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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CIRCULAR guide implementation of the State compensation liability in civil litigation, administrative proceedings _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law of the State compensation liability was the National Assembly of the Socialist Republic of Vietnam XII, 5 session through June 18, 2009;
The Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Justice unification guidelines of the State compensation liability in civil procedure, administrative procedure is 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 due to the unlawful behaviour of the person conducting the proceedings in the Court (hereinafter referred to as the person who has the proceedings are conducted) caused when conducting the operation of civil litigation, administrative proceedings.
Article 2. The court case has compensation responsibility responsible court for compensation in the civil proceedings, administrative proceedings in the following cases: 1. Apply provisional measures (hereinafter abbreviated as BPKCTT) in the operation of civil litigation, administrative proceedings (in the case specified in clause 1 2 and 3, Article 28 of law TNBTCNN) a) apply BPKCTT in civil procedure activity a1) who conducted the proceedings on his own decision to apply BPKCTT isn't in one of the cases specified in paragraphs 1, 2, 3, 4 and 5 to article 102 civil procedure law No. 24/2004/QH11 on June 15, 2004 has been modified additional, according to the law amending and supplementing some articles of the code of civil procedure no. 65/2011/QH12 on March 29th, 2011 (hereinafter abbreviated as CPC).
For example: in the process of settling civil cases, the plaintiff has no petition for the Court to apply BPKCTT as defined in paragraph 9 and article 102 Article 111 CPC on the work for sale of goods is frozen foods are disputing that defendants are held, but the Court decision applied BPKCTT forced the defendant occupied this merchandise are sold to the market. Then, the complaint suggested the Court cancel the application of the above mentioned BPKCTT. Competent court had decided to cancel the application BPKCTT. In this case, if the litigants have the compensation claim and have the actual damages incurred by the application of the Court's BPKCTT cause then the Court has a responsibility to consider the settlement of compensation for the victims.
A2) who conducted the proceedings on his own decision to apply BPKCTT in one of the cases specified in paragraphs 1, 2, 3, 4 and 5 to article 102 CPC when there is not enough the conditions prescribed in articles 103, 104, 105, 106 and 107 of the CPC and the guidance in section 3 resolution No. 02/2005/hdtp on 27 April 2005 the Court judges Council the Supreme People's Court passed a number of provisions in Chapter VIII "provisional measures" of the CPC.
A3) who conducted the proceedings a decision applying the other BPKCTT with BPKCTT that the individual, agency or organization with the request.
For example: in the process of settling civil cases, plaintiffs have petition the Court to adopt BPKCTT as defined in paragraph 8 to article 102 and 110 on the CPC prohibits changing the status quo of property are in dispute, but the Court applied BPKCTT levy contested property as defined in paragraph 6 to article 102 and 108 CPC. Litigants complain requires cancellation of the decision apply BPKCTT of the Court mentioned above, the competent court had decided to cancel the application BPKCTT. In this case, if the litigants have the compensation claim and have the actual damages incurred by the application of the Court's BPKCTT cause then the Court has a responsibility to consider the settlement of compensation for the victims.
A4) who conducted the proceedings a decision applied BPKCTT exceeds the applicable requirements BPKCTT of individuals, agencies and organizations.
For example: Company A has petition the Court to adopt BPKCTT as specified in clause 10 and 112 CPC 102 Thing about the blockade five hundred million accounts at the Bank of company Z B. However, the Court took the decision to apply the BPKCTT blockade of the entire account 10 billion of company B in the B Company Z. Bank has a complaint resolution plan to apply BPKCTT of the Court, the Court has the authority to have the decision annulled the decision to apply the above mentioned BPKCTT.
In this case, if the victims to claim damages and to have the actual losses incurred by the Court applies the BPKCTT exceeds the requirements of the request, then the Court has a responsibility to consider the settlement of compensation for the victims.
b) apply BPKCTT in administrative litigation activity b1) who conducted the proceedings on his own decision to apply BPKCTT when no petition of the request.
B2) who conducted the proceedings apply incorrect BPKCTT with the request of the litigants.
