Circular 16/2015/ttlt-Btp-Bqp: Amendments And Supplements To Some Articles Of The Circular No. 04/2013/ttlt-Btp-Bqp On 01/02/2013 Of The Ministry Of Justice, The Ministry Of Defence Guidelines Management N

Original Language Title: Thông tư liên tịch 16/2015/TTLT-BTP-BQP: Sửa đổi, bổ sung một số điều của Thông tư liên tịch số 04/2013/TTLT-BTP-BQP ngày 01/02/2013 của Bộ Tư pháp, Bộ Quốc phòng hướng dẫn thực hiện quản lý nhà n

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FRANCO-FRENCH DEPARTMENT OF DEFENSE
Number: 16 /2015/TTLT-BTP-BQP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, November 19, 2015

FEDERAL INFORMATION

Modify, add some of the I Number of links, no. 04 /2013/TTLT-BTP-BQP 01/02/2013 of B There. I It's French B There. Q The guidance chamber, the guidance of the state administration, is carrying out the state management of the civil rights act. Well,

________________________

The State of the Compensation Act;

Base of Protocol 16 /2010/NĐ-CP March 3, 2010 of the Government of the Qu y Details and orientation d There. n execs a Stain. The provisions of the Law of the Compensation of the State;

Base of Protocol 22 /2013/NĐ-CP March 13, 2013 of the Government regulates the function, duties, powers, and organizational structure of the Ministry of Justice;

Base of Decree Stain. 35 /2013/ND-CP April 22, 2013, the Government rules the function, mandate, rule. Okay. Limit and muscle All The organization of the Ministry of Quan Stain. c room;

Minister of Justice and Minister Qu Stain. c c. c. Stain. The article of the Stain. 04 /2013/TTLT-BTP-BQP 01/02/2013 guide state management implementation of the company Ah! Compensation in operation i Civil court.

What? 1. Modified, add some of the provisions of the Digital Federal Information 04 /2013/TTLT-BTP-BQP 01/02/2013 of the Ministry of Justice, the Ministry of Defense instructs the implementation of state management of the compensation operation in civil execution action.

1. Article 6 is modified, adding as follows:

" Article 6. Restitution for restitution.

1. Career Guide

a) The Department of Compensation State Compensation of the Justice Department for the settlement of reparation to the agency, the unit within the country;

b) The Defense Department of the Defense of Defense instructs the settlement of compensation to the agency, the unit within the scope administered by the Ministry of Defense.

2. Career Guide Content

a) The procedure, the procedure for reparation;

b) The sequence, the procedure for filing a budget offer, pay compensation and review reimbursable responsibility;

c) Other relevant content on the responsibility of the compensation of the State. "..

2. Article 8 is modified, adding as follows:

" Article 8. Solving a problem.

1. Responsible response

The Department of State Compensation, which helped the Minister of Justice to address the implementation of the law on the responsibility of the state's compensation within the country.

2. Content in response

a) The scope, the object is compensated;

b) The base determines the compensation of the State;

c) The damage is compensated;

d) The procedure, the procedure for reparation;

Pay compensation and review reimbursable responsibility;

e) the state management content of reparation work;

g) Other relevant content on the responsibility of the compensation of the State. "..

3. Article 10 is modified, adding as follows:

" Article 10. Providing information, the procedure for the procedure to assist the damaged person performing the right to claim compensation

1. The Justice Department of the State Department of Justice provides information, instructs the procedure to assist the affected person who exercise the right to claim compensation within the country.

2. The defence of the Department of Defense provides information, guidelines for the procedure to assist the affected person who exercise the right to claim compensation within the scope of the Department of Defense.

3. Based on each of the specific cases, the provision of information, the manual instruction manual implementation of the right to claim compensation is done in writing or direct exchange with the person with the damage. "..

4. Article 11 is modified, adding as follows:

" Article 11. Perform restitution for compensation.

1. Trace Responsibility

a) Staff of the State Compensation Bureau, which helps the Minister of Justice to synthese, monitor the joint operation of reparation resolution within the country;

b) The President of the Civil Service of the Ministry of Justice of the Department of Justice in particular the action of the compensation settlement within the scope of the management;

c) The provincial civil law enforcement Bureau, the Central City of the Central District (later known as the Provincial Civil Service Enforcement Administration) follow specifically to operate the compensation settlement within the scope of its management;

d) The French case of the Defense Department of Staff, which helps the Minister of Defense to sum up, follows the joint operation of compensation settlement within the scope of the Ministry of Defense;

The Bureau of Defense Enforcement Administration is specifically monitoring the compensation settlement within the scope of its management.

