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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CIRCULAR guide implementation of the State compensation liability in criminal activity _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ To the correct and uniform enforcement of the provisions of the law of the State compensation liability of compensation liability in criminal activity, the Supreme People's Procuratorate, the Supreme People's Court , Ministry of public security, Ministry of Justice, Ministry of defence, the Ministry of finance, Ministry of agriculture and rural development of uniform guide as follows: chapter I GENERAL PROVISIONS article 1. Scope this circular guiding the implementation of some provisions of the law on State compensation responsibility (hereafter abbreviated as TNBTCNN Law) about the responsibilities of State compensation for the victims of physical or mental harm caused by someone competent in criminal activity caused when conducting litigation activities photos the.
Article 2. The case was compensation for damage 1. The State has the responsibility to compensate the damage caused by the conduct of the proceedings caused in criminal activities when in one of the cases specified in article 26 of law TNBTCNN.
2. a Person detained in the case prescribed in clause 1 Article 26 of the law on compensation is TNBTCNN when there was a decision of the competent person or agency active in criminal proceedings to cancel the decision of custody because that person does not make violations of the law that the competent authorities have cited as bases for the decision of custody for them.
Example 1: district public security Nguyen Van custody T A and 8 other people in the service of gambling at home c. Through investigation had determined at the time A to C to repay home and then detained, should investigating authorities had decided to cancel A custody decision. In this case, Nair A compensation for damages.
Example 2: border guard district 56 A Rumor caught 10 Vietnam people are shipping goods illegally over the border of Vietnam and ordered their detention. Through the investigation of violations determined not to prejudice to criminal liability, so that has annulled the decision of custody to handle them administratively. In this case they've had violations of the law (unlawful carriage of goods across borders), should not be compensated for damage.
3. People with detention in the case prescribed in clause 2 Article 26 of law TNBTCNN was in damages when a decision of the agency or competent person in criminal proceedings to cancel the decision of detention, suspension, suspension of investigation or a court case declaring the accused not guilty because one of the following reasons : a) detention sufferers do not make violations of the law;
For example: Mr. A under detention and being accused of murder. The investigation process has proven A does not perform acts of murder. Procuracy has decided to cancel the decision on detention, the investigating agency has decided to suspend the investigation of the case against the accused A. In this case, A compensation for damages.
b) Who suffered detention had made violations of the law but that behavior is not the offences specified in the criminal code;
c) Have the expiry investigations which does not prove suspect has done the crime.
4. The person has done or Executive are criminal prison term, life imprisonment, who was sentenced to death, who have been enforcing the death penalty in the case prescribed in clause 2 Article 26 of law TNBTCNN be compensation when the verdict, the decision of the competent court of law has determined that the person does not make the offence or that person's behavior does not constitute a crime.
Article 3. The case is State compensation is not compensation for the following cases: 1. The cases specified in article 27 of law TNBTCNN.
a) People subject to the provisions in clause 1 article 27 law of TNBTCNN who are exempt from criminal liability under the provisions of article 14, article 25, paragraph 2, Article 69, paragraph 3 to article 80, paragraph 6 to article 289, paragraph 6 Article 290, paragraph 3 to article 314 of the Penal Code.
b) People subject to the provisions in clause 2 article 27 law of TNBTCNN is the deliberately deceptive or declarations provided documentation, other false evidence to the crime instead of the other person or to conceal the crime by others made.
2. where the prosecution has made dangerous for social behavior, are prescribed in the criminal code, but are not subject to criminal liability which was applied to judicial measures prescribed in article 43 or Article 70 of the Penal Code because they don't have the capacity for criminal responsibility (mental illness or other diseases do lose cognitive ability or the ability to control their behavior according to the provisions of article 13 of the Penal Code) or because they have not yet reached the age of criminal responsibility (under the provisions of article 12 of the Penal Code).
Article 4. The Agency is responsible for compensation of damage 1. The investigating agency, the Agency was tasked to conduct a number of investigative activities is responsible for compensation under the provisions of article 30 of law TNBTCNN; in particular one of the following cases: a) Have the custody decision, but competent Procuratorate had decided to cancel the decision of custody there because the person detained has no violations of the law;
b) Has the decision to prosecute accused but competent Procuratorate approved the decision not to prosecute accused because prosecution did not make the offence;
c) Has custody decisions, but then canceled the decision of custody there because the person detained is not made violation of the law.
