Circular 11/2013/ttlt-Bca-Tandtc-Vksndtc-Bqp-Doj: Guidelines For Implementation Of The State Compensation Liability In The Criminal Enforcement Activities

Original Language Title: Thông tư liên tịch 11/2013/TTLT-BCA-BQP-BTP-VKSNDTC-TANDTC: Hướng dẫn thực hiện trách nhiệm bồi thường của Nhà nước trong hoạt động thi hành án hình sự

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THE FRANCO-STATE DEPARTMENT OF JUSTICE-THE FRENCH-AID DEPARTMENT OF STATE-OF-AID-THE SUPREME COURT OF THE PEOPLE OF THE SUPREME PEOPLE
Number: 11 /2013/TTLT-BCA-BQP-BTP-VKSNDTC-TANDTC
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, November 6, 2013

FEDERAL INFORMATION

Manual execution guidelines

State compensation in criminal execution

________________

State Compensation Law of 2009;

The Code of Criminal Justice in 2003;

The Criminal Law Enforcement Base in 2010.

The Special Agent in 2007.

The Criminal Code Base in 1999 (modified, supplemated in 2009);

Base of Protocol 16 /2010/NĐ-CP March 3, 2010 by the Government Regulation and guidelines enforce certain provisions of the State's Compensation Liability Law;

Minister of Public Security, Minister of Defense, Minister of Justice, the Institute of the Supreme People 's Institute for Human Examination and Chief Justice of the Supreme People' s Court issued the Affiliated Guidelines of the State for the Compensation Responsibility of the State in action. Criminal execution.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

This joint venture guide performs several provisions of the State ' s Compensation Liability Law (later abbreviated as the TNBTCNN Law) on the identification of reparation responsibility, compensated damages, compensation settlement procedures and state management of the United States. Compensation in criminal execution.

What? 2. Subject applies

This joint venture applies to the agency, the organization, who is responsible for solving damages in the criminal execution competition; the executor of the criminal execution execution of the damage must be compensated; personally, the organization involved in the solution. I don't know.

Chapter II

DEFINE RESTITUTION RESPONSIBILITY

What? 3. The scope of responsibility for compensation

The state is responsible for damages due to the law enforcement of the execs committed during the execution of the criminal execution of one of the following cases:

1. The decision to enforce the death sentence for the sentenced to death is a pregnant woman, women who are raising their children under 36 months of age, who have been decided by the President to favour the death penalty, the juvenile.

2. Detention sentenced to a prison sentence too long for execution of a sentence under the sentence, the Court ' s decision.

3. Do not make a decision to postpone the Court ' s execution of sentence against the sentenced to imprisonment.

4. Do not make a decision to suspend the Court ' s execution of a sentence against the sentenced to imprisonment.

5. Do not make a decision to reduce the Court ' s prison penalty deadline for the person who is accepting the prison sentence.

6. Do not implement the President of the State ' s special decision against the condemned sentenced to imprisonment.

7. Do not implement the parliamentary decision of the National Assembly to the condemned person to be released.

What? 4. Base validation responsibility

1. Compensation Liability for the Guidance Cases at Article 3 This link arise when there is sufficient following the following conditions:

a) There is a text of the state agency with the authority to determine the behavior of the execs of the law as a law;

b) The law of the law enforcement of the execs of the charge of the compensation offence in Article 3 of this Article 3;

c) There is actual damage occurring;

d) There is a cashteral relationship between the actual damage that occurred and the law enforcement of the law enforcement.

2. The state did not compensate for the damage that occurred completely due to the error of the person being damaged. In the case of the execs and the person who suffered the same error, the State only compensated only part of the damage corresponding to the fault of the execs.

What? 5. The text of the state agency has the authority to determine the law enforcement of the execs.

