Heilongjiang Province National Compensation Measures

Original Language Title: 黑龙江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/201305/20130500387141.shtml

Heilongjiang province national compensation measures (February 22, 2013 Heilongjiang Province Government makes 2nd times Executive Conference considered through February 24, 2013 Heilongjiang Province Government makes 1th, announced since April 1, 2013 up purposes) first article to strengthening national compensation costs of management, guarantees citizens, and corporate and other organization enjoys law made national compensation of right, promote State law exercise terms, according to People's Republic of China national compensation method (following referred to national compensation method) and national compensation costs Management Ordinance

    , Combined with the facts of the province, these measures are formulated.

    Second State compensation by the people's Governments at all levels in accordance with the financial management system of grading burden. Governments at all levels should be based on the actual situation, arrange a certain amount of State compensation, category of the annual budget.

    When State compensation to be paid more than the annual financial budget of the same level should promptly allocate funds in accordance with regulations.

    Article III unified management of the financial Department of the State compensation by the people's Governments at all levels.

    The management of State compensation should be subject to supervision according to law.

    Article fourth claimant applying for payment of State compensation, should apply to the organs under compensatory obligations, and submit applications relating to entry into force of the judgement, the reconsideration decision, compensation decision or mediation, as well as the claimant's identity.

    Fifth national compensation calculated in accordance with the State compensation law and other related regulations.

    Sixth organ under compensatory obligations shall be accepted in accordance with the relevant provisions compensation paid State compensation application.

    Seventh organ under compensatory obligations shall receive compensation payments from the date of application in the 7th, in accordance with the budget administrative permissions to the relevant financial departments pay the State compensation application in writing, and submit the following materials:

    (A) the claimant requested payment applications for State compensation;

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

    (C) the identity and contact details of the claimant.

    The financial sector require other materials, organ under compensatory obligations or make compensation decisions should be provided.

    Eighth financial sector receive organs under compensatory obligations to pay the State compensation application, should be dealt with separately according to the following conditions:

    (A) application for State compensation in accordance with the budget of administrative rights do not belong to the financial sector pay, shall return the application materials within three working days, and notify the organ under compensatory obligations applying to the financial sector with administrative privileges, written notice shall be sealed by the financial Department and dated;

    (B) application materials comply with the requirements of the received applications shall be accepted and certificate with the Special seal of the financial sector and indicate the date of receipt of the notification of accepting an application for State compensation payments; (C) the materials do not meet the requirements of the application, shall, within three working days to inform all organs under compensatory obligations need to supplement materials.

    The organ under compensatory obligations shall, within five working days, in accordance with the requirements to submit all the correct materials, the financial sector received correction is accepted.

    Nineth fiscal departments shall, from the date of acceptance of the application in the 15th, pay in accordance with the relevant provisions of the budget and Treasury management the national compensation.

    Financial sector pay State Compensation Fund inform in writing within three working days from the date of the organ for compensatory obligations, compensation claimant.

    Tenth after the acceptance of the application of the financial sector, shall the compensation review, computing standards, the scope of the project. Financial sector found that compensation projects, standard, range of breaches of the provisions of the law on State compensation, shall pay compensation for damages prior to a decision of the State organs to submit written observations and recommendations dealt with according to law, to hold the officer accountable.

    Handling compensation decisions of the authority shall notify the Finance Department.

    11th organ under compensatory obligations shall, in accordance with the State compensation law section 16th, 31st of the rules, ordering the staff, was entrusted with the organization or individual with or recover part or all of the damages to the staff concerned.

    The organ under compensatory obligations in accordance with the provisions of the preceding paragraph after the decision, it shall, within three working days notify the Finance Department. 12th national compensation paid exceeds or is lower than the compensation provided for in the law on State compensation projects, computing standards, scope, compensation decisions by the authorities exceeds or is lower than the part shall be recovered, to make up.

    However, the organ under compensatory obligations or make compensation decisions and the claimant of compensation in the State compensation law provides project, calculations within the standard, except by consensus.

    13th compensation decisions to the financial sector should urge the authority to recover, the retroactive duties, push the organ under compensatory obligations, in accordance with the State compensation law 16th, 31st of the rules, ordering the staff, was entrusted with the organization or individual with or recover part or all of the damages to the staff concerned.

    Compensation decisions of the 14th national compensation bodies recovered and about staff, authorized organizations or individuals turned to the organ for compensatory obligations of State compensation, the organ under compensatory obligations shall receive State compensation within five working days of the date, turned over to the financial sector.

    15th the organ under compensatory obligations, financial departments and their staff, one of the following acts, in accordance with the regulations on penalties and other fiscal violations shall be dealt with and punished constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) making, under false pretenses and other means of obtaining State compensation;

    (B) violations of the provisions of the law on State compensation ranges and standard implementation of national compensation for financial losses;

    (C) does not pay State compensation in accordance with law;

    (D) the interception, detention, diversion, misappropriation of State compensation;

    (V) not in accordance with provisions of ordering the staff, was entrusted with the organization or individual State compensation or recourse against the State compensation to the staff concerned;

    (Vi) not in accordance with the provisions shall bear or be recovered, the recovery of the State compensation expenses paid in a timely manner the financial.

    Compensation decided not to pay the State compensation fund exceeds or is lower than the part shall be recovered, to make up, by the relevant authorities according to law.

    The first fifth and not the excess part payment of State compensation shall be recovered, can launch the chargeback mechanism of the financial sector. 16th article of the rules take effect on April 1, 2013. January 3, 1997, Heilongjiang province people's Government issued the regulations on the State compensation fund management in Heilongjiang province abolished at the same time.