CIRCULAR guide implementation of the State compensation liability in administrative management operation _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law of the State compensation liability number 35/2009/QH12 on June 18, 2009;
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. 22/2013/ND-CP dated 13 March 2013 of government functions, tasks, powers and organizational structure of the Ministry of Justice;
Pursuant to Decree No. 215/2013/ND-CP on December 23, 2013 of government functions, tasks, powers and organizational structure of the Ministry of finance;
Pursuant to Decree No. 83/2012/ND-CP dated 9 October 2012 of the Government functions, tasks, powers and organizational structure of the Government Inspector;
The Minister of Justice, Minister of finance and the Government Inspector General issued circular guide implementation of the State compensation liability in administrative management activities.
Chapter I DEFINES the LIABILITY of the STATE in ADMINISTRATIVE MANAGEMENT ACTIVITIES article 1. The time determines the right to claim the victims have the right to request the authorities responsible for implementing the resolution of the compensation claim from the date the competent State agencies issued the text determines the behavior of the person on duty is against the law.
Article 2. The time does not count on time to time claim not on claim time limits prescribed in clause 1 article 5 of law of State compensation liability (hereinafter referred to as the Act) is the period of time that occurs in one of the following events: 1. unforeseen events or objective obstacles under the provisions of the Civil Code makes the people suffer the damage could not claim within the time limits;
2. The victims are minors, who lost the capacity for civil acts or with limited capacity for civil acts that are not yet represented under the provisions of the law;
3. The victims are minors, who lost the capacity for civil acts or with limited capacity for civil acts were represented but the representative has died or under the provisions of the law they could not continue as the representative for the victims.
Article 3. The text of the State bodies are competent to determine the behavior of the person on duty is against the law to text of competent State agencies determine the behavior of the person on duty is against the law is the text has the legal effect of the following: 1. The decision to revoke the , remove, replace, amend the decision by administrative decisions that are issued against the law;
2. The decision to settle complaints by the competent person under the provisions of the law on complaints;
3. The conclusions of the report content authorized under the provisions of the law on the denunciation;
4. conclusion the Ombudsman settles complaints, accusations of competent State agencies under the provisions of the law on the Ombudsman;
5. The judgment, the decision of the Court about the case the Administration has legal effect;
6. Verdict, the decision of the Court about the resolution of the civil case law has been in force declaring the administrative decision;
7. The verdict, the decision of the Court about the resolution of the criminal case determines the duty has the offense while on duty that in the judgment, decisions that have yet to determine the liability for compensation for damage caused by the offence by the person on duty cause while on duty.
Article 4. Determining the compensation liability of the State in administrative management activities 1. Compensation liability of the State in administrative management activities only arises when there is enough of the following bases: a) has the text of the State bodies are competent to determine the behavior of the person on duty is contrary to law;
b) unlawful acts of the person on duty in the scope of responsibility of compensation prescribed in article 13 of the law;
c) Have actual damage occurs;
d) causality relationship between actual damage occurred and unlawful behaviour of the person on duty.
2. compensation liability of the State in case the victims had errors in the work to occur the damage is determined as follows: a) the State compensation for damages not occurred completely the fault of the person suffering damage;
b) case of the victims also had a part in making the error that caused the damage, the State compensation only part of the damage after deducting the part corresponding to the losses the fault of the person suffering the damage caused. The determination of damage compensation after deducting the portion of the damage caused by the fault of the person suffering the damage caused to be done under the provisions of the civil code and other documents guiding the implementation.
Article 5. Determine the scope of liability 1. Determining the scope of compensation responsibility in some specific cases are as follows: a) to apply the measures specified in paragraph 2, paragraph 3 and paragraph 4 of article 13 of law is the person on duty has unlawful behavior and cause damage when the decision to adopt the measures for the handling of administrative violations and implement the measures taken France;
b) the State has the responsibility to compensate for the damage caused to the victims in cases where victims are public servants resigned from General Director or equivalent or less dealt with form of dismissal;
c) The case compensated by law prescribed in clause 12 article 13 of the Act is the case is other compensation is regulated in the legal text and text that in effect after January 1, 2010.
2. valuable papers such as the license prescribed in clause 5 and clause 11 article 13 of law including: documents, approved, approved; the certificate of practice; certificate and other papers by the competent State authorities granted to individual organisations for them to exercise their rights and obligations under the provisions of the law.
Article 6. The Agency is responsible for compensation of 1. The case of the person on duty was the damage caused by the agency having legal personality directly under the specialized agencies in the provincial people's Committee of management was stipulated in paragraph 4 of article 3 of Decree 16/2010/ND-CP of the Government 03/03/2010 detailed rules and instructions for a number of articles of the law of the State compensation liability (hereinafter referred to as the decree number 16/2010/ND-CP) then direct people management agency on duty is responsible for agency compensation.