1. The decision to resolve the complaint of the competent authorities has taken effect on the law.

2. The conclusion of the alleged organ of the agency or the competent person under the rule of law.

3. The verdict, the Court ' s decision to have jurisdiction has been in effect of law.

What? 6. The Agency is responsible for compensation

1. The body responsible for compensation in the execution of the prescribed criminal execution at 1 Article 40 TNBTCNN Law is defined as follows:

a) The provincial court, the central city of the Central District or the Military District Court and the equivalent of the Chief Justice to enforce the execution of the death sentence is responsible for damages to the case of instruction at paragraph 1 Article 3 of this federation;

b) The body of execution of the public, county, town, town, the provincial city, the body of the Military District and the equivalent of responsible for damages to the case of instruction at paragraph 2 Article 3 of this federation; the Ministry of Public Security, The Ministry of Defense is responsible for damages to the case of instruction at paragraph 2 Article 3 of this federation in the case of persons being given to foreigners;

c) The detention facility, the Department of Public Security, the Ministry of Defense, the body of the provincial civil war criminal justice, the central city, the body of execution of the public criminal justice of the district, the county, the town, the provincial city, the body of military criminal execution. And the equivalent of responsible for damages to the case of instruction at 3, 4, 5 Article 3 of this link;

d) Camp, detention facility in the Ministry of Public Security, Ministry of Defence, Provincial Public Security, Central city, Military District, and equivalent responsibility for damages to the case of instruction at paragraph 6 Article 3 of this article;

The direct agency to administer the law enforcement action law enforcement damages charges of damages to the case of instruction at 7 Article 3 of this Article 3.

2. The case of the body responsible for compensation stipulated at paragraph 1 This has split, merged, merged, or dissolved; at the time of the application of the application the claim to the public execs caused the damage no longer working at the governing body. There is a mandate, a mandate, a mandate; a number of people who run a number of agencies and a lot of damage or cases, and a number of agencies, the central agency and the local authorities, and the damage, and the damage. The body of responsibility for compensation is carried out by regulation at paragraph 2 Article 14 of the TNBTCNN Act.

What? 7. Food Damage

1. The actual damages are compensated for the real damage to the person suffering, including: physical damage and damage caused by mental damage.

2. The material damage of the state ' s compensation in the criminal baggage enforcement operation includes: damages caused by property under regulation at Article 45 of TNBTCNN; damages caused by actual income lost or reduced by regulation at the end of the year. Article 46 of the TNBTCNN Law; the damage to the material caused by people to die by regulation at Article 48 of the TNBTCNN Law; material damage due to health damage prescribed at Article 49 of TNBTCNN; the actual cost of the damage has left in the process. It's a criminal execution program, like a car ship, travel.

3. Damage caused by the mental loss of the state ' s compensation in the operation of criminal executions include: damage caused by mental damage during the time of acceptance of the suspended prison sentence at paragraph 2 Article 47 TNBTCNN; damage caused by the government. Mental damage in the event of a person suffering from death in paragraph 3 Article 47 TNBTCNN; damage caused by mental health damage in the case of a health breach in paragraph 4 Article 47 TNBTCNN; the damage caused by the loss of the planet. In the case of a trial of undetention, imprisonment for a suspended sentence at 5 Article 47 of the TNBTCNN Law.

Chapter III

CLAIM DAMAGES ARE COMPENSATED.

What? 8. Damage caused by property

1. When applying Article 45 of the TNBTCNN Law to determine the damage caused by the property, which needs to note some of the following points:

a) The market price specified at paragraph 1 and paragraph 2 Article 45 of the TNBTCNN Law is the market price at the time of the compensation settlement and locally where the damage occurred;

b) The case of damages arise due to the non-use, exploitation of the leased property that, prior to the receipt of the lease, the actual income lost into the damages was determined as follows:

-For asset rental contracts which are the operating lease contract, the lost real income is determined by the price level of the property of the same type or property that has the same technical standard, feature, effect, and quality at the time of the compensation settlement. usually;

-For asset rental contracts that are the financial lease contracts the actual income is lost as the rest of the contract.

c) The case in which the property is violated is the right to use the land, housing, construction and other property associated with the land the damages are determined by Article 45 of the TNBTCNN Law and the provisions of the law of land, construction and housing.

