Decree No. 68/2018/ND-CP dated May 15, 2018 of the Government on detailing a number of articles and measures for enforcement of the Law on State Compensation Liability

DECREE

Detailing a number of articles and measures for enforcement of the Law on State Compensation Liability^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the June 20, 2017 Law on State Compensation Liability;

At the proposal of the Minister of Justice;

The Government promulgates the Decree detailing a number of articles and measures for enforcement of the Law on State Compensation Liability.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Decree details a number of articles of the Law on State Compensation Liability (below referred to as the Law) regarding compensable damage, procedures for settlement of compensation claims, the reimbursement liability of damage-causing official-duty performers and a number of measures to organize the enforcement of the Law.

Article 2.Subjects of application

This Decree applies to compensation-settling agencies, state management agencies in charge of state compensation work, damage sufferers, compensation claimants, compensation-settling persons, damage-causing official-duty performers and other agencies, organizations and individuals related to state compensation activities.

Chapter II

COMPENSABLE DAMAGE

Article 3.Determination of damage due to property infringement prescribed in Article 23 of the Law

1. The market price of property of the same type or property with the same properties, technical standards, utilities and quality on the market, prescribed in Clause 1, Article 23 of the Law means the average of the common transaction prices on the market of 3 such property items supplied by 3 different business establishments on the market.

2. The market prescribed in Clause 1, Article 23 of the Law means the market within a rural district, urban district, town or provincial city (below referred to as the district-level market), where the actual damage is caused.

In case the district-level market, where the actual damage is caused, sees neither property of the same type nor property with the same properties, technical standards, utilities and quality, the market shall be the district-level market nearest to the place where the actual damage is caused within the same province or centrally run city.

3. The wear-out degree of the property prescribed in Clause 1, Article 23 of the Law shall be determined under the law on management, use and depreciation of fixed assets.

4. The market price for repair and restoration of the damaged property prescribed in Clause 2, Article 23 of the Law means the average of the common transaction prices on the district-level market as prescribe in Clause 2 of this Article for the repair and restoration of the property supplied by 3 different repair and restoration service establishments on the market.

5. In case the market prices prescribed in Clause 1 and Clause 4 of this Article cannot be determined, the compensation-settling agency shall valuate the property according to Clause 1, Article 17 of this Decree.

6. The average monthly rent rate of movables of the same type or with the same properties, technical standards, utilities and quality prescribed in Clause 3, Article 23 of the Law means the average of the monthly rent rates of 3 such property items supplied by 3 different leasing establishments on the market. The market shall be determined according to Clause 2 of this Article.

The average monthly rent rate of immovables means the average of the monthly rent rates of 3 immovables of the same type and same quality supplied by 3 different leasing establishments on the market. The market shall be determined according to Clause 2 of this Article.

7. The time when damage occurs prescribed in Clause 1 and Clause 3, Article 23 of the Law is the date when the actual damage arises

Article 4.Period of time serving as the basis for determining the damage due to property infringement prescribed in Clauses 3, 4 and 5, Article 23 of the Law

1. The period of time for calculation of lost actual income prescribed in Clause 3, Article 23 of the Law because the property was put on sale or lost shall be counted from the date the property was sold or lost to the time the compensation-requesting dossier is accepted as prescribed in Article 43 of the Law or to the time the first-instance court determines the value of damage for cases prescribed in Clause 1 of Article 52, and Article 55, of the Law (below called the processing and settling time).

2. The period of time for calculation of lost actual income prescribed in Clause 3, Article 23 of the Law because the illegally seized, temporarily held, attached or confiscated property was left unused or unexploited or the account was frozen shall be counted from the date the property was unused or unexploited to the time the property is returned or the time the frozen account was released.

3. The period of time for calculation of interest prescribed in Clause 4, Article 23 of the Law for the money amount remitted into the state budget, confiscated or  kept for judgment execution, or money amount deposited as security under decision of a competent state agency shall be counted from the date it was remitted into the state budget, confiscated or kept for judgment execution, or deposited as security under decision of a competent state agency to the time the competent state agency refunds such amount.

4. The period of time for calculation of interest prescribed in Clause 5, Article 23 of the Law on the fine for breaching obligations in civil or economic transactions shall be determined as follows:

a/ The interest on the fine prescribed at paragraph 2, Clause 5, Article 23 of the Law shall  be calculated from the date the fine is due to be paid to the time the damage sufferer fully pays the interest on the fine;

b/ For the interest on the fine prescribed at paragraph 3, Clause 5, Article 23 of the Law, it shall be counted from date the fine is due to be paid to the processing and settling time.

5. In case by the processing and settling time, the damage prescribed in Clauses 2 and 3, and at Point a of Clause 4 has not yet ceased, the period of time shall be counted from the date the actual damage arises to the processing and settling time.

Article 5.Period of time serving as the basis for determining the damage due to the loss or reduction of actual income prescribed in Article 24 of the Law.

1. The period of time during which the salary or wage is lost or reduced as prescribed at Points a and b, Clause 1, Article 24 of the Law shall be counted from the date the salary or wage is not received or is reduced to the date the salary or wage is fully received, except for the cases prescribed in Articles 6, 7, 8 and 9 of this Decree.

If, by the processing and settling time, the damage sufferer has not yet fully received the salary or wage, the period of time prescribed in this Clause shall be counted from the date the salary or wage is not received or reduced to the processing and settling time.

2. The average salary or wage of 3 consecutive months for unstable income from salary or wage prescribed at Point b, Clause 1, Article 24 of the Law shall be determined to be the average salary or wage amount of 3 consecutive months with income preceding the time the damage occurs.

Article 6.Period of time serving as the basis for determining damage due to loss or reduction of actual income prescribed in Article 24 of the Law in case the damage sufferer is subject to confinement to a reformatory, compulsory education establishment or compulsory rehabilitation establishment or is held in custody according to administrative procedures

1. The period of time serving as the basis for determining salary or wage lost or supervised under Points a and b, Clause 1, Article 24 of the Law shall be counted from the date the damage sufferer is sent into a reformatory, compulsory education establishment or compulsory rehabilitation establishment or is held in custody according to administrative procedures to the date of completely serving such measure.

2. The average salary or wage of 3 consecutive months, for unstable income from salary or wage, shall be determined according to Clause 2, Article 5 of this Decree.

