Circular 22/2014/ttlt-Btp-Bca-Tandtc-Vksndtc-Bqp-Btc-Bnn & Rural Development: A Guide To Implementing State Management On The Work Of Compensation In The Proceedings

Original Language Title: Thông tư liên tịch 22/2014/TTLT-BTP-TANDTC-VKSNDTC-BCA-BQP-BTC-BNN&PTNT: Hướng dẫn thực hiện quản lý nhà nước về công tác bồi thường trong hoạt động tố tụng

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
THE FRANCO-PRUSSIAN MINISTRY OF JUSTICE, THE SUPREME COURT OF THE PEOPLE, INSPECTED THE CITIZENS OF THE EVENING-MINISTRY OF STATE-MINISTRY OF STATE-MINISTRY-THE DEPARTMENT OF FINANCE-MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT.
Number: 22 /2014/TTLT-BTP-TANDTC-VKSNDTC-BCA-BQP-BTC-BNN&PTNT
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, November 21, 2014

FEDERAL INFORMATION

The manual implementation of the state management of the compensation work in the proceedings

________________________

State compensation Law Base June 18, 2009;

The Minister of Justice, Chief Justice of the Supreme People 's Court, the Institute of Ministers of the Supreme People' s Examination, the Minister of Public Security, Minister of Defense, Minister of Finance, Minister of Agriculture and Rural Development issued a direct-on-course. leading the implementation of state management of reparation work in litigation activity.

Chapter I

COMMON RULES

What? 1. The adjustment range

This joint venture guide the state management content, state management responsibility and coordination relations implementing state management of the compensation work in the proceedings.

What? 2. Subject applies

This joint venture is applied to the Supreme People 's Court, the Supreme People' s Examination Institute, the Ministry of Defense, Ministry of Public Security, the Ministry of Finance, the Ministry of Agriculture and Rural Development (later known as the compensation management agency in operation). proceedings); the Ministry of Justice; the agency is assigned a number of state management duties on compensation work; the agency conducts proceedings in the province, the central city of the Central and in the district, district, the province of the province; the agency is tasked with conducting some. the investigative work.

What? 3. The state management content of the compensation work in the proceedings.

1. In accordance with jurisdiction or state authorities with the authority to amend, add or enact new text of the rule of law on the responsibility of the compensation of the State.

2. Popular, the propagation of the State of the State and the Compensation Guidelines of the State Agency.

3. Career guidance is compensated for the body responsible for compensated compensation.

4. The answer to the implementation of the law on the responsibility of the compensation of the State.

5. Identitiate the body responsible for compensation in the absence of a reunified body of responsibility for compensation.

6. Watch, foreman, check out the compensation settlement, the payment of the compensation and the execution of the reimbursable responsibility.

7. Statistics, aggregation, evaluation of the execution of the compensation of the State.

8. Resolve the complaint, denounce and sanctipate the law of the state ' s compensation in accordance with the rule of law.

What? 4. Responsibility for the implementation of state management on compensation work in litigation.

1. The Supreme People 's Court, the Supreme People' s Examination Institute, the Ministry of Defense, Ministry of Public Security, Ministry of Finance, Ministry of Agriculture and Rural Development managed the compensation work in criminal proceedings within the scope of his management.

2. The Supreme People ' s Court manages compensated work in civil litigation, administrative proceedings.

3. In the case of a necessary review, the management agencies are compensated in coordinating litigation together and in coordination with the Ministry of Justice to implement regulatory content in Article 3 of this Article 3.

What? 5. The principle of coordination of the implementation of the state management of reparation work in litigation activity

1. In accordance with the function, the task, the powers of each organ.

2. Make sure to be unified, timely, right content, dead-time guidelines at this Federal Communications.

Chapter II

CO-ORDINATION IMPLEMENTATION OF STATE MANAGEMENT OF REPARATION WORK

IN PROCEEDINGS.

