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Heilongjiang Province National Compensation Measures

Original Language Title: 黑龙江省国家赔偿费用管理办法

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National compensation management approach in the Blackon Province

(Summit 2nd ordinary meeting of the People's Government Order of the Blackon, 22 February 2013 to consider the adoption of the Order No. 1 of the Government of the Blackron Province, No. 1 of 24 February 2013.

Article 1 guarantees the right of citizens, legal persons and other organizations to obtain national compensation in accordance with the law, and promotes the exercise of the State authority under the National Compensation Act of the People's Republic of China (hereinafter referred to as the National Compensation Act) and the National Compensation Cost Management Regulations to develop this approach in the light of the actual circumstances of the province.

Article 2 State compensation costs are borne by all levels of government in accordance with the financial management system.

Governments at all levels should arrange for a certain amount of national compensation costs, based on actual circumstances, to be included in the current annual financial budget. When national compensation payments are required for more than the annual financial budget arrangement, funds should be arranged in a timely manner in accordance with the provisions.

Article 3 State compensation costs are governed by the financial sector of the people at all levels.

The management of State compensation costs should be governed by law.

Article IV. The applicant shall apply for the payment of State compensation expenses and shall submit a claim to the indemnity authority and to the award relating to the application for entry into force, the review of the decision, the letter of compensation, or the letter of conciliation and the identification of the applicant.

The calculation criteria for national compensation costs are implemented in accordance with the relevant provisions of the National Compensation Act.

Article 6. The Compensation Obligations shall be subject to the application of the compensation requester to pay the expenses of the State.

Article 7. The Compensation Obligations shall, within seven days of the date of receipt of the request for compensation, submit a written application to the relevant financial sector for the payment of State compensation, in accordance with the terms of budgetary management, and submit the following material:

(i) The application of the Compensation Requester for payment of national compensation costs;

(ii) The judgement of entry into force, the review of decisions, the award of compensation or the letter of mediation;

(iii) The identity of the claimant and the means of communication.

Other material to be required in the financial sector should be made available to the indemnity authority or other organs that make reparation decisions.

Article 8. The financial sector shall be treated in accordance with the following circumstances, following a request from the Compensation Obligation Body to pay for the State's compensation costs:

(i) The application for national compensation costs, which are not covered by this financial sector in accordance with the terms of budgetary management, shall be returned within three working days and, in writing, shall be communicated to the Compensation Obligation Authority to apply to the financial sector with the authority to which the written notice shall be added to the copies of the present financial sector and the dates specified;

(ii) The receipt of the request for material in compliance with the request, which is to be admissible, and the letter of the Approval of the Request for Reparation of National Compensation, which includes a special seal of the central financial sector, indicating the date of receipt;

(iii) The application of material is not in accordance with the requirements and should be communicated within three working days to the reparation obligation authority to fill all the material that is being done. The Compensation Obligations shall be submitted to all additional material within five working days as required, and the financial sector shall receive supplementary material.

Article 9. The financial sector shall, within 15 days of the date of receipt of the application, pay national compensation costs in accordance with the relevant provisions of the management of the State Budget and Finance.

The financial sector has writtenly informed the Compensation Obligations Authority and the Compensation Requester within three working days from the date of payment of the national compensation cost.

Article 10. The financial sector shall carry out a review of the compensation project, the criteria for calculation and scope, in accordance with the law.

The financial sector has found reparation projects, calculation criteria and scope in violation of the provisions of the National Compensation Act, which shall provide written advice to the organs that have made reparation decisions prior to the payment of national compensation costs, and recommends that the responsibility of the persons concerned be treated in accordance with the law. The organs that make reparation decisions should inform the financial sector in writing of the proceedings.

Article 11 Reparation Obligations shall be responsible for the payment of compensation to the staff concerned, the organization entrusted or the individual in accordance with article 16 and article 31 of the National Compensation Act.

After taking a decision in accordance with the preceding paragraph, the Compensation Obligation shall notify the financial sector in writing within three working days.

Article 12. The payment of national compensation costs exceeds or is lower than the compensation project under the National Compensation Act, the calculation of criteria, the scope of which is paid by the organ making the award of reparations, which exceeds or is partially offset. However, the compensation obligation organ or other organ making the award of compensation and the indemnity requester are the exception of the compensation project set out in the National Compensation Act, the calculation of criteria and the extent of consensus.

Article 13. The financial sector should urge the organs that have made reparation decisions to perform their duties of recovery and rendition; the obligation to promote compensation shall be responsible for the expenses incurred by the staff concerned, the authorized organization or the individual in accordance with article 16 of the National Compensation Act or article 31 thereof.

Article 14. The State compensation costs incurred by the organ making a decision on reparation shall be borne by the principal financial sector within five working days from the date of receipt of the national compensation fee.

Article 15. The Compensation Obligations Authority, the financial sector and its staff have one of the following acts, which are dealt with and disposed of in accordance with the provisions of the Regulations on the Punishment of the Punishment of the Financial Offences; and which constitutes an offence and are held criminally under the law:

(i) Contrary to national compensation costs by means of retreating, instigating, etc.;

(ii) In violation of the scope and criteria set out in the National Compensation Act for the application of national compensation resulting in financial losses;

(iii) The payment of national compensation costs by law;

(iv) Secrete, residual, misappropriation and appropriation of national compensation costs;

(v) The costs of compensation for the State are not incurred in accordance with the provision of a provision for the liability of the staff concerned, the authorized organization or individuals;

(vi) The cost of compensation for the State that has not been paid in a timely manner in accordance with the provisions.

The organs that make reparation decisions are not charged with the payment of national compensation costs that go beyond or are less partially recovered, and are treated in accordance with the law.

The financial sector may initiate the deduction mechanism, with the exception of the fifth and non-payment of State compensation costs.

Article 16 is implemented effective 1 April 2013. The Regulation on National Compensation Cost Management of the Blackon Province, issued on 3 January 1997 by the Government of the people of the Blackonang Province, was also repealed.