Article 7.Period of time serving as the basis for determining damage due to loss or reduction of actual income as prescribed in Article 24 of the Law in case civil servants holding the post of general director, equivalent or lower post are unlawfully disciplined in the form of dismissal

The period of time serving as the basis for determining the lost or reduced salary of civil servants holding the post of general director, equivalent or lower post and being unlawfully disciplined in the form of dismissal shall be determined in the following cases:

1. By the time the case is processed and settled, the damage sufferer has not reached the retirement age and has his/her work restored, the period of time shall be counted from the date the disciplinary decision takes effect to the date his/her work is restored.

In case by the processing and settling time, the damage sufferer referred to in this Clause has not yet returned to work, the period of time shall be counted from the date the disciplinary decision takes effect to the processing and settling time.

2. If, by the processing and settling time, the damage sufferer has reached or passed the retirement age while he/she has returned to work before reaching the retirement age, the period of time shall be counted from the date the disciplinary decision takes effect to the date such person returns to work.

In case by the processing and settling time, the damage sufferer referred to in this Clause has not yet returned to work, the period of time shall be counted from the date the disciplinary decision takes effect to the date he/she reaches the retirement age and includes the period of time he/she enjoys social insurance benefits.

3. In case the damage sufferer dies before returning to work, the period of time prescribed in this Article shall be counted from the date the disciplinary decision takes effect to the date he/she dies.

Article 8.Period of time serving as the basis for determining damage due to loss or reduction of actual income prescribed in Article 24 of the Law in case the damage is caused in criminal procedure activities

1. The period of time serving as the basis for determining lost or reduced salary or wage prescribed at Points a and b, Clause 1, Article 24 of the Law in criminal procedure activities shall be determined as follows:

a/ If the damage sufferer is held in an emergency case, the period of time shall be counted from the date the damage sufferer is held to the date he/she is released;

b/ If the damage sufferer is charged for a crime, prosecuted, brought to trial and receives a sentence for which he/she is held in custody, temporarily detained and serves an imprisonment sentence, the period of time shall be counted from the date he/she is arrested, held in custody or temporarily detained to the date of completely serving the preventive measure or from the date he/she starts serving the imprisonment sentence to the date he/she completes serving it;

c/ If the damage sufferer is charged for a crime, prosecuted, brought to trial and receives a sentence without being held in custody or temporarily detained and serving an imprisonment sentence, the period of time shall be counted from the date he/she is charged for a crime to the date of issuance of documents used as the basis for compensation claim or the date he/she completely serves the imposed penalty;

d/ If the damage sufferer is charged for a crime, prosecuted, brought to trial and serves an imprisonment sentence and has a period of time during which he/she is not held in custody, temporarily detained or imprisoned and a period of time during which he/she is held in custody, temporarily detained and imprisoned, the period of time shall be counted from the date he/she is charged for a crime to the date he/she completely serves the preventive measure or imprisonment sentence or to the date of issuance of documents used as the basis for compensation claim.

2. The average salary or wage of 3 consecutive months for unstable income from salary or wage shall be determined according to Clause 2, Article 5 of this Decree.

Article 9.Period of time serving as the basis for determining damage due to loss or reduction of actual income prescribed in Article 24 of the Law in case the damage sufferer loses all or part of his/her working capacity

1. The period of time serving as the basis for determining lost or reduced salary or wage prescribed at Points a and b, Clause 1, Article 24 of the Law of the damage sufferer who loses all or part of his/her working capacity and participates in social insurance, shall be determined as follows:

a/ If the damage sufferer dies when he/she has not yet reached or has just reached the retirement age, the period of time shall be counted from the time such person is determined as having lost part or all of his working capacity to the time he/she dies;

b/ If the damage sufferer dies when he/she has passed the retirement age, the period of time shall include the period from the time such person is determined as having lost part or all of his/her working capacity to the time he/she reaches the retirement age and the period from the time he/she starts enjoying social insurance benefits to the time he/she dies.

c/ If the damage sufferer is still alive, the period of time shall include the period from the time he/she is determined as having lost part or all of his/her working capacity to the time such person reaches the retirement age and the period during which he/she enjoys social insurance benefits counted from the time he reaches the retirement age to the time he/she reaches the average life span announced by competent agencies plus 10 years.

2. The period of time serving as the basis for determining lost or reduced salary or wage prescribed at Points a and b, Clause 1, Article 24 of the Law of the damage sufferer who has lost part or all of his/her working capacity and do not participates in social insurance, shall be determined as follows:

a/ If the damage sufferer has died, the period of time shall be counted from the time such person is determined as having lost part or all of his working capacity to the time he/she dies;

b/ If the damage sufferer is still alive, the period of time shall be counted from the time such person is determined as having lost part or all of his working capacity to the time he/she reaches the average life span announced by competent agencies plus 10 years.

3. The average salary or wage of 3 consecutive months for unstable income from salary or wage shall be determined according to Clause 2, Article 5 of this Decree.

Article 10.Period of time serving as the basis for determining material loss due to the death of the damage sufferer prescribed in Article 25 of the Law, and material loss due to health damage prescribed in Article 26 of the Law

1. The period of time for calculating expenses for improving the health of the damage suffer prescribed in Clause 2, Article 25 of the Law or in Clause 2, Article 26 of the Law, shall be determined according to the actual number of days of medical examination and treatment in medical records.

2. The period of time for calculating expenses paid to the caretaker of the damage sufferer in the medical examination and treatment period prescribed in Clause 3, Article 25 of the Law or in Clause 3, Article 26 of the Law shall be determined according to the actual number of days the damage sufferer is looked after by such person.

3. The period of time for calculating expenses paid to a caretaker of the damage sufferer who loses all of his working capacity and requires regular care prescribed at Point a, Clause 4, Article 26 of the Law shall be determined as follows:

a/ If the damage sufferer has died, the period of time shall be counted from the date he/she is looked after by the caretaker to the time he/she dies;

b/  If the damage sufferer is still alive, the period of time shall be counted from the date of starting to have the caretaker to the time he/she reaches the average life span announced by competent agencies plus 10 years;

c/ If the damage sufferer remains alive and later has his/her working capacity restored, the period of time shall be counted from the date of starting to have the caretaker to the time of restoration of his/her working capacity.

Article 11.Period of time serving as the basis for determining damage due to mental suffering prescribed in Clause 3, Article 27 of the Law

1. In case the damage sufferer is arrested, held in custody, detained or imprisoned as prescribed at Point b, Clause 3, Article 27 of the Law, the period of time shall be counted from the date he/she is arrested, held in custody, detained or starts serving an imprisonment sentence to the date he/she completely serves the preventive measure or is released or to the date he/she completely serves the imprisonment penalty.

