Circular 05/2012/ttlt-Vksndtc-Tandtcbca-Doj-Bqp-Btc-Bnn & Rural Development: Guide Implementation Of The State Compensation Liability In Criminal Activity

Original Language Title: Thông tư liên tịch 05/2012/TTLT-VKSNDTC-TANDTCBCA- BTP-BQP-BTC-BNN&PTNT: Hướng dẫn thực hiện trách nhiệm bồi thường của Nhà nước trong hoạt động tố tụng hình sự

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FEDERAL INFORMATION

The guide to the state compensation responsibility

in criminal proceedings.

__________________

To enforce the right and unify the provisions of the State 's Compensation Law on the responsibility of compensation in criminal proceedings, the Supreme People' s Examination Institute, the Supreme People ' s Court, Ministry of Public Security, Ministry of Justice, Ministry of Defense, Ministry of Finance major, the ministry of agriculture and rural development unified the guidelines as follows:

Chapter I

COMMON RULES

What? 1. The adjustment range

This joint venture guide the implementation of several provisions of the State ' s Compensation Liability Law (later abbreviated as TNBTCNN Law) on the responsibility of the State's compensation to the person suffering from material damage or the harm of the human spirit. has jurisdiction in criminal proceedings to conduct criminal proceedings.

What? 2. The cases are compensated for damages

1. The state is responsible for the damages caused by the person who conducts proceedings in criminal proceedings when belonging to one of the prescribed cases at Article 26 of the TNBTCNN Law.

2. The holder of the prescribed case at paragraph 1 Article 26 TNBTCNN Law is compensated for the decision of the agency or the competent person in the criminal proceedings of the cancellation of the decision to suspend because the person did not perform. Violation of the law that the authorities have invoked as a base for their decision to hold on to them.

Example: He had eight other people in the fight at home C. The investigation had determined at that time A to the C house to pay the debt and was suspended, so the Investigation Agency decided to cancel the decision. It's a good deal, Nguyen Van A is compensated for damages.

Example 2: The 56th Arrondissement of Fort 56 of A captured 10 Vietnamese were transporting goods across the border into Vietnam and ordered to hold them on hold. The investigation determined that the violation was not enough to pursue criminal responsibility, so the decision was cancelled to handle them. In this case they had a violation of the law (transporting the goods via the border), and were not compensated for damages.

3. The detainees of the prescribed case at paragraph 2 Article 26 TNBTCNN Law is compensated for damages when there is a decision by the agency or the competent person in the criminal proceedings of the cancellation of the detention decision, suspended investigation, suspension of the case. or the Court of Propaganda does not commit a crime for one of the following reasons:

a) He who was imprisoned did not perform the breach of the law;

Example: Nguyen Van A was convicted and imprisoned for murder. The investigation proved A non-homicide. The inspection team decided to cancel the detention decision, the Census Bureau decided to suspend the investigation into the case with an A.I. In this case, Nguyen Van A was compensated for damages.

b) The person who is imprisoned is carrying out a violation of the law, but that behavior is not an offence defined in the Penal Code;

c) The expiration of the investigation without proving the defendant committed the crime.

4. The person who has finished or is accepting a term jail term, life imprisonment, who has been sentenced to death, who has been sentenced to death in case of regulation at paragraph 2 Article 26 TNBTCNN Law is compensated for damages when there is sentence, decision. The Court of Justice has jurisdiction to determine that the person does not commit the offence or behavior of the person who does not constitute a crime.

What? 3. The cases are not compensated for damages

The state does not compensate for the following cases:

1. The specified cases at Article 27 of the TNBTCNN Law.

a) The person of the subject of regulation at paragraph 1 Article 27 of the TNBTCNN Law is that the person is exempt from the statutory duty under Article 19, Article 25, paragraph 2 Article 69, paragraph 3 Article 80, paragraph 6 Article 289, paragraph 6 Article 290, paragraph 3 Article 314 Penal Code.

b) The subject of regulation at paragraph 2 Article 27 of the TNBTCNN Law is the person who deliberately declarers of a lie or provides a document, the other object is false to blame for the other person or to conceal the crime committed by others.

