Circular No. 03/2013/TT-BTP guiding the implementation of state management over compensation work in administrative management activities

CIRCULAR

H||| Guidelines for implementing state management of compensation work

 ||| in administrative management activities

_____________________

||| Based on the State Compensation Law dated June 18amend2009;

Pursuant to Decreeand amended and supplemented by certain articles related to conditions for investment and business and administrative procedures in the field of information and communications on November 7, 20186/201||| 2010 of the Government Decree No. 0/2010/NĐ-CP detailing and guiding the implementation of certain provisions of the State Compensation Law;For power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract.||| Government Decree No. 93/2008/NĐ-CP dated August 22, 2008, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

CamendPursuant to Decree No. 164No. ||| The Minister of Justice issues this Circular to guide the implementation of state management of compensation work

||| in administrative management activities reason ||| This Circular guides the implementation of state management of compensation work in administrative management activities regarding the determination of the responsible compensation agency; guiding the business of handling compensation; answering questions about the implementation of laws on state compensation responsibility; monitoring, urging, inspecting; statistics, summarizing, reporting on state compensation work. ||| This Circular applies to agencies responsible for state management of compensation work in administrative management activities and other agencies, organizations, and individuals related to state compensation work."b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."u.

PART I

GENERAL PROVISIONS

Article 1. Seniority allowance (14%):perioda) Clause 1 Article 15 regarding accountability;

||| Determination of the responsible compensation agencyõ||| is the act of the competent state agency performing procedures to determine one of the relevant agencies causing damage as the responsible compensation agency.

Article 2. CounterpartnationalThe amount of fees collected for food safety and hygiene work shall be implemented according to the schedule of fees attached to this Circular.

||| Relevant agencies causing damage

Article 3. Definitions

1. ||| are agencies or persons performing official duties with unlawful acts causing damage in administrative management. ||| Guidance on the business of handling compensationồ||| is the act of the competent state agency guiding

2. ||| the responsible compensation agency to apply laws on l||| state compensation responsibility.shall ||| Answering questions about the implementation of laws on state compensation responsibility

3. ||| is the act of the competent state agency providing answers and explanations based on legal provisions for contents that agencies, organizations, or individuals consider to have difficulties in implementing laws on state compensation responsibility. ||| Monitoring the handling of compensation For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;||| is the act of the competent state agency collecting information, data, and the situation of state compensation to perform state management tasks For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;||| over compensation work.on ||| Urging the handling of compensationồ||| is the act of the competent state agency requiring the responsible compensation agency to handle state compensation according to legal regulations.

4. ||| Inspecting the handling of compensation l||| is the act of the competent state agency examining and evaluating the legality and correctness of the handling of state compensation by the responsible compensation agency. ||| DETERMINATION OF THE RESPONSIBLE COMPENSATION AGENCY For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;||| Determination of the responsible compensation agency falls within the jurisdiction of Ministries,, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP ||| agencies equivalent to ministries

5. ||| (hereinafter referred to collectively as Ministries) determining the responsible compensation agency when the person suffering damage requests or there is no agreement among agencies under their management regarding compensation responsibility. ||| Legal Affairs Departments (for Ministries), National Compensation Bureau (for the Ministry of Justice) advise and assist Ministries in performing the tasks specified in this clause. l||| In cases where there is no agreement among agencies organized vertically under a Ministry, the Legal Affairs Department of that agency advises and assists the head of the agency in determining the responsible compensation agency.

6. ||| Determination of the responsible compensation agency falls within the jurisdiction of provincial People's Committees ||| Provincial People's Committees determine the responsible compensation agency when the person suffering damage requests or there is no agreement among agencies under their management regarding compensation responsibility in the following cases:

7. ||| Between district-level People's Committees; ||| Between village-level People's Committees not in the same district;

Chapter II

||| Between specialized agencies under

Article 4. ||| provincial People's Committees; subject, organization, unit under the People's Committee of the commune level ||| Between specialized agencies under provincial People's Committees and district-level People's Committees in the same province.

1. ||| Departments of Justice advise and assist provincial People's Committees in performing the tasks specified in this Article.ồ||| Determination of the responsible compensation agency falls within the jurisdiction of district-level People's Committeesầ||| District-level People's Committees determine the responsible compensation agency when the person suffering damage requests or there is no agreement among village-level People's Committees under their management regarding compensation responsibility. For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;||| Justice Departments advise and assist district-level People's Committees in performing the tasks specified in this Article.

||| Determination of the responsible compensation agency falls within the jurisdiction of the Ministry of JusticeNo.||| The Ministry of Justice assists the Government in determining the responsible compensation agency when the person suffering damage requests or there is no agreement among agencies under their management regarding compensation responsibility in the following cases:

2. ||| Between Ministries;

Article 5. ||| Between provincial People's Committees;councillORS||| Between Ministries and provincial People's Committees.ệ||| The National Compensation Bureau advises and assists the Ministry of Justice in performing the tasks specified in this Article. The This Decision stipulates the amount of one-time allowance for individuals with achievements in the resistance war who have been awarded Commendation Certificates by the Prime Minister,

The ||| Procedures for determining the responsible compensation agency

1. ||| The competent agency determining the responsible compensation agency as stipulated in Articles 4, 5, 6, and 7 of this Circular shall take the lead in implementing the procedures for determining the responsible compensation agency according to the provisions set forth in

2. ||| Article 5 of Government Decree No. 16/2010/NĐ-CP.