2. In case the damage sufferer is not arrested, held in custody or detained or serves a non-imprisonment penalty as prescribed at Point c, Clause 3, Article 27 of the Law, the period of time shall be counted from the date he/she is charged for a crime or starts serving the penalty to the date of issuance of documents serving as the basis for compensation claim.

3. In case the damage sufferer is subjected to non-custody reform or serves a suspended sentence as prescribed at Point d, Clause 3, Article 27 of the Law, the period of time shall be counted from the date he/she starts serving the non-custody reform or suspended sentence to the date he/she completely serves the penalty.

4. If the damage sufferer has completely served the penalty under a court’s judgment or decision and later a competent agency or person in criminal procedure activities issues a judgment or sentence which determines that he/she is eligible for compensation in criminal proceedings prescribed at Point dd, Clause 3, Article 27 of the Law, the period of time shall be counted from the date he/she completely serves the penalty to the date of issuance of documents serving as the basis for compensation claim.

Article 12.Determination of other compensable expenses prescribed in Article 28 of the Law

1. Expenses for accommodation rent, travel, printing of documents and sending of written complaints or denunciations as prescribed in Clause 1, Article 28 of the Law shall be compensated if the compensation claimant files his/her complaints or denunciations, participates in legal proceedings or claims for compensation at one of the following agencies:

a/ Agency competent to settle complaints;

b/ Agency competent to settle denunciations;

c/ Competent court prescribed by procedural law;

d/ Agency in charge of settling compensation as prescribed by the Law.

2. Expenses for accommodation rent, travel, printing of documents and sending of written complaints or denunciations as prescribed in Clause 1, Article 28 of the Law shall be determined according to the number of complaints and denunciations and the intervals between two times of complaint or denunciation and participation in legal proceedings and claim for compensation at the agencies prescribed in Clause 1 of this Article under the laws on complaints, denunciations, legal proceedings and state compensation liability. The actual number of times of complaint, denunciation, participation in legal proceedings and clam for compensation shall be determined as follows:

a/ The number of times of complaint, denunciation, participation in legal proceedings and claim for compensation and participation at the request of one of the agencies specified in Clause 1 of this Article for the settlement of complaints, denunciations, cases and compensation must correspond to the rights, time limits, order and procedures for such settlement as prescribed by the laws on complaints, denunciations, legal proceedings and state compensation liability;

b/ The actual number of times of complaint, denunciation, participation in legal proceedings and claim for compensation in order to obtain decisions to settle complaints and denunciations, and judgments and decisions of competent agencies in case such agencies fail to strictly comply with the laws on complaints, denunciations, legal proceedings and state compensation liability regarding time limits, order and procedures for settlement.

3. Expenses for accommodation rent prescribed in Clause 1, Article 28 of the Law shall be determined based on the actual number of working days between the compensation claimant and one of the agencies specified in Clause 1 of this Article plus 1 day of accommodation rent before (if any) and 1 day of accommodation rent after (if any).

Chapter III

PROCEDURES FOR SETTLEMENT OF COMPENSATION CLAIMS

Article 13.Acceptance of compensation claim dossiers by agencies directly managing damage-causing official-duty performers

In case the compensation claimant has filed a compensation claim dossier (below referred to as dossier) with the provincial-level Department of Justice according to Clause 4, Article 41 of the Law within the compensation claim limitation period, but the agency directly managing the damage-causing official-duty performer receives the dossier forwarded from the provincial-level Department of Justice after the expiration of the  limitation period, such agency shall still accept such dossier.

Article 14.Method of damage verification prescribed in Article 45 of the Law

1. Damage verification shall be carried out by one or several of the following methods:

a/ Determining the damage eligible for state compensation in the written compensation claim;

b/ Requesting the compensation claimant and related individuals and organizations to provide documents and evidence related to the compensation settlement as prescribed in Article 16 of this Decree;

c/ Organizing exchanges of opinions between compensation claimants and related individuals and organizations. An exchange of opinions shall be recorded in a minutes  with the signatures or fingerprints of the participants;

d/ Requesting the assessment of documents and evidence presented by compensation claimant in the dossiers in case there is a ground to believe that such documents and evidence are forged or in other necessary cases;

dd/ Considering and assessing the current conditions of the damage at places where the damaged property is located;

e/ Collecting written opinions of related individuals and organizations on the damage and compensation amount requested by the compensation claimants in the dossiers as prescribed in Article 18 of this Decree;

g/ Valuating the property and assessing the damage as prescribed in Article 17 of this Decree;

h/ In case the compensation claimant has provided adequate documents and evidence under Article 15 of this Decree, which are all legal, on one of the damages, the compensation-settling person shall conduct on-site verification of such damage.

2. In case the parties involved agree to prolong the time of damage verification, such agreement shall be made in a minutes with the signature of the compensation-settling person and the signature or fingerprints of the compensation claimant on every page of the minutes. The minutes must contain the following principal details:

a/ Date of making;

b/ The reasons for prolongation of the damage verification time;

c/ The prolonged damage verification time.

Article 15.Documents and evidence serving as grounds for damage verification prescribed in Article 45 of the Law

The damage verification in each specific case shall be carried out based on one or several of the following lawful documents and evidence:

1. The verification of damage due to property infringement shall be carried out based on one or several of documents and evidence related to ownership, exploitation and use of property; the sale, seizure, attachment or confiscation of property, judgment execution, loss of property, freezing of bank accounts; return of property, damage conditions of property, the repair and restoration of property, lease of property; loan for payment into the state budget, payment of fines for breach of obligations in civil or economic transactions; remittance of money into the state budget, deposit of money as security under decisions of competent agencies, payment of fines due to breach of obligations in civil and economic transactions; reimbursement of money to damage sufferers, payment of money by damage sufferers to lenders; valuation of property, assessment of damage; non-use or non-exploitation of property.

2. The verification of damage due to the loss or reduction of actual income of damage sufferers being individuals shall be carried out based on one or several of documents and evidence related to: payment of salary, wage, unstable seasonable incomes; social insurance benefits of damage sufferers.

3. The verification of material loss due to the death of damage sufferers and material loss due to health damage shall be carried out based on one or several of documents and  evidence related to: medical examination and treatment at medical examination and treatment establishments; the status of loss of all or part of working capacity of damage sufferers; the availability of regular caretakers of damage sufferers; performance of alimony obligation; death of damage sufferers; and damage assessment.