2. the Procurator responsible for compensation in the following cases: a) The case prescribed in article 31 of law TNBTCNN;
b) case of Procuratorate approved the decision to prosecute accused or procurator have the decision to prosecute accused but who is accused is not detained, the detention, then the decision of the competent authorities in criminal activities identified that person not make the offence and they in case of compensation for damage According to the provisions in paragraph 3 Article 26 of law TNBTCNN, the responsible agency compensation is the procuratorate has approved the decision to prosecute accused or procurator have the decision to prosecute accused;
c) case of Procuratorate approved the decision to prosecute accused but who is accused is not detained, the detention is at the stage of the investigation, the prosecution; After the transfer of records to the Court for trial, the Court has decided to adopt the measure of detention; then the trial of the first instance court declares the defendant not guilty or the court charged additional investigation records but then accused be suspended the investigation because it did not make the offence and the person in the case compensated for damage prescribed in paragraph 3 Article 26 of law TNBTCNN , the procuratorate has approved the decision to prosecute accused are responsible in damages.
3. The Court is responsible for damages in cases stipulated in article 32 of law TNBTCNN.
4. where the authorities responsible in damages have already been split, merger, consolidation, dissolution or the Trustees implemented the public service, the agency responsible for determination of compensation is made according to the provisions in point a and point c paragraph 2 article 14 of law TNBTCNN.
For example: Mr. T gets people's Procuracy HT (before merging with HT HN) prosecuted for the crime of abuse of trust property seized, the Court of first instance declared the trial HT Nair T not guilty, the verdict in force law. After the merger with Nguyen Van HN, HT T damage claim, the Agency has the responsibility to resolve the compensation is the city people's Procuracy HN.
Chapter II DETERMINATION of DAMAGE COMPENSATION article 5. Actual damage actual damage is to be compensated for damages that the victims have to suffer, including: physical damage and damage caused by loss of morale.
1. Physical damage are the responsibility of State compensation in criminal activities, including: damage caused by compromised assets according to the provisions of article 45 of law TNBTCNN; damage caused by lost or real income decreasing according to the provisions of article 46 of law TNBTCNN; the physical damage caused by people who are dead compensation according to the provisions of article 48 of law TNBTCNN; the physical damage caused by compromised health according to the provisions of article 49 of law TNBTCNN; the actual cost of the victims dropped out during the process of investigation, prosecution, trial, such as the cost of renting the excuses, the cost to ship a car, go back.
2. Damage caused by loss of the spirit are the responsibility of State compensation in criminal activities, including: damages due to loss of sense of time in custody, detention, imprisonment penalty prescribed in clause 2 Article 47 of law TNBTCNN; damage caused by loss of morale in the case of the victims of death prescribed in paragraph 3 to article 47 of law TNBTCNN; damage caused by loss of spirit in case of compromised health as defined in paragraph 4 to article 47 of law TNBTCNN; damage caused by loss of morale in the prosecution case, prosecution, trial without custody, detention or enforced for improving detention, imprisonment not to affect probation provisions in clause 5 Article 47 of law TNBTCNN.
Article 6. Damage caused by compromised assets 1. Damage caused by compromised property is determined according to article 45 of law TNBTCNN. When applying Article 45 of law TNBTCNN, to note some of the following points: a) the market price specified in item 1 and item 2 Article 45 of law TNBTCNN is the market price at the time of claim resolution and locally where the damage occurs;
b) where damages arise due to non-use, rental property exploitation that before levy had the lease of property, the real income lost calculated on damage compensation is determined as follows:

-For property rental contract is a contract to hire active, actual income loss is determined by the price of the property or assets of the same type have the same specifications, features, quality and effects at the time of compensation;
-For property rental contract is financial lease, the actual income loss is worth the rest of the contract.
c) where compromised property is land use, housing, buildings and other assets tied to the ground stroke damage compensation is determined according to article 45 of law TNBTCNN and the provisions of the law of the land, building and housing. 2. Interest for the time the funds prescribed in paragraph 4 to article 45 of law TNBTCNN is calculated from the date the victims paid into the State budget, foreclosure, execution, put money in to ensure the Agency has the authority to promulgate the decision on compensation of the Agency are responsible for compensation or judgement day the decision of the Court about the settlement of compensation effect of the law.
