Hunan Province, National Compensation Measures

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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399532.shtml

Hunan province, national compensation measures

    (August 27, 2013, Hunan provincial people's Government, the 11th Executive meeting by Hunan provincial government order No. 266, released September 17, 2013 December 1, 2013) first in order to strengthen the management of State compensation, guarantee the right of the claimant to obtain the State compensation, in accordance with the People's Republic of China on State compensation law, the State Council of the State compensation fund regulations, combined with the facts of the province, these measures are formulated.

    Second State compensation in the administrative area of the province's budget, pay, take or recovery issues and procedures apply.

Third State compensation in accordance with the financial management system, the financial burden of the organ for compensatory obligations.

    Annual budget of the people's Governments above the county level shall arrange for a certain amount of State compensation, ensuring timely and in full.

    Fourth national compensation cost centrally managed by the financial Department of the people's Governments above the county level, and subject to supervision according to law. Article fifth claimant to apply for payment of State compensation, shall apply in writing to the organ for compensatory obligations.

There is difficulty in a written application, orally, by the organs under compensatory obligations faithfully record, the claimant signed.

Claimant applied for payment of State compensation, shall submit the following materials:

(A) the entry into force of the judgement, the written decision of the reconsideration decision, compensation, or mediation;

(B) the claimant's identity and bank account. Application materials submitted by the claimant, authentic, effective and complete, the organ under compensatory obligations receives the application is accepted, and notify the claimant.

    Application materials are complete, the organ under compensatory obligations shall immediately or within 3 working days to inform the claimant needs correction of all materials.

Sixth organ under compensatory obligations shall receive compensation payments from the date of application in the 7th, permissions for writing to the financial sector in accordance with the budget management application, and submitted the claimant requested payment of State compensation application and materials under the second paragraph of this article fifth. Application materials comply with the requirements, the financial sector received applications shall be accepted, and notify the organ for compensatory obligations.

    Application does not meet the requirements of the financial departments shall, within 3 working days once inform all organs under compensatory obligations need to supplement materials.

Article seventh financial departments shall, from the date of acceptance of the application in the 15th, in accordance with the relevant provisions of the budget and Treasury management, State compensation fee paid directly to the claimant.

    Financial sector from the date of payment of State compensation within 3 working days to inform the organ under compensatory obligations, compensation claimant. Article eighth financial departments shall, from the date of payment of State compensation in the 10th, and standards review project and the calculation of compensation.

    Find compensation projects, standard violated provisions of the State compensation law, shall be submitted to the compensation decided by authorities or by a superior authority according to law.

Nineth organ under compensatory obligations shall be from the date of financial sector pay State compensation in the 10th, 16th and 31st in accordance with the State compensation law stipulates that ordering the staff, was entrusted with the organization or individual with or recover 15% to all of the damages to the staff concerned.

    Individual staff members concerned or the entrusted personal commitment or is recovery of State compensation fee shall not exceed last year's town, Hunan province, non-private sector annual average wage of fully employed staff.

    Article tenth financial departments should urge the organs under compensatory obligations according to these measures provisions of Nineth, ordering the staff, was entrusted with the organization or individual with or recover the State of the damages to the staff concerned.

11th organ under compensatory obligations pursuant to the present article Nineth ordered to take recourse or State compensation decisions, shall, within 3 working days written notice to the financial sector. For staff, authorized organizations or individuals shall be in accordance with the provisions of the revenue collection, a one-time State compensation fee paid shall bear or be recovered.

    Once turned over is really difficult, and approved by the organs under compensatory obligations can be paid in stages within a year.

    12th the organ under compensatory obligations, the financial sector and its staff in violation of the rules, according to the financial regulations and other laws and regulations on penalties for offences shall be dealt with. 13th these measures shall come into force on December 1, 2013. Hunan province, released on July 11, 1997, the regulations on the administrative measures for the implementation of the national compensation (Hunan provincial people's Government of 80th) repealed simultaneously.