4. The verification of damage due to mental suffering shall be carried out based on one or several of documents and evidence related to: application of administrative measures of education in a commune, ward or township, holding in custody according to administrative procedures, confinement to a reformatory, compulsory education establishment or compulsory rehabilitation establishment, holding in custody in an emergency case, initiation of a criminal case, prosecution, trial and judgment execution; or application of preventive measures in criminal procedure activities; death of damage sufferers; degree of health damage; disciplining by dismissal; and damage assessment.

5. The verification of damage being other compensable expenses shall be carried out based on one or several of documents and evidence related to accommodation rent, travel, printing of documents, sending of complaints; hire of defense counsels or protectors of lawful rights and interests of damage sufferers; visit to relatives of persons held in custody, detained or serving imprisonment sentences in criminal proceedings.

Article 16.Requesting compensation claimants and related individuals and organizations to provide the documents and evidence prescribed in Clause 1, Article 45 of the Law

1. The compensation settlers may request the compensation claimants to provide documents and evidence for use as grounds for damage verification in the following cases:

a/ Their written compensation claims are not accompanied by documents and evidence proving the damage;

b/ The provided documents and evidence are incomplete or conformable to the damage stated in the written compensation claims;

c/ The provided documents and evidence fail to prove the causal relationship between the actual damage and damage-causing acts of the official-duty performers.

2. The compensation settlers may request related individuals and organizations to provide documents and evidence for use as grounds for damage verification in the following cases:

a/ The related individuals and organizations possess documents and evidence that can be used as the basis for proving the damage, which the compensation claimants cannot provide;

b/ The compensation claimants cannot provide the originals for comparison;

c/ For certification of the original contents of papers and documents under their jurisdiction or responsibility already supplied to damage sufferers to prove the damage in case the originals no longer exist.

Article 17.Property valuation and damage assessment prescribed in Clause 1 of Article 45 of the Law.

1. The valuation of property shall be carried out in the following cases:

a/ The market price prescribed in Clauses 1 and 4 of Article 3 of this Decree cannot be determined;

b/ There exists no property of the same type or with the same properties, technical standards, utilities and quality as the damaged property in the market at the time of damage verification;

c/ There appear changes in the current status of the damaged property at the time of damage verification as compared with the day when the actual damage arises, causing changes in the properties, technical standards, utilities and quality of the property.

2. The assessment of damage shall be carried out in the following cases:

a/ The compensation claimant and the compensation-settling agency disagree on the degree of property damage, or the properties, technical standards of the property or the damage occurring beyond the requirements of urgent circumstances;

b/ There are no results of a competent agency’s or organization’s assessment on the degree of health damage for use as a ground for verification of mental damage due to health damage.

3. The valuation of property shall be carried out in accordance with the law on prices. The assessment of damage must comply with the law on judicial assessment.

4. Expenses for property valuation and damage assessment shall be paid as follows:

a/ In the process of damage verification, the compensation-settling person shall determine cases in need of property valuation and damage assessment and propose the head of the compensation-settling agency to provide funds for the property valuation and damage assessment;

b/ Within 1 working day after receiving a proposal on allocation of funds for property valuation and damage assessment with adequate grounds as prescribed in this Decree, if the administrative management budget assigned by competent authorities has not been used up, the head of the compensation-settling agency shall allocate fund for property valuation and damage assessment.

Based on the funds already allocated for property valuation and damage assessment, the compensation-settling agency shall propose the competent finance agency to additionally allocate funds. Within 5 working days after receiving such proposal, the competent finance agency shall additionally allocate funds for the compensation-settling agency;

c/ In case the remaining administrative management budget assigned by competent authorities is insufficient, within 2 working days after the receiving the proposal, the head of the compensation-settling agency shall send a written request to the competent finance agency for allocation of funds for property valuation and damage assessment. Within 5 working days after receiving such written request, the competent finance agency shall allocate funds to the compensation-settling agency. Within 1 working day after receiving the funds, the head of the compensation-settling agency shall allocate funds for property valuation and damage assessment.

Article 18.Collection of opinions of related individuals and organizations on damage and compensation level prescribed in Clause 1, Article 45 of the Law

1. The compensation-settling person shall collect written opinions on damage and compensation level from one or several of the following individuals and organizations:

a/ Professional agencies of the state management agencies in sectors or fields related to the damage at the request of the compensation claimant;

b/ Competent finance agencies;

c/ Experts on sectors or fields related to the damage at the request of the compensation claimants and the compensation amounts claimed.

2. The compensation-settling person shall collect written opinions of individuals and organizations on damage and compensation level in the following cases:

a/ The damage occurs at different points of time and the documents and evidence related to the case are unclear and inadequate;

b/ The damage occurred 10 or more years before the time of acceptance and settlement of the case;

c/ The damage stated by the compensation claimant in the dossier differs in monetary value 2 times or more compared to the result of damage verification of the compensation-settling agency.

3. Within 5 working days after receiving a document for opinion, the consulted individuals and organizations shall issue a written reply the compensation-settling agency.

Article 19.Participation in damage verification prescribed in Clause 4, Article 45 of the Law

1. Complicated cases prescribed in Clause 4, Article 45 of the Law are those in which:

a/ There are different types of damage occurring at different points of time;

b/ The compensation amount claimed is over VND 5 billion;

c/ Great impacts are exerted on the situation of political security, social order and safety in a locality.

2. Within 2 working days after receiving the compensation-settling agency’s request, the state management agency in charge of state compensation activities and the competent finance agency shall appoint representatives to participate in the damage verification as prescribed in Clauses 3 and 4 of this Article.

3. Representatives of the Ministry of Justice and the Ministry of Finance may participate in damage verification in complicated cases prescribed in Clause 1 of this Article when so requested by the following compensation-settling agencies headquartered in Hanoi city:

a/ Ministries, ministerial-level agencies, government-attached agencies;

b/ General departments, departments and other units having legal person status and own accounts, which are attached to ministries, ministerial-level agencies or government-attached agencies;

c/ Central agencies competent to provide information as prescribed in the Law on Access to Information;

d/ Central agencies competent to apply necessary measures to protect denouncers as prescribed in the Law on Denunciations;

dd/ Central agencies issuing disciplinary decisions on dismissal of civil servants;

e/ Investigating agencies, central agencies tasked to carry out a number of investigation activities;

g/ The superior People’s Procuracies, the Central Military Procuracy, the Supreme People’s Procuracy;

h/ The superior People’s Courts, the Central Military Court, the Supreme People’s Court;

i/ The central criminal judgment execution agency in the People’s Public Security;

k/ The central criminal judgment execution agency in the People’s Army.