Article 7. Damage caused by lost or real income decreasing 1. The victims (including dead cases) only be compensated actual earnings lost during the period of their detention, detention, imprisonment sentence.
2. Real income lost or loosening of the victims are identified as follows: a) the base to determine real income lost or loosening of the damage specified in article 46 of law TNBTCNN;
b) case before the custody, detention, jail penalty that victims have steady income from wages in payroll, remuneration from employment contracts, shall be based on the salary, the remuneration of the month before that person being adjacent to the custody, detention, imprisonment sentence to determine the actual earnings are lost;
c) case before the custody, detention, jail penalty that victims have jobs and regular income monthly, but have different income levels, then take the average income level 3, adjacent before custody, detention, penalty of jail as a base to determine the actual earnings are lost;
d) case before the custody, detention, penalty of jail that the victims are farmers, fishermen, salt, people who do the hiring, small merchants, craftsmen, other labor, real income, but seasonal or intermittent, then take the median income level of local workers of the same kind. The average income level by local authorities where the victims reside. The case does not determine the level of the median income, the amount of compensation is determined according to the general minimum wage by State regulations at the time of compensation (hereafter referred to as the minimum wage) as a base to determine the actual earnings are lost.
3. Victims were authority, employers who pay wages, pay the workers according to the provisions of the labour law, social insurance during the custody, detention, penalty of jail then they do not receive compensation. If the victims are bodies, employers who pay wages, pay labour part then the rest are defined as decreasing real income and they are compensating decreasing earnings.
Article 8. Material damage in the case of the victims die 1. Reasonable expenses for the cure, fostering, care of people suffering damage before death prescribed in clause 1 Article 48 of law TNBTCNN is the actual costs required, consistent with the nature and the extent of the damage, in line with the average price in the locality at the time, including : rent an emergency victims in health facilities; drug money and money to buy medical equipment; the cost of screening, x-ray, tomography, ultrasound, laboratory tests, surgery, blood transfusions as directed by a physician; money hospital fees; Next, the protein money fostering rehabilitation for victims as directed by a physician; the actual cost, necessary before the victims die (if available).
2. Costs for the buried victims die prescribed in clause 2 Article 48 of law TNBTCNN is determined by the funeral allowance by the law on social insurance regulations.
3. The person who suffered the damage is done the obligation of support stipulated in paragraph 3 Article 48 of law TNBTCNN and the time to enjoy one's pension is made under the provisions of the law on marriage and family.
Article 9. The physical damage caused by compromised on health 1. Reasonable cost for the remedy and upgrading, restore health and function is lost, the loosening of the victims as stipulated in clause 1 Article 49 of law TNBTCNN includes: the costs are the instructions in paragraph 1 article 8 of this circular and the cost for the fake leg mounting fake fake eyes, hands, buy wheelchairs, scooters, crutches and cosmetic restoration and other costs to support or replace part of the lost body function or loosening of the damage (if any).
If the State Agency has paid the entire cost of the damage is not compensated; the case of State bodies have paid part of the costs of the damage compensation remaining costs section.
2. Reasonable cost and actual loss of income of people who take care of the victims during the treatment prescribed in paragraph 3 Article 49 of law TNBTCNN are defined as follows: a) the victims only to compensation costs reasonable and actual income loss of caregivers who suffer damage if the care that is necessary or because the base health requirements;
b) The reasonable costs of caregivers who suffer damage during treatment including the money train, travel, car rentals, accommodation according to average price locally where the costs (if any);
c) real income lost by carers who suffered damage in the duration of treatment is determined by the provisions of article 46 of law TNBTCNN and follow the instructions in paragraph 2 article 7 of this circular.
