MINISTRY OF JUSTICE | SOCIALIST REPUBLIC OF VIETNAM |
No. 09/2019/TT-BTP | Hanoi, December 10, 2019 |
CIRCULAR
REGULATING MEASURES TO SUPPORT AND PROVIDE INSTRUCTIONS FOR PERSONS SUFFERING LOSS OR DAMAGE TO FILE CLAIMS FOR STATE COMPENSATION
Pursuant to the 2017 Law on State Compensation Liability;
Pursuant to the Government’s Decree No. 68/2018/ND-CP dated May 15, 2018, elaborating on several articles and implementation of the Law on State Compensation Liability;
Pursuant to the Government's Decree No. 96/2017/ND-CP dated August 16, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Justice;
Upon the request of the Director of the Department of State Compensation;
The Minister of Justice hereby promulgates the Circular regulating measures to support and provide instructions for persons suffering loss or damage to file claims for state compensation.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Circular regulates inclusions in, responsibilities for, and forms of, support and instructions provided for persons suffering loss or damage to make claims for state compensation.
Article 2. Subjects of application
1. State regulatory authorities over compensation;
2. Authorities cooperating in state management of state compensation;
3. Persons suffering loss or damage; successors to persons suffering loss or damage in case the latter are deceased; entities inheriting rights and obligations of entities suffering loss or damage which no longer exist; legal representatives of persons suffering loss or damage that fall into situations that require legal representatives as provided in the Civil Code;
4. Natural or legal persons that are authorized by those persons referred to in clause 3 of this Article to request support and instructions;
5. Other regulatory authorities, entities or persons related to tasks in providing support and instructions for persons suffering loss or damage to file their claims for state compensation.
Article 3. Principles of provision of support or instruction for, and measures to improve effectiveness in supporting and instructing, persons suffering loss or damage to make claims for state compensation
1. Provision of support and instructions for persons suffering loss or damage for submission of claims for state compensation must adhere to the following principles:
a) Comply with laws on state compensation liability and other related legislation;
b) Provide support and instructions in a timely, accurate, authentic and impartial manner;
c) Protect legitimate rights and interests of persons suffering loss or damage.
2. Measures to improve effectiveness in supporting and instructing, persons suffering loss or damage to make claims for state compensation shall include:
a) Ensure adequate personnel and funding for support and instructions provided for persons suffering loss or damage to file claims for state compensation;
b) Propagate, disseminate, and educate entities and persons on legal knowledge about their claims to compensation; their access to support or instructions for filing of claims for state compensation;
c) Offer professional and capacity development training opportunities to personnel tasked with providing support and instructions for persons suffering loss or damage for submission of claims for state compensation;
d) Ensure close cooperation between authorities having competence in providing support and instructions and other entities involved in performing administrative management, procedural and law enforcement process in order to succeed in providing support and instructions for persons suffering loss or damage for submission of their claims for state compensation;
dd) Carry out annual and unscheduled inspections and assessments of fulfillment of duties to provide support and instructions for persons suffering loss or damage for submission of their claims for state compensation at local levels.
Chapter II
INCLUSIONS IN AND RESPONSIBILITIES FOR SUPPORT AND INSTRUCTIONS PROVIDED FOR PERSONS SUFFERING LOSS OR DAMAGE FOR SUBMISSION OF THEIR CLAIMS FOR STATE COMPENSATION
Article 4. Inclusions in and responsibilities for support and instructions provided for persons suffering loss or damage for submission of their claims for state compensation
Support and instructions provided for persons suffering loss or damage for submission of their claims for state compensation shall comprise the following matters:
1. Instructions about regulations laid down in Article 6 herein;
2. Beneficiaries of compensations;
3. Time limits for claiming compensation;
4. Bases for determination of state compensation liabilities;
5. Scope of state compensation liability;
6. Loss or damage for which compensation is claimed;
7. Documents submitted to claim for compensation;
8. Advance payment of compensations;
9. Other matters included in compensation claiming procedures.
Article 5. Responsibilities for support and instructions provided for persons suffering loss or damage for submission of their claims for state compensation
Ministry of Justice shall support persons sustaining loss or damage in completing procedures for claiming state compensation in accordance with Article 4 herein as follows:
1. Instruct persons suffering loss or damage to meet regulatory requirements for claiming state compensation in cases where there already exist documents used as a basis to claim compensation as provided in Article 6 herein;
2. Provide information about state compensation liabilities to persons and entities requesting support for cases involving them; inform persons suffering loss or damage, upon their request, about settlement of compensation claims in relation to their cases; send written opinions to competent authorities to ensure that settlement of compensation claims conform to laws on state compensation liability at the request of persons suffering loss or damage in relation to their cases.
