Circular 04/2013/ttlt-Btp-Bqp: Guide Implementation Of State Management On Work Compensation In Civil Enforcement Activities

Original Language Title: Thông tư liên tịch 04/2013/TTLT-BTP-BQP: Hướng dẫn thực hiện quản lý nhà nước về công tác bồi thường trong hoạt động thi hành án dân sự

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FRANCO-FRENCH DEPARTMENT OF DEFENSE
Number: 04 /2013/TTLT-BTP-BQP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, February 1, 2013

FEDERAL INFORMATION

Oh. We ' re going to take the state management.

Civil execution of civil law enforcement.

_____________________

State compensation Law Base June 18, 2009;

- What? Let's just say the number 16 /2010/NĐ-CP March 03, 2010 of Ch I'm Details and directions. i One. Stain. The provisions of the Law of the Compensation of the State;

Base of Protocol 93 /2008/NĐ-CP August 22, 2008 by Ch I'm The government rules the function, the task, the powers and the structure. socket function of the Ministry of Justice;

Base of Decree One. 04 /2008/NĐ-CP September 16, 2008 by Ch I'm The government rules, functions, powers, and muscles. All A socket function of the Ministry of Defense;

The Minister of Justice and Minister of Defense issued the d-direction communications. There. n carry out state management of reparation work in th operation th i Civil court.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

This federated information guide the implementation of the state management of b. Oh. I ' m often in civil action. Okay. specify the responsibility agency b Oh. i usually; direction d There. The task of solving reparation; in response. It's c. Okay. Law enforcement. to The yoke of compensation of the state; the watch, the governor, the inspection and the statistics, the synthesis, the report of the state compensation.

What? 2. Subject applies

This joint venture applies to the body responsible for the responsibility of the state management of the compensation work in the operation of civil court executions and the agencies, organizations, individuals who are involved in the operation. What? n work b Oh. I don't know.

Chapter II

IDENTIFY THE BODY RESPONSIBLE FOR RESTITUTION

What? 3. Identilocate the agency responsible for compensation

1. The Ministry of Justice, the Ministry of Defense identified the agency with a responsibility for compensation in case of the person suffering from love And U or no. Stain. - All It is about the responsibility of reparation between the agencies.

2. General c The Attorney General of the Justice Department, which helps the Minister of Justice to identify the body responsible for compensation in the event of a person suffering from the damage required or without incident. Stain. - All t v Okay. responsibility b Oh. i usually in the following circumstances:

a) In the midst of all the service of the law,

b) In the midst of all the other civil law enforcement agencies.

3. The Provincial Civil Service Bureau defines the body responsible for compensation in the event of a person suffering from the damage required or without the unity of the responsibility for compensation between the Department of Civil Service Enforcement in the province.

4. The Office of the Defense Department of the Defense of Staff, which helps the Minister of Defense to identify the body responsible for compensation in the event of the damage required or without the unity of the responsibility for compensation between the law enforcement departments. Yes. n area.

5. The State Compensation Bureau, which helps the Minister of Justice to identify the body responsible for compensation in the event of a person suffering from the damages required or without the unity of the responsibility for compensation between the body of the Justice Department of Justice and the agency. The Department of Defense.

What? 4. The procedure determines the body responsible for compensation

1. The authority with the authority to determine the body responsible for the regulation of regulation at Article 3 of this Federal Information presided over the procedure of determining the body responsible for compensation by regulation at Article 5 of the number of Protocol 16 /2010/NĐ-CP.

2. In case of absence of authority, the identification of the body responsible for compensation is carried out in accordance with the following procedure:

a) During the 5-day period of work, since the date of receiving a request for the identification of the body responsible for compensation, the authorities have the authority to determine the presiding officer responsible for the presiding officer, the organization meeting with the relevant authorities. Okay. If you don't want to be in charge of this,

The case of the ununionable organs is responsible for compensation, the authorities with the authority to determine the body responsible for the decision to determine an agency among the relevant authorities responsible for the damages was the responsibility of the jury. Usually.

b) The text that identifies the body responsible for compensation must send immediately to the relevant authorities causing the damage, who is damaged or the patient ' s body of damage and the body responsible for the damage. Oh. I do. Okay. Do it.

What? 5. Coordinate of validation agency with compensation responsibility

1. In the scope of duty, the powers of m What? , the relevant agency causes damage and the state governing body of the reparation work is responsible for coordination to determine the body responsible for compensation.

2. The proposed co-ordination of the body responsible for compensation is made in writing.

Chapter III

COMPENSATION FOR RESTITUTION IN COMPENSATION

What? 6 . Transaction Guide Bitch. It's a jury.

1. The State Department of Justice d It is a part of the agency, which is a member of the jurisdiction of the Department of Justice.

2. The Department of Defense of the Ministry of Defense instructs the office to address the compensation for the agency, the unit involved in the compensation work in the civil action enforcement operation of the Department of Defense.