3. The victims lose the ability to labor and need regular care is the person who is no longer capable of carrying out the production of material wealth due to spinal paralyzed, blind eye, paralysis of two genera, suffered severe mental and other cases by the competent State Agency regulations. More affordable for people who regularly take care of the victims lose the ability of labour provisions in clause 4 Article 49 of law TNBTCNN is calculated by the average wage paid to the care of people with disabilities in the locality where the victims reside.
Article 10. Damage due to the loss of the spirit 1. Damage due to the loss of the spirit during the custody, detention, imprisonment penalty prescribed in clause 2 Article 47 of law TNBTCNN or during the prosecution, prosecution, trial, execution without custody, detention, enforcement of the penalty of jail term (including cases of enforcement of punishment beyond imprisonment) stipulated in clause 5 Article 47 of law TNBTCNN is determined as follows: a) a day minimum wage is determined by obtaining the minimum wage stipulated by the Government apply to public servants working in the State administrative organs at the time of compensation divided by 22 is the number of average working day of each month;
For example, at the time of issuance of this circular, the general minimum wage by State regulation is 830,000 dong, so a day minimum wage would be 830,000 Dong: 16: = 37,723 copper.
b) time for the calculation of the compensation is determined from the day of victims detained or prosecuted accused until there is a verdict, the decision of the competent authorities in criminal activities identified that person not made violation of the law or do not make the offence in the case of compensation prescribed in article 26 TNBTCNN Law and guidance in article 2 of this circular. In which a specific number of days to determine custody, detention, imprisonment and the penalty of the day.
Example 1: A Man detained and prosecuted accused from 01/12/2009; expiry of the custody, he A continuously applied preventive measures of detention. To date 10/3/2010 then he A. On 20/3/2010, investigating authorities decide to suspend the investigation against him with the reason he doesn't perform A sinful behavior. In this case, identify the damage due to the loss of the spirit that he A is to be compensated as follows:-actual number of days in custody, the detention is: 31 days (December 2009) on + 31 (01/2010) + 29 days of November 2010 = 91 days;
-The number of days not custody, detention (bail) compensation is 20 days (from the day 1/3/2010 to 20/3/2010);
-The number of days to be compensated by the minimum wage is: (on 91 x 3) + 20 days = 293 days;
In this example, the amount that A State compensation is: 293 day x 10,920,989 = 37,723 copper.
Example 2: Mr. B custody from 01/01/2010, the investigating agency has twice extended his custody, first on 03/01/2010, 2 times on 06/01/2010 (the Procurator decided to approve the decision to extend custody). To date 07/01/2010, procuratorate cancelled the decision of custody and authorities have freed Mr. B because of insufficient grounds for prosecution for accused Mr b. in this case, identify the damage due to the loss of the spirit that Mr. B be compensated as follows the actual number of days:-Mr. B custody is: 8 days;
-The number of days to be compensated by the minimum wage is: 8 x 3 = 24 days;
-The amount of money he claims State B is: x = 37,723 905,352.
Example 3. C he prosecuted accused (but not custody, detention) from 01/01/2010. On 20/3/2010, authorities decided to suspend the investigation against him with the reason he C not taken offence. In this case, identify the damage due to the loss of the spirit that he C be compensated as follows:-the number of days he C compensation is: 80 days (31 days of December 2010 + 29 days of March, 2010 20 days of March, + 2010);

-The amount of money he is State compensation is C: 80 x 3,017,840 = 37,723 day.
2. Damage caused by loss of morale in the case of the victims of death prescribed in paragraph 3 to article 47 of law TNBTCNN are defined as follows: a) the case of the victims died during custody, detention, imprisonment sentence which is not their own fault or not caused by events of force majeure shall be compensated for damages is three hundred and sixty months the general minimum wage by State regulations at the time the compensation settlement. In this case, no additional compensation for damages due to the loss of the spirit according to the provisions in clause 2 and clause 5 Article 47 of law TNBTCNN and follow the instructions in paragraph 1 of this article;
b) where the victims died during custody, detention, penalty of jail that their fault or due to force majeure events shall not be compensated for damages due to the loss of the spirit according to the provisions in clause 3 of the Article 47 of law TNBTCNN that just compensation for damages due to the loss of the spirit as specified in paragraph 2 to article 47 of law TNBTCNN and according to the instructions in paragraph 1 of this article;
c) compensation for damages due to the loss of spirit is compensation for the relatives of the victims (wife, husband, father, mother, father, foster mother, child, adopted child of the person who suffered the damage, who directly cultivates the victims). Those who are compensated in this case must be alive at the time of the victims die.