For example, the provincial people's Committee decision N level certificates using the 1000 hectares of land for A business to build new urban areas. When A business is in progress in the construction of the town, the inhabitants around the municipality are being built to sue the administrative case against the decision to grant the land use right certificate for A business of the provincial people's Committee of N because for that decision is unlawful and the clearance compensation is not yet satisfactory. At the same time with the petition, the people have asked the Court to apply the BPKCTT forcing A business to halt the construction of a section of a municipality adjacent to where the people are living. However, the Court decision applied BPKCTT forcing A business to halt the construction of the entire municipality. A business complaint suggested the Court cancel the application of the above mentioned BPKCTT. Competent court had decided to cancel the application BPKCTT. In this case, if A business has a compensation claim and have the actual damages incurred by the application of the Court's BPKCTT cause then the Court has a responsibility to consider the settlement of compensation for the victims.
2. Judgment, decided that knows is contrary to law or intentionally falsified records case (prescribed in clause 4 Article 28 of law TNBTCNN) when the following two conditions: a) the judgment, decided the civil, administrative cases have been cancelled under the procedure of Cassation , a retrial;
b) have text identifying unlawful acts specified in paragraph 2 of article 3 of this circular.
Article 3. The text defines the unlawful behaviour of the person who conducted the proceedings 1. The text defines the unlawful behaviour of the person who conducted the proceedings a decision applied BPKCTT (in the cases specified in paragraphs 1, 2 and 3 Article 28 of law TNBTCNN and the instructions in paragraph 1 article 2 to this circular) is the complaint resolution decision the final recommendations of the Chief Justice, the Court of competent jurisdiction or by the Board of review under the provisions of article 125 CPC or administrative litigation Law 71.
2. The text identify unlawful behaviour of the person who conducted the proceedings judgment, decided that knows is contrary to law or intentionally falsified records case (prescribed in clause 4 Article 28 of law TNBTCNN and be instructed in clause 2 2 of this circular) is one of the following text : a) the verdict, the decision of the Criminal Court was in effect the law determine who conducted the proceedings that guilty judgment against the law or the crime of unlawful decisions or the crime of falsifying the records of the case;
b) decided to include the decision to suspend the investigation of the Agency as defined in point a of paragraph 2 to article 164 of the Penal Code criminal proceedings, decided to suspend the case of the Prosecutor in accordance with paragraph 1 Article 169 The criminal law, the decision to suspend the case by the Court under the provisions of article 180 of the Penal Code criminal proceedings by reason of the person who conducted the proceedings judgment, decided that knows is contrary to law or intentionally falsifying the records of the case are exempt from criminal liability under the provisions of article 25 of the Penal Code.
c) decide to appeal, the conclusion the content of Chief Justice Court determines who conducted the proceedings acts out that judgment is clearly against the law or decision which is clearly against the law or intentionally falsifying the records of the case in the case who had conducted the proceedings have not been prosecuted or under investigation , prosecution, hearing about the death of this behavior.
d) disciplinary decisions of officials and civil servants for the people who have conducted the proceedings acts out that judgment is clearly against the law or decision which is clearly against the law or intentionally falsifying the records of the case in the case who had conducted the proceedings not be prejudice criminal liability about this behaviour.
Article 4. The procedure of issuing the text identify unlawful behaviour of the person who conducted the proceedings as specified in point c paragraph 2 of article 3 of this circular 1. The case of the victims that suffered damage due to acts of judgment which is clearly against the law or decision which is clearly against the law or intentionally misrepresent the case file of the person who conducted the proceedings but who conducted the proceedings have not been prosecuted or are in the process of investigation , prosecution, hearing about the death of this behavior, the victims have the right to complain, report to the Chief Justice of the court management who conducted the proceedings.
2. within 10 days from the date of receipt of the complaint, the complainant's accusations, accusations, Chief Justice of the court management who conducted the proceedings deems the complaint, the complainant's accusations, accusations are well-grounded, the decision established the Advisory Council consisting of at least three members help the Chief Justice considered judgment that behavior know it is against the law or decision which is clearly against the law or intentionally misrepresent the case file of the person who conducted the proceedings complained of, accusations.
The decision established the Advisory Council be issued according to the model No. 1 attached to this circular.

Advisory Council members must be eligible according to the instructions in points b and c of paragraph 2 article 12 of this circular.
3. the Advisory Board has the task of research, consider whether there is a judgment that the behavior is clearly against the law or decision which is clearly against the law or intentionally misrepresent the case file of the person who conducted the proceedings complained of, accusations. Opinion of the Advisory Council are made in writing signed by each Member Council. The case of the Advisory Council members have different opinions, the Chief Justice should report text stating the opinion of each Member.
