Circular 73/2012/ttlt-Btc-Btp: Regulating The Estimating, Management, Use And Cost Of Implementation Of The State Compensation Liability

Original Language Title: Thông tư liên tịch 71/2012/TTLT-BTC-BTP: Quy định việc lập dự toán, quản lý, sử dụng và quyết toán kinh phí thực hiện trách nhiệm bồi thường của Nhà nước

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DEPARTMENT OF JUSTICE-JUSTICE DEPARTMENT
Number: 71 /2012/TTLT-BTC-BTP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, May 9, 2012

FEDERAL INFORMATION

The planning of accounting, management, use and funding decisions are available.

State compensation.

______________________

State House compensation Law Base 35 /2009/QH12 June 18, 2009;

State Budget Law Base 01 /2002/QH11 February 16, 2002;

Base of Protocol 60 /2003/ND-CP June 6, 2003, of the Government of the Government Regulation and guidelines of the Law of the State Budget;

Base of Protocol 16 /2010/NĐ-CP 03/03/2010 of the Government rules the details and guidelines for some of the provisions of the State ' s Compensation Liability Law;

Base of Protocol 118 /2008/NĐ-CP November 27, 2008 of the Government Regulation, mandate, authority, and organizational structure of the Ministry of Finance;

Base of Protocol 93 /2008/NĐ-CP August 22, 2008, of the Government's Office of Regulation, Mission, jurisdiction, and organizational structure of the Ministry of Justice;

Minister of Finance-Minister of Justice of the Ministry of Justice of the Federal Ministry of Justice Regulations regulating the establishment of the bill, management, use, and funding of funds from the state budget that performs the compensation of the State as follows:

Chapter I

GENERAL REGULATION

What? 1. Range applicable

1. This profile rules the following content:

a) Accounting, management, use, and payment of compensation from the state budget to perform a responsibility for state compensation to the individual, the organization suffered by the executor of the operation perpetrated in administrative management, proceedings, competition, and body. The sentence (after this is a compensation budget); the cost of addressing the compensation of the body is liable for compensation; the return of the reimbursable money by the execs of the operation caused the damage.

b) The accounting, management, use of funding from the state budget for state management work on compensation.

2. The identification of the responsibility for damages, the types of damages are compensated, determine the amount of reimbursable, the compensation procedure in the operation of administrative management, civil court execution, criminal execution examination, civil proceedings, criminal proceedings, criminal proceedings, and criminal proceedings. It is done in accordance with the provisions of the law guidelines that conduct the responsibility of the state compensation in those activities.

What? 2. Subject applies

1. The Agency has a responsibility for compensation in administrative management, litigation, execution, execution; the execs of the job has caused the damage responsible for damages and reimbursable compensation by the provisions of the Compensation Liability Law. It's the state.

2. Organization, individuals suffering from the damage caused by the operation of the agency, the execs of the work perpetrated in accordance with the provisions at the State ' s Compensation Liability Law.

3. The state governing body for compensation work by regulation at the State ' s Compensation Liability Law.

What? 3. Cost Source

1. The expense of compensation:

a) The central budget guarantees compensation funds to the body responsible for compensation of ministries, peer agencies, other agencies in the central (then called the Central Authority);

b) The local budget guarantees compensation for the body responsible for compensation of departments, departments, and local sectors (later called local authorities).

2. The funding implementation of the compensation settlement of the body responsible is used in the accounting of the administrative administration of the body responsible for compensation.

3. The guarantee budget for state management work on compensation is arranged in the agency's regular spending bill, the organization is tasked with managing the state of compensation.

Chapter II

SPECIFIC REGULATION

Item 1

EXPENSE AND COMPENSATION EXPENSE

What? 4. Create a bill, allocate reimbursable funds

1. Every year, the actual base for compensation the previous year, the Ministry of Finance coordinated with the ministries, the central sector of the bill, aggregate the compensation budget of the government's central government, the Congress reviewing the decision in the central budget bill. The Department of Finance coordinated with the Department, ban, the localization of the compensation and aggregate funding of the local budget bill to the Provincial People's Committee to present the Council of the People to the decision-making.

