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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FRANCO-FRANCO-SECRETARY OF STATE.
Number: 06 /2014/TTLT-BTP-TTCP-BQP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, February 14, 2014

FEDERAL INFORMATION

The guidance of the complaint, addressing the state compensation complaint

in the operation of administrative administration and civil execution competition

____________________

State compensation Law Base June 18, 2009;

The Law Base pleaded November 11, 2011;

Base of Protocol 16 /2010/NĐ-CP March 3, 2010 of the Government rules the details and guidelines for some of the provisions of the State ' s Compensation Liability Law;

Base of Protocol 75 /2012/NĐ-CP October 3, 2012 of the Government rules out certain provisions of the Law.

The Minister of Justice, General Inspector General of the Government, Minister of Defense of the Ministry of Defence of the Ministry of Defence of the Ministry of Foreign Affairs of the Ministry of Foreign Affairs instructs the complaint, addressing complaints of state compensation in administrative management and civil executions.

Chapter I

COMMON RULES

What? 1. The adjustment range

This federated information guide the complaint and resolve the complaint to the administrative decision, the administrative conduct of the body responsible for compensation, who has jurisdiction in the settlement of the compensation, which considers the responsibility of reimbursable in operation. the administrative administration and execution of the civil court.

What? 2. Subject applies

This link is applied to:

1. The complaint;

2. The person with the damage, the individual, the organization involved in the complaint;

3. The state governing body for compensation work;

4. The Agency has a responsibility for compensation;

5. The person with the authority to resolve the complaint and the individuals, the organization, the agency that is involved in the settlement of the complaint in the settlement of the compensation, consider the responsibility of reimbursable in administrative management and civil execution.

What? 3. The principle of determining the authority to resolve the complaint

1. The head of the body responsible for compensation is responsible for resolving the first complaint against the administrative decision, his administrative conduct and the officer's conduct, the authority under the jurisdiction of his administration directly in the settlement of compensation, consider the responsibility of reimbursable in administrative management and civil execution.

2. Head of the agency ' s directly subordinate authority at paragraph 1 This has the authority to resolve the second complaint against the decision to resolve the first complaint of the agency in charge of subordinate compensation.

Chapter II

SETTLEMENT COMPLAINT

COMPENSATION, CONSIDER REIMBURSABLE RESPONSIBILITY

What? 4. Complexation

1. When a base suggests that administrative decisions, administrative conduct in settlement of compensation, consider the responsibility of reimbursable in administrative management and civil execution of law, directly to the right, legal interests. For example, the person who lodged a complaint first came to the person who made the administrative decision or the agency whose administrative conduct or the prosecution of the administrative case in the Court by the provisions of the Law of Litigation Law.

The case of the complaint disagrees with the decision to resolve for the first time or the deadline stipulated that the unresolved complaint has the right to plead the second time to the direct-level Prime Minister of the competent person to resolve the initial complaint. or sue the administrative case in the Court as prescribed by the Administrative Proceedings.

The case of the complaint disagrees with the decision to resolve the second or expiration of the specified deadline for which the complaint is not resolved, the right to sue the administrative case in the Court by the provisions of the Administrative Proceedings.

2. For the administrative decision, administrative action in the settlement of compensation, consider the responsibility of reimbursable in administrative management and civil execution of the minister ' s civil execution, the head of the peer-agency (later called the Minister). a complaint of a complaint to the Minister or to sue the administrative case in the Court by the provisions of the Administrative Proceedings.

The case of the complaint does not agree with the decision to resolve the Minister's complaint or the statute of limitations on which the complaint is not resolved, the right to sue the administrative case in the Court by the provisions of the Administrative Proceedings.

3. For the administrative decision, administrative action in the settlement of compensation, consider the responsibility of reimbursable in the administrative management operation and the civil execution of the Chairman of the Provincial People ' s Committee, the Central City of Central (later called). For example, it is a complaint to the President of the Provincial People's Committee or to sue the administrative case in the Court as prescribed by the Law of Administrative Litigation.

The case of the complaint disagrees with the decision to resolve the first complaint of the Chairman of the Provincial People ' s Committee, or expiration of the statute deadline that the unresolved complaint has a second complaint to the Minister of Industry Management, the field. or sue the administrative case in the Court as prescribed by the Administrative Proceedings.