2. The timing of interest in the provisions stipulated at paragraph 4 Article 45 of the TNBTCNN Law is calculated from the day the damage paid to the state budget, seized, the execution exam, put money to secure at the authorities with the jurisdiction to the day of the decision. solved The compensation of the agency with the responsibility of reparation or the date of the verdict, the Court ' s decision on the settlement of the compensation is valid for law.

What? 9. Damage caused by actual income lost or diminished

1. The actual income of the individual prescribed at Article 46 TNBTCNN Law is defined as follows:

In the case before the damage caused by the person suffering from a steady income from the payroll in the payroll, public money from the labor contract was based on the salary, the wages of that person's adjacent month before the damage was taken to determine the amount. Real income.

In the case before the damage caused by the person with a job and monthly income, the average income of the three months was adjacent to the time when the damage occurred as a base to determine the actual income.

The case before the damage caused by the damage was farmers, fishermen, salted growers, forest growers, rents, small traffickers, craftsmen, other employers who had income but in the season or not stable then took the income level. The average of the same local labor; if the average income is not determined by the state, the state will apply to the state for employment in state administration agencies at the time of the compensation settlement. Just to determine the actual income.

2. The injured (including the deceased case) was compensated for the amount of actual income lost or reduced during the time they had to accept the overdue prison sentence, in the undeferred period, not suspended for a prison sentence, in the case. The duration of the implementation of the privilege, the university, and during the treatment of the health of the health. During this time, the person with the damage to the agency, who uses paid labor, pays the full labor at the provisions of the labor law, social insurance, they are not receiving the corresponding compensation; if the person suffers from damage. The employer, the employer, pays wages, pays a partial labor, and the rest is identified as a reduced reality income, and they are compensated for the loss of income.

What? 10. Damage caused by mental loss

1. Damage caused by mental damage during the time of the imprisonment of the suspended prison sentence at paragraph 2 Article 47 TNBTCNN Law is defined as follows:

a) A minimum wage day determined by taking the minimum wage provided by the State of the State to apply for work in state law enforcement at the time of the compensation settlement split to 22 is the number of average working days of each state. Month.

For example: At the time of its release, the minimum minimum wage was made by the state of 1,150,000, so a minimum wage would be: 1,150,000 copper: 22 = 52,272.

b) The number of days to accept a prison sentence is the actual number of days in which a person is compensated to accept a overdue prison sentence.

2. Damage caused by mental damage in the event of a person suffering from the damage to the prescribed death at 3 Article 47 TNBTCNN Law identified as follows:

a) If the person who is killed in time must accept a prison sentence without due to their own errors, an inpossibility event, an urgent situation, or a person suffering from the damage of the specified case at one Article 3 of this link, Their employees were compensated for damages due to the mental loss of a sum of three hundred and sixty months of salary according to the state-provided minimum wage at the time of the compensation settlement. In this case, it is not included in the amount of damages caused by the mental losses in paragraph 2 and paragraph 5 Article 47 of the TNBTCNN Code and in the direction of this one Article;

b) If the person who accepts a prison sentence is killed during the imprisonment of a prison sentence that is due to their own error or an unimpediable event, the situation is urgent, their relatives are not compensated for damages due to mental losses in paragraph 3. Article 47 TNBTCNN Law;

c) The amount of compensation damages caused by mental losses is a common compensation for the person ' s relatives (wife, husband, father, birth mother, foster parent, foster mother, child, child, child, child, child, child, child, child, child, child, child, child, child, child, child, child, child, child, child, child, child, child, child, child, child, child, child, child, child damage). Those who are compensated in this case must be alive at the time of the loss of death.