2. The case of the prosecution has performed dangerous behaviour for society, prescribed in the Penal Code, but not in the criminal responsibility that is subject to prescribed judicial measures at Article 43 or Article 70 of the Penal Code for reasons of being violated. They have no criminal responsibility (with mental illness or other illnesses that lose their cognitive abilities or their ability to control their behavior under regulation at Article 13 of the Criminal Code) or have not yet reached the age of criminal responsibility (as defined at the time). Article 12 Penal Code).

What? 4. The agency is responsible for damages

1. The investigation agency, the agency tasked with conducting a number of investigative operations responsible for damages under regulation at Article 30 of the TNBTCNN Law; in particular one of the following cases:

a) has made a decision to hold on to the person, but the Institute of Examination has the authority to have the decision to cancel the decision because the temporary man does not have a violation of the law;

b) made the decision to prosecute the defendant, but the Institute of Examination did not approve of the decision to prosecute the defendant because the prosecution did not perform the offense;

c) It was decided to suspend the person, but then self-destruct the decision to hold it because the temporary person did not conduct a violation of the law.

2. The inspection institute is responsible for damages in the following cases:

a) The following regulations at Article 31 of the TNBTCNN Law;

b) The case of the Institute of Examination approved the decision to prosecute the alleged prosecution or the Institute for the Prosecution Decision to prosecute the defendant but the person who was convicted of the prosecution was not detained, imprisoned, then had the decision of the competent organ in criminal proceedings. The identification of the person did not commit the offense, and they were in the case of the damages in accordance with the provisions of the three Article 26 of the TNBTCNN Act, and the body responsible for the damages is that the Institute of Police has approved the decision to prosecute the prosecution. or the Institute of Examination has decided to prosecute the defendant;

c) The case of the Institute of Examination approved the decision to prosecute the defendant but the person who was convicted of the prosecution was not detained, detained at the stage of investigation, prosecution; after transferring the case to the Court for trial, the Court decided to apply the detention measure; Then the Court of Appeals for the Court of Appeals for the Court of Appeals accused the defendant not guilty or the Court paid an additional investigation, but was later found to be suspended from the investigation for not carrying out the offense, and that person was in the case of being compensated by regulations. No. 3 Article 26 of the TNBTCNN Act, the Institute of Examination has approved the decision to prosecute the defendant in charge of damages.

3. The Court is responsible for damages in cases of regulation at Article 32 of the TNBTCNN Law.

4. The case of the agency responsible for damages of damages has been split, merged, merged, dissolved, or has a mandate to carry out the work, the identification of the body responsible for compensation is made in accordance with the regulation at point a and point c 2. Article 14 TNBTCNN.

For example, Nguyen Van T was indicted by the HHT Provincial People's Institute (prior to the merger of HT with HN) on charges of abusing the property of the property, the People's Court of the Province of the Province of the People's Department of the Province of the Province of the People's Department of the Province of the Province of the People's Department of the Province of the Province of the Province of the People's Department of the Province of the Province of HT After HN's merger with HN, Nguyen Văn T demanded damages, then the body responsible for the settlement was the HN City People's Control Institute.

Chapter II

CLAIM DAMAGES ARE COMPENSATED.

What? 5. Food Damage

Actual damages are compensated for the real damage to the person suffering from damage, including: physical damage and damage caused by mental damage.

1. The material damage is in the compensation of the State in criminal proceedings, including: damages caused by property under regulation at Article 45 of the TNBTCNN Law; damage caused by actual income lost or reduced by regulation in the United States. Article 46 of the TNBTCNN Law; damages to the material caused by the compensation have died under 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 been dropped. The investigation, the prosecution, the trial: the cost of renting the defense, the cost of the train, the travel.