What? 7. Career guidelines for compensation settlement

During the five-day period of work, since the date received the required guidance and receiving sufficient documentation, the authorities have the required authority to have the text of the answer. The case of a difficult, complicated case, the deadline can be extended. d But no more than 15 days.

Chapter IV

THE ANSWER TO THE LAW, PROVIDES INFORMATION, GUIDE THE PROCEDURE.

What? 8. Gi Bitch. I got caught.

The Ministry of Justice responded to the implementation of the law on the responsibility of the State of the State for civil execution.

The Department of Compensation of the State of the Staff, helped the Ministry of Justice to carry out the prescribed duties at this.

What? 9. Form, duration of the answer to law

1. The solution of the solution to the law is done through the following forms:

a) Text answer;

b) The answer through the network of electronics;

c) Direct or pass through the phone;

d) Other forms of law.

2. In the 15-day period, since the date of receiving enough information regarding the request of an answer in response, the Ministry of Justice must answer at the request of the agency, the organization and the individual. In case of complex content, the deadline may be. Okay. It lasts, but it ' s not 30 days.

3. In case of necessity, the inversion of the problem can be consulted with experts or participants. All Agency opinion. Okay. Look.

What? 10. Provide information, guidelines for the procedure to assist the damaged person who exercise the right to claim compensation

1. The State Department of Justice Department of Justice provides information, guidelines for the procedure to assist the person in damages to the right to claim compensation at the request of the person in the field of civil execution within the country.

2. The Bureau of Defense Administration provides information, guidelines for the procedure to assist the affected person who exercise the right to claim compensation. g at the request of the person who was damaged in the field of civil execution by the Ministry of Defense.

3. Based on each specific case, the provision of information, the manual instruction manual implementation of the right to claim compensation is done in writing or in direct exchange with the person with the damage.

Chapter III

WATCH, DON AND CHECK.

M All right 1

TRACKING COMPENSATION SETTLEMENT ACTIVITY

What? 11. Follow the compensation settlement operation

1. I socket The Civil Service Bureau of Justice Department of Justice monitors the compensation of the civilian executions in the operation of civil executions on the country's scope.

2. The Civil Service Bureau of the Provincial Civil Service monitors the action settlement of the civilian execution act within the scope of its management.

3. The Office of the Defense Department monitors the operation to resolve the compensation in action. Ah! Civil service.

What? 12 . The base is carrying out the surveillance operation.

1. The results report resolved to claim the compensation of the body responsible for compensation.

2. The report is 6 months and annually on the implementation of the State's Compensation Accountability Act.

3. The verdict, the decision of the T Let's It ' s about the state ' s compensation.

4. Press information about the medical situation Hey. The bridge is compensated and the settlement requires compensation.

What? 13. Content tracking activity resolution

The agency is responsible for monitoring the regulatory settlement operation stipulated at Article 11 of this Federal Smart Tracking Compensation of the Compensation Settlement. Oh. The following content:

1. The situation requires compensation and compensation settlement;

2. Pay pay compensation and perform reimbursable responsibility;

3. The implementation of the report by law on the responsibility of reporting on the settlement of compensation to the agency is in charge of compensation.

M All right 2

DIRECTOR OF COMPENSATION RESOLUTION

What? 14.

1. The General Justice Department for the Justice Department of the Justice Department operates the b. Oh. It is often used in civil law enforcement activities across the country.

2. The Civil Service Enforcement Administration works to address compensation for civil executions within the scope of his management.

3. The Office of the Ministry of Defense of the Defense of the Defense of the Defense of the Defense of the United States operates a compensation settlement in the operation of civil executions in the military.

What? 15.

1. Complaint, t Stain. Foxes, petitions, reflects the damage to the damage to the compensation.

2. K What? Tracking results, checking for compensation.

3. Press information on the requested situation and settlement of the claim.

4. The verdict, the decision of the T Let's Case Boob related to state compensation.

What? 16. The procedure for the operation of the compensation settlement

1. For a 10-day period, since the date of the regulation of the governor specified at Article 15 of this federation, the agency has jurisdiction. Okay. n ' s the rules. Okay. This 14-year-old system must issue the office of the body responsible for restitution. .

2. The governor's office must specify the content, the responsibility of the body responsible for compensation.

3. The agency responsible for the compensation was carried out according to the writing of the governor's office and had a written report on the authority of the agency with the authority on the outcome of the settlement.

4. In case the agency is responsible for the difficulty of having trouble, entangled in the execution of the compensation settlement, must report, please the authorities ' guidance. to Or the state administration of compensation.

M All right 3

STATE COMPENSATION CHECK

What? 17. State compensation check

1. The Department of Compensation, which helps the Ministry of Justice to carry out a duty to test the operation of the compensation settlement in the operation of civil executions on the country's scope.

