Circular 01/2012/ttlt-Tandtc-Vksndtc-Btp: Guidelines For Implementation Of The State Compensation Liability In Civil Litigation, Administrative Litigation

Original Language Title: Thông tư liên tịch 01/2012/TTLT-TANDTC-VKSNDTC-BTP: Hướng dẫn thực hiện trách nhiệm bồi thường của Nhà nước trong hoạt động tố tụng dân sự, tố tụng hành chính

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THE PEOPLE ' S COURT OF THE EVENING
Number: 01 /2012/TTLT-TANDTC-VKSNDTC-BTP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, September 18, 2012

FEDERAL INFORMATION

Guidelines for the State of the State compensation

in the act of civil proceedings, the administrative proceedings.

_________________

The State Council for Compensation Law was held by the National Assembly of the Socialist Republic of Vietnam XII, the 5th session through June 18, 2009;

The Supreme People 's Court, the Supreme People' s Examination Institute, the Ministry of Justice unified the implementation of the state ' s compensation for the compensation of the state in civil litigation, proceedings 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 the TNBTCNN Law) on the responsibility of the State for damages to the person suffering from material damage or mental damage caused by the action. The laws of those who conduct the proceedings of the Court (later known as the person who have conducted proceedings) caused the conduct of civil litigation, the administrative proceedings.

What? 2. Court cases are responsible for compensation.

The court is responsible for compensation in civil litigation, administrative proceedings in the following cases:

1. Apply the interim emergency measure (later abbreviated BPKCTT) in civil litigation, administrative proceedings (in cases prescribed at 1, 2 and 3 Articles 28 of TNBTCNN).

a) Apply BPKCTT in civil litigation activity

A1) The person who conducted the proceedings on his own decision to apply BPKCTT does not belong to one of the prescribed cases at 1, 2, 3, 4 and 5 Articles 102 The number of civil litigation laws. 24 /2004/QH11 June 15, 2004 has been amended, supplemated by the Amendment Law, which complements some of the provisions of the Census Code. 65 /2011/QH12 March 29, 2011 (later abbreviated as BLTTDS).

For example: During the settlement of the civil case, the plaintiffs did not have a court order to apply BPKCTT under regulation at paragraph 9 Articles 102 and Article 111 BLTTDS on the sale of the disputed frozen food that was seized, but was not required. The court decided to adopt the BPKCTT which was forced to sell the goods to the market. Later, it was recommended that the Court annulled the application of the BPKCTT. The court had the authority to have decided to cancel the application of BPKCTT. In this case, if the person has a single claim for damages and has actual damages arise due to the application of the Tribunal's BPKCTT, the Court is responsible for considering the settlement of the damages.

A2) The person who conducted the proceedings on his own decision to apply BPKCTT in one of the prescribed cases at 1, 2, 3, 4 and 5 Articles 102 BLTTDS when there is not sufficient regulatory conditions at the Articles 103, 104, 105, 106 and 107 of BLTTDS and guide at Section 3 Resolution No. 02 /2005/NQ-HTP April 27, 2005, of the Supreme People's Court of Appeals for the execution of a number of regulations at Chapter VIII "Temporary Emergency Measures" of the BLTTDS.

A3) The person who conducted the proceedings decided to apply the other BPKCTT to the BPKCTT that the individual, the agency, the organization required.

For example: In the process of solving the civil case, the plaintim has a petition requiring the Court to apply BPKCTT under regulation at paragraph 8 Articles 102 and Article 110 BLTTDS on the prohibition of changing property status quo, but the Court applies BPKCTT the property editor. is disputed by regulation at 6 Articles 102 and Article 108 BLTTDS. At the same time the complaint requires the cancellation of the Court's decision to adopt the BPKCTT of the Court, the Court has the jurisdiction to have decided to cancel the application of the BPKCTT. In this case, if the person has a single claim for damages and has actual damages arise due to the application of the Tribunal's BPKCTT, the Court is responsible for considering the settlement of the damages.

A4) The person who conducted the proceedings decided to apply BPKCTT beyond the request to apply the BPKCTT of the individual, the agency, the organization.