3. The damages due to the loss of the spirit of compensation is defined outside the damages clause the damages stipulated in articles 45, 46, 48 and 49 of law TNBTCNN.
Chapter III PROCEDURE of COMPENSATION article 11. Claim profile 1. The victims, relatives of victims or their legal representative must submit the claim to damage compensation responsibility according to the provisions in clause 1 Article 34 of law TNBTCNN. The compensation claim must contain the main content as specified in paragraph 2 to article 34 of law TNBTCNN and other content under the form of 01a, 01b attached to this circular.
2. Enclose the compensation claim must contain the following documents: a) the decision, the judgment has the effect of law as a basis to determine in the case of compensation prescribed in article 26 of law TNBTCNN and the guidance in article 2 of this circular;
b) A primary or a valid copy of the identification of the victims. The case of the victims is not directly sent to claim the damage that their legal representative on behalf of, they must have the authorization of the person who suffered the damage and the proof of identity of the person authorized as: ID or confirmation of the local government where the victims residence or confirm the Agency's the Organization, where the victims worked;
The case of the victims of death which relatives of victims filing your claim, they must have the papers to prove their relationship to the victims as: household, certificate of marriage registration, birth certificate, proof of people who claim ... or certified by local authorities where the victims residence or the Agency's verification, the organization where the victims worked confirmed the victims are relatives of the claim.
c) documents, valid documents to prove reasonable expenses, income of the victims before the custody, detention, imprisonment sentence (if available).
Article 12. Determine the time limits the claim as prescribed in clause 1 article 5 of law TNBTCNN, claim duration is 2 years from the date of judgment or decisions having force of law bodies conducting criminal proceedings determine the victims do not make violations of the laws or do not make the offence in one of the cases was compensation. Determining the claim date for the calculation of time limits shall be as follows: 1. in case the direct claim submission to the competent agency settled on the compensation claim is the filing date.
2. where people claim send by post, the date of the claim is the postmarked date where posted. The case did not identify the day, month and year according to the postmark on the envelope it as follows: a) on case competent authorities resolve the compensation received by the post office records moved to that time still claim, the claim date is the date the profile due to the post office moved to;
b) on case competent authorities resolve the compensation received by the post office records moved to that time has expired, the competent agency compensation must proceed on verification litigants filing at the post office and distinguished as follows:-If the verify is on the claim submitted profile at the post office the day the claim is date of records at the post office;
-If not verified on the claim submitted profile at the post office the day of the claim is on the record in a single claim.
Article 13. Accepting the single claim 1. Upon receipt of the claim, the Agency has the responsibility of compensation must check and determine the validity of the application and the attached documents, papers. Case records are incomplete, the Guide and the additional claim.
2. within 10 working days from the date of receiving the application and the documents are valid, if the claims define the responsibility of his resolve, the Agency received are accepting and notice in writing on the application for the acceptance of the claim. The case agency accepting for that service is not the responsibility of his resolve to reply in writing, stating the reason, return the record and guide the claim sent to the authorities responsible for compensation specified in article 34 of law TNBTCNN and follow the instructions in article 4 of this circular.
Article 14. The compensation settlement organization 1. Within 3 working days from the date of accepting the compensation claim, heads the proceedings are conducted has the responsibility of compensation must decide representatives made the resolution of the claim.
The case agency heads are responsible for compensation is the person conducting the proceedings has caused the damage or the wife (or husband), grandfather, grandmother, grandfather, grandmother, father, mother, father, foster mother (wife or husband-party party), child, adopted child, brother, siblings (wife or husband party-party) , grandson, grandson of the person conducting the proceedings has caused the damage or the damaged person's (hereafter referred to collectively as the person concerned), the leadership collective of the same agency, unified election discussion a representative head responsible for the settlement of compensation.