2. The Bureau of Defense of the Defense of the Defense of Staff, which helps the Ministry of Defense to carry out a duty to test the operation of the compensation settlement in the operation of civil executions under the Department of Defense.

What? 18.

1. The annual plan of the state governing body for compensation work.

2. By Love And The organ of the body. l The state has jurisdiction.

3. Through the results of the tracking activity, the governor resolved the compensation.

What? 19. Check form

1. A periodic examination by the state governing body for compensation works annually in accordance with the plan approved by the Chief Minister.

2. A mutation test is conducted when there is a specified base at paragraph 2 and paragraph 3 Article 18 of this link .

What? 20. Check content.

The State Administration of Compensation Workers is examining the state compensation for the following content:

1. The legalization, the right of settlement of compensation, paid compensation and reviewed the responsibility of reimbursable;

2. The implementation of the report results settlement;

3. State management of reparation work and the implementation of other duties on compensation by law.

What? 21. The interdisciplinary examination of the compensation work

1. The case at the request of the state governing body has jurisdiction or when the c. And n set to serve state management activities on compensated work, the Ministry of Justice chaired, co-ordinated h ... p with relevant agencies in civil law enforcement action, t ... socket Ki Okay. Interdisciplinary investigation. Okay. work b Oh. I do.

2. The audit content is carried out by regulation at Article 20 of this federation.

What? 22. The agency ' s responsibility, the unit is inspected

The unit, the unit that was tested was responsible for the full preparation of the inspection content required by the inspection agency, and in conjunction with the inspection team performed the required audit content.

What? 23. Solution treatment after examination

1. After the end of the test operation, the inspection team sent a test results report to the agency that decided to check, while sending the Department of Justice (Bureau B). Oh. I don't know, the state and the President of the United States. Okay. serving state management v Okay. work b Oh. I do.

2. The case found to be a sign of violation of the law, the test agency in accordance with it. Move. Scale Okay. n or ki What? The state of the state of the state. Move. Scale Okay. n the laws of handling and overcoming the consequences of the law.

Chapter VI

STATISTICS, AGGREGATION, RESTITUTION REPORT

What? 24. The types of reports, times take the data

1. Case report

After the end of the compensation settlement, the agency is responsible. i The compensation of the compensation report directly and the state regulatory authority on the compensation work at the same level as the result of the compensation settlement.

The report is done according to the template at the annex I issued with this Relevant Information.

2. Periodic report

a) The 6-month report; reported the result of the unit ' s compensation work from 01/10 years ago adjacent to the 31/3 of the report year;

b) Annual report: The report results on the result of the unit's compensation from 01/10 years ago to 30 September of the year of the report.

The report is done according to the sample at appendix II and III issued with this Relevant Information.

3. The report broke out at the request of the state regulator for compensation work.

What? 25. Responsible for reporting on compensation

1. Civil law enforcement agencies have a six-month term responsibility (before April 10/ 4) and annually (before October 10) statistics, concurrency, aggregation, evaluation of compensation execution within the scope of his management, sending the Bureau of Civil Affairs, at the same time, to the Private Chamber. To sum up the situation. image It ' s about the state administration of local compensation.

2. The Civil Service Bureau is responsible for a six-month term (prior to April 15/4) and annually (before 15/10) statistics, unity, aggregation, evaluation of compensation execution within the scope of his management, sending the General Directorate of Civil Justice Department of Justice, at the same time, send the Department of Justice to sum up the situation image It ' s about the state administration of local compensation.

3. The Directorate General of Civil Affairs of the Department of Justice periodically, six months and years of unity, summages of state compensation in the field of civil executions within the country, reported the Department of Justice, while sending the State Compensation Bureau to sum up, the report said. The government.

4. The district office of the district office is responsible for reporting a six-month term (before 10/ 4) and annually (before October 10) statistics, preliminary, aggregation, assessment of the execution of compensation within the scope of its management. l I mean, the Bureau of Defense Enforcement reports.

5. The Office of the Ministry of Defense is responsible for reporting a six-month term (to report prior to April 15/4) and annually (submitted reports before 15/10) th Stain. Millet, t. socket merge, evaluating implementation of b Oh. It is often within the scope of its management of the Ministry of Defense reports and informs the Department of State Compensation.

Chapter VII.

EXECUTION CLAUSE

What? 26.

This joint venture has been in effect since 16 March 2013.

What? 27.

1. The Ministry of Justice, the Ministry of Defense and agencies responsible for compensation, state regulator v ... Okay. work b Oh. It ' s usually in action. i Civil court, agency, relevant organization, is responsible for this private practice.

2. In the course of execution if there is difficulty, entanged, personal offer, ph organization Bitch. n light on the Ministry of Justice, Department of Defense to coordinate research U , solve.

KT. Minister of Justice.
Chief.

KT. SECRETARY OF DEFENSE
Chief.

(signed)

(signed)

I Don't Have To.

General Nguyen Cheng