Decree No. 16/2006/ND-CP dated January 25, 2006 of the Government providing the honor restoration, compensations, supports for agencies, organizations or individuals suffering damage due to their participation in national security protection

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

This Decree provides the honor restoration for agencies, organizations or individuals suffering honor damage; the compensations for agencies, organizations or individuals suffering from property damage; the regime of supports for individuals who have got injured, health damage or loss of lives due to their participation in national security protection.

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

1. The honor restoration for agencies, organizations or individuals suffering from honor damage (hereinafter referred to collectively as honor damage sufferers) due to their participation in national security protection, which is carried out by competent state bodies means a public correction or apology on the mass media or a direct correction notice or apology to a honor damage sufferer in case of necessity to keep secret for agencies, organizations or individuals.

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.

Chapter II

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.

4. Within 15 days after receiving requests or applications of subjects suffering honor damage due to participation in national security protection, specialized national security protection agencies shall have to settle them as follows:

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;

b/ Property which is destroyed or damaged beyond restoration to status quo;

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;

b/ Transferring the requests or applications and relevant documents (if any) to specialized national security protection agencies which manage the property damage sufferers for considering and deciding on the damage compensation;

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;

c/ Commanders, deputy-commanders of provincial/municipal Border Guard Commands; heads, deputy-heads of army security protection sections of general departments, military zones, army corps, army services, arms in the People's Army.

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.

5. Provincial-level People's Committee presidents shall decide on property damage compensations with a value of VND 10,000,000 (ten million) or more for property damage sufferers residing in their respective localities (for cases where property damage sufferers are not managed by specialized national security protection agencies).

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).

3. The health damage sufferers shall be considered for lump-sum supports in cash under decisions of competent persons defined in Article 10 of this Decree; the support level shall cover the expenses specified in Article 11 of this Decree but shall not exceed VND 50,000,000 (fifty million) for a case.

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.

Article 15.- Procedures for provision of supports for persons suffering health damage or loss of lives

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.

The Advisory Councils shall have to assess the extent of health damage, the loss of lives. The damage assessment shall be based on conclusions of medical expertise, mental examination conclusion, injury examination conclusion, other relevant papers and documents and regulations of competent bodies on injury norms to assess damage and propose the support levels. The Advisory Councils shall discuss and make conclusions by majority; the minutes of meetings of the Advisory Councils shall serve as documents for the heads of competent agencies defined in Clauses 4 and 5, Article 10 or Clause 2, Article 14 of this Decree to decide on the support levels.

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."

Article 19.- Implementation responsibilities

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.