2. The authorities responsible for compensation in the case of measures of administrative processing to put people on the field brought, put people on the basis of compulsory education or putting people on the basis of improper cure prescribed by law is determined by the provisions of the law on the responsibility of the State Compensation Law in 2009 and handling administrative violations in 2012.
Chapter II the DAMAGE COMPENSATION article 7. Actual damage 1. Actual damage is damage that the damage suffered by the unlawful acts of the person on duty under regulation caused from 45 to 49 of the Thing the law and relevant laws.

2. Actual damage prescribed in clause 1 of this article including actual cost victims has dropped out of the process claims, accusations, join the proceedings to obtain the text identify unlawful behaviour of the person on duty such as the cost to ship a car, travel , eat in, print documents, send mail in process complaints, accusations, participate in the proceedings.
The cost to ship a car, travel, accommodation, printing material is applied according to the regulations of the Ministry of Finance on the diem regime, the regime spent organizing conferences for State agencies and business units.
3. Time of settling compensation stipulated in Article 45 paragraph 1 of the law is the moment the victims signed the minutes of the last negotiation when negotiating compensation settlement. The case of the victims not to sign the minutes to negotiate the compensation point is calculated from when the participants in negotiations to sign other documents prescribed in paragraph 2 article 16 circular.
Article 8. Damage caused by compromised assets 1. Damage caused by compromised property is determined according to article 45 of the law. In the case of property being violated is land use, housing, buildings and other assets tied to the ground stroke damage compensation is determined according to the provisions of article 45 of the law and the provisions of relevant laws.
The time to determine the status of the property as a basis of calculation of compensation level is the time the damage occurs.
2. the interest rate calculation period for the sums prescribed in paragraph 4 to article 45 of the law shall be calculated from the day the money is remitted to the State budget; seized; execution until decision resolving the Agency's compensation is responsible for compensation or until there is a verdict, the decision of the Court of law.
3. The sums to be paid into the State budget according to the decision of the competent State Agency prescribed in paragraph 4 to article 45 of the law includes the amount that victims have applied to the State budget or the funds will have to submit to the State budget.
Article 9. Damage caused by lost or real income decreasing 1. Damage due to real 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 to be determined on the basis of the average income of two adjacent years before the time of the damage. The Organization's income 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.
2. Damage caused by actual income lost or loosening of the individual cases 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, wages, that's their adjacent before damage occurs to determine 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 prior to the time the damage occurs as a 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 then retrieved the base wage by State regulations that apply to public servants working in the State administration at the time the compensation settlement as a basis to determine the actual earnings.
The case before the damages that the victims are non-paid vacations and other modes as defined by the law, the victims are not damages due to lost or real income problems related to wages and that mode.
Article 10. Damage due to the loss of the spirit 1. Damage due to loss of sense of time being administrative detention, were brought into the school, institution, healing facility prescribed in clause 1 Article 47 of law is determined as follows: a) A payday facility is determined by taking the base wage by State regulations that apply to public servants working in State administrative agencies at the time of compensation divided by 22 is the number of average working day of each month.
For example, at the time of issuance of this circular, the General base wage by State regulation is the same, so a 1,150,000 on base salary will be: 1,150,000 VND: 22 = 52,273.
b) on Number administrative custody, were brought into the school, the institution, the basis of healing is determined according to the actual number of days that the compensation of administrative custody, was brought into the school, institutions, the basis of healing.
For example: Mr. A was put on the basis of healing from 01/12/2010 and on 01/3/2011 shall be come out of the base of healing. On 20/3/2011, the competent authorities determined he was not subject to A the measures taken on the basis of healing. In this case, the damage due to the loss of the spirit that he A compensation is determined as follows: the actual number of days taken on the basis of healing are: 31 days of December 12/2010 day of the month + 31 01/2011 + 28 days of December 02/2011 = 90 days.
The number of days calculated according to salary base salary compensation is: x 2 = 90 days 180 days.
In this example, the amount that A State compensation is: 180 days x 9,409,140 = 52,273.
2. Damage caused by loss of morale in the case of the victims of death prescribed in paragraph 3 to article 47 of the law are defined as follows: a) If the victims died during the administrative detention, were brought into the school, the institution, the basis of healing that is not their fault or not due to unforeseen events the urgent situation, their relatives are damages due to loss of a spirit is three hundred sixty months calculated according to General base wage by State regulations at the time the compensation settlement.
b) If the person detained, taken into the school, the institution, the basis of healing the dying during administrative custody, was brought into the school, institutions, the basis of healing that their fault or due to unforeseen events, urgent situation then their relatives not be compensation for damage due to the loss of the spirit according to the rules in clause 3 of the Article 47 of the Act.
c) compensation for damages due to the loss of spirit is compensation for the relatives of the victims (wife, husband, father, mother, father, foster mother, child, adopted child of the person who suffered the damage, who directly cultivates the victims). Those who are compensated in this case must be alive at the time of the victims die.
Article 11. The physical damage caused by the victims of death

1. Reasonable costs for the cure, fostering, care of people suffering damage before death prescribed in clause 1 Article 48 of the law is the actual costs required, consistent with the nature and the extent of the damage, in line with the average price in the locality at the time, including : rent an emergency victims in health facilities; drug money and money to buy medical equipment; the cost of screening, x-ray, tomography, ultrasound, laboratory tests, surgery, blood transfusions as directed by a physician; money hospital fees; money next protein, fostering health recovery money for victims as directed by a physician; the actual cost, necessary before the victims die (if available).
2. Costs for the buried victims die prescribed in clause 2 Article 48 of the law determined under the funeral allowance pursuant to the social insurance law. The case of the victims of death that their relatives had to rent a car to transport his body of death shall be compensated at all costs.
3. compensation payments Only to people that the victims are performing the obligation of support stipulated in paragraph 3 to article 48 of the law if before the administrative detention, were brought into the institution, the basis of healing that victims are made but the support obligation in administrative custody time , were brought into the institution, the basis of healing death. The people who are the victims of support compensation payments. 
Article 12. The physical damage caused by compromised health 1. Reasonable expenses for the cure, recuperation and function is lost, the loosening of the victims as stipulated in clause 1 Article 49 of law include: the cost of being instructed in clause 1 article 11 of this circular and the cost for the fake leg mounting fake fake eyes, hands, buy wheelchairs, scooters, crutches and fix aesthetics and other costs to support or replace part of the lost body function or loosening of the damage (if any).
If the State Agency has paid the entire cost of the damage is not compensated; the case of State bodies have paid part of the costs of the damage compensation remaining costs section.
2. the reasonable cost of compensation and loss of real income caregivers who suffer damage as specified in paragraph 3 to article 49 of the law.
a) victims are compensated only reasonable costs and actual income loss of caregivers who suffer damage if the care that is needed or requested by the medical establishment.
b) The reasonable costs of caregivers who suffer damage during treatment including the money train, travel, car rentals, accommodation according to the regulations of the Ministry of Finance on the diem regime, the regime spent organizing conferences for State agencies and business units.
c) real income lost by carers who suffered damage in the duration of treatment is determined by the provisions of article 46 of the law and according to the instructions in paragraph 2 article 9 of this circular. 
3. The victims lose the ability to labor and need regular care is not likely to make manufacturing operations, business services. More affordable for people who regularly take care of the victims lose the ability of labour provisions in paragraph 4 to article 49 of the Act is calculated by the average wage paid to the care of disabled persons in the locality where the victims reside.
Chapter III PROCEDURE for CLAIMS RESOLUTION BODY RESPONSIBLE FOR COMPENSATION article 13. Claim profile and submit a claim 1. Victims can submit the claim records to the authorities responsible for compensation by one of the following forms: a) directly send your claim at the Agency are responsible for compensation;
b) send your claim to the authorities responsible for compensation through the post.
2. The victims posted 01 record claim include: a) compensation claim form 01a and 01b attached to this circular;
b) the text of the State bodies are competent to determine the unlawful behavior of the person on duty;
c) power of Attorney, legal claim in case the claimant is the authorized representative of the victims;
d) documents, and evidence (if any).
The case of the victims directly send your claim at the Agency are responsible for compensation shall submit a photocopy of the text of the State bodies are competent to determine the unlawful behavior of the person on duty and a photocopying authorization, at the same time bring along the originals to collate.
The case of the victims claim records submitted to the Agency are responsible for compensation through mail then send authenticated copies the text of the State bodies are competent to determine the unlawful behavior of the person on duty and had attested copy of power of attorney.
3. where the victims died that heirs of victims filing a claim, in addition to the documents specified in points a and b of paragraph 2 of this article, claim record must have the following documents: a) the will of the victims or other legal documents proving the right of succession of the claim;
b) legal authorization text about the appointment of a person in the heirs or other persons is not the successor representative for the heirs of the victims made the right to claim, in case the victims had many heirs;
c) demonstrate people's mail and papers to prove their relationship to the victims as: household, certificate of marriage registration, birth certificate of the claim ... or certified by local authorities where the victims residence or confirm the Agency's the Organization, where the victims worked confirmed the victims are relatives of the claim.
The case of the victims directly send your claim at the Agency are responsible for compensation shall send a photocopying the papers specified in point a, b and c of this paragraph at the same time bring along the originals to collate.
The case of the victims claim records submitted to the Agency are responsible for compensation through mail then send authenticated copies of the papers specified in point a, b and c of this paragraph.
Article 14. Accepting the single claim 1. Upon receipt of the claim, the Agency has the responsibility of compensation must check and determine the validity of the application and the attached documents, papers; case records are incomplete, guide the additional claim.
For the text of the State bodies are competent to determine the unlawful behavior of the person on duty has been issued that the claim does not have the ability to offer if the victims had requested, the Agency is responsible for compensation is responsible for collecting the text there.

2. within 10 working days from the date of receiving the application and the documents are valid, if the claims define the responsibility of his resolve, the Agency received are accepting and notice in writing about accepting the single claim; the case agency accepting for that the case does not settle his responsibility must then return the record and guide the claim sent to the State administration on work of compensation to be determined the Agency has responsibility for compensation as defined in chapter IV of Decree number 16/2010/ND-CP. 3. Once the claim application is accepting, victims must provide the documents and evidence to substantiate its claim for from the date the compensation claim was accepting until the end of the verification of the damage.
Article 15. Verify the loss of 1. Individual cases have payroll revenue is then responsible for agency compensation responsibility for damage verification based on payroll.
2. where the income of the Organization defining the Organization's collection was based on the financial statements of the organization.
3. for damages is the rent then the verification of damage is based on the following papers: a) registration papers or confirmation of the communes, wards and towns about staying at the rental location;
b) tenancy was created to form fit the rules of the law of property or rental of house owners about the rent.
4. in case the damage is the cost of printing the document, sent the message in the claims process, denounce, join the proceedings to obtain the text identify unlawful behavior, then the verification of damage must be on the basis of the Bill, documents on the print documents or receipts sent by post.
5. In case after accepting the petition to claim new victims, provide documents and evidence to prove his claim, the victims do not have the right to claim interest payments incurred on the amount of actual damages and other losses arising during the provision of the documents evidence of that.
The case of the claim cannot collect is then able to do text requires the agency responsible for conducting compensation collect material evidence, in order to ensure the compensation law.
Article 16. Negotiate the compensation 1. Negotiations to determine the damages are compensation and compensation is done on the basis of the documentary evidence provided by the person who suffered the damage and document the evidence collected during the verification of the damage of the bodies responsible for compensation.
2. in case of expiry of negotiation that the victims did not sign the minutes of the negotiating bodies have the responsibility of compensation must set the minutes signed by the participants in negotiations about the victims of intentionally not signing the text. This report is the basis for the responsible agency compensation compensation decisions.
3. negotiate thereon made under model number 2 attached to this circular.
Article 17. Decision to resolve claims within 3 working days from the date of the end of the negotiation, the representative must complete the draft decision on compensation to report the agency heads are responsible for compensation.
Based on the results of verification of the damage, negotiate with the victims and the opinion of the relevant body (if any), the heads of agencies are responsible for issuing compensation compensation decisions. 
Article 18. On expiry of the decision On compensation decision expiry of compensation according to the provisions of article 20 of the Act was identified as the 11th day from the date of the representative made the settlement compensation and the victims signed the minutes of negotiation, or from the date of establishment of the minutes regarding the victims of intentionally not signing the minutes of negotiation.
Article 19. Payment of compensation based on the compensation decision was in effect responsible authority's claim or judgment, the decision has force of law courts, the authorities responsible for implementing the compensation to pay compensation for the damage under the provisions of Chapter VI of the law and the guidelines of the competent State Agency on the estimating, management, use and cost of implementation of the State compensation liability.
Chapter IV the TERMS OF IMPLEMENTATION of article 20. Effect 1. This circular effect since 28 January 2016.
2. This circular replaces circular No. 19/2010/TTLT-BTP-BTC on TTCP-26/11/2010 of the Ministry of Justice, the Ministry of finance and the Government Inspector guide implementation of the State compensation liability in the administrative and management activities in circular No. 08/2013/TTLT-BTP-BTC on TTCP-27/02/2013 of the Ministry of Justice The Ministry of Finance of the Government Ombudsman and amending and supplementing a number of articles of circular No. 19/2010/TTLT-BTP-BTC on TTCP-26/11/2010 of the Ministry of Justice, the Ministry of finance and the Government Inspector guide implementation of the State compensation liability in administrative management activities.
Article 21. Transitional provisions 1. Cases the victims have a claim prior to the time this circular in force the laws and their claims have been accepting the responsible agency compensation continue to apply circular No. 19/2010/TTLT-BTP-BTC on TTCP-26/11/2010 of the Ministry of Justice The Ministry of finance and the Government Inspector guide implementation of the State compensation liability in administrative management activities to compensation;
2. where the victims have a claim prior to the time this circular effect the law but their claims have not been accepting the bodies responsible for compensation of this circular apply to compensation.
Article 22. The organization performs in the implementation process, if there are difficulties, problems or new issues arise, suggest that the agencies, organizations, and individual units reflecting the timeliness of the Ministry of Justice, the Ministry of finance and government inspectors to consider, resolve according to the authority.