2. Damage caused by the mental loss of state compensation in criminal proceedings, including: damage caused by mental damage during the period of detention, detention, pending imprisonment in paragraph 2 of Article 47 Law. TNBTCNN: The damage caused by mental damage in the event of a fatal casualty at 3 Article 47 TNBTCNN; damage caused by mental damage in the case of a health breach stipulated at 4 Article 47 TNBTCNN; damage. due to mental losses in the case of prosecution, prosecution, trial without parole, detention or law enforcement execs, Prison sentence for a suspended sentence at 5 Article 47 TNBTCNN.

What? 6. Damage caused by property

1. Damage caused by the compromised property identified under Article 45 of the TNBTCNN Law. When applying Article 45 of TNBTCNN Law, need 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 that the operating lease is an operating lease, 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, 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? 7. Damage caused by actual income lost or diminished

1. The person with the damage (including the case of the deceased) was only compensated for the actual income that was lost during their detention, detention, prison punishment.

2. The actual income lost or the reduced loss of the damaged person is identified as follows:

a) Base to determine the lost or reduced income of the person suffering from the damage prescribed at Article 46 TNBTCNN;

b) The case before being suspended, detention, the prison punishment for which the person suffered from a steady income from the wage in the payroll, public money from the labour contract, is based on the salary, public wages of the adjacent month before the person is temporarily suspended. Hold, hold, execute the prison penalty to determine the actual income lost;

c) The case before detention, detention, the imprisonment of a prison sentence for which the person suffers from a regular job of employment and monthly income, but with varying income levels, then taking the average income of 3 months adjoining before being held, temporarily suspended. Incarceration, enforcement of the prison sentence as a base to determine the actual income lost;

d) The case before being suspended, detention, the imprisonment of the prison penalty for which the injured were farmers, fishermen, salmoners, growers, rents, small traffickers, craftsmen, other workers, the practice of income, but according to the harvest. Or not continuously, the average income of the local labor. The average level of income is due to the local government where the person suffers from damage to the residence. Where the average income is not determined, the compensation is determined according to the minimum minimum wage provided by the State at the time of the compensation settlement (the latter is generally the minimum wage) as the base to determine the income. The reality is missing.

3. The damaged person has been organ-paid, the employer pays wages, paid labor wages under the rule of labor law, social insurance in the time of detention, detention, prison punishment, and they are not receiving a paycheck. I mean, usually, If the person suffers from damage to the body, 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? 8. The damage to matter in the case of people suffering from death

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 down to emergency facilities at the medical facility; prescriptions and money buys medical devices; the costs of screening, X-rays, CT scans, ultrasound, testing, surgery, blood transfusion, according to the doctor; money Hospital fees; money resupply, health recovery money for people who are damaged by doctor ' s designation; actual costs, other needs before the cost. when the person is killed (if any).

2. The cost for the burial of the person with the damage to death in paragraph 2 Article 48 of the TNBTCNN Law is determined by the degree of burial grant due to the law on social insurance regulations.

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? 9. Physical damage caused by health damage

1. The reasonable cost for the rescue, fostering, health recovery and loss of function, suffered from the loss of the person in the prescribed damages at 1 Article 49 TNBTCNN Law includes: the costs are directed at 1 Article 8 This Notice and the expenses. for the installation of prosthetic legs, prosthetic hands, eye-eye, wheelchairs, crutches, crutches, and recovery of aesthetics and other costs to support or replace some of the functions of the lost or reduced body 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. The reasonable cost and actual income loss of the person caretaker suffered during the prescribed treatment period at paragraph 3 Article 49 TNBTCNN Law is defined as follows:

a) The person with the damage is only compensated for the cost of the reasonable cost and the actual income of the person caretaker if the care is required or required by the medical facility;

b) The reasonable costs of the person ' s care are damaged during the treatment period including pre-shipping, travel vehicles, rent-rent accommodation on the local average price where the cost of the cost (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 a regular person to take care of the person is no longer able to perform the production activity of raw material due to spinal paralysis, two-eyed blindness, two limbs, severe mental suffering and other cases due to the body. The state has jurisdiction. 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 wages paid to the local disabled caregivers where the person suffered a residency.

