Circular 04/2014/ttlt-Btp-Tandtc-Vksndtc: Guide The Implementation Of The Responsibility To Refund Of The Duty

Original Language Title: Thông tư liên tịch 04/2014/TTLT-BTP-TANDTC-VKSNDTC: Hướng dẫn thực hiện trách nhiệm hoàn trả của người thi hành công vụ

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THE FRANCO-PRUSSIAN JUSTICE DEPARTMENT OF THE SUPREME COURT OF THE SUPREME PEOPLE ' S GOVERNMENT
Number: 04 /2014/TTLT-BTP-TANDTC-VKSNDTC
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, January 23, 2014

FEDERAL INFORMATION

Instructions to perform the responsibility of the execs of the execs

_________________________

State compensation Law Base June 18, 2009;

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;

Minister of Justice, Chief Justice of the Supreme People 's Court, the Supreme People' s Institute for the Supreme People ' s Board of Public Affairs issued guidelines for the execution of the reimbursable responsibility of the execs of the service.

Chapter I

COMMON RULES

What? 1. The adjustment range

1. This federated information is instructed to enforce certain provisions of the State Compensation Liability Law (later abbreviated as the TNBTCNN Law) on the responsibility of the return of the execs.

2. The review of the reimbursable responsibility of the service execs in the civil proceedings operation, the administrative proceedings are carried out as stipulated at the Digital Federal Information. 01 /2012/TTLT-TANDTC-VKSNDTC-BTP September 18, 2012 of the Supreme People 's Court, the Supreme People' s Examination Institute and the Ministry of Justice guide the implementation of the State ' s Compensation Accountability in civil litigation, the administrative proceedings (the following abbreviated as the Relevant Digital). 01 /2012/TTLT-TANDTC-VKSNDTC-BTP).

In the case of having the content involved in considering the reimbursable responsibility of the service execs in the civil proceedings, the administrative proceedings have not yet been regulated at the Digital Federal Information. 01 /2012/TTLT-TANDTC-VKSNDTC then apply the relevant regulations at this Federal Information.

What? 2. Subject applies

This joint venture is applied to the state governing body for compensation work in administrative management and execution of law enforcement, the administration of the compensation management body in litigation, authorities responsible for compensation, the relevant agency, and the relevant authorities. in the implementation of the reimbursable responsibility, the person with the responsibility of reimbursable and the agencies, organizations, other individuals stipulated at this Relevant Information.

What? 3. Explain words

In this Relevant Information, the words below are understood as follows:

1. Trying to cause damage is the case that a person who is aware of his behavior will cause damage to others that still perform and wish or may not wish but to wear for the damage to occur;

2. Inprobable cause of damage is the case a person who does not foresee his behavior is likely to cause damage, although it must be known or whether the damage will occur or see before his behavior is potentially damaging, but given that the damage will be fatal. does not occur or can prevent;

3. The person with the responsibility of reimbursable is the person who execs the illegal behavior that causes damage to the organization, the individual who damages the compensation of the State;

4. The relevant agency in the implementation of the return responsibility is the direct body that manages the execs of the job in the case of the person who execs the case with the same damages but is not the agency responsible for compensation.

What? 4. The mandate, the authority of the agency is responsible for compensation in considering the reimbursable responsibility of the execs.

1. Watch, direct the Council to consider the responsibility to fulfill the review of the return responsibility of the execs of the service.

2. The relevant agency ' s coordination with coordination of the review of the return responsibility of the execs that caused the damage in the case of the execs of the public who caused the damage to the agency directly or in the case of a person. You know, the administration of the administration has shifted its business to another agency.

3. In the case of necessity, the body responsible for compensation may apply to the opinions of the relevant authorities in considering the return responsibility of the execs of the service.

4. Make the decision to complete by regulation at Article 17 Digital Protocol 16 /2010/NĐ-CP March 03, 2010 of the Government rules the details and guidelines that enforce certain articles of the State ' s Compensation Liability Law (later abbreviated as Protocol No. 1). 16 /2010/NĐ-CP).

5. Resolve the complaint of the person in charge of reimbursable in the case of the person who disagrees with the return decision and the complaint of that Decision by the rule of law.

6. Join the proceedings in the Court as a defendant in the case of a person who is responsible for the return of the return decision.