2. Trace Content

a) The situation requires compensation and compensation settlement;

b) The responsibility for the implementation of the report by the rule of law on the responsibility of the compensation of the State. "..

5. Additional Article 11 a after Article 11 is as follows:

" 11a. Carrying out the appraisal of funding, pay compensation and review of reimbursable responsibility.

1. Trace Responsibility

a) Staff of the State Compensation Bureau, which helps the Minister of Justice to sum up, follow the same budget appraisal, pay compensation and review reimbursable responsibility within the country;

b) The President of the Civil Service of the Ministry of Justice in particular the details of the payment of the compensation and consideration of the responsibility of return within the scope of his management;

c) The Provincial Civil Service Enforcement Administration monitor specifically the cost of paying compensation and considers the responsibility of reimbursable within the scope of its management;

d) The French case of the Defense Department of Staff, which helps the Minister of Defense to sum up, follows the joint appraisal of the budget, pay compensation and consider the responsibility of reimbursable within the scope of the Department of Defense;

The Bureau of Defense Enforcement is specifically monitored by the Department of Defense, and considers the responsibility of reimbursable within the scope of his management.

2. Trace Content

a) The appraisal of the funding, the payment of the compensation and consideration of reimbursable responsibility;

b) The responsibility for the implementation of the report by the rule of law on the responsibility of the compensation of the State. "..

6. Article 12 is modified, added as follows:

" Article 12. The base does track of compensation settlement activity, budget appraisal, restitution costs, and review of reimbursable responsibility.

1. Report results of the compensation settlement of the body responsible for compensation.

2. Compensation Report.

3. The verdict, the decision of the state agency to have jurisdiction regarding the responsibility of the compensation of the State.

4. The complaint, the personal report, the organization.

5. Press information on compensation. ".

7. Article 14 is modified, adding as follows:

" Article 14. Make sure you do the job.

1. The General Justice Department of the Justice Department of the Justice Department operates the compensation settlement within the scope of his management.

2. The Civil Service Enforcement Administration is acting as a compensation settlement within the scope of its management.

3. The French Department of Defense of the Defense of Staff, which helps the Minister of Defense of the defense of the defense of the Department of Defense in violation of the Department of Defense.

4. The Bureau of Defense Enforcement Administration works to resolve compensation within the scope of its management.

5. The state compensation bureau, which helps the Minister of Justice to be in the case:

a) The statute of limitations on paragraph 1 Article 16 of these federated investments in the terms 1, 2, 3 and 4 Do not implement the governor;

b) The body responsible for compensation has been held by the governor but does not make a regulatory settlement under regulation. ".

8. Additional Article 14a after Article 14 as follows:

" 14a. Execute the budget appraisal, pay compensation and review the reimbursable responsibility.

1. The state compensation bureau, which helps the Minister of Justice, the administration of the appraisal of funding, pays compensation and considers the responsibility of reimbursable within the country.

2. General Justice Department of the Justice Department of the Justice Department for the payment of the compensation and consideration of the responsibility of reimbursable within the scope of his management.

3. The civil law enforcement Bureau of the province governs pay compensation and considers the responsibility of reimbursable within the scope of his management.

4. The Defense Department of the Defense of Staff, which helps the Minister of Defense, the secretary of state for the appraisal of the funding, pay for compensation and review the responsibility of reimbursable within the scope of the Department of Defense.

5. The Bureau of Defense Enforcement Administration pays compensation and considers the responsibility of reimbursable within the scope of his management. "

9. Article 15 is modified, adding as follows:

" Article 15. The base performs the compensation settlement, the funding-level appraisal, the compensation payments and review of the reimbursable responsibility.

1. The decision to resolve the complaint, which concluded the alleged content of the state agency with jurisdiction.

2. Results follow, check out the compensation.

3. Press information about the compensation.

4. The verdict, the decision of the state agency to have jurisdiction regarding the responsibility of the compensation of the State. ".

10. Article 16 is modified, added as follows:

" Article 16. The procedure for the operation of reparation.

1. In the 10-day period, since the date of receiving information, the document is the regulation of the regulation at Article 15 of this Article 15, the agency with the authority stipulated at Article 14 of this Article 14 that issued the writing of the office of the chief of the office. Usually.

2. The governor 's office must specify the content, deadline and the responsibility of the agency' s execution.

3. The governor 's office is sent to the agency that is being directed by the governor, the agency' s direct-level management agency and the state governing body for the relevant compensation work.