What? 10. Damage caused by mental loss

1. Damage caused by mental damage during the period of detention, detention, prescribed imprisonment at paragraph 2 Article 47 TNBTCNN or during the prosecution, prosecution, trial, execution, without parole, detention, penalty execution execution, detention, and imprisonment. Prison term (including cases of imprisonment in prison) stipulated at the 5 Article 47 TNBTCNN Law 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. the month;

Example: At the time of its release, the state's minimum wage was 830,000, thus a minimum wage would be: 830,000 copper: 22 = 37,723.

b) The time to charge damages is determined since the day the damage was suspended or the prosecution was held up to the date of the sentence, the decision of the body to be competent in the criminal proceedings of the identification of the person did not carry out the conduct. A violation of the law or non-execution of criminal offences under a compensated case stipulated at Article 26 of the TNBTCNN Law and guidelines on Article 2 of this Article. It must be determined that the number of days is suspended, detention, imprisonment, and the number of days on the outside.

Example: Mr. A was detained and had been under arrest since December 1, 2009; for the remainder of his reign, Mr A continued to be imposed on a restraining order. On March 1, 2010, Mr. A was on bail. On 20 March 2010, the investigative body decided to suspend the investigation into Mr A with the reason Mr A did not commit the offence. In this case, determine the damage caused by the mental loss that Mr A was compensated as follows:

-The number of days of reality is suspended, detention: 31 days (December 2009) + 31 days (of January 2010) + 29 days of February 2010 = 91 days;

-The number of days without parole, detention (in foreign) is compensated for 20 days (from March 1, 2010 to 20/3/2010);

-The number of days compensated according to the minimum wage is: (91 days x 3) + 20 days = 293 days;

In this example, the amount of money Mr. A was compensated by the State was: 293 days x 37,723 copper = 10,920,989 copper.

Example 2: Mr. B was suspended from January 1, 2010, the Census Agency twice extended, 1 on January 3, 2010, twice on 06/01/2010. By 07/01/2010, the Institute for the Cancellation Of the Decision to Halt and the Investigative Agency returned Mr B for not enough grounds for the prosecution of Mr B. In this case, determining the damage caused by the mental loss that Mr. B was compensated as follows:

-The actual number of days in which Mr. B is suspended is: 8 days;

-The number of days compensated according to minimum wage is: 8 x 3 = 24 days;

-The amount of money Mr. B is compensated by the state is: 24 days x 37.723 copper = 905,352 bronze.

For example, 3. Mr. C was convicted (but not suspended, suspended) from 1 January 2010. On 20 March 2010, the Census Agency decided to suspend the investigation against Mr C, citing Mr C not performing a criminal offence. In this case, determine the damage caused by the mental loss that Mr C was compensated as follows:

-The number of days Mr C was compensated as: 80 days (31 days of January 2010 + 29 days of February 2010 + 20 days of March 2010);

-The amount of money Mr. C is compensated by the state is: 80 days x 37.723 copper = 3,017,840 copper.

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) The case of a person who is killed in the time of detention, detention, prison punishment without due fault of their own or not due to the unimpeded event is compensated for damages of three hundred and sixty-six months of common minimum wage due to the House. The water rules at the time of the 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) The case of a person who is killed in the time of detention, detention, prison punishment, which is due to their own error or the unimpediability event, is not compensated by the damage of the mental loss in paragraph 3 Article 47 Laws. TNBTCNN has only been compensated for the damage caused by the mental loss in accordance with Article 2 of Article 47 of the TNBTCNN Law and in the direction of this one Article;

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

3. Damage caused by the damage to the mental loss is the amount of damage that is determined beyond the damage prescribed at the 45th, 46, 48, and 49 TNBTCNN regulations.

Chapter III

COMPENSATION FOR COMPENSATION

What? 11. The file requires compensation

1. The person with the damage, the person of the person with the damage or their legal representative must submit a claim for damages to the body responsible for compensation by regulation at 1 Article 34 TNBTCNN Law. The damages claim to the damages must have the primary content stipulated in paragraph 2 Article 34 of the TNBTCNN Law and other content under the Single Form 01a, 01b attached to this.