What? 6. Career Guide to the Compensation Settlement and Compensation Solution on the implementation of the Law on the Compensation Liability of the State

1. The case of complex cases, difficulty in addressing the compensation required to unify the opinion among relevant agencies, the agency ' s governing body of compensation in the proceedings has the text of recommrive to the compensation of the compensation management agencies. in other proceedings and the Coordination Justice Department, exchanging opinions with writing or interdisciplinary meeting to unify the content before the manual guidance of the compensation settlement and the solution of the implementation of the law on the responsibility of restitution. of the State.

2. The manual of the compensation of the compensation settlement, the answer to the implementation of the law enforcement of the compensation of the State must be simultaneously sent to the co-ordinated authorities.

3. The case of a compensation management agency in the litigation operation is recommended for a job guide to a compensation settlement or an attempt to implement the law on the compensation of the State of the Compensation Act in the proceedings. It has not been associated with the responsibility of restitution of the scope of its discipline in the five-day period of work, since the date of the request, that agency to move the proposal to the competent authority, at the same time, to inform the agency, the organization, the individual. offers.

What? 7. Define the agency responsible for compensation in the school The most ununiformable body of responsibility for criminal prosecution in criminal proceedings.

The case has a dispute over the responsibility for compensation between the competent authorities in the criminal proceedings of the sections under paragraph 2 Article 21 of the number of federated information. 05 /2012/TTLT/VKSNDTC-TANDTC-BCA-BTP-BTC-BNN&PTNT November 2, 2012 of the Supreme People 's Control Institute, the Supreme People' s Court, the Ministry of Public Security, the Ministry of Justice, the Ministry of Defense, the Ministry of Finance and the Ministry of Agriculture and Rural Development directed the implementation of the state ' s compensation in operation. The criminal proceedings are as follows:

1. The Agency proposed the identification of the body responsible for restitution of the exchange with the compensation management agencies in the relevant proceedings to unify the identification of the body responsible for compensation. The exchange can be made through the form of a meeting or written organization.

2. The unification of the body that determines the body responsible for compensation must be written in writing. The text must be sent directly to the agencies who have joined the exchange, united opinion and the body responsible for compensation.

What? 8. The interdisciplinary examination of the compensation work

1. The interdisciplinary examination of reparation work is conducted under the plan of the compensation management agencies in the proceedings or at the request of the authority of the state authority.

2. The interdisciplinary examination of the compensation work includes:

a) Operation restitution;

b) The payment of the compensation;

c) The review of the reimbursable responsibility of the execs.

3. The interdisciplinary examination is done as follows:

a) The agency recommended that the implementation of the interdisciplinary inspection work on the construction of the draft Plan. The draft of the Test Plan must be unified with the written opinion of the compensation regulatory authorities in the relevant proceedings; and the following:

b) After the unification of the organization of the implementation of the interdisciplinary examination, the agency recommended that it be issued and organized the implementation of the inspection plan and the establishment of the interdisciplinary examination.

The membership of the interdisciplinary examination includes: the representative body representative examination, the representative body of the compensation management agency in the proceedings of the examined agency, representing other agencies involved in the inspection work;

c) The checked body is responsible for the full preparation of records, documents, and other necessary conditions that serve the inspection and coordination work with the interdisciplinary inspection team at the request.

4. After the end of the test operation, the Chief of the interdisciplinary examination must have a test conclusion and send to the relevant authorities.

The case found a sign of violation of the law, the interdisciplinary examination of the petition with the agency, who had jurisdiction over the rule of law.

What? 9. Processing of the complaint, denouncing the implementation of the State ' s compensation liability in the absence of authority.

1. The case of the agency 's governing body for compensation in litigation or the Department of Justice reception to the complaint, denouncing the implementation of the State' s compensation that the complaint, denouncing no jurisdiction of his resolve, then the next agency. received responsibility for the transfer of the complaint, denouncing, and relevant documents (if any) to the organ of the settlement.

