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Sichuan Province, National Compensation Measures

Original Language Title: 四川省国家赔偿费用管理办法

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National cost management approach in Sichuan Province

(Summit 14th ordinary meeting of the Government of the Sichuan Province, 24 June 2013, considered the adoption of Decree No. 271 of 13 July 2013 by the Government of the Sichuan Province, effective 1 September 2013)

Article 1 establishes this approach in line with the National Compensation Act of the People's Republic of China (hereinafter referred to as the National Compensation Act) and the State Department Regulation on National Compensation Cost Management.

Article 2 State compensation costs are borne by the Government of the people at the local level in accordance with the financial management system.

The Government of the people at the local level should, in accordance with the circumstances, arrange a certain amount of national compensation costs for inclusion in the current annual financial budget. The communes (communes) who have no financial institutions have been established, and their national compensation costs are included in the current annual financial budget by the communes. When national compensation payments are required for more than the financial budget arrangements for the current year, funds should be arranged in a timely manner, as required.

Article 3 State compensation costs are governed by the financial sector of the people at the local level. The management of State compensation costs should be governed by law.

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

Article 5 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.

Article 6. The financial sector shall be treated in accordance with the following circumstances, following receipt of requests from the Compensation Obligations Authority:

(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 application shall be in compliance with the requirements and shall be admissible and, on the date of receipt, inform the organ of the obligation to compensation;

(iii) The application of the material is not in accordance with the requirements, and a written notice of the obligation to compensation shall be required by the compensation authority within three working days from the date of receipt. The Compensation Obligations shall be submitted to the full replacement material within five working days from the date of receipt of the notice of the replenishment, and the financial sector has received all the additional material to be admissible and, on the date of receipt, to the Compensation Obligation.

The written notice shall be added to the stamps of the financial sector.

Article 7. The financial sector shall pay national compensation expenses within 15 days of the date of receipt of the application by the Compensation Obligation Authority. The financial sector has written notification of the compensation obligation authority and the compensation requester within three working days from the date of payment of the national compensation cost.

Article 8. The Compensation Obligation shall be paid by the Compensation Requester within five working days from the date of receipt of the payment of the State compensation expenses by the financial sector.

The compensation requester shall receive the receipt of a receipt by the State for compensation; the indemnity authority shall transmit the payment of the compensation request to the financial sector within three working days.

Article 9. Compensation costs are paid in the currency of the people. The price of foreign currency for damages was calculated in accordance with the award of compensation for the exchange rate of the People's currency market published by the Chinese People's Bank.

Article 10. The financial sector shall review the compensation project, the calculation criteria in accordance with the law upon receipt of the payment of the application, and it is found that, in violation of the provisions of the National Compensation Act, it shall provide written advice to the organs that make the award of reparations or their superior organs, the organs that make the award of reparations shall be reprocessing by law.

The actual payment of national compensation costs exceeds the cost of State compensation to be paid by law, which is recovered by the organ in which the award of compensation is made; the actual payment of national compensation costs is lower than the national compensation costs due under the law, and the compensation obligation authority is charged with the compensation expenses of the State in which the payment is not due.

Article 11. Within 30 days from the date on which the indemnity is paid by the indemnity authority to the indemnity requesting person, it shall, in accordance with article 16 of the National Compensation Act, article 31, order the costs of compensation to the staff concerned, the authorized organization or the individual concerned, or to the relevant staff member for the benefit of the portion or for 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.

Article 12. National compensation costs recovered by the organs that make reparation decisions shall be paid in a timely manner to the financial sector in accordance with the provisions collected in financial income.

Article 13 Reimbursement shall be determined by the responsibility of the indemnity authority for the staff concerned, the authorized organization or individuals to assume the costs of national compensation or to the relevant staff for the recovery of the State's compensation expenses, as set out below:

(i) In accordance with article 16 of the National Compensation Act, 30 per cent should be assumed until the cost of compensation for all States;

(ii) In accordance with article 31 of the National Compensation Act, 50 per cent should be recovered until all national compensation costs are incurred.

Individuals bear or receive compensation for damages shall not exceed 2 times the annual wage income of their individual when making a reparation decision.

Article 14. Reparation of expenses incurred by the staff of the responsible organ, the organization or the individual or the State for compensation paid to the staff concerned may take one or more forms of payment. Individuals may be paid on a separate basis from the monthly salary income, but each deduction shall not exceed 30 per cent of their monthly salary income, except when the individual has made the contributions.

Article 15. The compensation obligation shall apply for review by the indemnity authority within 30 days of the date of receipt of a warrant or the decision to recover from the date of the receipt of a decision on the responsibility of the responsible organ, the indemnity authority shall take a review decision within 15 days of the date of receipt of a reclaim.

Article 16 of the Compensation Obligations Authority, the financial sector and its staff violate the provisions of this approach, which are addressed and disposed of in accordance with article 13 of the National Compensation Cost Management Regulations of the Department of State.

Article 17 The Modalities for the management of National Compensation Costs in the Sichuan Province, issued on 7 February 1999, were also repealed.