What? 11. The damage to matter caused by people to die

1. The reasonable cost for the rescue, fostering, taking care of the damaged before the prescribed death at 1 Article 48 TNBTCNN Law is the actual cost required, consistent with the property, the extent of the damage, in accordance with the average price in each local. at the time of the genus, including: the media rent that takes people with emergency treatment at medical facilities; prescriptions and money purchases of medical devices; screening costs, X-rays, CT scans, ultrasound, testing, surgery, blood transfusion of doctors; money. Hospital fees; money supply, health recovery money for people who suffer from doctors ' designation; actual costs, other needs. when the person is killed (if any).

2. The cost of the burial of the person with the damage to death in paragraph 2 Article 48 of the TNBTCNN Law is determined at the expense of the burial fee, the burial allowance under the provisions of the social insurance law.

3. Those who are suffering from the damage are carrying out the prescribed nursing obligations at paragraph 3 Article 48 TNBTCNN Law and the time of the benefit of each person is made in accordance with the law of marriage and family law.

What? 12. Damage to material due to health damage

1. The reasonable cost for the rescue, fostering, health recovery and loss of function, suffered from the loss of the person in accordance with regulation at paragraph 1 Article 49 TNBTCNN Law includes: the costs are guided at 1 Article 11 of this and other. costs for the installation of prosthetic legs, prosthetic hands, false eyes, buying wheelchairs, stros, crutches and plastic remediation and other costs to support or replace a portion of the lost or reduced body function of the damaged person (if any).

If the state agency has paid all of these costs, the damage is not compensated; the state agency has paid a portion of these costs, and the damage is compensated for the remainder of the cost.

2. Compensation of the reasonable cost and the actual income of the lost reality of the person who suffered the loss by regulation at 3 Article 49 TNBTCNN Law.

a) The person with the damage is only compensated for the cost of the cost and the actual income of the person taking care of the person who is damaged if the care is required or required by the medical facility.

b) The reasonable costs of the person caring for the person who are damaged during the treatment include the money ship, the travel car, the rent of the inn at the local average price where the cost is done (if any).

c) The actual income of the loss of the person who was damaged during the period of treatment is determined by regulation at Article 46 of the TNBTCNN Law and in the guidelines at paragraph 2 Article 7 of this.

3. The person suffering from the loss of labor capacity and the need for regular people to take care is the person who is no longer able to perform production, business, service. The reasonable cost for a regular person to take care of the person with the loss of the prescribed labor at 4 Article 49 of the TNBTCNN Law is calculated by the average amount of public money paid to the local handicraperer where the person suffered a residency.

Chapter IV

COMPENSATION FOR COMPENSATION

What? 13. File and submit the claim file

1. The case requires compensation: The application of the compensation; the primary or copy of the text that defines the law of the execs of the execs; the document, the other evidence is related to the claim of compensation (if any).

2. The compensation requirement must have the primary content stipulated in paragraph 2 Article 42 of the TNBTCNN Law and other content under the Form 1a, 1b attached to this.

3. The filing of the claim is sent to the body responsible for compensated compensation at Article 6 of this federation.

4. The case requires compensation that can be sent directly at the agency with a responsibility for compensation or via the post office. The case case requires a claim to be sent via a post office, the date of the post of the post office on the package which is specified as the date of the filing.

What? 14. The single receptor requires compensation

When receiving the damage claim case, the agency gets the file to check the profile. During the 5-day period of work, since the date received the required compensation, if the file requires a valid compensation and in the responsibility of its resolve, the agency has received the case to be reasonable and informed by writing about the application of the application to the person. Compensation; cases where the case of a claim is not valid or the case is not in charge of your resolve or not part of the case is compensated, expiration of the compensation settlement period, the agency has received the case to return the attached profile. The text of the explanation is clear to the person requesting the claim.

What? 15.