4. On the basis of the report of the Advisory Council, within a period of 30 days from the date of the decision to establish the Consultative Council, the Chief Justice of the Court to review a decision resolving the complaint, the conclusion report content, determine whether or not acts out that judgment is clearly against the law or decision which is clearly against the law or intentionally do distortions records the case of who conducted the proceedings complained of, accusations.
The Chief Justice the Court issued the decision on complaint resolution under model number 2 contents conclusions, report No. 03 form attached to this circular. Decision on complaint resolution, the conclusion of the content of this report should be sent immediately to the complainant, the Prosecutor and the person who conducted the proceedings complained of, accusations.
5. Within 15 days from the date of the decision on complaint resolution, conclusions contents report of the Chief Justice of the District Court or the Chief Justice of the provincial court, the complainant, the Prosecutor and the person who conducted the proceedings complained of, the accused has the right to complain to the Chief Justice of the Superior Court of the Chief Justice the Court issued the decision resolving the complaint complaint, concluded the report content. Within 15 days from the date of the complainant's complaint, report or who has conducted the proceedings were complaints, accusations, Chief Justice of the superior court decision to resolve complaints. The decision of the Chief Justice of the superior court directly is finally decided and must be sent immediately to the complainant, the accused, who conducted the proceedings were complaints, accusations and the Court has issued decisions to resolve complaints, accusations.
As for the complaint resolution decision, concluded the content of Chief Justice of the Supreme People's Court to resolve complaints, accusations about the behaviour of that judgment is clearly against the law or decision which is clearly against the law or intentionally misrepresent the case file of the person who conducted the proceedings in the Supreme People's Court , then the complaint resolution decision, concluded the content of Chief Justice of the Supreme People's Court is the final decision.
Article 5. Claim time limits 1. With regard to the claim in the case prescribed in clause 1, 2 and 3 Article 28 of law TNBTCNN, claim duration is two years, counting from the day the Chief Justice of the Court of competent jurisdiction or the Board of review issued text defines unlawful behaviour of the person who conducted the proceedings specified in clause 1 of article 3 of this circular.
2. With regard to the claim in the case prescribed in clause 4 Article 28 of law TNBTCNN, the duration of claims is two years from the date of the text identifying unlawful behavior as defined in paragraph 2 of article 3 of this circular was issued.
Text case identify unlawful behaviour is the verdict, criminal decision of the competent court determines who has conducted criminal proceedings judgment against the law or the crime of unlawful decisions or the crime of intentionally falsifying the records of the case, the time limits the claim is two years from the date of the judgment, decided that criminal law in effect.
Article 6. The responsibility to report on the settlement of compensation 1. After the implementation of the resolution in damages due to the unlawful behaviour of the person who conducted the proceedings cause for each incident, the Court is responsible for compensation in the civil litigation activities, administrative proceedings are responsible for sending the decision to resolve the claim and reported a superior court directly and the Supreme People's Court about the following content here to serve state management on compensation: a) accepting the single claim;
b) issued the decision on compensation;
c) victims Sue asks court to settle a dispute about State compensation;
d) implement procedures to pay compensation;
e) repayment responsibilities of who conducted the proceedings.
Attached to the report must have a copy of the documents relevant to the resolution of the claim.
2. After resolving disputes over compensation in the civil litigation activities, administrative proceedings, the Court has delivered judgment dispute resolution, decided to force the legislation to a superior court directly and the Supreme People's Court to serve state management on compensation in civil proceedings , administrative proceedings.
3. Periodically six months and every year, the people's courts of provinces and cities under central responsibility, the report of the Supreme People's Court on the work compensation in civil litigation activities, administrative proceedings of the Court of the local level.
Chapter II DETERMINATION of DAMAGE COMPENSATION article 7. Damage caused by compromised assets 1. Damage caused by compromised property is determined according to article 45 of law TNBTCNN. In the case of property being violated is land use, housing, buildings and other assets tied to the ground, the damage to be compensated also determined according to the provisions of article 45 of law TNBTCNN and the provisions of relevant laws.
2. the interest rate calculation period for the sums prescribed in paragraph 4 to article 45 of law TNBTCNN is calculated from the date the funds are remitted to the State budget according to the decision of the competent State agencies, seized, execution, funds have put to ensure the competent agency at levy (the property dispute blockade, accounts, ...) on decision to tackle the excesses of the Court responsible for compensation or judgement, the Court's decisions about resolving disputes in State compensation.