The case of the complaint does not agree with the decision to resolve the Second Minister or expiration of the statute of limitations on which the complaint is not resolved, the right to sue the administrative case in the Court by the provisions of the Administrative Proceedings.

What? 5. Penal complaint

The form of the complaint of the settlement of compensation, which considers the responsibility of reimbursable executed by regulation at Article 8 of the 2011 Complaint Act.

What? 6.

The time of the complaint of the settlement of the compensation, considering the responsibility of reimbursable in administrative management and civil execution of 90 days, since the date of receiving administrative decisions or knowing of administrative decisions, administrative actions.

The case of a person who complaint does not exercise the right to complain in a timely manner because of the illness, natural disasters, the enemy, traveling, learning at the distance, or because of the other objective obstacles that have the valid papers as a basis for proof, the time has become. No, that's not going to count on the complaint.

What? 7. Withdraw complaints

The complaint may withdraw the complaint at any time during the complaint and resolve the complaint; the withdrawal of the complaint must be made by the application with the signature or the complaint of the complaint; the application to withdraw the complaint must be sent to the judge. The right to resolve the complaint.

The person with the authority to resolve the complaint when receiving a complaint is suspended, the suspension of the complaint by the issue of the decision to suspend the complaint and submit the decision to suspend the complaint to the complaint.

What? 8. The case of filing a claim for compensation

1. The complaint of the employment of the case requires compensation to be made when there is one of the following bases:

a) The filing requires a full and valid compensation by the rule of law but the body responsible for compensation does not resolve and does not have an informed text for the complaint or does not instruct persons to submit a complaint to the competent authorities. The decision

b) The filing requires an incomplete compensation but expires at the time of the 5 working days, since the date of the filing, the body responsible for compensation does not instruct the addition of the compensation required.

2. The case of a case of filing a complaint requires compensation to be treated, resolved, the time of the complaint, which settled the uncharged complaint at the time of the required compensation required at Article 5 the State Compensation Liability Law (later). It's called TNBTCNN.

What? 9. A complaint to the delegate execution of the compensation settlement.

The complaint that the delegate to do with the settlement of the compensation is done when there is one of the following bases:

1. The Agency with the responsibility of the compensation does not send the agent to do the settlement resolution by regulation at paragraph 1 Article 7 of the number of Decree Numbers 16 /2010/NĐ-CP March 03, 2010 of the Government rules the details and guidelines for some of the provisions of the TNBTCNN Law (later called the Digital Protocol). 16 /2010/NĐ-CP);

2. The person appointed by the chancellor is responsible for the compensation of the execution of the compensation settlement, which does not have all the conditions under the provisions at paragraph 2 Article 7 of the number. 16 /2010/NĐ-CP.

What? 10. The complaint costs the cost of valuation, redefining

The case is based on a 3 Article 18 of the TNBTCNN Act, who claims to have the right to complain about the responsibility of the jury to pay the cost of the cost, recharge.

What? 11. The complaint of the implementation of the transfer procedure decides compensation for the injured man.

The complaint of the implementation of the transfer procedure decides the compensation for the damaged person to be carried out when there is one of the following bases:

1. The transfer person decides to resolve the compensation to the person who is harmed not in one of those prescribed at 1 Article 10 The number of Protocol 16 /2010/NĐ-CP;

2. The transfer of the compensation settlement decision is not correct by regulation at paragraph 2, paragraph 3 and paragraph 4 Article 10 of the Digital Protocol 16 /2010/NĐ-CP.

What? 12. plead the execution of the procedure to return property

The complaint of the implementation of the procedure to return the property is made when there is one of the following bases:

1. Over the five-day period of work, since the date of the decision to capture, hold on, the receipt, the receipt of cancellation that the agency has made those decisions did not send a written notice to the person who was damaged by the return of the property in accordance with Article 11. Number Protocol 16 /2010/NĐ-CP;

2. The property is returned to the person with the wrong amount of damage, volumes and other characteristics according to the decision of the competent state agency.

What? 13.