The Department of State Compensation shall assist the Ministry of Justice in performing duties prescribed in this Article.
Article 6. Inclusions in instructions provided for persons suffering loss or damage for submission of their claims for state compensation
Persons suffering loss or damage that are involved in cases where documents serving as a basis to make compensation claims shall have access to instructions about completion of procedures for claiming state compensation. Instructions must contain the followings:
1. Rights and obligations of persons sustaining loss or damage;
2. Responsibilities of authorities settling compensation claims;
3. Processes and procedures for settlement of compensation claims at entities directly managing law enforcement officers causing loss or damage;
4. Reinstatement of reputation;
5. Payment of compensation.
Article 7. Responsibilities to provide instructions for persons suffering loss or damage for submission of their claims for state compensation
1. Ministry of Justice shall guide persons sustaining loss or damage through procedures for claiming state compensation in accordance with Article 6 herein in the following cases:
a) Cases in which persons suffering loss or damage already receive instructions from provincial-level People’s Committees, but wish to have access to the Ministry of Justice's instructions;
b) Compensation claims that are settled by central-controlled entities directly managing law enforcement officers causing loss or damage whose main offices are located within Hanoi capital.
The Department of State Compensation shall assist the Ministry of Justice in performing duties prescribed in this clause.
2. Provincial-level People’s Committees shall guide persons suffering loss or damage through procedures for filing claims for state compensation under the provisions of Article 6 herein within their jurisdiction.
Departments of Justice shall assist provincial-level People’s Committees in performing duties specified in this clause.
Article 8. Responsibilities to cooperate in providing support or instructions for persons suffering loss or damage for completion of procedures for their claims for state compensation
1. In order to ensure consistency in support and instructions, entities having competence in providing support or instructions shall supervise or cooperate with other related entities in implementation of regulations laid down in clause 2 of 3 of this Article.
2. The Ministry of Justice shall be in charge of or cooperate with other related entities in offering support to persons suffering loss or damage for submission of their claims for state compensation in the following manners:
a) Collaborate with the Supreme People’s Court, the Supreme People’s Procuracy and other relevant Ministries in supporting persons suffering loss or damage in completing procedures for making claims for state compensations arising from the process of administrative management and enforcement of civil judgements;
b) Collaborate with the Supreme People’s Court, the Supreme People’s Procuracy and other relevant Ministries in supporting persons suffering loss or damage in completing procedures for making claims for state compensations arising from the process of administrative management and enforcement of judgements in criminal cases;
c) Collaborate with the Supreme People’s Court, the Supreme People’s Procuracy, the Ministry of Public Security, the Ministry of National Defense, the Ministry of Finance and the Ministry of Agriculture and Rural Development in supporting persons suffering loss or damage in completing procedures for making claims for state compensations arising from legal proceedings;
d) The Ministry of Justice recommends the Supreme People’s Court or the Supreme People’s Procuracy to direct People’s Courts or the People’s Procuracies at all levels to cooperate with provincial-level People’s Committees in guiding persons suffering loss or damage through procedures for filing of claims for state compensation within their jurisdiction.
3. Departments of Justice shall be in charge of or cooperate with other related entities in guiding persons suffering loss or damage through procedures for filing of claims for state compensation in the following manners:
a) Cooperate with other related Departments, sectors, industries or civil enforcement entities in guiding persons suffering loss or damage through procedures for filing of claims for state compensation arising from administrative management and enforcement of judgements in civil cases;
b) Collaborate with provincial-level People’s Courts, Supreme People’s Procuracies and Public Security authorities in guiding persons suffering loss or damage through procedures for making claims for state compensations arising from legal proceedings and enforcement of judgements in criminal cases.
Chapter III
FORMS OF SUPPORT AND INSTRUCTION PROVIDED FOR PERSONS SUFFERING LOSS OR DAMAGE FOR FILING OF CLAIMS FOR STATE COMPENSATION
Article 9. Bases for and forms of support and instruction provided for persons suffering loss or damage for filing of claims for state compensation
1. Supporting and instructing persons suffering loss or damage to make claims for state compensation shall be based on written requests for support or instructions made by these persons.