2. The compensation fee is allocated only to the body responsible for compensation when required for a valid compensation payment.

What? 5. Use the compensation budget

1. When the birth requires the compensation payer under the verdict, the decision to resolve the compensation of the competent organ, the body responsible for restitution of the act of withdrawal of the granted administrative administration is granted authority to deliver (if left) to pay the payment. For the damage. On the basis of funding has been paid to the damaged, the body responsible for the total compensation, the financial agency that adds the compensation funds to reimbursate the funding has been paid to the person with the damage.

2. The case when the birth is required to pay compensation, the body responsible for compensation is no longer sufficient to pay for the person suffering from the prescribed damage at the same Article, the filing of a compensation bill, sending the authority to the authorities. I'm going to pay for the damage.

What? 6. Additional procedure, compensation level

1. The case of an agency responsible for compensated the bill to pay for the injured:

In the case of an agency responsible for compensated compensation to pay compensation to the damaged person, during the 5-day period of work, since the date of the completion of the compensation prescribed at the verdict, the decision to resolve the compensation, the agency reported. It is responsible for the compensation of a collection of related financial body-related records that are responsible for ensuring the funding for the appraisal, the supplemation of the funding. The timing of the appraisal is due to the regulation at point c 2 and paragraph 3 This. The case of an authority responsible for the charge of having a superior management agency sends a file to the upper management authority to be determined to send the financial body responsible for ensuring the funding review of the funding. The timing of the appraisal and the addition of the compensation funding is specified at point b, c 2 and paragraph 3 This.

2. The case of an organ responsible for compensation does not allow the person to be paid for damages.

a) During the 5-day period of work, since the day of the sentence, the decision to resolve the compensation of the law of law, the body responsible for compensation must set up the case of the compensation that sends the financial body responsible for ensuring the funding under its provisions. State Budget Law to consider granting compensation for compensation. The case of an officer in charge of an upper-level management must send a file to the upper level governing body for the appraisal.

b) During the 5-day period of work, since the date received the case, the body receives a specified responsibility for appraisal, accuracy, full, and validity of the case of the compensation offer, appraisal of reparation funds to have text sent to the financial organ. The same level has the responsibility of ensuring the funding to review the compensation costs.

c) The filing of the compensation proposal is carried out by regulation at Article 54 of the State's Compensation Liability Laws. The case case is not valid, the body that receives the agency guidance profile is responsible for the addition of the case or modification, the addition of the compensation settlement decision. The filing deadline is no more than 15 days, since the date of receiving the required text of the upper level management authority.

3. In the 10-day period of work, since the date of receiving a valid compensation offer, the financial body is responsible for ensuring the funding (the Ministry of Finance for the central authority responsible for compensation or the Finance Department for the local authority may be liable). Compensation) is responsible for granting funding to the agency responsible for paying for damages. In case of complex cases, there is a large amount of money to examine, the financial institution that trades with the state governing body of compensation and the relevant agency to pay for the cost of paying compensation. After the agency has the responsibility to reimbursate the compensation profile, determine the return responsibility of the individual, the organization has the text to send the financial body to the appraisal and to inform the additional budget bill.

What? 7. Do the compensation payment

1. After the withdrawal of the administrative branch bill or after receiving the funding provided by the prescribed financial agency at Article 6 of this Information, the slog at the time of the 5 working days, the body responsible for compensation must organize the implementation of the payment. Compensation for the person with the damage or relatives of the damage (the latter is generally the recipient of the compensation).

2. The payment must perform once in cash for the recipient of the compensation or transfer at the request of the compensation recipient and must be notified at least 2 days for the recipient of the compensation for the payment of the payment. I'm sorry The person who received the compensation required to pay by the transfer was made at the request of the transfer person and informed the recipient of the money.

3. The payment of the compensation must be established in accordance with the form of instruction set in paragraph 2 This, each of the participants in charge of 1-copy compensation.