The complaint of paying the compensation is made when there is one of the following bases:

1. Over the five-day period of employment, since the date of receiving compensation funding provided by the financial agency the body responsible for compensation does not make the payment of the damages to the person with the damage or the body of the damaged person;

2. The body responsible for compensation does not make the right deal with the person suffering from the form of the damage, the method of pay.

What? 14. Completo review of reimbursable responsibility

A review of the review of reimbursable responsibility is made when there is one of the following bases:

1. The participants of the Council consider the non-correct completion of the order at paragraph 2 Article 13 of the number of Protocol 16 /2010/NĐ-CP;

2. The working method of the Council considering the reimbursable responsibility is not done by regulation at Article 15 Digital Protocol 16 /2010/NĐ-CP;

3. The reimbursable decision determines the return level and the return method is not consistent with the extent of the damage, the level of error and economic conditions of the execs responsible for reimbursable or determining the correct level of reimbursable reimbursable at Article 16 Digital Decree 16 /2010/NĐ-CP;

4. The execs whose responsibility is not receiving the return decision.

Chapter III

ADDRESSING THE COMPLAINT AND ENFORCEMENT OF THE DECISION TO RESOLVE THE COMPLAINT WITH LAW ENFORCEMENT

What? 15. The authority to resolve the complaint of the settlement of compensation, consider the responsibility of reimbursable in administrative management operation

1. The jurisdiction of the Chairperson of the Social People 's Committee and the agency Chief of the District People' s Committee

The chairman of the People's Committee (later known as UBND) granted the commune; the chief minister of the district-level UBND has the authority to resolve the initial complaint against the administrative decision, his administrative behavior, of the person responsible for his direct management. in settlement of compensation, consider the responsibility of reimbursable in administrative management.

2. The jurisdiction of Chairman of the District of UBND

a) Address the first complaint against the administrative decision, its administrative conduct in the settlement of compensation, which considers the responsibility of reimbursable in administrative management activities;

b) Resolve a second complaint against the administrative decision, administrative action of the chairman of the township UBND, the district chief minister of UBND granted the first time but also the complaint or complaint has expired but has not yet been resolved. decision in the settlement of compensation, consider the responsibility of reimbursable in administrative management.

3. The jurisdiction of the Head of the Agency and the equivalent rank

The Chief Minister of the Department and the equivalent grant authority to resolve the initial complaint against the administrative decision, his administrative conduct, of the cadre, the civil administration directly administered by himself in the settlement of the compensation, considering the responsibility of responsibility. reimbursable in administrative management activity.

4. The jurisdiction of the Director of the Department and the equivalent

a) Resolve the initial complaint against the administrative decision, its administrative conduct, of the cadres, the public that is directly administered in the settlement of compensation, considering the responsibility of reimbursable in administrative management;

b) Resolve the second complaint against the administrative decision, the administrative conduct of the Chief of the Agency and the equivalent of the equivalent first resolved but also the complaint or complaint has expired but has not been resolved in the case. solved compensation, consider the responsibility reimbursable in administrative management activity.

5. UBND chairman ' s jurisdiction

a) Address the first complaint against the administrative decision, its administrative conduct in the settlement of compensation, which considers the responsibility of reimbursable in administrative management activities;

b) Resolve a second complaint against the administrative decision, administrative conduct of the Chairman of the district UBND, the Director of the Department and the equivalent of the equivalent of the settlement, but also the complaint or complaint has expired but has not been resolved. in settlement of compensation, consider the responsibility of reimbursable in administrative management.

6. The authority of the office of the Minister of the Agency, of the peer-based agency

Addressing the first complaint against administrative decisions, its administrative actions, of the cadres, the public that was directly administered in the settlement of compensation, reviewed the responsibility of reimbursable in administrative management.

7. Minister ' s authority, Prime Minister of the opposite

a) Resolve the initial complaint against the administrative decision, its administrative conduct, of the cadres, the public that is directly administered in the settlement of compensation, considering the responsibility of reimbursable in administrative management;

b) Resolve the second complaint against:

The administrative decision, administrative action of the chairman of the provincial UBND with content under the ministry ' s state governing jurisdiction, the industry settled for the first time but also the complaint or complaint had expired but has not been settled in the solution. Compensation, consider reimbursable in administrative management activities;

The administrative decision, the administrative action of the Minister of the Colonial Office, of the peer-to-peer agency, settled for the first time, but the complaint or complaint was expired at the time but was not resolved in the settlement settlement, considering the responsibility. the return assignment in administrative management.