7. Announces the implementation of the return liability under the Reimbursable Decision has taken effect under the regulation at this Federal Information.

8. Report the review of the reimbursable responsibility of the prescribed service execs at this Federal Information.

9. The authority report has jurisdiction over the person in charge of the non-legacy reimbursable responsibility for their heirs to carry out the prescribed reimbursable responsibility at this Federal Information.

10. The event requires the execs to have the responsibility of reimbursable execution of the prescribed refund obligation at this Federal Information.

11. Ask the law enforcement agency to enforce the sentence that has the legal effect of a Court of Sentences charged with reimbursable execution of the return obligation.

What? 5. The mandate, the powers of the relevant authorities in consideration of the reimbursable responsibility of the execs.

1. Coordinate with the body responsible for compensation for consideration of the return responsibility of the execs at the request of the body responsible for compensation.

2. A direct unit of direct unit management management of the execs that has caused the damage to the Council considering the regulatory responsibility review at Point 2 Article 13 Decree No. 13. 16 /2010/NĐ-CP.

3. The foreman who has the responsibility of reimbursable by the management of the reimbursable decision by the return decision has been given to the effect of law enforcement by the authorities in the case of the jury in which he caused the damage to the regulations at the same time. Paragraph 2 Article 57 TNBTCNN.

4. The foreman who has the responsibility of reimbursable because he manages to take charge of reimbursable decisions has been given the effect of law enforcement by the authorities in the case of the responsibility of the government. Compensation to your body by regulation at paragraph 2 Article 20 of the number of Decree Numbers 16 /2010/NĐ-CP.

Chapter II

SEQUENCE, PROCEDURE REVIEW PROCEDURE

JOB EXECS REIMBURSABLE

What? 6. Founded the Board to consider the reimbursable responsibility of the execs

1. Shortly after the completion of the payment of the compensation, the head of the body responsible for compensated the decision to set up the Board considers the reimbursable responsibility to determine the reimbursable responsibility, the reimbursable level for the execs. There ' s a scale of damage in the Article 58 of the TNBTCNN Law and One Article 13 Decree Number One. 16 /2010/NĐ-CP.

2. Component of the Council review of reimbursable responsibility includes individuals prescribed at paragraph 2 Article 13 Digital Protocol 16 /2010/NĐ-CP.

The case of the agency's governing body that caused the damage did not have direct management, the agency was responsible for the leadership of the leadership of the Council to consider the return of responsibility.

In case of evaluation, determining the level of failure of the person with a refund of the responsibility for the base determines the return rate, then the Council component considers the return responsibility for membership as a specialized legal expert in accordance with the relevant field of work. The law of the law caused the damage.

3. The Council considers the responsibility of reimbursable tasks, its powers by regulation at Article 14 Digital Protocol. 16 /2010/NĐ-CP.

4. The Council considers the responsibility of reimbursable work in Article 15 Digital Protocol. 16 /2010/NĐ-CP.

What? 7. The validation of the execs of the job as the base determines the refund level

1. The Council considers the responsibility of reimbursing the error of the execs on the basis of a written content of the state agency whose authority determines the behavior of the execs to be the legal or the text of the proceedings of the proceedings. the authority to determine the person suffering from the case is compensated by regulation at Article 26 of the TNBTCNN Law.

In the case of the prescribed texts at paragraph 1 This has not yet defined the error of the execs, the Council considers the responsibility to return the base to the documents, the evidence provided by the authorities and the details of the incident to determine the error of the case. who is responsible for the return on the basis of the applicable law of civil law and regulation at paragraph 1, paragraph 2 Article 3 TTLT.

2. The petition for the confirmation of the error of the return liability is made in the form of a closed ballot, and according to the majority principle on the total number of members of the Council consider the responsibility to return.

The number of voting votes is equal, and the confirmation of the execution of the execs shall be determined by the Chairman of the Council for the decision to return the decision.

What? 8. Identilocate reimbursable reimbursable

1. The principle of determining the return level

a) The determination of the return level of the execs performed by regulation at Article 16 and Article 18 of the number of Protocol 16 /2010/NĐ-CP;

b) The return level of the execs determined maximum does not exceed the actual amount of actual money that the State has paid for the damages.