Article 8. Damage caused by lost or real income decreasing 1. Damage caused by lost or real income decreasing individual's actual income of the individuals specified in article 46 of law TNBTCNN are defined as follows: where before the damages that the victims have steady income from wages in payroll, the money from the labor contract shall be based on the salary , public money, that's their adjacent before damage occurs as a base to determine the actual earnings.
The case before the damages that the victims have jobs, and monthly income but not stable, the average income level of the adjacent three months before the time of the damage made the base to determine the actual earnings.
The case before the damages that the victims are farmers, fishermen, salt, people who do the hiring, small merchants, craftsmen, other labor income but seasonal or not stable then retrieved the average income level of local workers of the same kind; If not identified the median income, the minimum wage for State authorities at the time the compensation settlement as a basis to determine the actual earnings.
2. Damage caused by actual income lost or loosening of the damage caused by the institutions fact lost income or loosening of the organization specified in article 46 of law TNBTCNN is determined on the basis of the average income of two adjacent years before the time of the damage and is determined according to the financial report of the Organization; the absence of financial reporting, organizations can demonstrate actual income is lost or is declined by the documents, other legal evidence under the provisions of the relevant laws.
The case of the Organization was established enough for two years as of the time of the damage, the actual income of the organization is determined on the basis of the average income during the actual operation of the organization.
Chapter III PROCEDURE of COMPENSATION article 9. The right to claim damages the victims have the right to ask the Court to have addressed the liability of compensation when writing to identify unlawful behaviour of the person who conducted the proceedings provided for in article 3 of this circular.
Article 10. Claim profile 1. The record of the claim include the following text: a Single claim) according to model No. 04a or 04b number Form attached to this circular;
b) documents, and evidence include: b1) case of claim under the provisions of clause 1, 2 and 3 Article 28 of law TNBTCNN the claim record must have one of the documents stipulated in clause 1 of article 3 of this circular.
B2) the case of a claim under the provisions of paragraph 4 Article 28 of law TNBTCNN the claim record must have one of the documents prescribed in paragraph 2 of article 3 of this circular and the decision of Cassation or retrial decision cancelled the verdict, the decision is unlawful because the person who conducted the proceedings issued.
B3) documents and evidence relevant to the claim as proof of income, proof of damage, ...
2. The case due to objective reasons, the request can not pay the full documents, evidence specified in point b of paragraph 1 of this article, the person required to supplement at the request of the Court in the process of compensation.
The case of the request was to apply the necessary measures to collect material evidence, which still cannot collect is then able to do text ask the Court to proceed to collect material evidence, in order to ensure the proper compensation.
Article 11. Sending and accepting the single claim 1. People claim send 1 record to claim the Court responsible for compensation by one of the following methods: a) Filed directly in court.
b) sent to the Court by post.

2. Upon receiving the claim records, the Court must examine and determine the validity of the application and the documents, and evidence; case records are incomplete, the Court notified in writing to people who claim to know to them amendments and supplements within 15 days from the date of the notice of the Court.
3. within 5 working days from the date of receiving the application and claim the document, valid evidence, if the claims define the responsibility of their settlement, the Court had to receive acceptance and notify the claimant, who conducted the proceedings are unlawful acts causing damage under model number 05 ban attached to this circular.
The case the Court has accepted the claim records, then found not liable in settle his compensation shall announce the return of records to claim damages according to the model No. 6 attached to this circular and guide the claim sent to the responsible court to resolve.
Article 12. The assignment officer compensation 1. Immediately after accepting the petition for compensation, Chief Justice of the Court responsible for compensation should the decision sent the representative made the settlement of compensation (hereinafter referred to as the representative) under model number 7 attached to this circular.
The case of the Chief Justice's Court who conducted the proceedings cause damage or are relatives of people who have conducted the proceedings cause damage or are relatives of the victims, the Court leadership collective discussion, unity officials sent a representative responsible for settling claims.
Who's who conducted the proceedings or of the victims was 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), granddaughter, grandson, son-in-law, daughter-in-law , brotherhood, family, media relations work relations, economic relations, ... to the person who conducted the proceedings or who suffer damage that clearly demonstrate the base is in the middle of the life they have close emotional relationships.
2. The representative must have the following conditions: a) to the District Court, the representative is Chief Justice or Associate Chief Justice at district level people's Court; with respect to provincial people's Court, the representative is the leader in the room; for the Supreme People's Court, the representative's leadership service;
b) Have experience in the industry, the field of liability indemnity;
c) is not the person's who conducted the proceedings cause damage or victims.
