Circular 6/2014/ttlt-Btp-Ttcp-Bqp: A Guide To Complaints, Complaints About State Compensation In The Administrative Management Activities And The Enforcement Of Civil Judgment

Original Language Title: Thông tư liên tịch 06/2014/TTLT-BTP-TTCP-BQP: Hướng dẫn khiếu nại, giải quyết khiếu nại về bồi thường nhà nước trong hoạt động quản lý hành chính và thi hành án dân sự

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CIRCULAR guide claims, to resolve complaints about State compensation in the administrative management activities and the enforcement of civil judgments _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law of the State compensation liability on June 18, 2009;
Pursuant to the law the complaint on February 11, 2011;
Pursuant to Decree No. 16/2010/ND-CP of March 2010 the Government detailing and guiding the implementation of some articles of the law of the State compensation liability;
Pursuant to Decree No. 75/2012/ND-CP dated 3 October 2012 the Government detailing a number of articles of the law on complaints;
The Minister of Justice, Inspector General of the Government, the Defense Minister issued circular guide claims, to resolve complaints about State compensation in the administrative management activities and the enforcement of civil judgments. 
Chapter I GENERAL PROVISIONS article 1. Scope this guidance circular complaints and resolve complaints against administrative decisions, administrative acts of the authorities responsible for compensation, authority in resolving the compensation, consider the liability repaid in administrative management activities and the enforcement of civil judgments.
Article 2. The object that applies to this circular is applicable to: 1. The complainant;
2. The victims, individuals, organizations related to the complaint;
3. the State administration on work of compensation;
4. The Agency has the responsibility for compensation;
5. Who has the authority to resolve the complaint and the individuals, organizations and agencies relevant to the resolution of complaints in the compensation settlement, considering the liability repaid in administrative management activities and the enforcement of civil judgments.
 
Article 3. Principle of determining the right to complaint resolution 1. Agency heads are responsible for compensation is responsible for resolving complaints for the first administrative decisions, administrative acts and of officials and public servants jurisdiction direct management by themselves in the resolution of the claim, considering the liability repaid in administrative management activities and the enforcement of civil judgments.
2. Heads the Agency's direct superior regulation in paragraph 1 of this article has the authority to resolve the complaint the second time for complaint resolution decision the Agency's first responsibility to compensate the direct subordinates. 
Chapter II the COMPENSATION SETTLEMENT APPEAL, CONSIDER the REFUND LIABILITY article 4. The sequence of complaints 1. When there is evidence that the administrative decisions, administrative acts in the resolution of the claim, considering the liability repaid in administrative management activities and enforcement of civil judgement was unlawful, infringing directly to the rights, legitimate interests of themselves, the complainant first complaint to the person who has the administrative decision or who had administrative behavior or administrative lawsuits in Federal Court under the provisions of the law on administrative proceedings.
The case the complainant does not agree with the decision to settle the first time or too prescribed time limit that the complaint is not resolved the complaint the second time to the heads of superior authority to resolve the complaint the first time or starting the administrative lawsuits in Federal Court under the provisions of the law on administrative proceedings.
The case the complainant does not agree with the decision to appeal or the expiry of the second rule that complaints not resolved then has the right to sue the Government case in court under the provisions of the law on administrative proceedings.
2. With regard to administrative decisions, administrative acts in the resolution of the claim, considering the liability repaid in administrative management activities and enforcement of civil judgement of Ministers, heads of ministerial-level agencies (hereinafter referred to as the Secretary), the complainant complained to the Secretary or administrative case litigated in court under the provisions of the law on administrative proceedings. 
The case the complainant does not agree with the decision to settle complaints by the Secretary or the too defined period that complaints not resolved then has the right to sue the administrative lawsuits in the courts under the provisions of the law on administrative proceedings.