For example: Company A has a petition requiring the Court to apply BPKCTT under regulation at paragraph 10 Articles 102 and Article 112 BLTTDS on the blockade of a five hundred million copper account at the Company Z of Company B. However, the Court has decided to adopt the full blockade. The Company B's 10-billion contract at Bank Z. The B Company has a complaint that decides to apply the Court's BPKCTT, the Court of authority has made its decision to cancel the decision to adopt the BPKCTT application.

In this case, if the person suffers from damages claim damages and has actual damages arise due to the Tribunal applicable to the BPKCTT above the request of the requested person, the Court is responsible for considering the settlement of the damages to the injured. damage.

b) Apply BPKCTT in administrative proceedings

b1) The person who conducted the proceedings on his own decision made the decision to apply BPKCTT when there was no requested application of the requested person.

b2) The person who conducted proceedings applying BPKCTT is not true at the request of the incumbent.

For example, the NAD People's Committee decided to grant a license to use 1000 hectares of land for business A to build a new municipality. As business A is conducting urban construction, people residing around the urban area are being built up to the administrative case for the decision to issue a claim to the use of land for business A of the Provincial People ' s Committee. that this decision is illegal and the compensation of the free release is not satisfactory. At the same time as the lawsuit, the people asked the Court to adopt BPKCTT to force the A to temporarily halt the construction of a portion of the municipality bordering on where the people were living. The Court, however, decided to apply BPKCTT to force the A to halt the construction of the entire municipality. Business A complaint recommended the Court to cancel the application of the BPKCTT above. The court had the authority to have decided to cancel the application of BPKCTT. In this case, if business A has a single claim for damages and has actual damages arise due to the application of the Tribunal's BPKCTT, the Court is responsible for considering the settlement of damages to the damaged.

2. Out of the sentence, the decision that is to be known as the legal or intentional misalignment of the case file (regulation at paragraph 4 Article 28 of the TNBTCNN Law) when there are sufficient two following conditions:

a) The verdict, the decision to resolve the civil case, the administrative case has been cancelled according to the director of the jury, retrial;

b) There is a written definition of the rule of law stipulated at 2 Article 3 of this Article 3.

What? 3. The text identifies the illegal behavior of the person who conducted proceedings.

1. The text that defines the law of the law of the person who conducted the proceedings against the decision to apply BPKCTT (in cases prescribed at 1, 2 and 3 Article 28 TNBTCNN Law and instructed at 1 Article 2 This link) is the decision. decide to resolve the complaint, the final petition of the Chief Justice of the Court with the jurisdiction or of the Board of Trial in accordance with regulation at Article 125 BLTTDS or Article 71 Administrative Proceedings.

2. The text that defines the laws of the law of the person who conducted the proceedings, the decision to which it is known is that the law or intentionally falmied the case file (stipulated at paragraph 4 Article 28 of the TNBTCNN Law) and is instructed in paragraph 2 of Article 2. This is one of the following texts:

a) The verdict, the criminal decision of the Court, has the law of law that defines the person who has committed the criminal proceedings against the law of the law or the crimes of the law or the crimes of the case;

b) The decisions include the Decision to suspend the investigation by the Regulatory Agency at the point of a 2 Article 164 Criminal Procedre Code, Decision to suspend the Case of the Prescribed Examination in paragraph 1 Article 169 of the Criminal Procedal Code, Decision The case of the Court by statute of Article 180 of the Code of Criminal Procedal Code for the cause of the cause of the person who carried out the proceedings, decided that it was clear that the law or intentionally misaligned the case of the case was exempt from the statutory duty of Article 25. The Penal Code.

c) The decision to resolve the complaint, concluded the criminal content of the Chief Justice of the Court of the Court, determined that the person who carried out the proceedings was to have the case known as the law or the decision to be made known to be illegal or intentionally misaligned the case file. In the case of the person who conducted the proceedings not yet prosecuted or under investigation, the prosecution, the trial of these acts, is dead.

d) The decision to process the discipline of cadres, civil service to the person who carried out the proceedings of the sentence, knew that it was clear that the law or the decision was made known to be illegal or intentionally misled the case file in the case of the one who carried out the case. It ' s not going to be traced back to these behaviors.