2. determine the return level in case the execs of inadvertincident errors caused the damage.

a) The case of the actual amount of compensation paid is below thirty (30) million, the return level is determined to be a maximum of no more than one (01) of the person's salary at the time of the return of the refund;

b) The case of actual compensation payments paid from thirty (30) million to under one hundred (100) million, the minimum determined level was one (01) months of salary and maximum not too two (02) the person ' s salary at the time of the decision. The job is done.

c) The fact that the amount of actual compensation paid is above one hundred (100) million, the amount of reimbursable is a minimum of one (01) months of salary and maximum of no more than three (03) of the person's salary at the time of the return of the refund.

3. Identitifully reimbursable in the case of a deliberate failure to cause damage but not to the point of being prosecuted criminal responsibility

a) The case of the actual compensation paid is under one hundred (100) million, the minimum determined amount is three (03) months of salary and maximum of no more than twelve (12) of that person's salary at the time of the decision to return;

b) The case of actual compensation paid is from one hundred (100) million to less than five hundred (500) million, the minimum determined level is twelve (12) months of salary and maximum of no more than twenty-four (24) of the person's salary. at the time of the decision to return;

c) The case of the actual compensation paid is above five hundred (500) million, the minimum determined level is twenty-four (24) months of salary and maximum not more than thirty-six (36) of that person ' s salary at the time of the decision. All right.

4. The person 's salary is charged by regulation at Clause 2 and Section 3 of this includes the person' s salary at the time specified in the Reimbursable Decision and other types of subcategories (if any) according to the law of social insurance.

What? 9. Decided Decision Board

1. The deadline, the authority to issue a return decision and the submission of the reimbursable decision is made in accordance with the regulation at paragraph 2 Article 58 TNBTCNN Law.

The case of the body responsible for compensation is the body of the prescribed case at the d point and the point of Article 2 Article 14 of the TNBTCNN Law and the execs responsible for the refund is not directly administered by the agency. It is often required to send a decision to the body directly to the body and the direct agency of that agency.

2. Procedal procedure and responsibility of the competent authority to issue a prescribed reimbursable implementation at Article 17 Digital Protocol. 16 /2010/NĐ-CP.

What? 10. Make the refund

1. The refund is done by regulation at Article 62 of the TNBTCNN Law.

In case to determine whether reimbursable is done once or repeatedly, the Council considers the responsibility of reimbursable based on economic conditions, actual income, the number of subjects that are subject to the scope of the scope under the law of the income tax. The individual's personal input has caused the damage to consider, the decision of the return method.

In the case of necessity, the Council considers the responsibility of the refund that may invite the execs to have caused the damage to the meeting of the Council to consider the return of responsibility.

2. The case of a person who execs the execution of a refund is in a 30-day period, since the date of the return of the decision to the law of law, the person responsible for the refund must pay the sufficient amount of money that has been determined in the return decision.

3. The case of performing reimbursable multiple times the person with the responsibility of reimbursable the amount in the degree and the deadline has been determined in the reimbursable Decision.

What? 11. Responsibility for the execution of reimbursable responsibility

1. After the Reimbursable Reimbursable Decision, the body responsible for compensation is responsible for announcing the execution of the reimbursable responsibility for the person in charge of reimbursable.

The announcement of the maximum execution is no more than three times, the time between the maximum notice is no more than 30 days.

2. The announcement must be done in writing or directly informing the execs of the responsibility of the refund.

In case the announcement is made directly to the person whose responsibility is reimbursable, the notice must be established with the signature of the execs of the execs responsible for reimbursable and informers.

What? 12. Thu, pay reimbursable

1. The recording, filing of reimbursable funds is done by regulation at Article 63 TNBTCNN Law, Article 19 Digital Protocol 16 /2010/NĐ-CP And Article 9 of the Digital League 71 /2012/TTLT-BTC-BTP 09/5/2012 of the Ministry of Finance and the Ministry of Justice rules the establishment of the bill, management, use and decision-making execution of the compensation of the State (the following abbreviated as the Digital Federal Information). 71 /2012/TTLT-BTC-BTP).

2. The capture, submission can be made in the following forms:

a) Np in cash.

The case of a person who execs the charge of reimbursable payment in cash is paying the person in charge of the financial business-accounting at the authorities in charge of compensation.

b) Transfer the money into account at the Treasury of the body responsible for compensation.

