsible for allowance
settlement shall set up advisory boards to look into the allowance settlement.
Such a board shall be composed of a representative of the agency responsible
for allowance settlement as its chairman, representatives of the concerned
specialized scientific and technical agency and medical agency. The affected
persons, the families of the affected persons or their lawful representatives
shall be invited to attend the boards meetings and present their opinions,
which shall be recorded in the meetings minutes.
4. The advisory boards which look into the
allowance settlement shall be tasked to appraise the extent of health
deterioration and life loss on the basis of the forensic examination,
psychiatric forensic examination or injury examination conclusions, related
papers and documents and the competent authorities regulations on injury
criteria so as to assess the damage and propose the allowance levels. The
advisory boards shall discuss and make conclusions by majority; their meetings
minutes shall be transferred to competent persons specified in Article 10 of
this Decree for decision on the allowances.
Chapter
IV
FUNDING FOR DAMAGE COMPENSATION AND ALLOWANCES
Article 12.- The funding for the above-said compensations
and allowances shall come partly from the Drug Prevention and Combat Fund and
partly from the State budgets at all levels.
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1. The agencies and units responsible
for compensation and allowance settlement shall elaborate the fundings
estimates within their budget estimates and send them to the finance agencies
of the same level for summing up and submission to the competent authorities
for decision.
2. The Ministry of Finance shall have to guide
the concerned agencies, units and organizations to implement this Regulation.
Chapter V
IMPLEMENTATION PROVISIONS
Article 14.- This Decree takes implementation effect 15 days
after its signing.
The Ministry of Public Security shall assume the
prime responsibility and coordinate with the concerned ministries and branches
in inspecting and urging the implementation of this Decree.
Article 15.- The ministers, the heads of the
ministerial-level agencies, the heads of the agencies attached to the Government,
and the presidents of the Peoples Committees of the provinces and centrally-run
cities shall have to implement this Decree.
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