What? 16. The authority to resolve the complaint of the settlement of compensation, review of reimbursable responsibility in the agency organized by industry, sector

1. The head of the body responsible for compensated for the authority to resolve the initial complaint against the administrative decision, his administrative conduct, of the cadre, the civil administration directly administered by himself in the settlement of compensation, review of responsibility. returns in administrative management and civil execution.

2. Head of the body-to-direct authority of the agency addressing the initial complaint under the stipulation at paragraph 1 This has the authority to resolve the second complaint against the administrative decision, the administrative action of the subordinate authorities directly addressed the decision. decision for the first time but the complaint or complaint for the first time has expired but has not been resolved in the compensation settlement, considering the responsibility of reimbursable.

What? 17. The deadline for resolving the complaint

1. The deadline for the settlement of the settlement of the compensation settlement, consideration of the first reimbursable responsibility was made in accordance with the provisions at Article 28 of the 2011 Complaint Laws.

2. The deadline for the settlement of the settlement of the compensation settlement, review of the second reimbursable responsibility was made in accordance with the provisions at Article 37 of the 2011 Complaint Laws.

3. The case of a complaint of administrative decision, administrative action in the settlement of the compensation, which considers the responsibility of reimbursable, the time of the complaint, the resolution of the complaint does not count on the compensation settlement deadline, review of responsibility All right.

What? 18. The procedure, the procedure to resolve the complaint

The procedure, the procedure for resolving the complaint: the complaint resolution of the complaint, verification of the complaint content, the organization of the dialogue, the decision to resolve the complaint, submit the decision to resolve the complaint, the filing of complaint resolution, the application of emergency measures. is done according to the law of the complaint.

What? 19. Second ballot or start of the administrative case

1. In the 30-day period, since the expiration of the statute of limitations stipulated at paragraph 1 Article 17 of this federation that the first complaint has not been resolved or since the date received the decision to address the first complaint the complaint has. It is not agreed that there is a right to appeal to the person who has the authority to resolve the second complaint; for the region, the remote area is difficult, the deadline may be extended but not more than 45 days.

In the case of a second complaint, the complaint must submit a complaint with the decision to resolve the initial complaint, the relevant documents for the person with the authority to resolve the second complaint.

2. The expiration of a regulatory complaint stipulated at 1 Article 17 of this federation that the first complaint unresolved or the complaint disagrees with the decision to resolve the complaint for the first time is the right to sue the government administrative case. in the Court by the provisions of the Administrative Proceedings.

What? 20. Check out the administrative decision, administrative action in the settlement settlement, consider the responsibility of reimbursable.

1. After the complaint of the complaint, the person with the authority to resolve the first complaint must examine the administrative decision, his administrative behavior, of the person responsible for direct management.

2. The audit content includes:

a) The legal entity that issued the administrative decision, made administrative action;

b) The authority to issue administrative decisions, to take administrative action;

c) The contents of the administrative decision, the implementation of administrative action;

d) The order, the promulgable procedure, the format and the technical presentation of the administrative decision;

) Other content (if any).

3. After the review, if the complaint is correct, the person with the authority to resolve the complaint was first decided to resolve the complaint immediately.

4. The case has not yet had a complaint basis for the complaint, the person with the authority to resolve the complaint for the first time in order to verify the complaint of the complaint or give the state inspection agency to the same level or agency, organization, personally responsible. The content of the complaint, the petition to resolve the complaint.

What? 21. Founded the Advisory Council

1. For the complex incident, who has the authority to resolve the complaint of the second time it is necessary, it is possible that the decision to form the Advisory Council for the Complaint Settlement.

2. Component of the Advisory Advisory Council for the complaint includes:

a) Chairman of the Council is the chief of the body to resolve the second complaint;

b) The body chief is responsible for resolving the first complaint;

c) The state governing body for compensation and the agency grant resolution of the second complaint;

d) The representative performed the settlement settlement;

Representative of the Company's Company is responsible for compensation;

e) The representative of the relevant agency (if any);

g) Others if you see the need.