What? 4. The procedure of issuing a document that defines the law of human law has conducted proceedings at the point of paragraph 2 Article 3 of this link.

1. The case of people suffering from the damage that he suffered from the execution of a sentence that is clearly known as law or decision-making, which is clear, is illegal or intentionally misstated the case of the case, but the person who carried out the proceedings. They have not been prosecuted or are in the process of being investigated, prosecuted, tried on these behaviors, and the defendant has the right to complain, denouncing the Chief Justice of the Court of Justice who conducted the proceedings.

2. In the 10-day period, since the date of receiving a document of complaint, the complaint of the complaint, denouncing, the Chief Justice of the Court of Management has conducted proceedings to see the complaint, the complaint of the complaint, denouncing the grounds, the decision issued. It has been established that the Council of Consuls consists of at least three members who help the Chief Justice to review the sentence of a sentence that is known as the law or decision-making, which is known as the law or intentionally falloin of the case of the defendant's case, denouncing the complaint, denouncing.

The decision to establish the Advisory Council is issued under the Form 01 issued by this Federal Information.

A member of the Advisory Council must have qualified in accordance with the points b and c 2 Article 12 This joint venture.

3. The advisory board is tasked with studying, whether or not to conduct a sentence that is known as law or decision-making, which is clear that the law or intentionally falloin the case of the person's case was filed against the complaint, denouncing it. The opinion of the Advisory Council is to be established with the signed signature of each member of the Consultated Council. In the case of various opinions of the Consultated Council, the Chief Justice Report needs to clarify the opinions of each member.

4. On the basis of the Advisory Council ' s report, for a 30-day period, since the date of the decision to establish the Advisory Council, Chief Justice of the Court considers the decision to resolve the complaint, conclusion of the alleged content, determine whether or not to conduct the sentence. It is clear that the law or decision-making, known as the law or intentionally falloin ' the case of the man's case, has filed a complaint, denouncing it.

The Court of Justice issued a decision to resolve the complaint according to Form 02, which concluded the contents of the 3rd Form issued by the Fourth Amendment. The decision to resolve the complaint, the conclusion of this charge must be sent to the accuser, denouncing and the person who carried out the complaint, denouncing.

5. In the 15-day period, since the date received the decision to resolve the complaint, the conclusion of the prosecution of the Chief Justice of the District Court or the Chief Justice of the Provincial Court, the complaint, denounce, and the person who conducted the complaint filed. complaint to the Chief Justice of the Supreme Court of the Chief Justice of the Court issued a decision to resolve the complaint, conclusion of the report. In the 15-day period, since the date of the complaint received by the complaint, the charge or the person who conducted the proceedings is lodged, denouncing, the Chief Justice of the Superior Court must issue a decision to resolve the complaint. The decision of the Chief Justice of the Superior Court is directly determined and must be sent to the accuser, denouncing, who has conducted the proceedings of the complaint, denouncing and the Court issued a decision to resolve the complaint, denouncing.

For the decision to resolve the complaint, the conclusion of the judgment of the Chief Justice of the Supreme People's Court settled the complaint, denouncing the conduct of the sentence which was known as the law or decision-making, which knew it was legally illegal or intentional. The case of the Supreme Court of the People's Court, decided to resolve the complaint, concluded the appeal of the Chief Justice of the Supreme People's Court was the final decision.

What? 5. The Time of Compensation Requires

1. For compensation requirements in the case of regulation at 1, 2 and 3 Articles 28 TNBTCNN Law, the period required for compensation is two years, since the day the Court of Justice has jurisdiction or the Board of Appeals to issue a law of illegal behavior. Of course, the procedure is filed under Article 3 of this Article 3 of this federation.

2. For compensation requirements in the case of regulation at paragraph 4 Article 28 of the TNBTCNN Law, the time of the claim for compensation is two years, since the date of the text which defines the law of law by regulation at paragraph 2 Article 3 This is issued.

The case of a document that defines the law of illegal law is the verdict, the criminal decision of the Court with the authority to determine whether the person who has committed a criminal proceedings against the law of the law or the crimes of the law of the law or of intentional misconduct. The time of the sentence is two years, since the day of the verdict, to determine whether it is legal.

