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Qinghai Province, National Compensation Measures

Original Language Title: 青海省国家赔偿费用管理办法

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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 by State organs of their competence 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 conjunction with this province.

Article 2, paragraph 2, refers to the State's compensation costs, which are to be compensated by the law.

Article 3. National compensation costs are included in the annual financial budget of all levels of the people's Government, which is governed by law by the Government of all levels, in accordance with the financial management system. The communes (communes) who have not established the budget have been included in the annual financial budget by the Government of the county.

When national compensation costs are required to be paid more than the financial budget arrangements for the current year, funds should be supplemented in accordance with the provisions of the timely arrangement.

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

Article 5 The Compensation Obligations shall be subject to the application of the Compensation Requester for payment of national compensation expenses by law.

The applicant's objection to the inadmissible decision of the Compensation Obligation may apply for review in accordance with the law to the superior body of the Compensation Obligation.

Article 6. The Compensation Obligations shall, within 7 days of the date of receipt of the request for compensation, submit a written payment request to the relevant financial sector 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 applicant and the means of communication;

(iv) Other material to be provided by law.

Article 7. The financial sector shall be treated in accordance with the following circumstances, following a request from the Compensation Obligation Body for payment of national 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 to the requesting material and, in writing, to the Compensation Obligation Authority to apply to the financial sector with the authority to be administered;

(ii) The receipt of the request for material in compliance with the request and the receipt of the letter of the Approval of the Approval of the Claims for Compensation of the State, which is reproduced in the chapter of the Géguébé sector, and the date of receipt;

(iii) The application of material that is not in accordance with the requirements should be communicated in writing within three working days to the Compensation Obligations Authority to need to supplement all the material being made. 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 8. The financial sector shall, after receiving the application for compensation by the State, pay the compensation requester for the expenses of the State, within 15 days of the date of receipt of the application, the compensation request shall be paid to the indemnity in accordance with the relevant provisions of the treasury of the State.

Article 9. The financial sector shall, in accordance with the law, pay the compensation requester for compensation for the expenses of the State and shall notify the indemnity authority, the compensation requester within three working days of the date of the payment of the national compensation cost.

The compensation requester shall receive a receipt or other voucher upon receipt of the national compensation cost.

When the financial sector receives a claim for compensation from the State, it is found that the compensation project, the calculation of the criteria violates the provisions of the National Compensation Act, shall be transferred to the organ making the award of compensation or to its superior organs to be held accountable for the persons concerned.

Article 11. Reparation obligations shall be subject to the law to the expenses incurred by the staff concerned, the authorized organization or the individual or to the relevant staff member for the payment or compensation of the whole State.

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

The compensation obligation shall be paid at the same level in full in accordance with the financial revenue collection requirements.

Article 12 The Regulation on National Compensation Cost Management of the Blue Sea, adopted at the 18th ordinary meeting of the Government of the province on 29 December 1995, was also repealed.