2. If the required compensation claim must have the following papers:

a) Decision, the sentence has been in effect law as the basis for determining the case of the compensation stipulated at Article 26 of the TNBTCNN Law and guidelines on Article 2 of this Article

b) The main copy or copy of one of the types of identification by the person is damaged. The case of a person who suffers from undirect damages to the damages claim that their legal representative on behalf of, then must have the authority 's commission of the damages and the papers that prove the person' s relatives are authorized as: proof. the people ' s or confirmation of the local government where the person suffers from the damage to the residence or confirmation of the agency, the organization where the damage is done;

In case of the person suffering from the damage to the person of the person suffering from the damage to the claim, there must be papers that prove their relationship to the person who is damaged as: the household, the marriage certificate, the birth certificate, the proof. The people 's people' s letters require compensation ... or the confirmation of local authorities where the person suffers from the damage or confirmation of the agency, the organization where the person with the damage to confirm the person who is damaged is the person of the person requesting compensation.

c) The documents, the valid evidence to demonstrate the reasonable costs, the income of the person with the damages before being held, suspended, accepted the punishment of imprisonment (if any).

What? 12. Identilocate the time of a claim

In accordance with Article 5 of the TNBTCNN Act, the time of the claim for compensation is two years from the date of the verdict, the decision to have the law enforcement effect of the criminal proceedings. Or do not perform the offense in one of the cases compensated. The identification of the date required for compensation to calculate the time is done as follows:

1. The case of a person who requires a compensation directly to the authorities with the authority to resolve the compensation the day the claim is usually the filing date.

2. The case of a claim to a claim to send a file via a post office, the date of the claim is the date of the post office. The case does not specify dates, months, years according to the file envelope on the case envelope, which is done as follows:

a) The case of an organ of day having the authority to resolve the compensation received by the transfer post which the time of the request for compensation remains, the date of the claim that the date of the request is the date received by the post office;

b) The case of the body day the authority to solve the compensation received by the post office, which the event of the event is, the authority to resolve the compensation must proceed to verify the date of the application in the post at the post office. as follows:

-If the verified claim to the date of the claim to a post at the post office, the date of the claim is the date of the filing at the post office;

-If you do not verify the date of the claim to the claim to the post office, the date of the claim is the date of the record in the request for compensation.

What? 13. The single receptor requires compensation

1. When receiving a claim case, the body responsible for compensation must check and determine the validity of the order and the documents, documents accompanying. The case case is incomplete, the instructions for the request for additional compensation.

2. In the 5-day period of work, since the date of receiving the application and the valid papers, if determining the claim to the compensation of your resolve, the agency has received the case to be reasonable and informed by writing about the application of the application to the requested person. I'm sorry The case of the application agency that the incident does not belong to its resolve, it must be answered in writing, stating the reason, returns the case and instructs the person asking for compensation to send the application to the body responsible for compensation stipulated at Article 34. The TNBTCNN and guided by Article 4 of this joint venture.

What? 14. Organization of Compensation Settlement

1. During the 3-day period of work, since the day of the application of a single claim, the chief executive officer in charge of the responsibility of the jury must make a decision to make the decision to make a settlement.

The case for the head of the agency in charge of the compensation is that the person who conducts the proceedings has caused the damage or wife (or husband), grandfather, grandmother, maternal grandfather, grandmother, father, father, father, mother, mother, mother, child, child, child, child, child, brother, sister, sister, brother, sister, sister, sister, sister, brother, sister, sister, sister, sister, sister, sister, sister, sister, sister, sister, sister, sister, sister, child The bowel, the grandson, the grandson of the person who conducts the proceedings, has caused the damage or the loss of the person (the following is the person involved), the body leadership and the discussion, and the unity of the body. is responsible for the settlement of the compensation.