What? 6. Responsible for reporting on settlement settlement

1. After carrying out the settlement of damages caused by the law of the person who conducted the proceedings against each affair, the Court was responsible for compensation in civil litigation, the administrative proceedings were responsible for sending the decision. solved the compensation and report of the Superior Court directly and the Supreme People ' s Court on the following content to serve as a state management work on compensation:

a) A single receptor requires compensation;

b) The decision to resolve the compensation;

c) The person who suffers from damages requires the Court to resolve disputes over state compensation;

d) Do the procedure to pay restitution.

e) Perform the return responsibility of the person who conducted the proceedings.

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

2. After addressing the dispute over state compensation in civil litigation, administrative proceedings, the Court resolved the dispute to send the sentence, the decision to take effect on the law to the High Court directly and the Supreme People ' s Court to address the case. serving as a state administrator for reparation in civil litigation, administrative proceedings.

3. A six-month term and yearly, the Court of the People of the Provinces, the Central City of the Central City responsible for aggregation, reports the Supreme People ' s Court on Compensation Settlement in civil litigation, the Administrative Proceedings of the Courts of Justice. My local.

Chapter II

CLAIM DAMAGES ARE COMPENSATED.

What? 7. Damage caused by property

1. Damage caused by the compromised property identified under Article 45 of the TNBTCNN Law. In cases where the property is violated is the right to use land, housing, construction and other property associated with the land, compensated damages are also determined by regulation at Article 45 of the TNBTCNN Law and the provisions of the relevant law.

2. The timing of interest in the provisions stipulated at paragraph 4 Article 45 of the TNBTCNN Law is calculated from the day the funds are filed into the state budget by the decision of the competent state agency, seized, the court exam, the deposit set to protect. to be guaranteed by a competent authority (the disputed property, the account blockade, etc.) to the day of the decision to resolve the Court's compensation of compensation or conviction, the Court's decision on the settlement of the case of the dispute. The state.

What? 8. Damage caused by actual income lost or diminished

1. The damage caused by actual income is lost or reduced by individual.

The actual income of the individual stipulated at Article 46 of the TNBTCNN Law is as determined as follows:

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

In the case before the damage caused by the person with a job and monthly income, the average income of the three months before the damage was caused by the damage to the actual income.

The case before the damage caused by the damage was farmers, fishermen, salted growers, forest growers, rents, small traffickers, craftsmen, other employers who had income but in the season or not stable then took the income level. The average of labour and local employment; if the average income is not determined, the minimum wage for the state agency at the time of the compensation settlement is based on the basis of actual income.

2. Damage caused by actual income lost or diminished by the organization.

The damage caused by the organization 's lost or reduced reality of regulation at Article 46 of TNBTCNN Law was determined on the basis of the average income of two years adjacent to the time of the damage and was determined according to the organization' s legal financial statements. In the absence of financial statements, the organization may prove lost or reduced by documents, other legal evidence under the laws of the relevant law.

The organization was established in less than two years at the time of the damage, and the actual income of the organization was determined on the basis of the average income during the actual operational time of that organization.

Chapter III

COMPENSATION FOR COMPENSATION

What? 9. Rights claim damages

The person with the right to claim the Court is in charge of compensated for the compensation of the compensation when it is determined that the law of the law of the person has conducted a statute of law in Article 3 of this Article 3.

What? 10. The file requires compensation

1. The filing requires compensation to include the following texts:

a) The application of the compensation required by Form 04a or Form 04b issued with this Relevant Information;

b) The document, the accompanying certificate includes:

b1) The case requires compensation in accordance with provisions 1, 2 and 3 Article 28 of the TNBTCNN Act, the filing requires that a compensation clause should have one of the prescribed texts at 1 Article 3 of this Federal Information.

b2) The case requires compensation by regulation at paragraph 4 Article 28 of the TNBTCNN Law, the case requires a compensation required to have one of the specified documents at paragraph 2 Article 3 of this link and the decision of the judge or the decision to re-destruct. The law, the legal decision that the man who conducted the proceedings has issued.

b3) The document, evidence associated with the claim of compensation as income proof papers, certificate of damage, etc.