4. During the 5-day period of work, since the execution of the governor's text, the body is reported by the governor of the matter and sent to the agency that has been done by the governor, the direct-level body on the results of the execution.

5. In case the agency is met with difficulty, entanged in the implementation of the governor ' s office content, must report, please the guidance of the superior agency or the state governing body on the compensation for the regulation at Chapter III. This is the president. "

11. Supplements 16 a after Article 16 is as follows:

" 16a. The procedure for the appraisal of funding, pay compensation and review of reimbursable responsibility

1. In the 5-day period of work, since the date received information, the document is the regulation of the regulation at Article 15 of this Article 15, the authority that has the authority stipulated at Article 14a This relevant information has the office of the body responsible for it. the appraisal of the funding, pay for compensation and consider the responsibility of reimbursable.

2. The text must specify the content, deadline, and responsibility of the agency ' s execution.

3. The governor 's office is sent to the agency that is being directed by the governor, the agency' s direct-level management agency and the state governing body for the relevant compensation work.

4. During the 5-day period of work, since the day of the execution of the governor's office, the body is reported by the governor of the matter and sent to the agency that has been done by the foreman, the direct-level authority on the results of the execution. "

12. Article 17 is modified, adding as follows:

" Article 17. Check out reparation jobs

1. The state compensation bureau, which helps the Minister of Justice to examine the compensation work within the country.

2. The Directorate General of Civil Affairs Department of Justice Department of Justice inspects compensated work within the scope of his management.

3. Department of Civil Service Enforcement of the Provincial Civil Service inspects compensation settlement in the scope of its management.

4. The French Department of Defense of the Defense of Staff, which helps the Minister of Defense to check for reparation work within the scope of the Department of Defense.

5. The Bureau of Defense Enforcement Administration examines the operation to resolve compensation within the scope of its management. ".

13. Additional Article 17a following Article 17 as follows:

" 17a. Compensation Audit Principle

The examination of the compensation work in civil execution activities must comply with the following principles:

1. Exactly, objective, public, democratic, timely; does not impede the normal activity of the test subject.

2. True content, scope, object, and deadline by Decision or Plan of Examination; comply with the procedure, procedure, regulatory authority under regulation at Article 17 and Article 17b This President. "

14. Additional Article 17b in after Article 17a as follows:

" 17b. Sequence, test procedure

1. Ra decide or enact a Test Plan.

2. Make a Decision or Test Plan.

3. The Chief of the Test Corps recommended a report inspection of the test content; provide information, documents related to the audit content.

4. The test subject is responsible for the process of making the required test Corps problems (if any).

5. During the 10-day period, since the end of the inspection, the draft inspection team reported the results of the decision to test the agency that had either decided or issued a Test Plan.

6. During the 5-day period of work, since the date of the report results of the approved test, the agency has made a decision or issued the Examination Plan to issue an inspection and notification conclusions for the test subject.

7. authoritalization of authority or agency petition has jurisdiction to process violation of the law (if any). ".

15. Article 18 is modified, added as follows:

" Article 18. The test base.

1. The annual plan of the state governing body for compensation work.

2. The requirements of the individual, the agency, the organization has jurisdiction.

3. The results of the tracking activity, the chief of compensation.

4. The decision to resolve the complaint, which concluded the alleged content of the state agency with jurisdiction.

5. Financial Reporting. ".

16. Additional Article 21a following Article 21 as follows:

" Article 21a. Member of the inspection, mission and jurisdiction of the Chief of the Examination.

1. The inspection team consists of the Head of the Company and its members. The Chief Inspector is representative of the head of the state governing body for compensation work. Members of the inspection team include representatives of the state governing body for compensation and agencies, which are involved in the inspection of compensation.

2. The chief of the inspection has a mandate, the following powers:

a) Only the Test Corps performs the right content, the specified deadline in the Decision or the Test Plan; the specific task assignment for the members of the test corps;

b) The request for the test subject to provide information, documents related to the test content;

c) Set up the audit editor, construction of the draft report results report, the draft conclusion of the examination and is responsible for the accuracy, honesty, objectiation of those texts;

d) During the examination, if the discovery was wrong, the Chief of the Security Council must compile and petition the authorities with the authority to handle the provisions of the law.

