Circular 08/2013/ttlt-Btp-Btc-Ttcp: Amendments And Supplements To Some Articles Of The Circular Number 19/2010/ttlt-Btp-Btc-On 26 November 2010 Ttcp Guide To Perform The Responsibilities Of Compensation ...

Original Language Title: Thông tư liên tịch 08/2013/TTLT-BTP-BTC-TTCP: Sửa đổi, bổ sung một số điều của Thông tư liên tịch số 19/2010/TTLT-BTP-BTC-TTCP ngày 26 tháng 11 năm 2010 hướng dẫn thực hiện trách nhiệm bồi thường của ...

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FRANCO-FRANCO-PRUSSIAN MINISTRY-GOVERNMENT INSPECTOR GENERAL
Number: 08 /2013/TTLT-BTP-BTC-TTCP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, February 27, 2013

FEDERAL INFORMATION

Edit, add some of the provisions of the Digital Federal Information 19 /2010/TTLT-BTP-BTC-TTCP November 26, 2010 guidate implementation of the state ' s compensation responsibility in administrative management operation of the state.

____________________

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, Minister of Finance, General Inspector General of Government of the Government of the Executive Committee of the Amendment, complements some of the provisions of the Information 19 /2010/TTLT-BTP-BTC-TTCP 26 November 2010 guidelines for the implementation of the State's compensation responsibility for administrative management.

What? 1. Modified, add some of the provisions of the Digital Federal Information 19 /2010/TTLT-BTP-BTC-TTCP November 26, 2010 guidate implementation of the State ' s compensation responsibility in administrative management operation in the United States.

1. Article 1 is modified, added as follows:

" Article 1. The base determines the compensation responsibility of the State in its administrative management operation.

1. The state ' s compensation liability in administrative management activity only arise when there are enough of 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 stipulated at Article 13 of the State Compensation Liability Law (later known as the Law);

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 does not compensate for the damage that occurs completely due to the failure of the person in damages; the case of the execs and the damage to the same error is the State only compensated part of the damage corresponding to the execs of the execs. The job. The identification of the damage corresponds to the error of the execs executed by regulation at Article 308 and Article 617 of the Civil Code of 2005 and the implementation of the execs. ".

2. Article 2 is modified, added as follows:

" Article 2. The text of the state agency has the authority to determine the illegal conduct of the law enforcement officer.

1. The decision to resolve the complaint of the competent person has been in the legal effect under the rule of 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 on the execution of the administrative case has been in law enforcement.

4. The verdict, the Court ' s decision on the settlement of the civil case came into force the law enforcement of the declaration of administrative decision.

5. The sentence, the criminal decision of the Court, has the law of law that defines the execs of committing a criminal offence while on the case, and in the verdict, the criminal decision has not yet determined the responsibility for damages caused by the criminal behavior. The execs were committed during the execution of the service. "

3. Article 11 is modified, adding as follows:

" Article 11. File request for reparation

The person who asked for compensation to send 1 sets of files required for compensation included:

1. The application of the compensation required by Form 01a, 01b or 01c issued pursues to this Relevant Information;

2. The text copy of the state agency has the authority to determine the laws of the law enforcement of the public;

3. Document, evidence associated with the request for compensation. ".

4. Article 20 is modified, adding as follows:

" Article 20. 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 legal effect of the Court, the authorities responsible for making compensation payments to the person suffering from the damages. as specified at Chapter VI of the Law and Digital Federal Information 71 /2012/TTLT-BTC-BTP May 9, 2012 rules the planning, management, use, and budget decisions that perform the compensation of the State. "

5. Add Article 20a after Article 20 as follows:

" 20a. Report responsibility

During the 5-day period of work, since the day of the procedure the procedure pays compensation, the body responsible for compensation must report the state agency directly, at the same time, sending the state regulatory authority on the compensation to the end of the results. Compensation, namely:

1. The ministries, across the ministry, the government agency sent the Ministry of Justice;

2. Provincial People 's Committee; the professional body of the Provincial People' s Committee sends the Department of Justice;

3. People 's Committee of the District; the People' s Committee sent the Judiciary Room;

Accompanying the report must have a copy of the documents that are relevant to the settlement settlement.

The report is carried out according to the Model 04 issued by this Federal Information Agency. "

6. Moditid the base request for compensation at the 1a, 01b and 01c samples issued with the Number of Federated Parameters 19 /2010/TTLT-BTP-BTC-TTCP as follows:

" Theo. .... The number of ... dates ... months ... of ...-of ...-of ...-... of ... I suggest you consider, the compensation of damages by the provisions of the Law of Compensation of the State, which includes the following: "

What? 2. organizational responsibility

1. It has been in effect since 14 April 2013.

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

KT. Minister of Justice.
Chief.

KT. MINISTER OF FINANCE
Chief.

KT. STATE INSPECTOR GENERAL
Deputy Inspector General

(signed)

(signed)

(signed)

I Don't Have To.

Cheung Chi

Nguyen Van Thanh