2. The representative who performed the settlement settlement must have enough of the following conditions:

a) As a person with the title of justice (The investigator, the Examine, the Judge) hold the following post:

-At the district level: as Prime Minister, Deputy Chief Executive Officer; Institute of Ministers, Deputy Director of the Institute for Human Examination; Chief Justice, Deputy Chief Justice of the People ' s Court;

-At the provincial level: the leader of the department level or the equivalent of the Chief Minister of the Authority to conduct committee proceedings;

-In the Central: as the Chief Minister, Deputy Chief of the investigation; the Prime Minister, Deputy Head of the Agency tasked with conducting a number of investigative activities; Senior Leadership, Deputy Director of the Central Military Examination Institute was inspected by the Institute of Police. The Supreme Court of Justice, Deputy Chief of the Court of Appeal or Chief Justice, Deputy Chief of the Supreme Court of the People's Court, Deputy Chief Justice of the Central Military Court is authorized by the Supreme Court of the People's Court;

b) There is a work experience in the field of criminal proceedings;

c) Not the relevant person of the execs who caused the damage or of the person being damaged.

3. The representative who performs the compensation settlement must be held accountable to the chief minister who is responsible for compensation for the settlement of compensation and has the duties, the prescribed powers at Article 8 of the number of states. 16/2010/ND-CP March 3, 2010 by the Government Regulation and guidelines for some of the provisions of the TNBTCNN Law.

What? 15. 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 and 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 property. relevant agencies about the settlement of the compensation.

The damage verification deadline is 20 days, since the application of a single receptor requires compensation; the case has many complex conditions, or has to be verified in many locations where the verification deadline may be extended but not more than 40 days.

What? 16. The compensation deal

1. During the 3-day period of work, since the end of the verification of the damage, the representative performed the settlement of the compensation required to conduct negotiations with the person who was damaged or their relatives over the damages.

The duration of the negotiation is 30 days, since the date of the conclusion of the damage; the case of the situation has more complex conditions, but the duration of the negotiation may be extended but not more than 45 days.

2. In the event of a person suffering from the death of many relatives, it is required that the persons of the damage to be executed for the damages of the damages. The representation of representatives must be established in writing.

3. The bargaining component consists of the representative who performs the settlement of the compensation and the person with the damage or their legal representative.

4. The negotiation is conducted at the compensation of the compensation settlement or at the headquarters of the People ' s Commission, the ward, the town where the person is harmed, working.

5. When the negotiation process must consider the damages required for compensation in the required application, the papers, documents accompanying the application. The base on compensated damages stipulated at the 45th, 46, 47, 48, and 49 TNBTCNN Laws; other regulations on regime, standard, valuation by the State (if any) and guidance in this Federal Information to negotiate the extent of the government. The damage is compensated, the compensation level.

6. The negotiation must form a record of the specified content at paragraph 4 Article 19 of the TNBTCNN Law and according to the Form 02a, 02b is issued with this Article.

What? 17. Decide settlement decision

1. According to regulation at Article 20 of the TNBTCNN Law, in both the case of negotiation of the city and the negotiation is not successful, the body responsible for compensation must be decided to resolve the compensation.

In the period of a delay of 10 days, since the end of the negotiation, the base on the results of the damage verified, 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 chief minister. The authorities responsible for the damages are 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 03a, 03b issued with this Article.

2. The decision to resolve the compensation was sent directly to the person with the damage, the agency ' s direct-to-direct agency responsible for compensation and the person who carried out the proceedings caused 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? 18. Deliver the compensation settlement to the compensation.

1. The delivery of the settlement resolution to the person is compensated by one of the following:

a) The representative of the body is responsible for compensation;

b) The representative of the People's Composition Committee where the individual suffers from the damage of residence, the organization of the damage to the headquarters in the case of the decision to settle the compensation settlement through the Social People's Committee;

c) Others are prescribed by law (e.g., inheritance ...).