If persons suffering loss or damage meet authorities authorized to provide support or instructions in person, front desk clerks shall be responsible for instructing persons suffering loss or damage how to prepare written requests for support or instructions, or noting down details about these written requests for support or instructions, and asking persons suffering loss or damage that submitting such requests to append their names or fingerprints to submitted documents.
2. Support or instructions may be provided in the following forms:
a) Support or instructions given in documentary form;
b) Support or instructions provided directly or in person for persons suffering loss or damage.
Article 10. Reception of written requests for support and instruction provided for persons suffering loss or damage for filing of claims for state compensation
1. Immediately after receipt of written requests for support or instructions, and other materials or documents related to claims for compensation (if any), authorities having jurisdiction to provide support or instructions must register and process such requests.
2. Within 1 working day of registration and processing of these requests, Heads of authorities having jurisdiction to provide support or instructions shall assign persons providing support or instructions.
Article 11. Rejection or termination of support and instruction provided for persons suffering loss or damage for filing of claims for state compensation
1. Requests for support or instructions shall be rejected in the following cases:
a) Request for support or instructions is not falling within the scope of state compensation liability;
b) Request for support or instructions is not related to the claim for compensation made by the person suffering loss or damage;
c) The case in which a request for instructions is made is not based on any document serving as a basis for such compensation request;
d) The person suffering loss or damage files the case including a request for support or instructions which has already been met by a competent authority, and continue to request that authority’s support or instructions even though there is none of new cues for such case;
dd) The case enclosing a request for support or instructions is not falling within the scope of duties assigned to the entity having jurisdiction to provide support or instructions according to Article 5 and 7 herein;
e) The compensation claim is subject to suspension as provided in Article 51 in the Law on State Compensation Liability;
g) The person requesting support or instructions is not the subject of regulations laid down in clause 3 and 4 of Article 2 herein.
2. Support or instructions may be terminated in the following cases:
a) The person suffering loss or damage withdraws the request for support or instructions;
b) The person suffering loss or damage dies intestate;
c) The person suffering loss or damage does not provide any material or paper related to the compensation claim when he/she is requested to do so;
d) During the period of provision of support or instructions, the compensation claim is suspended in accordance with Article 51 in the Law on State Compensation Liability.
3. In case of rejection or termination of support or instructions provided for persons suffering loss or damage for their submission of compensation claims, within duration of 02 working days from the date on which one of the cases specified in clause 1 of 2 of this Article arises, the authority having jurisdiction to provide support or instruction must inform them in writing of such rejection or termination of support or instructions, clearly stating reasons.
In the case of rejection of support or instructions which is stated in point dd of clause 1 of this Article, the written notice of rejection must contain instructions in which the person suffering loss or damage is instructed to contact a competent authority to get his/her issue addressed.
Article 12. Steps in supporting and instructing persons suffering loss or damage to complete procedures for making claims for state compensation
Within 05 working days from the date on which he/she is assigned, the person in charge of providing support or instructions must support and instruct the person suffering loss or damage to complete procedures for making claims for state compensation by taking the following steps:
1. Make a case report;
2. Sort cases in which state compensation liability arises;
3. Consider proposing possible actions to deal with requests for support or instructions as follows:
a) If the request for support or instructions falls within his/her remit, or is filed by the person referred to in clause 3 or 4 of Article 2 herein, the assigned person must report to the Head of the authority having jurisdiction to provide support or instructions to request issuance of a written decision within his/her remit, or may directly provide support or instructions for the person suffering loss or damage in accordance with Article 14 herein;
b) If it is necessary to ensure consistency in details of support or instructions between the assigned person’s authority and the authority cooperating in providing support or instructions referred to in Article 8 herein, the assigned person may request the Head of the authority having jurisdiction to provide support or instructions to take joint action as provided in Article 13 herein;
c) In cases where there is any difficulty or problem in the request for support that arises during the period of submission or processing of compensation claim, the assigned person may report to the Head of the authority having jurisdiction to provide support or instructions to request the authority in charge of processing compensation claim to give information in writing about the processing status, or expedite processing of compensation claim within his/her jurisdiction, or petition the authority having appropriate jurisdiction to push the authority in charge of processing compensation claim to settle such claim in accordance with laws;
d) In cases where there are sufficient grounds for rejecting or terminating a request for support or instructions as stipulated in clause 1 and 2 of Article 11 herein, he/she may report to the Head of the authority having jurisdiction to provide support or instructions to issue a written notification of rejection or termination of such support or instructions.