3. The mandate, the powers of the Advisory Board to resolve the complaint

a) Study of the complaint of the complaint;

b) Review, assessment of the first settlement of the complaint;

c) The petition with the Chief of the Authority to address the second complaint about the direction of the complaint settlement.

4. The working method of the Advisory Council addressed the complaint

a) The assembly only meets when there are two-thirds of the total council members present;

b) In the process of deliberation and decision, the members of the Council must be objective, democratic, and subject to law;

c) The border of the Council meeting must be reviewed by the Council for the passage and the Chairman of the Board;

d) In the case of necessity, the Council may invite the complaint to attend the Council meeting;

The Council itself dissolved upon completion of the mission.

What? 22. Launch of administrative case

The expiration of the resolution of the complaint stipulated at paragraph 2 of Article 17 of this federation that the complaint was not resolved or the complaint disagrees with the decision to resolve the second complaint, which has the right to sue the administrative case in Court. the provisions of the Administrative Proceedings.

What? 23. The decision to resolve the complaint with law validity

1. The decision to resolve the complaint comes into effect after 30 days, since the date of the issue that the complaint has not lodged a second time; for the deep, far-left region difficult, the deadline may last but not more than 45 days.

2. The decision to resolve the second complaint comes into effect after 30 days, since the date of the issue; for the deep zone, the remote area is difficult, the deadline may last longer but not more than 45 days.

3. The case of the complaint of the complaint does not agree with the decision to resolve the complaint, which has the right to initiate administrative cases in the Court under the provisions of the Administrative Proceedings.

4. The decision to resolve the claim of the settlement of compensation, considering the responsibility for the refund of the law is effective immediately.

What? 24. The person with responsibility to execute the decision to resolve the complaint with law enforcement

1. The head of the agency is responsible for the complaint of the complaint.

2. The representative of the agency is in charge of compensation.

3. The person with the damage, the execs of the job is liable to reimbursate the complaint.

4. Agency, organization and human rights, the obligation involved.

What? 25. enforce the decision to resolve the complaint

1. The head of the body responsible for compensation has settled the complaint responsible for directing the agency, the organization, the individual who is in the administration of the organization to address the decision to resolve the compensation settlement, consider the full refund responsibility. Law enforcement; the case is necessary, requiring the authorities to take measures to ensure the enforcement of the decision to resolve the decision to resolve the law; the organization is enforced or chaired, in coordination with the organization, the body of the right to implement the measure. restoring the right, the legitimate interests of the complaint; the agency petition, the other organization addressing the problems associated with the enforcement of the law. decision to resolve the complaint (if any).

2. When the decision to resolve the complaint with the law of law, the complaint, who has the right, the relevant obligation is responsible:

a) Coordinated with the agency responsible for the restoration of the restoration of the right, the legitimate interests of which have been executed, the law of trespassing.

b) Accept of administrative decision, administrative action accused of having the authority to resolve the complaint recognizes the administrative decision, the administrative act is legally correct.

3. Within the scope of the mission, its powers, the agency, the organization, the relevant individual responsible for the administrative decisions of the competent authorities to enforce the decision to resolve the complaint with the law of law; in coordination with the agency, the organization. An individual who has jurisdiction in organizing the decision to address the decision to resolve the complaint has legal effect upon being asked.

Chapter IV

EXECUTION CLAUSE

What? 26.

This joint venture has been in effect since 31 March 2014.

What? 27.

1. The Ministry of Justice, Department of Defense, Government Inspects and Compensated Authorities, the state governing body for compensation work in administrative management activities, civil court executions, agency, relevant organization responsible for enforcement of the law enforcement of the government. This is a private venture.

2. In the course of execution if there is difficulty, entangrium, personal offer, the organization reflects on the Ministry of Justice to coordinate with the Ministry of Defense, Inspector of Government Studies, resolution ./.

KT. Minister of Justice.
Chief.

KT. STATE INSPECTOR GENERAL
Deputy Inspector General

KT. SECRETARY OF DEFENSE
Chief Minister.

(signed)

(signed)

(signed)

Central Ding.

Nguyen Van Thanh

Nguyen Castle