3. With regard to administrative decisions, administrative acts in the resolution of the claim, considering the liability repaid in administrative management activities and the enforcement of the provincial people's Committee Chairman, central cities (hereafter referred to as the provincial level) then the complainant first complaint to the President of the provincial people's Committee or administrative lawsuits in the Court under the provisions of the law on administrative proceedings.
The case the complainant does not agree with the decision of the first appeal Committee Chairman provincial people or expiry of the regulation that the complaint is not resolved the complaint the second time to the Minister of industry, the field of management or administrative case litigated in court under the provisions of the law on administrative proceedings.
The case the complainant does not agree with the decision to settle for the second of the Minister or the expiry of the provisions that the complaint is not resolved then has the right to sue the Government case in court under the provisions of the law on administrative proceedings.
Article 5. Form of the complaint form the complaint claims settlement, considering the responsibility to refund is made according to the provisions of article 8 of law complaints in 2011.
Article 6. Time limits complaints time compensation settlement appeal, consider the liability repaid in administrative management activities and enforcement of civil judgement is 90 days from the date of the administrative decision or know the administrative decisions, administrative acts.
The case the complainant does not make the right to complain under the right time because of sickness, natural disasters, pest, a business trip, study in remote places or because of objective obstacles that have valid papers as a base to prove, then the time has obstacles that are not calculated in the time of the complaint.
Article 7. Withdrawal of the complaint the complainant may withdraw the complaint at any time during the complaint process and resolve complaints; the withdrawal of the complaint must be made by petition signed or the complainant's only point; application to withdraw a complaint must be sent to the person who has the authority to resolve the complaint.
Who has the authority to resolve the complaint upon receipt of an application to withdraw a complaint shall suspend the resolution of your complaint by decision settling the complaint and sent the decision to suspend the complaint resolution for complainants to know.
Article 8. The complaint the accepting the claim records 1. The complaint the accepting the record of the claim made when one of the following bases: a) the record of the claim was complete and valid under the provisions of the law but the authorities responsible for not accepting the compensation and without written notice to the complainant or the complainant's Guide does not submit to the Agency have jurisdiction;
b) records of claims is not full but the expiry of 10 working days from the date of receipt, the Agency has the responsibility to compensate the additional manual not record claim.
            2. in case of complaints the accepting the claim records are accepting the resolution, then the time taken to resolve complaints, complaints are not calculated in the time of the claim provided for in article 5 of law of State compensation liability (hereinafter referred to as the TNBTCNN Law).  
Article 9. The claims representatives perform the resolution of the complaint claims representatives perform the compensation is done when one of the following: 1. The authorities responsible for compensation not representatives made the settlement of compensation according to the provisions in clause 1 article 7 Decree number 16/2010/ND-CP of March 3, 2010 by The Government detailing and guiding the implementation of some articles of the law on TNBTCNN (hereinafter referred to as the decree number 16/2010/ND-CP);
2. Who are the heads of agencies are responsible for compensation of elected representatives do not have enough compensation to resolve the conditions prescribed in item 2 article 7 Decree number 16/2010/ND-CP.
 Article 10. Claims expenses, valuation assessment back case pursuant to the provisions in paragraph 3 Article 18 of law TNBTCNN, the complainant has the right to complain the Agency is responsible for paying compensation valuation, inspection costs.
Article 11. Complaints procedure for the transfer of implementation to decide compensation for victims complain the implementation procedure of transfer of settled compensation for victims is done when one of the following: 1. The decision to transfer compensation for victims not belonging to one of those specified in item 1 article 10 Decree No. 16/2010/ND-CP;
2. The transfer of compensation decisions not correct as defined in clause 2, clause 3 and clause 4 Article 10, Decree No. 16/2010/ND-CP article 12. The complaint the implementation procedure of return of assets complain the implementation procedures for the return of property is made when one of the following: 1. the time limit of 5 working days from the date of seizure, detention decisions, levy, seizure was cancelled that agencies have that decisions not to send notification in writing to the person who suffered the damage of the the return of the property as defined in paragraph 1 article 11, Decree No. 16/2010/ND-CP;
2. The property was returned to victims not right on the number, volume and other characteristics according to the decision of the authorized State agencies.