2. The case for objective reasons, the person who asked not to submit to the full document, the evidence stipulated at the point b 1 Article, the request must be added at the request of the Court in the process of settlement settlement.

In case the person asked to apply the necessary measures to collect documents, evidence that could not be collected by itself can be made to document the Court to conduct the document, evidence to ensure the correct compensation settlement. Yeah.

What? 11. Send and receptors claim

1. The person who asked for a compensation to send 1 sets of files requires compensation to the Court of responsibility for compensation by one of the following methods:

a) Nbc directly at the Court.

b) To the Court via post office.

2. When receiving a file request for compensation, the Court must examine and determine the validity of the order and the documents, the evidence is accompanied; the case case is incomplete, the Court informed the claim to the claim that they are amended, complemable. for the 15-day period, since the date of the Court ' s announcement.

3. During the 5-day period of work, since the date of receiving a request for compensation and the documents, valid evidence, if determining the claim of the compensation required by the Court, the Court has received the case to be reasonable and informed the requested person. In compensation, the person who carried out the proceedings of the illegal behavior caused the damage to the Form 05 issued by this method.

In case the Court received the case request for reparation, it was later found not to be in charge of his compensation, the notice of returning the claim to the damages required by Form 06 accompanied by this information and instruct. request compensation to the Court with a responsibility to resolve.

What? 12. Segal resolution of compensation settlement

1. Shortly after the application of a single claim, the Chief Justice of the Court is responsible for the decision to make a decision to make a representative execution of the compensation (the latter is called a representative) under the Form 07 issued by this Commission.

The case of the Court of Justice is that the person who conducted the proceedings caused the damage or was the person's relatives who had conducted the proceedings or were the person's relatives, the Court's leadership and deliberation. a representative cadre responsible for settlement settlement.

Relatives of the person who have conducted proceedings or of the injured are the wife (or husband), grandfather, grandmother, maternal grandfather, maternal grandmother, father, father, father, mother, mother, mother, son, son, son, son, son, son, son, son, son, son, child, child, child, brother, sister, sister (wife or husband), My grandson, my grandson, my son-in-law, my daughter-in-law, my brother-in-law, my brother-in-law, the relationship, the relationship, the relations, the relations, the economic relations, the people who have carried out the proceedings or the people who have the damage that are clearly proven to be in the midst of their relationship. Yeah.

2. The representative must have all the following conditions:

a) For the District Court the representative is Chief Justice or Deputy Chief Justice of the District People's Court; for the Provincial People's Court, the representative is the head-level leader; for the Supreme People's Court, the agent is the senior leader. The next one.

b) There is a business experience in the industry, the field of compensation for compensation;

c) Not the loved ones of the person who conducted the proceedings causing the damage or of the person being damaged.

3. In the absence of an agent who meets all the regulatory conditions at the point of paragraph 2 This, then the Court is liable for compensation for 1 May.

What? 13. Verify damage

1. During the 5-day period of work, since the day of the application of a single claim, the agent must organize the verification of the damage. The damage verification deadline is 20 days, since the application of a single receptor requires compensation; the case has more complex or must be verified at multiple locations where the verification deadline may last but not more than 40 days, since the application of a single pastime requires compensation. Usually.

2. The verification of the damage was carried out by regulation at Article 18 of the TNBTCNN Law. In case of asset valuation, property damage is required to determine property damage, the Court is responsible for addressing the same applicable compensation in Article 90 and Article 92 BLTTDS and relevant legislation. The cost of valuation, which is made under the provisions of the Ordination of the Ordinal Cost, valuation; the cost of the witness, the translator in the proceedings and is secured from the state budget.

What? 14. Compensation Negotiations

The compensation negotiation is carried out by regulation at Article 19 of the TNBTCNN Law. The compensation of the damages the damages carried out according to the number 8 issued by this joint venture.

What? 15. The decision to resolve the compensation

Immediately after the end of negotiations, the representative must complete the draft decision to resolve the compensation to report the Chief Justice of the Court accountable.