4. Representatives of provincial-level Departments of Justice and Departments of Finance may participate in damage verification in complicated cases prescribed in Clause 1 of this Article when so requested by the compensation-settling agencies, except in case the compensation-settling agencies are those prescribed in Clause 3 of this Article.

5. Agencies invited to participate in damage verification under this Article shall participate in damage verification together with the compensation-settling agency in order to ensure that the damage verification is impartial and lawful.

Article 20.Report on damage verification prescribed in Clause 3, Article 45 of the Law

A report on damage verification must contain the following principal contents:

1. Types of damage verified.

2. Damage-verifying methods.

3. The participation by the competent state management agency in charge of state compensation activities and competent finance agency (if any).

4. The agreement on prolongation of the damage verification time (if any).

5. Proposal on types of compensable damage, compensation amount.

6. Other issues related to the damage verification process (if any).

Article 21.Negotiations on compensation prescribed in Clause 3, Article 46 of the Law

1. The compensation-settling agency may invite a representative of the finance agency of the same level, other individuals and organizations, and request the damage-causing official-duty performer to participate in negotiations on compensation as prescribed at Point e, Clause 3, Article 46 of the Law in the following cases:

a/ The complicated cases prescribed in Clause 1, Article 19 of this Decree;

b/ Cases without the participation of the state management agency in charge of state compensation activities and competent finance agency in the process of damage verification and the damage verification report of the compensation-settling agency proposing the compensation amount of VND 1 billion or more;

c/ Cases in which the damage is caused by many official-duty performers of different agencies;

d/ Other necessary cases as decided by the head of the compensation-settling agency.

2. The state management agency in charge of state compensation activities participating in compensation negotiations as prescribed at Point d, Clause 3, Article 46 of the Law shall be determined as follows:

a/ The Ministry of Justice shall appoint representatives to participate in negotiations in all compensation-requesting cases which fall under the settling responsibility of the compensation-settling agencies prescribed in Clause 3, Article 19 of this Decree;

b/ The provincial-level Departments of Justice shall appoint representatives to participate in negotiations on all compensation-requesting cases which fall under the settling responsibility of the compensation-settling agencies located in their localities.

Article 22.Restoration of honor prescribed in Article 57 of the Law

1. A written notice of organization of honor restoration by the State for a damage sufferer in criminal procedure activities must contain the following principal details:

a/ Time and venue for organization of direct public apology and correction;

b/ Publication of public apology and correction on newspapers;

c/ The damage sufferer’s feedback.

2. A written notice of organization of honor restoration by the State for a damage sufferer due to unlawful dismissal, application of administrative measures of confinement to a reformatory, compulsory education institution or compulsory rehabilitation establishment must have the principal details specified at Points b and c, Clause 1 of this Article.

3. Within 10 days after receiving a written notice prescribed in Clause 1 or 2 of this Article, the damage sufferer shall send his/her written feedback to the agency directly managing the damage-causing official-duty performer. In case the damage sufferer gives oral feedback, the agency directly managing the damage-causing official-duty performer shall make a written record thereon, which shall be signed or fingerprinted by the damage sufferer.

In case the agency directly managing the damage-causing official-duty performer receives no feedback from the damage sufferer, the restoration of honor shall be carried out when the damage sufferer makes a written request therefor.

The period of time during which aforce majeureevent or objective obstacle occurs as prescribed by the Civil Code shall not be counted into the time limit for reply prescribed in this Clause.

Article 23.Participants in and procedures for holding meetings to directly give public apologies and corrections prescribed in Article 58 of the Law

1. The agency directly managing the damage-causing official-duty performer shall invite the following participants in a meeting to directly give public apologies and corrections:

a/ The damage sufferer, the at-law representative of the damage sufferer, in case the at-law representative is required by the Civil Code;

b/ A representative of the leadership of the agency directly managing the damage-causing official-duty performer; representatives of leaderships of the related proceedings-conducting agencies, in case the damage is jointly caused by various official-duty performers of different proceedings-conducting agencies;

c/ A representative of the commune-level People’s Committee of the locality where the damage sufferer resides, in case the damage sufferer is an individual, or where the damage sufferer’s head office is located, in case the damage sufferer is a commercial legal person;

d/ Blood parents, adoptive parents, spouse, in-law parents, offspring, adopted children of the damage sufferer;

dd/ The authorized representative (if any) of the damage sufferer, the protectors (if any)
of lawful rights and interests of the damage sufferer;

e/ A representative of the agency or organization where the damage sufferer works or learns (if any); representatives of the political organization, socio-political organization, socio-political-professional organization, social organization and socio-professional organization of which the damage sufferer is a member (if any);

g/ Representatives of press agencies;

h/ Other participants as deemed necessary by the agency directly managing the damage-causing official-duty performer.

2. Within 15 days after receiving the written consent or request of the damage sufferer on honor restoration prescribed in Article 41 or 57 of the Law, the head of the agency directly managing the damage-causing official-duty performer shall:

a/ Fix the time and venue for and invite participants as prescribed in Clause 1 of this Article to the meeting to directly give public apologies and corrections;

b/ Assign 1 member of the agency’s leadership to present the written public apologies and corrections;

c/ Propose the commune-level People’s Committee of the locality where the meeting is organized to maintain security and order for the meeting.

In case of necessity, request the district-level Public Security agency of the locality where the meeting is organized to maintain security and order for the meeting.

3. The meeting to directly give public apologies and corrections shall not be held when any of the participants specified at Points a, b and c, Clause 1 of this Article is absent.

4. The meeting to give public apologies and corrections must proceed according to the following steps:

a/ The representative of the agency directly managing the damage-causing official-duty performer states the reason, introduces participants and adopts the agenda of the meeting;

b/ The representative of the leadership of the agency directly managing the damage-causing official-duty performer presents the written public apologies and corrections;

c/ The representative of the leadership of the related proceedings-conducting agency, in case various official-duty performers of different proceedings-conducting agencies jointly cause the damage, presents opinions (if any);

d/ The damage sufferer, the at-law representative of the damage sufferer, in case the at-law representative is required by the Civil Code presents opinions on the public apologies and corrections (if any);

dd/ Other persons present opinions (if any).

5. In case the agency directly managing the damage-causing official-duty performer requests the district-level Public Security agency to maintain security and order for the meeting, the latter shall assume the prime responsibility for, and coordinate with the commune-level People’s Committee in, maintaining security and order for the meeting.

