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

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CIRCULAR Guide make governance about the work of active compensation in the proceedings _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law of the State compensation liability on June 18, 2009; 
The Minister of Justice, Chief Justice of the Supreme People's Court, the head of the Supreme People's Procuratorate, Ministry of public security, the Minister of Defense, Minister of finance, Minister of agriculture and rural development issued the circular guide implementation of State management of compensation in the proceedings.
Chapter I GENERAL PROVISIONS article 1. Scope this guidance circular content governance, accountability and governance relationship management coordination of State compensation in the proceedings.
Article 2. The object that applies to this circular is applicable to the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of defence, the Ministry of public security, the Ministry of finance, Ministry of agriculture and rural development (hereinafter referred to as the work of Administration compensation in the proceedings); The Ministry of Justice; the Agency delivered a number of management tasks of State compensation; the Agency conducted the proceedings in the central cities, and in the County, district, and city in the province; the Agency was tasked to conduct some investigation activities.
Article 3. The content of State management of compensation in the proceedings 1. Issued under the authority or the State Agency has the authority to modify, supplement or enact new legal text about the State's liability.
2. Common Law propaganda of the State compensation liability and documents guiding the implementation of competent State agencies.
3. Guide compensation for the authorities responsible for implementing the resolution of the compensation claim.
4. Answers to concerns about the implementation of the law on liability for compensation by the State.
5. Identify the authorities responsible for compensation in cases where there is no unity of bodies responsible for compensation.
6. track, urge, check the active compensation, compensation payments and repayment responsibilities.
7. Statistics, General, reviews the implementation of the State compensation liability.
8. Complaints, accusations and handle breach of the law on the liability of the State under the provisions of the law.
Article 4. The responsibility to implement state management on the work of compensation in the proceedings 1. The Supreme People's Court, the Supreme People's Procuratorate, the Ministry of defence, the Ministry of public security, the Ministry of finance, Ministry of agriculture and rural development operative management compensation in criminal activity in its scope of management.
2. the Supreme People's Court to manage the work of active compensation in civil proceedings, administrative proceedings.
3. In case it deems necessary, the governing body of the work of the Court activity compensation in coordination with each other and coordinated with the Ministry of Justice make the content management prescribed in article 3 of this circular.
Article 5. The principle of coordination of management of State compensation in the proceedings 1. Match the functions, duties, and powers of each agency.
2. Ensure consistency, timeliness, the right content, the time limit according to the instructions in this circular.
Chapter II MANAGEMENT COORDINATION of STATE COMPENSATION in the PROCEEDINGS article 6 ACTIVITIES. Guidance to resolve compensation and answers to concerns about the implementation of the law on State compensation responsibility 1. The complex case, the difficulty in resolving the compensation need consistent opinion among relevant agencies, agency management task in the compensation proceedings in writing activities suggested the agency work management compensation in other litigation activity, and the Ministry of Justice to coordinate , exchange ideas in writing or interdisciplinary meeting to unify content before guidance to resolve compensation and answers to concerns about the implementation of the law on liability for compensation by the State.
2. the text of resolution guidance, answers to concerns about the implementation of the law on the State's liability must be simultaneously sent to the agencies have collaborated.
3. The case management agency compensation work in running the proceedings offered guidance to resolve compensation or obstacles on the implementation of the law on the liability of the State in litigation activity that suggest it is not related to the responsibilities of compensation in the industry range within 5 working days from the date of receiving the proposal, the Agency moved to recommend to the competent authorities, at the same time, immediately notify the Agency, organization, individual has suggested.
Article 7. Identify the authorities responsible for compensation in case of non-uniform on the authorities responsible for compensation in criminal activity where there is dispute about the responsibility of compensation between the competent authorities in criminal activities in the branches according to item 2 article 21 circular No. 05/2012/TTLT/BCA-TANDTC-VKSNDTC-BTP-BQP-BTC-BNN & November 2012 and RURAL DEVELOPMENT Institute Supreme People's Prosecutor, the Supreme People's Court, the Ministry of public security, Ministry of Justice, Ministry of defence, the Ministry of finance and the Ministry of agriculture and rural development guide and implementation of the State compensation liability in criminal activity resolves as follows: 1. The Agency proposed the identification of the authorities responsible for proactive compensation in Exchange for the governing body the compensation work in physical activity are related to identify the authorities responsible for compensation. The Exchange can be done through organizing a meeting or in writing.
2. The responsible agency determines compensation must be in writing. The text must be sent immediately to the Agency has participated in the Exchange, unity of opinion and the authorities responsible for compensation.