3. in no case the representative meets the conditions specified in point a of paragraph 2 of this Article, the Court has the responsibility to compensate the election judge 1st representative compensation.
Article 13. Verify the loss of 1. Within 5 working days from the date of accepting the compensation claim, the representative must organize the verification of damage. The verification period of damage is 20 days from the date of accepting the single claim; the case of more complex or are verified at multiple locations, then the verification period can last long but not too 40 days from the date of accepting the compensation claim.
2. The verification of the damage is done according to the provisions of article 18 of law TNBTCNN. The case should proceed to property valuation, property damage assessment to determine the damage to the property, then the Court has the responsibility to resolve similar claims apply the provisions of article 91 and article 92 CPC and the text of the relevant law. Cost evaluation, the assessment is made according to the provisions of the Ordinance on inspection, valuation; expenses for witnesses, translator in the proceedings and was secured from the State budget.
Article 14. Negotiate the compensation negotiated the compensation is made according to the provisions of article 19 of law TNBTCNN. The minutes to negotiate the compensation of the damage done in the form of 8 attached to this circular.
Article 15. Issued compensation Immediately after the end of the negotiation, the representative must complete the draft decision on compensation to report the Chief Justice the Court responsible for compensation.
Based on the results of verification of the damage, the result of negotiations with the victims and the opinion of the relevant body (if any), the Court has the responsibility of compensation issued compensation as specified in article 20 of law TNBTCNN. Compensation decisions are issued according to the model No. 9 attached to this circular.
The effect of the decision on compensation is determined according to the provisions of article 21 of law TNBTCNN.
Article 16. Transfer of settled claims 1. The decision to settle for compensation must be addressed to the victims, the superior court the Court's direct liability for compensation, the Supreme People's Court and who conducted the proceedings are unlawful acts causing damage.
2. The transfer to decide compensation for victims is done according to the provisions of article 10, Decree No. 16/2010/ND-CP of March 2010 the Government detailing and guiding the implementation of some articles of the law TNBTCNN.
3. compensation decisions are submitted to the Superior Court of the Court has the responsibility to compensate the Supreme People's Court and the enclosed report on the settlement of compensation according to the provisions in clause 1 6 of this circular.
Article 17. Sue asks court to settle a dispute about State compensation the victims have the right to sue ask the Court to resolve disputes over compensation in the following cases: 1. The victims do not agree with the decision of the Court the compensation responsibility of compensation is issued according to the provisions in clause 1 article 20 of law TNBTCNN.
2. Expiry under the provisions of paragraph 1 to article 22 of law TNBTCNN that the Court has the responsibility to compensate the not out decision on compensation.
Article 18. Jurisdiction to resolve disputes on State compensation 1. The Court has jurisdiction to resolve disputes over compensation for State-level people's courts is prescribed in clause 1 Article 23 of law TNBTCNN.
2. Case-level people's Court in accordance with paragraph 1 Article 23 of law TNBTCNN as the Court has the responsibility to compensate the people's courts at district level people's Court issued reports on the directly to the superior people's Court of that Court took up the case as resolved under the procedure of first instance.
Article 19. Procedure for resolving disputes on State compensation procedure for resolving disputes on State compensation in court is done according to the provisions of the civil procedure law.
Article 20. Payment of compensation based on the compensation decision was in effect the law of the Court has the responsibility to compensate or judgment, the decision has force of law by the Court in resolving disputes on State compensation, the Court has the responsibility to implement the compensation to pay compensation for the damage under the provisions of Chapter VI of the law TNBTCNN and guidance documents.
Chapter IV PROCEDURE for REPAYMENT RESPONSIBILITIES of who CONDUCTED the PROCEEDINGS article 21. Council to consider the liability repaid 1. Within 20 days from the day you're done paying compensation, Chief Justice of the Court responsible for compensation to promulgate the decision established the Council to consider the refund liability (hereinafter referred to as the Council) under the form of 10 attached to this circular.
The case of the Chief Justice the court proceeding who caused the damage, the Court leadership collective responsibility to discuss compensation, uniform decision establishing the Council.
2. The composition of the Council include: a) the President of the Council is the Chief Justice of the Court responsible for compensation.
The case of the Chief Justice's Court who conducted the proceedings cause damage or are relatives of people who have conducted the proceedings caused damage or loss to person's collective leadership, then the Court has the responsibility to compensate the same discussion, unity candidate a is the President of the Council;
b) Union representative of the Court responsible for compensation;
c) Organization Department representatives, officials of the Agency under management who conducted the proceedings cause damage;
d) Who is in charge of the work of accounting and Finance of the Court responsible for compensation;
DD) expert on economic, legal and technical relevance.
