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Hunan Province, National Compensation Measures

Original Language Title: 湖南省国家赔偿费用管理办法

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National cost management approach in Southern Province

(Adopted at the 11th ordinary meeting of the Government of the Southern Province, on 27 August 2013, No. 266 of the Order of the Government of the Great Lakes Region, dated 17 September 2013, to be published as from 1 December 2013)

Article 1, in order to strengthen national compensation costs management, guarantees the right of compensation claimants to obtain national compensation in accordance with the National Compensation Act of the People's Republic of China, the National Cost Management Regulations of the Department of State, to develop this approach in the light of the actual circumstances of the province.

Article 2

Article 3 State compensation costs, in accordance with the financial management system, are subject to the same financial burden of the compensatory authority.

The annual financial budget of the Government of the people at the district level should provide for certain amounts of national compensation and ensure timely payment.

Article IV State compensation costs are administered by the financial sector of the Government of the more than the population at the district level and are governed by the law.

Article 5 Compensation claimants shall apply for payment of national compensation costs and shall submit written requests to the Compensation Obligations Authority. The submission of written requests was difficult and could be made orally, and the compensation request was confirmed by the compensatory authority if it was actually recorded.

The applicant shall apply for the payment of the national compensation cost and shall submit the following material:

(i) The judgement of entry into force, the review of the decision, the letter of compensation or the letter of mediation;

(ii) The identity of the claimant and bank accounts.

The claim submitted by the Compensation Requestor is authentic, effective and complete, and the compensation obligation authority receives the application and informs the applicant in writing. The application is incomplete and the indemnity duty authority should be informed, at the time or within three working days, of the full material that the claimant needs to be filled.

Article 6. The Compensation obligation organ shall, within 7 days of the date of receipt of the request for compensation, submit a written payment request to the same financial sector in accordance with the terms of budgetary management and submit a request for compensation requests for payment of national compensation and the material provided in article 5, paragraph 2, of this scheme.

The application is consistent with the requirements, and the financial sector receives the application for admissibility and informs the reparation obligation organ in writing. The applicant's material is not in accordance with the requirements and the financial sector should inform the reparation obligation authority within three working days of the full material that is needed.

Article 7. The financial sector shall, within 15 days of the date of receipt of the application, pay the national compensation costs directly to the Compensation Requester, in accordance with the relevant provisions of the management of the State Budget and Finance.

The financial sector has been informed, within three working days of the date of the payment of the State's compensation expenses, of compensation requests.

Article 8. The financial sector shall review the compensation project and the calculation criteria within 10 days of the date of the payment of national compensation. It was found that compensation projects, the calculation criteria were contrary to the provisions of the National Compensation Act and should be submitted to the organ making the award of compensation or to its superior authorities to deal with the law.

Article 9. The Compensation obligation organ shall, within 10 days of the date of payment by the financial sector of the State's compensation expenses, be responsible for the costs of compensation of the staff concerned, the authorized organization or the individual concerned, or for the payment of remittance to all States, in accordance with article 16 of the National Compensation Act.

The cost of compensation for a single staff member or the individual entrusted or recovered shall not exceed the average annual wage of a non-private unit in the last year of the Lake Southern Province.

Article 10. The financial sector shall urge the Compensation Obligations Authority to impose liability on the staff concerned, the authorized organization or individuals or to seek compensation for the State in accordance with article 9 of this scheme.

Article 11. The decision of the Compensation Obligation Authority to impose a liability or recover the compensation expenses of the State shall be communicated in writing to the same financial sector within three working days.

For staff, commissioned organizations or individuals, a lump-sum payment should cover or recover the compensation costs of the State, in accordance with the payment of financial income. A one-time payment is difficult and, with the approval of the Compensation Obligations, can be made within one year.

Article 12 Reparation obligations, the financial sector and its staff are in violation of the provisions of the present approach, in accordance with the provisions of the laws and regulations such as the Financial Offences Punishment Regulations of the Department of State.

Article 13 The implementation of the National Compensation Management Scheme in the Southern Province of Lakes, issued on 11 July 1997, was also repealed.