The case of the person with the responsibility of reimbursable returns with the form of money transfer to the account at the Treasury of the body responsible for compensation the person in charge of the financial business-the accountant of the responsible body responsible for the responsibility announced the account number at the Agency's Treasury to compensate for the person responsible for reimbursable.

3. For the case of reimbursable employment by subtracing the monthly salary of the execs responsible for reimbursable return, the return payment is made by regulation at Point 2 Article 9 Article 9 of the number of federated 71 /2012/TTLT-BTC-BTP.

What? 13. Responsibility reporting review of reimbursable responsibility

1. During the course of the consideration of the return responsibility, the body responsible for compensation must report to the state agency directly on the following content:

a) The establishment of the Council considers the responsibility of return;

b) The return level and return method;

c) The amount of money returns to the state budget;

d) The complaint or initiation of the return decision (if any).

Accompanying the report must have a copy of the documents that are relevant to the review of the refund responsibility.

2. The case of the body responsible for compensation is the ministry, the peer agency, the government agency and the Provincial People ' s Committee, the Central Municipal City (later abbreviated to the provincial UBND), the report on the review of the refund responsibility. at Clause 1 This is sent to the Ministry of Justice.

3. The body responsible for compensation in the proceedings must report the consideration of responsibility for the return of the superior authorities and the central proceedings.

4. In addition to the prescribed duties at Articles 1, 2 and 3 This, at the request of the state regulator on authoritated compensation work, the body responsible for compensation must promptly report on the consideration of the reimbursable responsibility to serve the operation. State management of reparation work.

What? 14. Do the active tracking review of reimbursable responsibility

1. The Ministry of Justice is monitoring the operation considering the return of responsibility in administrative management and execution of executions on the country.

2. The Supreme People 's Court, the Supreme People' s Examination Institute, monitors the operation to consider the responsibility of reimbursable within its range.

3. Legal Organization (for ministries), the State Compensation Bureau, the General Directorate of Civil Affairs (for the Ministry of Justice), which helps the Ministry to monitor the operation to consider reimbursable responsibility of the Ministry's management scope.

4. The Judicial Bureau of Staff, which helps the UBND level to monitor the operation to review the responsibility of reimbursable operations in the administrative management activity within the local domain.

5. The Judicial Chamber of Staff, which helps the UBND level-level monitoring activities review the return of responsibility in administrative management activities within the local range.

What? 15. The foreman is doing the review of the refund.

1. The ministries, the peer-to-peer agency, consider the responsibility to return to the extent of their management.

The legal organization (for ministries), the State Compensation Bureau, the General Directorate of Civil Affairs (for the Ministry of Justice), helps the Ministry to implement the mandate stipulated at this paragraph.

2. The Supreme People 's Court, the Supreme People' s Control Institute, works to consider the responsibility of reimbursable within its management.

3. UBND, the governor of the province, works to review the return responsibility in administrative management activities of the scope of its management to the following agencies:

a) The specialist body of the provincial department of UBND;

b) UBND grade district.

The Department of Justice is in charge of the Ministry of Consultalization of the Department.

4. UBND grant district execution of the operation that considers the return of responsibility in the administrative management operation of the township level.

The Judicial Bureau is in charge, which helps the UBND grant the district to execute the prescribed duties at this clause.

Chapter III

THE RETURN RESPONSIBILITY OF THE EXECUTOR IN SOME SPECIFIC CASES.

What? 16. The reimbursable responsibility in the case of a retired reimbursable person

1. The case with the responsibility of reimbursable personnel, the retired civil service, considers the responsibility of their return to be made in accordance with the provisions of Article 6 to Article 11 of this Article.

2. The case of a reimbursable person has been charged with the responsibility of compensated notice to the third time about the refund that intentionally does not perform the reimbursable obligation, the body responsible for compensation coordination with the social insurance agency is paying. The pension for the person who has the responsibility to repay the return of reimbursable amount by subtracing the monthly pension is from ten (10) to thirty (30) percent of the monthly pension of the person in charge of reimbursable.

What? 17. The reimbursable responsibility in the case of the reimbursable person transferred the work to another in the state apparatus.