Article 13. The complaint the complainant compensation money paid the compensation payment is made when one of the following: 1. the time limit of 5 working days from the date of receiving the compensation funds by financial institutions that supply the authorities responsible for compensation does not make the payment of compensation for the victims or relatives of victims;
2. The Agency has responsibility for compensation is not made properly deal with victims on the form, the method of payment.
Article 14. Complain to the review of refund liability

Complain to the review of the responsibility to refund is made when one of the following bases: 1. Participants the Board consider improper refund liability component as defined in clause 2 article 13 of Decree 16/2010/ND-CP;
2. working methods of the Council to consider the liability repaid not made under the provisions of article 15 of Decree 16/2010/ND-CP;
3. the refund decision determines the level of the refund and the refund method does not match the extent of the damage, the extent of the problem and the economic conditions of the people on duty are responsible for reimbursing or determining the level of reimbursement is incorrect according to the provisions of article 16 of Decree number 16/2010/ND-CP;
4. The person on duty has the responsibility to refund not received the refund decision.
Chapter III COMPLAINTS and ENFORCE the DECISION RESOLVING the COMPLAINT LEGAL EFFECT to article 15. Authority to resolve complaints the compensation settlement, considering the liability repaid in administrative management activities 1. The authority of the people's Committee Chairman and township level heads in district level people's Committee Chairman of the people Committee (hereinafter referred to as PPC) social; The heads of agency-level PEOPLE'S COMMITTEES have the authority to resolve the complaint first for administrative decisions, administrative acts, of the person in charge of direct management by themselves in the resolution of the claim, considering the liability repaid in administrative management activities.
2. The authority of the President to grant the district a) complaint resolution first for administrative decisions, administrative acts in the resolution of the claim, considering the liability repaid in administrative management activities;
b) complaint resolution times two for administrative decisions, administrative acts of the Chairman granted the commune PEOPLE'S COMMITTEE in the agency heads at district level first but resolved the complaint or complaints for the first time limit has expired but not yet addressed in the resolution of the claim, considering the liability repaid in administrative management activities.
3. The authority of the heads of Department and agency level heads in the Department level has the authority to resolve the complaint first for administrative decisions, administrative acts of himself, of his servants, officers administered directly in the settlement of compensation , considering the liability repaid in administrative management activities.
4. The authority of the Director of Department level a) complaint resolution first for administrative decisions, administrative acts of himself, of his servants, officers administered directly in the resolution of the claim, considering the liability repaid in administrative management activities;
b) complaint resolution times two for administrative decisions, administrative acts of the Department heads and the equivalent has settled the first but also the complaint or complaints for the first time limit has expired but not yet addressed in the resolution of the claim, considering the liability repaid in administrative management activities.
5. The authority of the provincial PEOPLE'S COMMITTEE Chairman a) complaint resolution first for administrative decisions, administrative acts in the resolution of the claim, considering the liability repaid in administrative management activities;
b) complaint resolution times two for administrative decisions, administrative acts of the President, the Director of the facility level has settled the first but also the complaint or complaints for the first time limit has expired but not yet addressed in the resolution of the claim, considering the liability repaid in administrative management activities.
6. The authority of the heads of ministerial-level agencies in resolving a complaint first for administrative decisions, administrative acts of himself, of his servants, officers administered directly in the resolution of the claim, considering the liability repaid in administrative management activities.