The case has many people who have conducted the proceedings in different courts caused damage, the representatives of the Court to join the Council.
Participants are not be is who's who conducted the proceedings cause damage or victims.
Article 22. The duties and powers of the Board the Board has the following powers, duties: 1. To consider, assess the extent of damage of the victims, the degree of fault of each who had conducted the proceedings cause damage;
2. Determine the economic condition of the individual who conducted the proceedings cause damage;
3. Recommendations to the Chief Justice of the Court responsible for compensation or the Chief Justice of the superior court directly if the Chief Justice the Court has the responsibility to compensate the damage to the refund rate and method for each person causing damage;
4. The Council dissolved itself after the completion of the task.
Article 23. Decision to reimburse 1. Within 30 days from the day you're done paying compensation, Chief Justice of the Court responsible for compensation based on the recommendations of the Council to enact the decision returned under model number 11 attached to this circular.
The case of the Chief Justice the court proceeding who caused the damage, the Chief Justice of the Superior Court had the authority to enact the decision refund.

2. where the authority issued the refund decision had other ideas with the recommendations of the Council shall have the power to decide and take responsibility before the law about that decision.
Article 24. Collecting, filing, management and use of money repaid 1. Who has the obligation to make repayment on time, the level and the method stated in the refund decision.
2. The event has had one of the specified text, in points a, b paragraph 2 of article 3 of this circular identifying unlawful behaviour of the person who conducted the proceedings, who conducted the proceedings is obliged to refund the entire amount that the State compensation for the victims.
3. in case there was one of the documents provided for in paragraph 1, points c and d of paragraph 2 of article 3 of this circular identifying unlawful behaviour of the person who conducted the proceedings, then the determination of the level of refund who conducted the proceedings are unlawful acts done under the provisions of article 57 of law TNBTCNN and article 16 of Decree 16/ 2010/ND-CP of March 2010 the Government detailing and guiding the implementation of some articles of the law TNBTCNN.
4. The Court has the responsibility of compensation must collect and submit full, timely full refund on the State budget in accordance with the law of the TNBTCNN and guidance documents.
Article 25. Handle who conducted the proceedings do not perform the obligation to repay 1. Who is obliged to reimburse the Court was responsible for compensation to the third returns without making the repayment obligation according to the provisions of the law.
2. where the person is obliged to refund was transferred to other authorities within the State apparatus, the State authorities are directly managing people is obliged to reimburse the responsibility to urge the implementation of the obligation to refund and decision-making methods of handling as defined in paragraph 1 of this Article and inform the Court has the responsibility of compensation who has the decision to reimburse.
3. where the person is obliged to refund no longer working in State agencies, the Agency has the responsibility of compensation must take measures to recover the amounts repaid in accordance with the law.
Article 26. Responsible disposal returned when the Court has the responsibility of compensation issued a refund in case the person responsible for the death of refund cases the Court is responsible for restitution has issued a refund to which the person is responsible for the death of repayment, then the heir to the legacy of the person in charge must make repayment obligations of person in charge repaid.
The case of the heir to the legacy of responsibility to refund does not fulfill the obligation, the Court has the responsibility to implement compensation measures for recovery of funds reimbursed as stipulated by law.
Chapter V PROVISIONS to ENFORCE article 27. Effect 1. This circular effect since November 12, 2012.
2. From the date of this circular effect enforcement of the court hearing the case, who conducted the proceedings on the acts of judgment which is clearly against the law or decision which is clearly against the law or intentionally misrepresent the case file, the Court split the settlement compensation responsibility of the State to solve under the provisions TNBTCNN law and other documents guiding the implementation.
3. From the date of this circular effect, the case has had judgments, criminal decisions determine who conducted criminal proceedings judgment against the law or the crime of unlawful decisions or the crime of falsifying the records of the case that resolved the State's liability in the judgment , criminal decision that, then do not apply the guidance in this circular to split the settlement of State liability; the resolution of the appeal, the appeal against the verdict, criminal decision on resolving the State's liability (if any) made under criminal proceedings.
Article 28. Implementation In the process if there are difficulties and obstacles, personal recommendations, agency, organization, reflecting on the Supreme People's Court to the Supreme People's Court, in coordination with the Supreme People's Procuratorate, the Ministry of Justice Research, resolve./.
 

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