Article 24.Contents of written public apologies and corrections

The written public apologies and corrections must have the following principal details:

1. The name and head office of the agency directly managing the damage-causing official-duty performer.

2. Full name, position and title of the person presenting the written public apologies and corrections.

3. Full name and address of the damage sufferer.

4. State agencies related to causing the damage.

5. Summary of the damage-causing acts and the cause of the damage.

6. A paper stating that the agency directly managing the damage-causing official-duty performer has admitted the wrongdoings committed by the official-duty performer under its management and their consequences.

7. A paper stating that on behalf of the State, the representative of the leadership of the related agency apologizes the damage sufferer, his/her family, relatives, working office (if any) and people; wishes that the damage sufferer accepts the apologies, and undertakes to severely handle according to law the damage-causing official-duty performer.

Article 25.Publication of public apologies and corrections in the press as prescribed in Article 59 of the Law

1. The agency directly managing the damage-causing official-duty performer being the compensation-settling agency shall publish the public apologies and corrections on one provincial newspaper, except the cases prescribed in Clause 2 of this Article.

2. The agency directly managing the damage-causing official-duty performer being the compensation-settling agency prescribed at Point a, b. c, d, dd, e, g, h, i or k, Clause 3, Article 19 of this Decree shall publish the public apologies and corrections on one central newspaper and one local newspaper.

3. The public apologies and corrections published on a newspaper must include the principal contents specified in Clauses 1, 3, 4, 5 and 7, Article 24 of this Decree and shall be printed at an important position on the main page of the newspaper.

4. Within 15 days after receiving the written consent or request of the damage sufferer on honor restoration as prescribed in Article 41 or 57 of the Law, the head of the agency directly managing the damage-causing official-duty performer shall make arrangements for the public apologies and corrections published on the newspapers.

5. The chairperson of the commune-level People’s Committee of the place where the damage sufferer resides, in case the damage sufferer is an individual, or where the head office of the damage sufferer is located, in case the damage sufferer is a commercial legal person, shall post up the newspaper page with the public apologies and correction for 15 days.

6. In case the damage sufferer has died, the agency directly managing the damage-causing official-duty performer is not required to make notification as prescribed in Clause 1, Article 57 of the Law but shall take the initiative in getting the public apologies and corrections published on the newspapers as prescribed in Clause 6 of Article 57 and Article 59 of the Law and this Article.

Chapter IV

REIMBURSEMENT LIABILITY

Article 26.Determination of to be-reimbursed amounts prescribed in Clauses 1, 2 and 3, Article 65 of the Law

1. Salary of the damage-causing official-duty performer for reimbursement shall be the base salary multiplied by the rank- and grade-based coefficient according to law at the time the reimbursement decision is issued.

In case by the time the reimbursement decision is issued, the damage-causing official-duty performer has retired, his/her reimbursement liability shall be considered on the basis of his/her salary upon his/her retirement.

2. The amount to be reimbursed by the official-duty performer deliberately causing the damage not to the extent for penal liability examination shall be determined as follows:

a/ In case the money amount already compensated by the State is higher than 100 months’ salary of the damage-causing official-duty performer at the time the reimbursement decision is issued, the to be-reimbursed amount will be 50 months’ salary of such person;

b/ In case the money amount compensated by the State is equal to between over 80 months’ and 100 months’ salary of the damage-causing official-duty performer at the time the reimbursement decision is issued, the to be-reimbursed amount must be between 40 months’ and under 50 months’ salary of such person but not exceed 50% of the money amount already compensated by the State;

c/ In case the to be-reimbursed amount compensated by the State is equal to between 60 months’ and 80 months’ salary of the damage-causing official-duty performer at the time the reimbursement decision is issued, the to be-reimbursed amount must be between 30 months’ and under 40 months’ salary of such person but not exceed 50% of the amount already compensated by the State;

d/ In case the amount compensated by the State is lower than 60 months’ salary of the damage-causing official-duty performer at the time the reimbursement decision is issued, the to be-reimbursed amount must be equal to 50% of the amount compensated by the State.

3. The amount to be reimbursed by the official-duty performer unintentionally causing the damage shall be determined as follows:

a/ In case the amount compensated by the State is higher than 10 months’ salary of the damage-causing official-duty performer at the time the reimbursement decision is issued, the to be-reimbursed amount must be 5 months’ salary of such person;

b/ In case the amount compensated by the State is equal to between 8 months’ and 10 months’ salary of the damage-causing official-duty performer at the time the reimbursement decision is issued, the to be-reimbursed amount must be 4 months’ salary of such person;

c/ In case the amount compensated by the State is equal to between 6 months’ and 8 months’ salary of the damage-causing official-duty performer at the time the reimbursement decision is issued, the to be-reimbursed amount must be 3 months’ salary of such person;

d/ In case the amount compensated by the State is lower than 6 months’ salary of the damage-causing official-duty performer at the time the reimbursement decision is issued, the to be-reimbursed amount must be 50% of the amount compensated by the State.

4. The determination of the to be-reimbursed amount in case various official-duty performers jointly cause the damage is prescribed as follows:

a/ Determining the amount to be reimbursed by each official-duty performer in the total amount compensated by the State corresponding to the degree of fault prescribed in Clause 2, Article 65 of the Law;

b/ Calculating the total amount to be reimbursed by the damage-causing official-duty performers based on the results referred to at Point a of this Clause;

c/ Calculating the percentage of the amount to be reimbursed by each  damage-causing official-duty performer prescribed at Point a of this Clause against the total amount to be reimbursed prescribed at Point b of this Clause;

d/ The amount to be reimbursed by each damage-causing official-duty performer shall be determined as equal to the amount compensated by the State multiplied by the percentage calculated under Point c of this Clause.

Article 27.Reduction of reimbursable amounts prescribed in Clause 4, Article 65 of the Law

1. Active redress of consequences means the voluntary compensation by the damage-causing official-duty performer to partially redress the damage for the damage sufferer.

2. The damage-causing official-duty performer meeting financial difficulties means the one who falls in one of the following cases:

a/ He/she is the only laborer of his/her family and the fulfillment of his/her entire reimbursement obligation may affect the normal life of his/her family and he/she falls in one of the cases: having to nurture minor offspring or disabled offspring without working capacity; having to nurture his/her spouse who has no working capacity; having to nurture his/her parent(s) who have passed the working age or are unable to work;

b/ The official-duty performer suffers prolonged financial difficulties due to a calamity, natural disaster or fire in which he/she lost property or due to an accident after which he/she has lost his/her health by 31% or higher, or suffers a dangerous disease.