Based on the results of the damage, the outcome of negotiation with the person with the damage and opinions of the relevant authorities (if any), the Court is responsible for restitution of the decision to resolve the compensation under regulation at Article 20 of the TNBTCNN Act. The decision to resolve the compensation was issued by Form 09 issued by this Commission.

The validity of the compensation settlement decision is determined by regulation at Article 21 of the TNBTCNN Law.

What? 16. Transfer of Compensation Resolution

1. The decision to resolve the compensation must be sent to the person in damages, the Court granted directly to the Court directly responsible, the Supreme People's Court, and the person who carried out the proceedings of the law that caused the damage.

2. The transfer of the decision to resolve compensation for the damaged person is carried out by regulation at Article 10 of the number 16 /2010/NĐ-CP March 3, 2010 by the Government Regulation and Guide to some of the provisions of the TNBTCNN Law.

3. The decision to resolve the compensation was sent to the Superior Court of the Court in charge of compensation and the Supreme People ' s Court is accompanied by a report on the settlement of the compensation in accordance with Article 6 of this Article.

What? 17. The lawsuit requires the Court to resolve the dispute over state compensation of the damaged state entitled to the Court to settle the dispute over state compensation in the following cases:

1. The person with the damage does not agree with the decision to resolve the compensation of the Court in charge of compensation issued in accordance with the provisions at 1 Article 20 TNBTCNN Law.

2. expires at the stipulation at 1 Article 22 TNBTCNN Law that the Court is responsible for does not make a decision to resolve the compensation.

What? 18. Authority to resolve disputes over state compensation

1. The Court has jurisdiction to resolve disputes over state compensation as the District Court of the District by statute stipulated at 1 Article 23 TNBTCNN Law.

2. The case of a district-level civil court in accordance with Article 23 of the TNBTCNN Law District is the Court of Compensation, the District Court of the People's Court of the District of the District of the District of the People's Court reports that the People's Court directly directly to the People's Court directly on the case. The sentence is on the trial procedure.

What? 19. The procedure of resolving disputes over state compensation

The procedure of resolving disputes over state compensation in the Court is carried out by the rule of civil law.

What? 20. Pay compensation

Based on the decision to resolve the compensation that had the Court 's legal effect in charge of reparation or conviction, the decision to have the Court' s legal effect resolved the case of a dispute over state compensation, the Court was liable for compensation. Do the payments to the person who suffers from the provisions of Chapter VI the TNBTCNN Act and the execs of the execs.

Chapter IV

PROCEDURE FOR REIMBURSABLE RESPONSIBILITY

OF THE MAN WHO CARRIED OUT THE PROCEEDINGS.

What? 21. Founded the Board to consider the reimbursable responsibility

1. In the 20-day period, since the day has made the payment of the compensation payment, the Court Chief Justice has the responsibility to issue a decision to establish the Board to review the reimbursable responsibility (later called the Council) by Form 10 issued. And this is the same as this.

The case of the Court of Justice as the person who carried out the proceedings, the body of the Court was charged with deliberation and deliberation, and the unification of the council decided to form the Council.

2. The Council component consists of:

a) Chairman of the Council is the Chief Justice of the Court accountable for compensation.

The case of the Court of Justice is that the person who conducted the proceedings caused the damage or was the person ' s relatives who conducted the proceedings or the damage caused by the damage, the Court leadership was responsible for compensation and discussion, the governor said. to be appointed as the president of the council,

b) The union organization of the union of the Court is responsible for compensation;

c) The organization of the organization, the officer of the agency, is managing the person who carried out the proceedings.

d) The person in charge of the financial business-the accounting of the Court is responsible for compensation;

Experts in Economics, Engineering and Legal are related.

In the case of many people who have conducted proceedings under different Courts, the leadership of these Courts must join the Council.

The participants were not the relatives of the person who carried out the proceedings, causing the damage or the loss of the person.

What? 22. Mission, authority of the Council

The Council has the following duties, the following powers:

1. Consider, evaluate the extent of the damage of the damaged person, the level of error of each person who conducted the proceedings caused the damage;

2. Identilocate the economic conditions of each person who has carried out the cause of damage;

3. The petition with the Chief Justice of the Court is responsible for compensation or the Chief Justice of the Court granted directly if the Chief Justice of the Court is responsible for the damages of reimbursable levels and the return method for each person causing the damages;

4. The Council itself dissolved after the completion of the mission.

What? 23.