Soon after the application of the application is required for compensation, the body chief responsible for compensation must hold the settlement of the compensation, sending the representative to the compensation settlement (later known as the representative) under the regulation at Article 6, Article 7 of the Digital Protocol. 16 /2010/NĐ-CP March 3, 2010 of the Government rules the details and directions some of the provisions of the TNBTCNN Law (later abbreviated as Decree No. 16).

What? 16. Verify damage

During the 5-day period of work, since the day of the application of the application required compensation, the agent must organize the verification of the damage. Verification of damage is carried out on the basis of the document, evidence provided by the person requesting compensation. In the case required by regulation at paragraph 2, paragraph 3 Article 18 of the TNBTCNN Law, the body responsible for compensation may require the agency, the organization of asset valuation, the monitoring of property damage, the monitoring of health damage, or the opinion of the government. relevant agencies about the settlement of the compensation.

The deadline for verification of actual damages is prescribed at 1 Article 18 TNBTCNN Law.

What? 17. The compensation of the compensation

1. During the 3-day period of work, since the end of the verification of the damage, the agent must conduct negotiations with the damaged person.

2. The deadline, composition, negotiation venue, the negotiation content content is made in accordance with the provisions 1, 2, 3 and 4 Articles 19 TNBTCNN Law and by Form 2a or 2b attached to this Registered Citizenship.

3. The damage compensation meeting is done in the sequence:

a) The representative of the body responsible for the presiding charge of the meeting, the reason, the purpose of the meeting; the dissemation of texts, the decision to make the basis of the compensation settlement; the basis of the damage to the damage and the extent of damages, Compensation, compensation for compensation and other problems associated with the compensation settlement;

b) The person with the damage, the patient ' s body is damaged or the legal representative of the person with the damage presented the comment on the claim of compensation;

c) The execs of the damage presented the comments, his views on the settlement of compensation;

d) The parties discussed, negotiated the settlement of compensation;

The representative of the body responsible for restitution of the meeting summertime the outcome of negotiation and the end of the meeting;

e) The meeting is set up in 2 copies, with enough signatures of the participants, 1 in favor of the claim, 1 filed at the compensation settlement.

What? 18. Decide settlement decision

1. During the 3-day period of work, since the end of the negotiation, the body responsible for compensation must complete the draft decision to resolve the compensation. In the case of necessity, the body responsible for compensation may send the draft decision to resolve the compensation for the opinion of the relevant authorities.

In the 10-day period, since the end of the negotiation, the base enters the results of the damage, the outcome of negotiation with the person suffering from the damage or their legal representative and the opinion of the relevant authorities (if any), the agency chief has. The reparation must be determined to resolve the settlement.

The decision to address the compensation must have the primary content under the stipulation at 1 Article 20 of the TNBTCNN Law and by Form 3a or 3b issued with this Article.

2. The decision to resolve the compensation was sent directly to the person with the damage, the body's directly charged body was responsible for the damages and the execs of the execution of the criminal execution of the damage.

3. The decision to resolve the compensation comes into effect after 15 days, since the day of the damage received the decision, unless the case of the damage does not agree and the onset of the Court.

What? 19. Transfer decides to settle compensation for the restitution.

The authorities responsible for the compensation of the transfer of the decision to settle the compensation settlement under the procedure stipulated at Article 10 of Decree No. 16.

What? 20. Start asking the Court to address compensation

The person with the damage, the patient ' s body of damage or the legal representative of the damaged person has the right to initiate a request for the Court to address the compensation in the following cases:

1. The person with the damage, the patient ' s relatives are not agreed with the decision to resolve the compensation under the regulation at 1 Article 22 TNBTCNN Law.

2. At the end of the decision to resolve the compensation that the compensation settlement does not decide to resolve the compensation under regulation at 1 Article 22 TNBTCNN Law.

The expiration date of the decision to resolve the compensation under regulation at Article 22 of the TNBTCNN Law was determined to be the 11th day, since the day the agency's representative settled the compensation and the person who suffered the damage to the negotiation.