2. The procedure to resolve the settlement resolution:

a) The person who made the delivery of the settlement resolution must directly give to the person to be compensated. The person who is compensated must sign the receipt or register the decision to resolve the compensation. The date of the recipient ' s claim to be counted as the date received the decision to resolve the compensation.

b) The case of a person who is compensated is absent, and the decision to resolve the compensation may be assigned to the person who has the ability to conduct civil behavior with them. Relatives of the compensated person must sign the receipt or register the decision to resolve the compensation. The date of the person ' s body is compensated to be counted as the day the compensation received the decision to settle the compensation.

The person who is compensated with no relatives has enough of the civil law to reside or have but they refuse to accept the decision to settle the compensation, then it is possible to settle the settlement resolution through the People's Committee of the People. It ' s compensated.

In the case of the decision to settle the claim by others, the person who made the decision to make the decision to compile a written statement of the person being compensated is absent, and the decision to resolve the reparation was given to anyone; the date, time of hand; The relationship between the recipient with the person is damaged; the commitment to the end of the decision is determined to settle the compensation for the compensation. The receipt has the signature of the recipient of the decision to resolve the compensation and the person who executed the decision to resolve the compensation, the witness.

3. The case of a person who is compensated absent from the return of time or unknown to the address, the person who makes the decision to resolve the decision to make a statement about not making a decision. The text must have the signature of the person who provides the information about the person to be compensated.

4. The case of the compensation refused to take the decision to resolve the compensation, the person who executed the decision to make a statement, stating the reason of the rejection.

What? 19. Restoration of honor for the injured

1. The restoration of honor for the injured in criminal proceedings is conducted under the regulation at Article 51 of the TNBTCNN Law.

2. The representative of the agency in charge of the compensation must carry out the apology for the damage that is one of those prescribed at the point a 2 Article 14 of these terms.

3. The location of the apology is the residence or at the site of the person ' s damage. The body responsible for compensation must inform the time, the venue to apologize to the body where the person suffers from the damage to work, local authorities where people are suffering from the damage of residence and political organization-the society in which the damage is successful. In order for the agencies, this organization sends an agent to attend.

Chapter IV

PAY COMPENSATION, RESOLVE DISPUTES OVER DAMAGES AND DAMAGES

What? 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 Court ' s legal effect, the body responsible for compensated the granting of the grant and the pay of the compensation to the person. Compensation in accordance with Article 54 of the TNBTCNN Law and the direction of the Ministry of Finance and the Ministry of Justice in terms of accounting, management, use, budget decisions that carry out the compensation of the State.

What? 21. Resolve dispute resolution of damages

During the course of the compensation settlement damages in criminal proceedings, if there is a dispute over the responsibility for damages between the authorities in criminal proceedings, the dispute resolution is as follows:

1. The case of dispute between the competent authorities in criminal proceedings in the industry, then the direct-level head of the agency considers the settlement.

2. The case of dispute between the competent authorities in the criminal proceedings of the sections of the sector, the Prime Minister of the relevant sectors co-ordinated each other to review the settlement.

Chapter V.

EXECUTION CLAUSE

What? 22.

1. This message is valid for execution after 45 days, since the date of the board.

2. This information replaces the Digital Federal Information 04 /2006/TTLT-VKSNDTC- TANDTC-BCA-BTP-BQP-BTC November 22, 2006 of the Supreme People 's Examination Institute, Supreme People' s Court, Ministry of Public Security, Ministry of Justice, Ministry of Defense, Ministry of Finance directed the implementation of several provisions of the Number Resolution 388 /2003/UBTVQH11 March 17, 2003, of the Standing Committee of the National Assembly on Compensation Damages to the wrongfully-authorized person in criminal proceedings.

What? 23.

In the course of the execution, if there is an unguided or unguided or unexplained guide, additional guidance, agencies, organizations, individuals reflect on the Supreme People's Institute, the Supreme People's Court, the Ministry of Public Security, the Ministry of Justice, the Ministry of Defense, The Ministry of Finance, the Ministry of Agriculture and Rural Development to have timely interpretation or guidance.