2. The representative made the settlement of compensation must have the following conditions: a) is a judicial position (investigator, Prosecutor, judge) held as follows:-at the district level: as the heads, Deputy Heads of the investigation; Director, Deputy Director of the people's Procuracy; The Chief Justice, Deputy Chief Justice of the Court;
-In province level: is leader in the room or the equivalent are the heads of the agency conducting the proceedings authorization;
-In: Central is heads, Deputy Heads of the investigation; Heads, Deputy Heads is tasked to conduct some investigation activities; Leader Service, Deputy Director of the Central Military Procurator was Director the Supreme People's Procuratorate authorized; The Chief Justice of the Court, the Associate Chief Justice Chief Justice Court or appeals court Court, Deputy Chief Justice of the Court of the Criminal Court of the Supreme People's Court, the Associate Chief Justice of the Central Military Court was Chief Justice of the Supreme People's court authorization;
b) Has experience in the field of criminal activity;
c) not the person concerned of the person on duty has caused the damage or the victims.
3. The representative made the settlement of compensation must be responsible to the head of the agency responsible for restitution of the compensation and have the tasks and powers under the provisions of article 8 of Decree 16/2010/ND-CP of March 2010 the Government detailing and guiding the implementation of some articles of the law TNBTCNN.
Article 15. Verify the loss within 5 working days from the date of accepting the compensation claim, the representative must organize the verification of damage. The verification of the damage was done on the basis of documents and evidence do people claim the offer. In case of need as defined in paragraph 2 and paragraph 3 Article 18 of law TNBTCNN, the responsible authority may request the Agency held property valuation, assessment of damage to property, damage assessment on health or opinions of the agencies concerned on the settlement of compensation.
The verification period of damage is 20 days from the date of accepting the single claim; the case of more complicated, or are verified at multiple locations, then the verification period can last long but not more than 40 days.
Article 16. Negotiate the compensation 1. Within 3 working days from the date of the end of the verification of the damage, the representative made the settlement of compensation to conduct negotiations with the victims or their relatives about compensation.
The time limit for implementation of the negotiated is 30 days from the date of the end of the verification of the damage; the cases are more complex then the deadline negotiations can last long but not more than 45 days.
2. In the case of the victims of death that has many relatives, then ask the relatives of the victims sent a representative to conduct the negotiations on the compensation of damage. The elected representative must be made in writing.
3. Participation in negotiations include the representative made the settlement compensation and the victims or their legal representatives.

4. The negotiation was conducted at the headquarters compensation or people's Committee at commune, Ward, the town where the victims reside, work.
5. When conducting negotiations to review the damage claim in the petition, the papers, the attached document. Based on the account of damage compensation provisions in articles 45, 46, 47, 48 and 49 of law TNBTCNN; the other provisions on the regime, standards and norms stipulated by the State (if any) and the instructions in this circular to negotiate on account of damage would be compensated, the level of compensation.
6. Negotiations to establish clearly the content thereon as specified in clause 4 Article 19 TNBTCNN and Law No. 809, 02a form attached to this circular.
Article 17. The decision to settle compensation 1. According to the provisions of article 20 shall in all cases TNBTCNN Law to negotiate and not negotiate, the Agency has the responsibility to compensate all must decide compensation.
In the latest period is 10 days from the end of the negotiation, based on the results of verification of the damage, the result of negotiations with the victims or their legal representatives and the opinion of the relevant body (if any), the heads of agencies are responsible for damages to compensation decisions.
Compensation decisions must have the main content as specified in article 20 paragraph 1 TNBTCNN Law and according to the model No. 03a, 03b attached to this circular.
2. Decide compensation was sent immediately to the victims, the superior authority of the Agency directly responsible for compensation and who conducted the proceedings cause damage.
3. compensation decisions in effect after 15 days from the date the victims receive the decision, unless the victims do not agree and Sue off the Court.
Article 18. Affairs decided to settle compensation for person to compensation 1. The delivery of the decision to settle compensation for the compensation due to one of the following people: a) the representatives of the authorities responsible for compensation;
b) represented the people's Committee granted a personal loss to place of residence, the damaged organization headquartered in the case delivered to decide compensation through the social people's Committee;
c) others specified by law (for example: bailiff ...).