7. The authority of Ministers, heads of ministerial agencies a) complaint resolution first for administrative decisions, administrative acts of himself, of his servants, officers administered directly in the resolution of the claim, considering the liability repaid in administrative management activities;
b) complaint resolution times two for: administrative decisions, administrative acts of the provincial PEOPLE'S COMMITTEE Chairman have content management under the authority of the State, the industry has settled the first but also the complaint or complaints for the first time limit has expired but not yet addressed in the settlement of compensation , considering the liability repaid in administrative management activities;
Administrative decisions, administrative acts of Heads of ministerial-level agencies in the open for the first but also the complaint or complaints for the first time limit has expired but not yet addressed in the resolution of the claim, considering the liability repaid in administrative management activities.
Article 16. Authority to resolve complaints the compensation settlement, considering the responsibility to refund in Agency organized by industry, field 1. Agency heads are responsible for compensation have jurisdiction with respect to the first complaint to administrative decisions, administrative acts of himself, of his servants, officers administered directly in the resolution of the claim, considering the liability repaid in administrative management activities and the enforcement of civil judgments.
2. superior heads the Agency's direct appeal was first prescribed in paragraph 1 of this article has the authority to resolve the complaint the second time against administrative decisions, administrative acts of direct subordinate agencies had to settle for the first but also the complaint or complaints for the first time limit has expired but not yet addressed in the resolution compensation, consider the liability repaid.
Article 17. Time limit complaints 1. Time limit complaints the compensation settlement, considering the first repayment responsibility was implemented according to the provisions of article 28 of law complaints in 2011.
2. The time limit for appeal the settlement compensation, consider the second repayment responsibility was implemented according to the provisions of article 37 of law complaints in 2011.
3. in case of appeal of administrative decisions, administrative acts in the resolution of the claim, considering the liability repaid was accepting, the time of the complaint, complaint resolution is not included in the term compensation, consider the liability repaid.
Article 18. Order and procedure for complaint resolution process, complaint resolution procedures including: accepting the complaint resolution, verify the content of the complaint, the dialogue, the organization that issued the complaint resolution decision, send the complaint resolution decision, file complaints, urgent measures to be taken under the provisions of the law on complaints.
Article 19. The second complaint or sue the administrative case 1. Within a period of 30 days from the date of expiry of appeal prescribed in clause 1 article 17 this joint circular that first complaint not resolved or since the date of the complaint resolution decision the first time that the complainant does not agree has the right to complain to the person who has the authority to resolve the complaint the second time; for the remote areas difficult travel, the time limit may be extended but not more than 45 days.
The case of the second complaint, the complainant must submit the enclosed decision on the first appeal, the relevant documents to the competent person to resolve the complaint the second time.
2. Expiry of appeal prescribed in clause 1 article 17 this joint circular that first complaint not resolved or the complainant does not agree with the decision to settle the complaint first, then have the right to sue the Administrative Executive lawsuit in the Court under the provisions of the law on administrative proceedings.
Article 20. Check the administrative decisions, administrative acts in the resolution of the claim, considering the liability repaid 1. After accepting the complainant, who has the authority to resolve the complaint must first check the administrative decisions, administrative acts of himself, of his responsibility to direct management.
2. content check includes: a) legal bases issued administrative decisions, administrative acts;
b) Authority issued administrative decisions, administrative acts;
c) content of administrative decisions, the implementation of administrative acts;
d) sequence, procedure, Protocol and presentation techniques of administrative decision;
DD) other contents (if any).
3. After the check, if the complaint is true, who has the authority to resolve the complaint first decided to resolve complaints immediately.
4. in case of not have the basis to conclude the content of the complaint, the person who has the authority to resolve a complaint yourself, first proceed to verify the contents of the complaint or to the same level of State Inspection Agency, organization, or individual has the responsibility to verify the content of the complaint recommendations to resolve the complaint.
Article 21. Established the Advisory Council 1. For complex cases, the authority to resolve the complaint the second time it deems necessary, may decide to establish the Consultative Council to resolve complaints.