The damage-causing official-duty performer shall provide proof of his/her eligibility for reduction of reimbursable amount as prescribed in this Clause.

3. In case the official-duty performer is fully eligible for reduction of reimbursable amount, the head of the reimbursement decision-issuing agency shall issue a decision to reduce the reimbursable amount for him/her. The reimbursable amount reduction decision must contain the following principal details:

a/ Full name of the damage-causing official-duty performer eligible for reduction of reimbursable amount;

b/ Reason for the reduction of reimbursable amount;

c/ The reduced reimbursable amount;

d/ The remaining amount to be reimbursed (if any).

Article 28.Reimbursement liability consideration council prescribed in Article 66 of the Law

1. In case there is only one agency directly managing the damage-causing official-duty performer, within 10 days after completing the compensation, the head of the compensation-paying agency shall form a council to consider reimbursement liability (below referred to as the council).

In case the head of the compensation-paying agency is the damage-causing official-duty performer, another leader of such agency shall form the council.

2. In case the damage is caused jointly by various official-duty performers of different agencies, the council shall be formed as follows:

a/ Within 1 working day after completing the compensation, the head of the compensation-paying agency shall send a written request to the related agencies to appoint  officials to join the council;

b/ Within 1 working day after receiving the written request, the agencies related to the case shall issue documents on appointment of officials to the council;

c/ Within 5 working days after receiving the appointment documents, the head of the compensation-paying agency shall form the council.

3. The council shall be composed of the chairperson being the representative of the leadership of the compensation-paying agency and the following members:

a/ Representatives of the leaderships of agencies directly managing the damage-causing official-duty performers in case the damage is caused jointly by various official-duty performers of different agencies;

b/ A representative of the grassroots trade union of the compensation-paying agency.

In case various official-duty performers of different agencies jointly cause the damage, there must be representatives of the grassroots trade unions of those agencies;

c/ A representative of the agency that has issued the document for use as a ground for compensation claim, in case such document has no content related to the identification of the fault of the official-duty performer;

d/ A representative of the agency or organization currently managing, employing and salarying the damage-causing official-duty performer, in case he/she has moved to work for such agency or organization;

dd/ A representative of the social insurance agency paying pension to the official-duty performer, in case such person has retired;

e/ Other members as deemed necessary by the compensation-paying agency.

The council’s members must be neither relatives of the damage-causing official-duty performer nor relatives of the damage sufferer as prescribed by the Law on Marriage and Family.

4. The council chairperson shall convene and preside over meetings of the council, assign duties to council members, sign minutes of the council’s meetings and written proposals and perform other tasks as prescribed by this Decree.

5. The council members shall directly perform tasks assigned by the council chairperson and other tasks prescribed by this Decree.

6. The council has the following tasks and powers:

a/ To identify damage-causing official-duty performers based on the contents of the documents serving as grounds for compensation claim and dossiers on handling affairs related to the official-duty performance that causes damage;

b/ To assess and determine the degree of fault of the damage-causing official-duty performers based on the contents of the documents used as grounds for compensation claim;

In case the document used as a ground for compensation claim has not yet identified the fault of the official-duty performer, the council shall assess and determine the degree of fault of the damage-causing official-duty performer based on the documents and evidence provided by the compensation claimant or in the process of settling the compensation claim and other circumstances of the case;

c/ To determine the reimbursement liability and the amount to be reimbursed by the damage-causing official-duty performer;

d/ To propose in writing the head of the compensation-paying agency the contents specified at Points a, b and c of this Clause.

7. The council shall disband upon fulfillment of its tasks.

Article 29.Working mode of the council prescribed in Article 66 of the Law

1. The council shall meet only when at least two-thirds of the total number of its members under its establishment decision are present.

2. The council shall work on the principle of collective discussion and make decisions by majority vote. In the course of discussion and decision, the council members must be impartial and democratic and observe relevant laws.

3. The tasks and powers specified at Points a, b and c, Clause 6, Article 28 of this Decree shall be performed and exercised in the form of casting secret ballots and be voted for by more than 50% of the total number of council members under its establishment decision.

In case many damage-causing official-duty performers are obliged to reimburse the compensated amount while the council sees different opinions, the voting by secret ballots prescribed in this Clause shall be made for every damage-causing official-duty performer.

4. Proceedings of the council’s meetings shall be recorded in minutes with the signatures of all participating members. In case the council meets in different sessions, each session shall be recorded in a separate minutes.

5. Based on the outcomes of the meetings and voting on the contents specified  at Points a, b and c, Clause 6, Article 28 of this Decree, the council chairperson shall sign and promptly send written proposals to the head of the compensation-paying agency.

6. Complicated cases prescribed in Clause 2, Article 66 of the Law in which the time limit for determining reimbursement liability may be prolonged:

a/ The damage-causing official-duty performer has given up his/her job and by the time his/her reimbursement liability is examined, the compensation-paying agency cannot identify his/her residence place;

b/ The damage is jointly caused by various official-duty performers of different agencies and the document used as the ground for compensation claim has no content for determining the fault of those persons.

Article 30.Reimbursement decisions prescribed in Article 66 of the Law

1. The reimbursement decision issuance time limit prescribed in Clause 3, Article 66 of the Law shall be determined as follows:

a/ Within 3 working days after receiving the written proposals of the council, the head of the compensation-paying agency shall issue a reimbursement decision with respect to the damage-causing official-duty performer, except the case specified at Point b of this Clause;

b/ Within 3 working days after receiving the written proposal of the head of the criminal proceedings-conducting agency that has paid the compensation, the head of the related criminal proceedings-conducting agency shall issue a reimbursement decision with respect to the proceedings-conducting person under its management.

2. A reimbursement decision must have the following principal details:

a/ Full name of the official-duty performer obliged to reimburse;

b/ The degree of fault of the official-duty performer obliged to reimburse;

c/ Amount to be reimbursed by the damage-causing official-duty performer;

d/ Method of reimbursement.

3. In case after the issuance of a reimbursement decision prescribed in Clause 2 of this Article, there is an official-duty performer eligible for reimbursement postponement, the head of the agency that has issued the reimbursement decision shall issue a decision to postpone the reimbursement for such person.

Article 31.Handling of reimbursed amounts, reimbursement liability in case the document serving as the ground for compensation claim is no as such as prescribed in Article 69 of the Law

1. In case the official-duty performer has fulfilled his/her reimbursement obligation, the head of the agency directly managing such person shall issue a decision to refund the reimbursed amount.