2. The procedure of delivery of the decision to settle compensation: a) Who made the delivery of compensation decisions are directly delivered to the person to be compensated. The compensation must subscribe to the minutes or the shared delivery of compensation decisions. On the compensation newsletter count as the date of the decision on compensation.
b) where the person to be compensated absence then decide compensation can be given to relatives to have full capacity for civil acts the same residence with them. Relatives of the person to be compensated must subscribe to the minutes or the shared delivery of compensation decisions. On the person's relatives to compensation calculated on who is letter to compensation received compensation decisions.
The case compensated no relatives have full capacity for civil acts the same residence or have but they refused to accept the households decide compensation then can decide compensation through committees where the township level are compensated.
The allocation of cases to decide compensation through other people who made the delivery of the decision to establish the minutes stating the person was absent compensation, compensation decisions that have been delegated to anyone; the reason; delivery date and time; the relationship between the recipient households with victims; committed to immediate delivery hand decide compensation for people to compensation. The minutes are signed by the person receiving the moving decide compensation and who made the delivery of compensation decisions, the witness.
3. the case compensated absences that do not clearly indicate the time of return or unknown address, it made the delivery of compensation decision must set the minutes about not perform the delivery of the decision. The minutes must be signed by the person who provided the information about the person to be compensated.
4. The case compensated people refused to accept the compensation decision, it made the delivery of the decision to set up the minutes which stated the reason for rejection.
Article 19. Restoring honor to victims 1. Restoring honor to the victims in criminal proceedings are conducted according to the provisions of article 51 of law TNBTCNN.
2. The representative of the body responsible for compensation must do apologize the victims is one of those specified in art. 2 article 14 of this circular.
3. place conducting the excuse is the place of residence or at the place of employment of the person suffering the damage. The Agency has the responsibility to notify the compensation time, location proceed the sorry for the Agency where the victims worked, local authorities where the victims residence and socio-political organizations that victims are members to the Agency, the Organization sent representatives to attend.
Chapter IV PAY COMPENSATION, to RESOLVE the DISPUTE ABOUT the COMPENSATION RESPONSIBILITY in article 20. Payment of compensation based on the compensation decision was in effect responsible authority's claim or judgment, the decision has force of law the Court, the Agency has the responsibility to implement the compensation levels and pay compensation to the person to be compensated according to the provisions of article 54 of law TNBTCNN and the instructions of the Ministry of finance and The France about estimating, management, use, settlement funds carry the responsibility of compensation by the State.
Article 21. Disputes about compensation responsibility in the process of implementation of compensation for damages in criminal proceedings, if there is a dispute about the compensation responsibilities between competent bodies active in criminal proceedings, the following dispute resolution : 1. in case of dispute between the competent authorities in criminal activities within the industry, the heads of the superior bodies that consider the settlement.
2. in case of dispute between the competent authorities in criminal activities in the industry, the heads of the relevant departments to coordinate together to consider the settlement.
Chapter V ENFORCEMENT PROVISIONS Article 22. Effect 1. This circular has the effect after 45 days from the date of signing.
2. This circular replaces circular No. 04/2006/TTLT-TANDTC-VKSNDTC-BCA-BTP-BQP-BTC dated 22 November 2006 of the Supreme People's Procuratorate, the Supreme People's Court, the Ministry of public security, Ministry of Justice, Ministry of defence, the Ministry of Finance shall guide the implementation of some provisions of the resolution No. 387/2003/UBTVQH11 17/3/2003 of the National Assembly Committee on compensation for the damage Vietnamization by authorized person in criminal proceedings.
Article 23. The organization performs in the implementation process, if there are problems or not yet guidelines need to be interpreted, additional instructions, recommended the agencies, organizations, personal reflections on the Supreme People's Procuratorate, the Supreme People's Court, the Ministry of public security, Ministry of Justice, Ministry of defence, Ministry of finance The Ministry of agriculture and rural development to have the explanation or additional instructions promptly.

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