3. The determination of the Court with the jurisdiction to resolve the claim for compensation and the procedure required the Court to resolve the compensation made by regulation at Article 23 of the TNBTCNN Law.

What? 21. Pay compensation

Based on the decision to resolve the compensation that had the effect of the body responsible for reparation or conviction, the decision was to have the Court ' s legal effect, the body responsible for compensated to pay the compensation to the person suffering from the damage. according to the regulations at paragraph 4 Article 54 TNBTCNN Law and Article 7 Digital Federal Information 71 /2012/TTLT-BTC-BTP May 9, 2012 The Ministry of Finance, the Ministry of Justice, regulates the planning, management, use, and funding of the state's compensation for compensation.

Chapter V.

STATE MANAGEMENT OF REPARATION WORK

What? 22. The state management responsibility for compensation work

1. The Ministry of Public Security, the Ministry of Defense, the Supreme People 's Examination Institute, the Supreme People' s Court in the scope of functions, duties, its powers are responsible for the responsibility of state management of the compensation work in criminal execution action within its own scope. management; in the case of necessity, coordination with each other and in coordination with the Ministry of Justice to implement state management of the compensation work in accordance with the specified content at Article 21 Protocol No. 16.

2. The case is entangled in state compensation work in criminal execution activities, the Ministry, in coordination with the Ministry of Justice to unify the settlement.

What? 23. Define the body responsible for compensation

1. The identification of the body responsible for compensation in the criminal execution action is carried out by regulation at paragraph 1 Article 5 Decree No. 16.

2. In the event of a disunity between the competent authorities on the body responsible for compensation, the execution is as follows:

a) If there is no consistency between the competent authorities in the internal sector, then the chief of the direct authority of those agencies review, the decision.

During the 5-day period of work, since the date received by the person's text of the damage, the chief executive officer directly must consider, issuing a decision to determine the body responsible for compensation.

b) If there is no consistency between the competent authorities of the disciplines, the chief minister of the relevant sectors considers, addressing.

During the 3-day period of work, since the date of the unification authorities the identification of the body is responsible for compensation, the presiding body has the responsibility to enact the identification of the body that is responsible for reparation and informing the co-ordinated authorities.

What? 24. Statistics, aggregation, assessment of reparation work

1. A 6-month period and yearly, ministries, statistical implementation, aggregation, evaluation of the implementation of the compensation work in the criminal execution of criminal justice, the administration of the Ministry of Justice to sum up, report the Government, in particular:

a) The deadline for statistics, aggregation for the 6-month report is from the date of 01/10 of the prior year to the 31/3 of the report year; the period of the number of statistics, aggregation of the annual report was from 01/10 of the prior year to 30th of the year of the report. Foxes,

b) The deadline for statistical results, aggregation, assessment for the 6-month report was before 15/4 of the five reports and before the 15 October of the year of the report on the annual report.

2. The case at the request of the Government, the Standing Committee of the National Assembly, Congress, the Ministry, the implementation of statistics, aggregation, evaluation of the implementation of the compensation responsibility in the operation of criminal execution of the scope of its management, sending the Department of Justice At the request.

Chapter VI

EXECUTION CLAUSE

What? 25.

This joint venture took effect from December 21, 2013.

What? 26.

In the course of the implementation of this federation, if there is an explanation for an additional explanation or instructions, the offer to report the Ministry of Public Security, the Ministry of Defense, the Ministry of Justice, the Supreme People 's Examination Institute, the Supreme People' s Court for explanation, additional guidance. In time.

KT. Minister of the Ministry of Public Security
Chief.

KT. SECRETARY OF DEFENSE
Chief.

KT. Minister of Justice.
Chief.

(signed)

(signed)

(signed)

General Lê Guan Wang

General Nguyen Cheng

Central Ding.

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

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

(signed)

(signed)

Nguyen Son

Nguyen Hai Phong