Article 13. Cooperation in providing support or instructions for persons suffering loss or damage for completion of procedures for their claims for state compensation
1. Cooperation shall be effected through written opinions or intersectoral meetings that agree on details of support or instructions before commencement.
2. In case of cooperation effected through exchange of written opinions, the authority requesting cooperation must give the written summary of the compensation claim case, including clear explanations about issues for which support or instructions can be given, time limit for submission of its opinions or remarks on the case, and must send documents or materials related to the case to the authority requested to cooperate. The authority requested to cooperate shall be responsible for giving its responses according to the request of the authority requesting cooperation.
3. In case of cooperation effected through an intersectoral meeting, the meeting organizer must prepare meeting documents that are sent in advance to participating entities. Meeting documents must include summaries of cases, including clear explanations about issues for which support or instructions need to be offered, and their remarks on specific cases. The entity invited to attend a meeting shall be responsible for sending its representative meeting prescribed requirements. The representative to a meeting shall be responsible for preparing opinions and documents requested by the meeting organizer. After a meeting, the meeting organizer must prepare, release and send meeting minutes to participating entities.
4. Within 2 working days of receipt of the agreement on details of support or instructions, the relevant competent authority must issue written documents on support or instructions in demand.
Article 14. Provision of support or instructions for persons suffering loss or damage for completion of procedures for their claims for state compensation
1. Support or instructions may be directly offered to the person suffering loss or damage with respect to the following cases:
a) Cases referred to in clause 1 of Article 19 in the Government’s Decree No. 68/2018/ND-CP dated May 15, 2018, elaborating on several articles and implementation of the Law on State Compensation Liability;
b) Cases in which difficulties or problems arise during the period of submission and processing of compensation claims.
2. The person providing support or instructions may request the Head of the competent authority to supervise direct provision of support or instructions to the person suffering loss or damage in the following steps:
a) Send a team to provide support or instructions;
b) Prepare details of support or instructions and attached documents;
c) Inform the person suffering loss or damage in writing of time and location when/where support or instructions are directly provided;
d) Support or instruct the person suffering loss or damage;
dd) Prepare a report on what is given during the support or instruction process; ensure that all signatures or fingerprints of persons participating in support or instructions, persons suffering loss or damage must be collected on such report, and a copy of report must be given to each person suffering loss or damage;
e) Issue written documents on support or instructions already provided;
g) Report on support or instruction results.
3. The task in providing support or instructions directly to the person suffering loss or damage which is assigned to the Ministry of Justice shall be performed at the head office of the Ministry of Justice or the offices of Departments of Justice at localities where requests for support or instructions arise.
The tasks in providing support or instructions directly to the person suffering loss or damage which are assigned to provincial-level People’s Committees shall be performed at offices of Departments of Justice or locations where persons suffering loss or damage reside.
4. Within 2 working days after completion of support or instructions provided in a direct manner, the relevant competent authority must issue written documents on support or instructions in demand.
5. Direct provision of support or instructions to the persons suffering loss or damage must be included in annual plans for state compensation issued by the Ministry of Justice or provincial-level People’s Committees.
Article 15. Service and storage of written documents on provision of support or instructions to persons suffering loss or damage for completion of procedures for making claims for state compensation
1. Right after issuance of written documents on support or instructions, competent authorities must send these documents by emails or by post or directly to persons suffering loss or damage, and other related entities or persons (if any).
2. Written documents on support or instructions provided to persons suffering loss or damage for claims for state compensation shall be deposited as per law.
Chapter IV
IMPLEMENTATION PROVISIONS
Article 16. Entry into force
This Circular shall enter into force on January 25, 2020.
Article 17. Implementation responsibilities
1. Entities exercising state regulatory authority over state compensation, entities cooperating in state management of state compensation, other persons or entities related to provision of support or instructions to persons suffering loss or damage for state compensation claims shall be responsible for implementing this Circular.
2. The following sample documents are annexed to this Circular:
a) Sample request for support, prescribed in Article 9 herein (Form No.01);
b) Sample request for instructions, prescribed in Article 9 herein (Form No.02);
c) Register of requests for support or instructions, prescribed in Article 10 herein (Form No.03);
3. In the course of implementation hereof, if there is any difficulty or query arising, the Ministry of Justice should be informed to giving instructions./.
| MINISTER |
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