2. the Advisory Council component complaints include: a) the President of the Council is head of complaint resolution times two;
b) agency heads are responsible for resolving complaints for the first;
c) State Management Agency about the same level of compensation the Agency complaint resolution times two;
d) representatives made the settlement of compensation;
DD) organization representative Union bodies responsible for compensation;
e) representation of the relevant agencies (if any);
g) other people if it deems necessary.
3. duties and powers of the Council to resolve the complaint a) research profile service complaints;
b) review, reviews of the first complaints;
c) recommendations to the heads of the Agency complaint resolution two times to resolve complaints.
4. the working methods of the Council to resolve the complaint

a Board meeting only when available) from 2/3 of the total members of the Board are present;
b) in the course of discussion and decision, the members of the Board must objectively, democracy and compliance with the law;
c) the minutes of the meeting of the Council must be reviewed through the Council and the President of the Council;
d) in the case of need, the Council could invite the complainant to attend meetings of the Council;
DD) the Council dissolved itself after the completion of the task.
Article 22. Sue expiry of administrative lawsuit complaint resolution prescribed in clause 2 article 17 this joint circular that complaints not resolved or the complainant does not agree with the decision to settle the complaint the second time you have the right to sue the Government case in court under the provisions of the law on administrative proceedings.
Article 23. Decision on complaint resolution in force the law 1. Decision on complaint resolution first takes effect after 30 days from the date of signing the issued that the complainant did not appeal the second; for the remote areas difficult travel, the time limit may be extended, but not more than 45 days.
2. The decision to solve the complaint for the second effect after 30 days from the date of signing; for the remote areas difficult travel, the time limit may be extended, but not more than 45 days.
3. where the complainant does not agree with the decision to settle the complaint shall have the right to sue the administrative lawsuits in the courts under the provisions of the law on administrative proceedings.
4. The decision to appeal the settlement compensation, consideration of liability to refund in force the law have enforceable right.
 
Article 24. People have a responsibility to make decisions to resolve the complaint in force the law 1. Agency heads are responsible for compensation were complaining.
2. The representative of the body responsible for compensation.
3. The victims, people on duty are responsible to reimburse claims.
4. Agencies, organizations and persons have the right, the obligation concerned.
Article 25. Enforcement of the decision to settle the complaint 1. Agency heads are responsible for compensation have complaint resolution is responsible for directing agencies, organizations, individuals in the organization management rights to enforce the decision to appeal the settlement compensation, consider the effect refund liability law; where necessary, request the competent authorities to take measures to ensure the enforcement of the complaint resolution decision has the force of law; organized or hosted, in cooperation with the Organization, authorities implemented measures to restore the rights, legitimate interests of the complainant; recommendations the Agency, other organization to solve the problems related to the enforcement of the decision resolving the complaint (if any).
2. When the complaint resolution decision has the force of law, the complainant, who has the right, relevant obligations responsibly: a) in coordination with the authorities responsible for compensation made restoring the rights, legitimate interests of his administrative decisions, administrative acts of unlawful infringement;
b) Executive administrative decisions, administrative acts complained of were the competent bodies complaints acknowledged administrative decisions, administrative behaviour which is lawful.
3. Within the scope of its powers, duties, authority, organization or individuals involved are responsible for observance of the administrative decisions of the competent authority to enforce the decision resolving the complaint effective law; in collaboration with agencies, organizations, individuals with authority in organizing the implementation of the decision to appeal the legal effect when requested.
Chapter IV the TERMS OF IMPLEMENTATION of Article 26. Effective enforcement of this circular effect since 31 March 2014.
Article 27. Responsible for enforcing and implementation 1. The Ministry of Justice, Ministry of defence, government inspectors and the Agency are responsible for compensation, the State administration on work compensation in administrative management activities, civil enforcement agencies, relevant organizations responsible for the implementation of this circular.
2. During the implementation process if there are difficulties and obstacles, personal recommendations, the Organization reflecting on the Ministry of Justice to coordinate with the Ministry of defence, research, government inspectors resolve./.