2. In case the official-duty performer is performing his/her reimbursement obligation, the head of the agency directly managing such person shall issue a decision canceling the reimbursement decision and issue a decision to refund the reimbursed amount.

3. The refund of the reimbursed amount to the official-duty performer in case the agency directly managing that person still has some unused administrative management budget assigned by a competent authority shall be carried out as follows:

a/ Within 3 working days after the issuance of the decision to refund the reimbursed amount, the agency directly managing the official-duty performer shall refund to the official-duty performer the money amount he/she has reimbursed;

b/ After returning the money to the official-duty performer, the agency directly managing that person shall issue an official letter requesting the competent finance agency to additionally allocate funds equal to the reimbursed amount already remitted into the state budget;

c/ Within 7 working days after receiving the written request, the competent finance agency shall complete the additional allocation of funds to the agency directly managing the official-duty performer.

4. The refund of the reimbursed amount to the official-duty performer in case the agency directly managing such person has an inadequate administrative management budget assigned by a competent authority shall be carried out as follows:

a/ Within 3 working days after issuing the decision to refund the reimbursed amount, the agency directly managing the official-duty performer shall issue a written request to the competent finance agency to allocate funds for the reimbursement of money to the official-duty performer;

b/ Within 7 working days after receiving the request, the competent finance agency shall allocate funds to the agency directly managing the official-duty performer;

c/ Immediately after receiving the funds from the competent finance agency, the agency directly managing the official-duty performer shall reimburse money to the official-duty performer.

Chapter V

RESPONSIBILITY AND COORDINATION IN CARRYING OUT STATE COMPENSATION ACTIVITIES

Article 32.Determination of compensation-settling agencies specified at Points a and b, Clause 1, Article 40 of the Law

1. The Ministry of Justice shall act as the coordinating agency assisting the Government in determining the compensation-settling agencies in the following cases:

a/ There exists disagreement on the compensation-settling agency in case the damage is jointly caused by various official-duty performers of different central agencies or by various official-duty performers of central and local agencies or by various official-duty performers of different local agencies of different provinces or centrally run cities;

b/ The central state agencies are dissolved under decisions of the National Assembly, the National Assembly Standing Committee, the Government or the Prime Minister,

2. The provincial-level Departments of Justice shall assist the provincial-level People’s Committees in determining the compensation-settling agencies in the following cases:

a/ There exists disagreement on the compensation-settling agency in case the damage is jointly caused by official-duty performers of different agencies under local management;

b/ The local state agencies are dissolved under decisions of the National Assembly, the National Assembly Standing Committee, the Government or the Prime Minister.

3. Compensation-settling agencies shall be determined as follows:

a/ The state management agency in charge of state compensation work shall organize meetings with related agencies to determine the compensation-settling agency;

b/ In case such agencies reach agreement on the compensation-settling agency, the state management agency in charge of state compensation work shall issue a document confirming the compensation-settling agency;

c/ In case such agencies cannot reach agreement on the compensation-settling agency, the state management agency in charge of state compensation work shall decide on one of the these agencies to be the compensation-settling agency and issue a document confirming the compensation-settling agency.

Article 33.Determination of compensation-settling agencies prescribed in Clause 4, Article 41 of the Law

1. In case there is only one agency directly managing the damage-causing official-duty performer(s), within 5 working days after receiving the dossier, the provincial-level Department of Justice shall send it to the compensation-settling agency for processing and settlement.

2. In case many official-duty performers of different agencies jointly cause the damage, within 5 working days after receiving the dossier, the provincial-level Department of Justice shall determine the compensation-settling agency as follows:

a/ To consult agencies related to the compensation-claiming case in order to reach agreement on the compensation-settling agency;

b/ Upon determination of the compensation-settling agency, to send the dossier to that agency for processing and settlement.

3. In case of determination of compensation-settling agencies under Point a or b, Clause 1, Article 40 of the Law, the provincial-level Department of Justice shall immediately send the dossier to the competent state management agency in charge of state compensation work for determining the compensation-settling agency.

Article 34.Inspection and examination of state compensation activities

1. The Ministry of Justice shall assist the Government in assuming the prime responsibility for, and coordinating with related agencies in, inspecting and examining state compensation work in administrative management, legal proceedings and judgment execution activities nationwide.

2. The provincial-level Departments of Justice shall assist their provincial-level People’s Committees in inspecting and examining state compensation work in administrative management, legal proceedings and judgment execution activities in their localities.

3. Coordination in the inspection and examination of state compensation work prescribed in Clauses 1 and 2 of this Article shall be effected as follows:

a/ The Ministry of Justice and provincial-level Departments of Justice shall consult related agencies on plans on inspection and examination of state compensation work, before issuing and implementing these plans;

b/ The organization of inspections and examinations must comply with the law on inspection and relevant laws.

4. Extraordinary inspections and examinations shall be conducted upon the appearance of grounds therefor as prescribed by the law on inspection and relevant laws.

Article 35.Statistical reports on state compensation activities as prescribed in Articles 73, 74 and 75 of the Law

1. Statistical reports

a/ Annually, the Ministry of Justice shall assist the Government in proposing the Supreme People’s Court and the Supreme People’s Procuracy, and requesting ministries, ministerial-level agencies, government-attached agencies as well as provincial-level People’s Committees to make statistics on the implementation of state compensation activities within the scope of their management for the Ministry of Justice to make sum-up reports to the Government;

b/ Statistical data on annual state compensation activities shall be collected from January 1 to December 31 of the reporting year.

2. In case at the request of the National Assembly or the National Assembly Standing Committee, the Ministry of Justice shall assist the Government in proposing the Supreme People’s Court and the Supreme People’s Procuracy and requesting the ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees to make statistics on the implementation of state compensation activities within the scope of their respective management for the Ministry of Justice to sum up and submit them to the Government for reporting to the National Assembly or the National Assembly Standing Committee.

Statistics on state compensation activities shall be made at the request of the National Assembly or the National Assembly Standing Committee.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 36.Effect

1. This Decree takes effect on July 1, 2018.

2. The Government’s Decree No. 16/2010/ND-CP of March 3, 2010, detailing and guiding a number of articles of the Law on State Compensation Liability, ceases to be effective on the date this Decree takes effect.

Article 37.Implementation responsibility

1. The Ministry of Justice shall:

a/ Organize the implementation of this Decree;

b/ Prescribe measures for performance of the state management of state compensation activities.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairpersons of provincial-level People’s Committees shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC