Circular 18/2011/ttlt-Btp-Bnv: A Guide To The Duties, Powers, Organization And Staffing Of The Department Of Justice Department Of The Provincial People's Committee And The Judiciary Committees In The District B

Original Language Title: Thông tư liên tịch 18/2011/TTLT-BTP-BNV: Hướng dẫn nhiệm vụ, quyền hạn, tổ chức và biên chế của Sở Tư pháp thuộc Ủy ban nhân dân cấp tỉnh và Phòng Tư pháp thuộc Ủy ban nhân dân cấp huyện về b

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CIRCULAR guide the tasks, powers, organisation and staffing of the Department of Justice Department of the provincial people's Committee and the Justice Department of the people's Committee at district level on State compensation _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 93/2008/ND-CP on August 22, 2008 of the Government functions duties, powers and organizational structure of the Ministry of Justice;
Pursuant to Decree No. 48/2008/ND-CP on April 17, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of the Interior;
Pursuant to Decree No. 16/2010/ND-CP of March 2010 the Government detailing and guiding the implementation of some articles of the law of the State compensation liability;
Pursuant to Decree No. 13/2008/ND-CP DATED April 2, 2008 Government's regulation organization to the professional body in the people's committees of provinces and cities under central;
Pursuant to Decree No. 14/2008/ND-CP DATED April 2, 2008 Government's regulation organization of professional bodies in the district people's Committee, district, town, city in the province;
The Ministry of Justice and Ministry of Interior instructed the tasks, powers, organisation and staffing of the Department of Justice in the province people's Committee, the central cities (hereafter referred to as the provincial level), and the judiciary committees in the district, the County, towns and cities in the province (hereinafter referred to as district level) of State compensation are as follows : article 1. The tasks, powers, organisation and staffing of the Department of Justice of State compensation 1. Duties and powers to the Justice Department, Chief of provincial people's committees to help carry out the task of State compensation in the administrative management activities at the local mission, the following powers: a) the implementation of the provisions of the law on the compensation of State responsibility; popularity, propagating the law of State compensation liability and enforcement guidance documents;
b) suggested, the provincial people's Committee identify the authorities responsible for compensation in the case of the victims required or haven't had the consistency of the identification of the authorities responsible for compensation between the specialized agencies in the provincial people's committees and the people's committees at district level in accordance with the law;
c) fostering, guide, professional skills, compensation for public servants to perform compensation of specialized agencies in the provincial people's committees and the people's committees at district level;
d) provides information, support procedures guide the victims make the right claim;
DD) track, the urge, inspection, checking the settlement compensation, pay compensation and make repayment responsibilities prescribed by law;
e) complaints, accusations, processed in violation of the law on State compensation responsibility in accordance with the law;
g) periodic six-month and annual summary of the implementation of the State compensation liability in the local provincial people's Committee to report on the Department of Justice before 20 June each year (for the preliminary report) and before December 20 of every year (for the annual report);
h) perform other related duties on State compensation by the provincial people's Committee.
2. Organization and staffing a) professional Room in the Justice Department was given the task of administration of Justice assumed the Mission Chief, helping Director performs the duties and powers prescribed in paragraph 1 of this article.
b) staffing in the Department of justice the task of State compensation is public payrolls by the provincial people's Committee.
The provincial people's Committee has the responsibility of ensuring adequate staffing on the basis of determining the location of jobs for the Department of Justice to undertake the task of State compensation stipulated in paragraph 1 of this article.
Article 2. The duties, powers and staffing the Office of the people's Committee in the judicial districts of the State compensation of 1. Duties and powers of the judicial staff Rooms, district-level people's committees to help carry out the task of State compensation in the administrative management activities at the local mission, the following powers: a) the implementation of the provisions of the law on the compensation of State responsibility; popularity, propagating the law of State compensation liability and enforcement guidance documents;
b) suggested, the people's Committee of the district level determines the Agency has responsibility for compensation in the case of the victims required or haven't had the consistency of liability between the units of the people's Committee at district level by directly managing social people's Committee and in accordance with the law;
c) guide social people's Committee to perform compensation;
d) provides information, support procedures guide the victims make the right claim;
DD) track, the urge, inspection, checking the settlement compensation, pay compensation and make repayment responsibilities prescribed by law for cases of people's Social Committee has responsibility for compensation;
e) presided, in cooperation with the relevant units, advised the Committee at district level people's complaints, accusations, processed in violation of the law on State compensation responsibility;
g) periodic six-month and annual summary of the implementation of the State compensation liability in the Commission report, local-level people to send the Justice Department before 15 June each year (for the preliminary report) and before on December 15 of every year (for the annual report);
h) perform other related duties on State compensation by the people's committees at district level.
2. Staffing staffing in justice the task of State compensation is the payroll public servants due to the people's committees at district level.
The provincial people's committees and the people's committees at district level is responsible for ensuring adequate staffing on the basis of determining the location of jobs for Justice to carry out the task, the State compensation stipulated in paragraph 1 of this article.
Article 3. The effect and enforcement responsibilities 1. This circular effect after 45 days from the date of signing.
2. provincial people's Committee, the Department of Justice, the people's Committee at district level, the judiciary is responsible for implementation of this circular.
In the process, if there are obstacles, the proposal reflects on the Ministry of Justice to unify with the Interior Ministry review, resolve./.