Article 8. Interdisciplinary examination of claim 1. Interdisciplinary examination of compensation be proceeded according to the plan of the work of Administration compensation in the proceedings or at the request of the competent State bodies.
2. content of interdisciplinary examination of compensation include: a) compensation settlement activities;
b) The payment of compensation;
c) consideration of the responsibility to refund of the duty.
3. interdisciplinary inspection is done as follows: a) recommended the implementation Agency inspection of interdisciplinary chaired the building the test plan draft. The draft plan check must be the unity of opinion in writing of the agency managing the work of active compensation in the proceedings concerned;
b) after the unification of the Organization to perform interdisciplinary examination, the agency recommended test is responsible for enacting and implementing organization test plans and established interdisciplinary inspection Group;
Inspection Group ingredients include: interdisciplinary agency representatives suggest checking Agency, representing the management task in the Agency's litigation activities are checked, representatives of other bodies relevant to the inspection;
c) Agency is responsible for checking the full preparation of records, documents and other necessary conditions to serve the test and combined with interdisciplinary examination Group as required.
4. after finished operation check, head of the delegation must be interdisciplinary examination concluded the check and send it to the relevant authorities.
Cases detected signs of breaking the law, interdisciplinary examination Group recommendations to the competent authorities, treat as prescribed by law.
Article 9. Handle complaints, report on the implementation of the State compensation liability in the event of improper jurisdiction 1. The case agency management task in compensation or litigation activities in the Ministry of Justice receives a complaint, the report on the implementation of the State compensation liability that complaints, accusations not belonging to his jurisdiction, then the receiving Agency is responsible for the immediate transfer of complaints , report and related documents (if any) to the relevant jurisdiction.
2. the competent agency to resolve complaints, accusations are responsible for announcing the results resolve complaints, report to the Agency had moved.
Article 10. Statistics, General results the implementation of the State compensation liability in the litigation activity on nationwide 1. The agency manages the work of active compensation in the proceedings of the annual statistics, periodic synthesis of the implementation of the State compensation liability within themselves and notify the Department of Justice. The time retrieved statistics, annual aggregate is calculated from October 1 of the previous year to 30 September of the year of the report. The time limit for submitting statistical results, General before 15 October of the year of the report.
2. where to serve the Government report, the Standing Committee of the National Assembly and the National Assembly, the governing body of the work of the Court activity in the compensation statistics, general implementation of the State compensation liability within its industry posted on the Ministry of Justice.
3. aggregate statistics, content is done in the form attached to this circular.
Article 11. Statistics, General results the implementation of the State compensation liability in the litigation activity in the local scope 1. At the suggestion of the State administration on work of compensation at the same level in the local people's Court, people's Procuratorate, the public security organs, the central cities (hereafter referred to as the provincial level) and the district, the County, towns and cities in the province (hereinafter the district) statistics synthesis of the results, the implementation of the State compensation liability in its scope of management and sent to the following bodies: a) the people's Court, people's Procuratorate, public security organs at district level to send the results to the statistics, General to justice;

b) people's Court, people's Procuratorate, the provincial public security authorities submitted statistical results, General to the Justice Department.
2. time to get the data, the time limit for sending the results and statistics, aggregated content is made according to the provisions of paragraph 1 and paragraph 3 article 10 of this circular.
Article 12. Send a copy of the verdict, excerpts of relevant decisions about the State's liability 1. The Court was hearing the criminal case, the Administration and the relevant civil compensation responsibility of the State to send copies of excerpts of judgment, the decision to the competent authority of the State administration on work of compensation within 15 days from the date of the judgment in that decision, the effect of the law as follows: a) the Supreme People's Court sent a copy of the verdict, excerpts of decision to the Ministry of Justice;
b) provincial people's Court sent a copy of excerpts of judgment, the decision to the Justice Department;
c) district-level people's Court sent a copy of excerpts of judgment, decide to justice;
d) military court sent a copy of excerpts of judgment, decided to Service the Defense legislation.
2. the State administration on work of compensation upon receiving a copy of excerpts of judgment or decision specified in clause 1 of this general responsibility for monitoring and coordinating the urge, to check the work of compensation prescribed by the law.
Chapter III the TERMS of the IMPLEMENTATION of article 13. Effective enforcement of this circular effect since January 2015.
Article 14. Responsibility 1. The Ministry of Justice, the Supreme People's Court, the Supreme People's Procuratorate, Ministry of public security, the Ministry of defence, the Ministry of finance, Ministry of agriculture and rural development is responsible for organizing the implementation of this circular.
2. During the implementation process if there are difficulties and obstacles, the agencies, organizations, individuals in timely notice to the governing body the work of active compensation in the proceedings and the Ministry of Justice to have timely instructions./.