2. The Agency with the authority to resolve the complaint, the charge is responsible for announcing the results of the complaint settlement, denouncing the agency that has been filed.

What? 10. Statistics, aggregate results of the implementation of the State 's compensation responsibility in the proceedings on the country' s scope.

1. Authority of the compensation management agency in the annual periodic proceedings of statistics, aggregation of the implementation of the state of the compensation of the State within its scope and informed the Ministry of Justice. At the time of the census, the annual aggregation is calculated from 1 October of the year prior to 30 September of the year of the report. The deadline to submit statistical results, aggregation before October 15 of the year of reporting.

2. The case for serving a Government report, the Standing Committee of the National Assembly and the National Assembly, the agency that manages compensated work in statistical litigation, sums up the exercise of the State ' s compensation in the scope of its coverage of the Department of Justice. French.

3. Statistical content, aggregation is made in accordance with the issued form attached to this General Information.

What? 11. Statistics, aggregate results of the implementation of the State ' s compensation responsibility in the proceedings of the local sphere.

1. At the suggestion of the state governing body for local and local compensation, the People 's Court, the People' s Examination Institute, the Provincial Public Administration, the Central City of Central (later known as provincial level) and district, county, town, city of Central City. The province (later known as district level) statistics, aggregation of the implementation of the state of the compensation of the state within the scope of its management and to the following agencies:

a) The people 's court, the People' s Examination Institute, the district-level public office sent statistical results, aggregate to the Judicial Room;

b) The People 's Court, the People' s Examination Institute, the Provincial Security Agency sent statistical results, aggregate to the Department of Justice.

2. The timing of the data, the deadline for sending results and statistical content, the synthesis is made by regulation at paragraph 1 and paragraph 3 Article 10 of this link.

What? 12. Send a copy of the verdict, the relevant decision regarding the compensation of the State.

1. The Tribunal for the criminal case, the case of administrative and civil affairs related to the compensation of the State sent a copy of the copy of the sentence, the decision for the authorities to have the authority to administer the state over reparation work for a 15-day period. since the day of the verdict, that decision has the legal effect as follows:

a) The Supreme People ' s Court sent copies of the copy of the verdict, decided to go to the Ministry of Justice;

b) The Provincial People ' s Court sent copies of the copy of the verdict, decided to go to the Department of Justice;

c) The District People's Court sent copies of a copy of the verdict, decided to go to the Judicial Chamber;

d) The military court sent copies of the copy of the verdict, decided to go to the French Department of Defense.

2. The state governing body for compensation work when receiving a copy of the verdict, the decision stipulated at 1 This is responsible for monitoring and coordination of the governor, examination of the reparation work under the rule of law.

Chapter III

EXECUTION CLAUSE

What? 13.

This federation has been in effect since 5 January 2015.

What? 14.

1. The Ministry of Justice, the Supreme People 's Court, the Supreme People' s Examination Institute, the Ministry of Public Security, the Ministry of Defense, Ministry of Finance, Ministry of Agriculture and Rural Development are responsible for organizing this joint venture.

2. In the course of execution if there is difficulty, entangrium, agencies, organizations, individuals promptly inform the body of compensation management in litigation and the Ministry of Justice to have timely guidance.

KT. Minister of Justice.
Chief.

KT. Minister of the Supreme People's Court
Chief.

KT. Minister of the Supreme People.
Chief.

(signed)

(signed)

(signed)

Central Ding.

Get Rid Of Me

Pears.

KT. MINISTER OF FINANCE
Chief.

KT. SECRETARY OF DEFENSE
Chief.

KT. Minister of the Ministry of Public Security
Chief.

(signed)

(signed)

(signed)

Hà jun Tuan

General Nguyen Cheng

General Lê Guan Wang

KT. Minister of Agriculture and Rural Development
Chief.

(signed)

Cheung Chi