1. In the 30-day period, since the day has made the payment of the compensation payment, the Chief Justice of the Court is liable to compensate the Council's petition to enact the decision to reimbursate the 11-issue Form attached to this of the President.

The case of the Court of Justice is the person who has carried out the proceedings, and the Court of Justice is directly charged with the authority to issue a refund.

2. The case of a competent person who issued a decision making the decision is different from the Council ' s petition, which has the right to self-determination and be held accountable to the law of that decision.

What? 24. Thu, submit, manage and use reimbursable money

1. The person with the reimbursable obligation must perform the correct deadline, the level and the return method in the return decision.

2. The case already has one of the prescribed texts at the points a, b paragraph 2 Article 3 This link defines the illegal behavior of the person who conducted the proceedings, then the person who conducted the proceedings is obliged to refund the entire amount of money the State has. It compensated for the damage.

3. The case already has one of the prescribed texts at paragraph 1, points c and d 2 Article 3 This link defines the law of the law of the person who conducted the proceedings, then the confirmation of the return level of the person who conducted the proceedings was executed. The law of law execution by Article 57 of the TNBTCNN Law and Article 16 of the Digital Protocol 16 /2010/NĐ-CP March 3, 2010 by the Government Regulation and Guide to some of the provisions of the TNBTCNN Law.

4. The Court is responsible for the compensation required and fully submitted, in time the entire amount of money returns to the state budget as defined by the TNBTCNN Law and the Enforced Manual text.

What? 25. Handled the person who conducted the proceedings not fulfilling the return obligation

1. The person with a refund obligation has been charged by the Court of compensation for the third time that the refund without fulfilling the return obligation is disciplined by law.

2. The case of a refund obligation has moved the work to another agency in the state apparatus, the state agency is directly administing the person whose duty is responsible for the responsibility of fulfilling the duty of reimbursable duty and decision-making. The stipulation is at paragraph 1 of this and informed the Court of responsibility for compensation, who made the decision to return.

3. The case of a person with a refund obligation no longer works in state agencies, the body responsible for compensation must take the measures to recover reimbursable funds by law.

What? 26. Process reimbursable when the Court is responsible for compensation issued a return decision in the case of a person in charge of reimbursable reimbursable

In case the Court is responsible for compensated the return decision that the person with the responsibility of the refund is killed, the heirs of the estate of the person whose responsibility must fulfill the duty of the person responsible for reimbursable.

In the case of the heirs of the estate of the person whose responsibility is not fulfilling the obligation, the Court is responsible for compensated for the measures to recover reimbursable funds by law.

Chapter V.

EXECUTION CLAUSE

What? 27.

1. This joint venture has been in effect since 12 November 2012.

2. Since this President ' s Day has taken effect, the case of a trial court who has conducted proceedings on the conduct of a sentence that is clearly known as law or decision-making, which is clear, is illegal or intentionally dislocated the case file. to separate the State of the State compensation resolution to address the provisions of the TNBTCNN Law and the execs of the execs.

3. Since this President ' s Day has been in effect, the case has the verdict, the criminal decision that defines the person who has been committing crimes against the law to the law, or guilty of the law, or guilty of wrongdoing. solved The State of the State 's compensation in the verdict, the decision to shape it, does not apply the guidelines at this Federal Information to separate the settlement of the state' s compensation; the settlement of appeal, protest against the verdict, is not applicable. the criminal decision on the settlement of the compensation of the State (if any) is made according to the criminal proceedings.

What? 28.

In the course of implementation if there is difficulty, entangrium, personal offer, agency, the organization reflects on the Supreme People 's Court for the Supreme People' s Court in coordination with the Supreme People ' s Examination Institute, the Department of Justice Studies, the ./.

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

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

KT. Minister of Justice.
Chief.

(signed)

(signed)

(signed)

Get Rid Of Me

"The humble".

I Don't Have To.