3. Members of the Test Corps perform tasks according to the Chief of the Examination and are responsible to the Chief of the Service for the assignment of the assignment. "

17. Article 22 is modified, added as follows:

" 22. The rights and obligations of the test subject

1. The test object has the following permissions:

a) The solution of the issues related to the test content;

b) The charges, denouncing the rule of law.

2. The test subject has the following obligation:

a) Accept of Decision or Plan of Examination;

b) Provide timely, full, accurate information, documents at the requirements of the Test Corps; accountable to the law on the accuracy, integrity of the information, the provided document;

c) Make the request, the conclusion of the examination and the state authority to have jurisdiction. "..

18. Article 24 is modified, adding as follows:

" 24. The types of reports, the timing of the data, form the report

1. The periodic report

a) A 6-month report: reporting results of the unit ' s compensation from 01/10 years ago to 31/3 of the reporting year;

b) The annual report: report the results of the unit's compensation from 01/10 years ago to 30 September of the year of the report.

The report is carried out according to the issued form attached to this Conventional Information.

2. The report on the compensation work at the request of the state agency has jurisdiction.

3. Report Form

a) Report by letter text must have a signature, stamp the confirmation of the Chief Minister, the organization that performs the report regime, which is sent according to the post office or sent directly;

b) The electronic text report must be authenticated by the signature number according to the rule of law or to send an electronic text in the form of a paper text scan (PDF format). ".

19. Add Article 24a after Article 24 as follows:

" 24a. Statistics statistics

1. The Agency is responsible for reporting provisions at paragraph 1, 2, 3, 4 and 5 Article 25 This article statistics the number of conditions required for compensation and the settlement of the claim required by Annex I and Appendix II to be accompanied by this Relevant Information.

2. The timing of periodic data statistics is carried out as specified at the point a, b paragraph 1 Article 24 of this federation. "

20. Article 25 is modified, adding as follows:

" Article 25. Report responsibility for restitution.

1. The six-month term civil execution genus (before April 10/ 4) and every year (before October 10th) statistics, preliminary, aggregation, evaluation, evaluation of compensation execution within the scope of his management, sending Bureau of provincial civil executions, at the same time, sent the Private Chamber. In order to sum up the general situation in terms of state management in local compensation.

2. The annual provincial civil law enforcement Bureau (before April 15/4) and every year (before 15/10) statistics, preliminary, aggregation, evaluation of compensation execution within the scope of his management, sent the General Bureau of Civil Justice Civil Affairs, at the same time, sent. The Department of Justice is to sum up the general situation in terms of state management of local compensation.

3. The President of the Civil Service of the Department of Justice of the Ministry of Justice is six months and annually, the sum of compensation in the country, reports the Ministry of Justice, and sends the Department of State Compensation Bureau.

4. A six-month-long (before 10/ 4) annual military execution room (before October 10) and every year (before October 10) statistics, unity, aggregation, assessment of the execution of compensation within the scope of his management, report the Department of Defense.

5. The Bureau of National Defense Executions of six months (prior to April 15/4) and every year (before 15/10) statistics, aggregation, evaluation of the implementation of the compensation work within the scope of his management, report of the Ministry of Defense, while simultaneously sending the French Ministry of Law Uh,

6. The United States Department of Defense is periodically six months and annually, the total compensation for the Ministry of Justice sent by the Ministry of Defense to the Ministry of Defense.

7. The state compensation bureau, which helps the Minister of Justice to statistics, sump up, report the Government on compensation. "

What? 2. Effect of execution

1. This joint venture has been in effect since 2 January 2016.

2. Repeal Article 13, report patterns, Appendix accompanied by Digital Federal Information 04 /2013/TTLT-BTP-BQP 01/02/2013 of the Ministry of Justice, the Ministry of Defense guidelines for the implementation of state management of the compensation work in the operation of civil and content executions, the number of employment statistics, the amount of state compensation in the civil execution exam in the Digital Information Act. 08 /2015/TT-BTP 26 June 2015 amendment, adds some of the provisions of the Digital Information 01 /2013/TT-BTP 03/01/2013 of the Ministry of Justice guidelines for the Statistical Report.

What? 3. Accountability and execution

1. State management agencies on compensation work, the body responsible for compensation in the enforcement of civil and agency executions, the relevant organization is responsible for the enforcement of this federation.

2. In the course of execution if there is difficulty, entanged, personal offer, the organization reflects on the Ministry of Justice, the Ministry of Defense to coordinate research, solve.

KT. Minister of Justice.
Chief.

KT. SECRETARY OF DEFENSE
Chief.

(signed)

(signed)

Xiang Yu

General Nguyen Cheng