What? 8. Compensation Expense

1. The payment of the compensation funding implementation pursues to the regulation of the State Budget Law and the Law Guide documents.

2. End of the five budget, the body responsible for the compensation of the funding decision has paid compensation, general aggregate in the annual budget decision to send the Ministry of Finance (for the central authority), to the Department of Finance (for the local authority). according to the law of the state budget.

For the body responsible for compensation with a superior management agency due to the central budget warranties the funding of the funding decision has paid compensation, general aggregate in the agency 's annual budget decision to the agency' s governing body. level above to sum up the Ministry of Finance in accordance with the rule of law on the state budget.

What? 9. Thu, pay reimbursable

1. The person who execs guilty of the fault caused the damage to the obligation to pay the state budget that the state has compensated for the person suffering from the decision of the competent authorities.

2. The collection, management, use of reimbursable reimbursable proceeds at the State and International Compensation Accountability Law 16 /2010/NĐ-CP March 3, 2010 of the Government rules the details and guidelines for some of the provisions of the State's Compensation Law. Some specific instruction content is as follows:

a) The base decides to reimbursate the state budget, the head of the body's state budget to carry out compensation responsible for the responsibility of the charge of the return, in coordination with the chief agency of the agency, who execs the case. The return of reimbursable money and the payment of the state budget at the State Treasury on the site prescribed at Article 62 and Article 63 of the State's Compensation Liability Laws.

b) For the case of a refund is done by subtracing the monthly salary of the execs, the minimum level is not less than 10% and the maximum level is no more than 30% of the income from monthly wages. The head of the officer ' s governing body, the public must make a refund of the responsibility of citing the monthly wage of the cadre, the civil charge must be reimbursable under the Council review of the decision to pay the decision to submit to the state budget. I've been trying to do the damage.

Item 2

FUNDING FOR STATE MANAGEMENT OF COMPENSATION

What? 10. Food content to implement state management of reparation work

1. The construction of the text of the rule of law on the responsibility of the compensation of the State.

2. The common genus, the text propagation of the rule of law on the responsibility of the compensation of the State.

3. Detail expert opinion on complex cases involving multiple disciplines, multiple levels or specialization in many areas led by the head of the agency determined to take an opinion.

4. Directive property pricing, property damage and health damage monitoring to serve the test, inspection, complaint of the complaint, denouncing the regulation of the law on state compensation.

5. The interdisciplinary meeting with the central, local agencies to identify the body with responsibility for compensation in the event of a person with the damage or agency responsible for the claim.

6. The organization of organized unions under the decision of the authority of the authority to determine the body responsible for compensation in the event of the damage or agency responsible for compensation requirements; follow, check, check out the compensation settlement. Usually, on the watch, the governor pays for the compensation, fulfilling the refund.

7. Training in training, accretion, and state management of reparation work for cadres, civil service, and public compensation.

8. The conference, the conference, the final, summup the state management business on compensation.

9. Details of investigation activities, surveys, surveys, statistics, data aggregation; construction and database updates on state compensation work.

10. Other genera in relation to state management work on compensation.

What? 11. Level

1. For the genus content there has been a specific regulation of the mode, standard, definition, the implementation of the existing law (according to the Appendix).

2. For the subject matter to specialized management activities on state compensation work without specific expenditures, then the unit chief operates the provisions of the existing law on similar activities.

What? 12. Set up the bill, approve and decide the state budget budget for the state management work on compensation.

The establishment, acceptance, and accounting of the state management work on compensation made by the provisions of the State Budget Law, Accounting Law, and the Manual Instructions.

Chapter III

EXECUTION CLAUSE

What? 13.

This joint venture has been in effect since 25 June 2012.

What? 14. Organization

In the course of execution, if the resulting arise, the agency, the organization, the individual reflects in time to the Ministry of Finance and the Ministry of Justice to study, the additional guidance for the appropriate ./.

KT. MINISTER OF FINANCE
Chief.

KT. Minister of Justice.
Chief.

(signed)

(signed)

Cheung Chi

I Don't Have To.