1. The case of a person with a return responsibility has moved the work to another body in the state apparatus, the consideration of the return responsibility of that person is made in accordance with the provisions of Articles 6 to Article 11 of this.

2. The case of a reimbursable person has been charged with the responsibility of compensated notice to the third time about the refund that intentionally does not perform the reimbursable obligation, the body responsible for compensation in coordination with the state agency is managing. The person recovered the amount of reimbursable wages by subtracing the monthly salary, from ten (10) to thirty (30) percent of the monthly salary of the person in charge of reimbursable.

What? 18. The reimbursable responsibility in the case of the reimbursable person no longer works in state agencies.

Where the person with the responsibility of reimbursable is no longer working in the state agencies, the consideration of the return responsibility is done as follows:

1. The case of reimbursable persons is working at business or other organization

a) The consideration of the reimbursable responsibility of the return liability who is working at the business or other organization is made in accordance with the regulation from Article 6 to Article 11 of this Federal Information;

b) Shortly after the decision of the decision to return, the body made the decision to return the responsibility of sending the decision to the person responsible for reimbursable. The person with the responsibility of reimbursfully fulfilling the obligation to fulfill the degree and the method identified at the Reimbursable Decision case in case of a refund decision has been in accordance with the rule of law in accordance with Article 61 of the TNBTCNN Law;

c) The case of reimbursable persons has been charged with the responsibility of compensation notice to the third time about the refund that intentionally does not perform the reimbursable obligation, the body responsible for compensation in coordination with the business or organization. He ' s working on the recovery of the amount of reimbursable money by subtracing the monthly salary, from ten (10) to thirty (30) percent of the monthly salary of the person in charge of reimbursable.

2. The case of the person in charge of reimbursable does not work for the organization or business

a) The consideration of the reimbursable responsibility of the return liability in this case is carried out under the regulation from Article 6 to Article 10 of this Federal Information;

b) Shortly after the decision of the decision to return, the body made the decision to return the responsibility of sending the decision to the execs responsible for reimbursable. The person with a responsibility to fulfill the responsibility of fulfilling the obligation to return to the degree and the method identified at the return decision in the case of a refund decision has been in accordance with the statute of Law under the provisions of Article 61 of the TNBTCNN Law.

What? 19. reimbursable responsibility in the event of a person in charge of reimbursable reimbursable

1. The case of a reimbursable decision is issued before the person with the responsibility of reimbursable death and the person responsible for the inheritance of inheritance and heir, then the heirs of the estate must fulfill the prescribed obligation in accordance with the rules. of the inheritance law.

Where the person who is responsible for the return of death without a legacy is responsible for the responsibility of verification, establishing a document, and having confirmation of the local government where the person resides in the absence of a legacy.

Immediately after the completion of the verification, the body responsible for compensation must make a decision waive for the return of responsibility. In the period of three (03) days of work since the date of decision making exemption for reimbursable responsibility, the body responsible for compensation must be reported in writing and submitted with a decision waive for the return of responsibility to the directly superior body. And the financial institution has jurisdiction.

2. The case of the person with the responsibility of reimbursable death before the body is charged with issuing a refund Decision, the body responsible for compensation does not consider the responsibility for the person.

What? 20. The right to sue the person responsible for reimbursable Perform the reimbursable obligation

The case of an agency with the responsibility of compensation has carried out the necessary measures under the rule of law, which still does not recover the reimbursable amount of the person whose responsibility is reimbursable. request to perform the reimbursable obligation under the rule of law on civil proceedings in the Court.

Chapter IV

EXECUTION CLAUSE

What? 21. Performance Performance

This joint venture has been in effect since March 8, 2014.

What? 22. The interpretation, the direction of supplematuation

In the course of the execution, if there is an unguided or unguided or unguided, additional guidance, the additional guidelines, recommended agencies, organizations, individuals reflect on the Ministry of Justice, the Supreme People 's Court, the Supreme People' s Institute for Interpretation or Interpretation. Additional instructions in time.

KT. Minister of Justice.
Chief.

KT. The Supreme Court of the People.
Deputy Chief Justice.

KT. The Supreme People ' s Institute for the Supreme People
Vice Minister.

(signed)

(signed)

(signed)

Central Ding.

Nguyen Son

Meng Meng