3. ||| In cases where there is no agreement on the responsible compensation agency, the determination of the responsible compensation agency shall be carried out through the following procedure: The decision to switch the issuance of coats, overcoats, windbreakers, and down jackets to other uniforms for civil servants working at the National Market Management and Development Agency is decided by the Minister of Industry and Trade.||| Within five working days from the date of requesting the determination of the responsible compensation agency, the competent agency determining the responsible compensation agency shall organize a meeting with relevant agencies causing damage to reach an agreement on the responsible compensation agency.

4. ||| If the agencies cannot agree on the responsible compensation agency, the competent agency determining the responsible compensation agency shall decide on one of the relevant agencies causing damage as the responsible compensation agency.

||| The document determining the responsible compensation agency must be immediately sent to the relevant agencies causing damage, the person suffering damage or their relatives, and the responsible compensation agency for implementation.

Article 6. ||| Coordinating the determination of the responsible compensation agency organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.||| Within their scope of tasks and powers, relevant agencies causing damage and agencies managing state

||| compensation work shall cooperate in determining the responsible compensation agency. lpoint.

The Legal Department advises and assists the People's Committee at the district level to perform the tasks prescribed in this Article. The decision to switch the issuance of coats, overcoats, windbreakers, and down jackets to other uniforms for civil servants working at the National Market Management and Development Agency is decided by the Minister of Industry and Trade.The Ministry of Justice determines the agency responsible for compensation within its authority.

Article 7. The Ministry of Justice assists the Government in determining the agency responsible for compensation when the person suffering damage requests or there is no agreement on the responsibility for compensation in the following cases:rime Minister cBetween Ministries;

Between provincial People's Committees;

1. Between Ministries and provincial People's Committees.

2. The National Compensation Agency advises and assists the Ministry of Justice to perform the tasks prescribed in this Article.

3. Procedures for determining the agency responsible for compensation

The agency authorized to determine the agency responsible for compensation as stipulated in Articles 4, 5, 6, and 7 of this Circular shall take the lead in implementing the procedures for determining the agency responsible for compensation according to the provisions set forth

Article 8. in Article 5 of Decree No. 16/2010/NĐ-CP.

1. In case there is no agreement on the agency responsible for compensation, the determination of the agency responsible for compensation shall be carried out through the following procedures:June 2024;Within five working days from the date of the request to determine the agency responsible for compensation, the agency authorized to determine the agency responsible for compensation shall take the lead and organize a meeting with the agencies causing damage to reach an agreement on the agency responsible for compensation.h If the agencies cannot agree on the agency responsible for compensation, the agency authorized to determine the agency responsible for compensation shall decide that one of the agencies involved in causing damage is the agency responsible for compensation. number The document determining the agency responsible for compensation must be immediately sent to the agencies causing damage, the person suffering damage or their relatives, and the agency responsible for compensation for implementation.

2. Coordination in determining the agency responsible for compensationồWithin the scope of their duties and powers, the agencies causing damage and the state management agencies

a) in charge of compensation work.rime Minister cm provisiononThe People's Committee at the district level shall urge the activities of compensation resolution in administrative management under the responsibility of the People's Committee at the commune level.

The People's Committee at the district level shall perform the tasks prescribed in this clause.shall ||| Urging the handling of compensationồBasis for urging the activities of compensation resolution

b) Complaints, denunciations, suggestions, and reflections of the person suffering damage regarding the activities of compensation resolution.

Article 9. Results of monitoring and inspecting the activities of compensation resolution.

1. The Legal Department compiles reports to the People's Committee at the provincial level (before April 15 for the mid-year report and before October 15 for the annual report). The Legal Affairs Organization under the Ministry compiles reports to send to the Ministry of Justice.on The Ministry of Finance compiles statistics and consolidates data on the allocation of funds for compensation payments to send to the Ministry of Justice for consolidation and reporting to the Government (before April 15 for the mid-year report and before October 15 for the annual report).ồThe entity usually has the responsibility to coordinate in determining the agency responsible for compensation.

2. The request for coordination in determining the agency responsible for compensation shall be made in writing.i |||

Chapter III

GUIDELINES FOR SETTLING COMPENSATION BUSINESS

Article 10. Business guidelines ofDeputy ministers of ministerial-level agencies,Ministries

1. Ministries provide business guidelines for settling compensation for agencies and units under their jurisdiction.

The Legal Department (for Ministries), the National Compensation Agency (for the Ministry of Justice) advise and assist the Ministry in performing the tasks stipulated in this clause.

2. For agencies under Ministries organized vertically from central to local levels, the head of the central-level agency under the Ministry shall provide business guidelines for settling compensation for agencies and units under their jurisdiction.

The Legal Department of the agency under the Ministry advises and assists the head of the agency in performing the tasks stipulated in this clause.

Article 11. Guidance For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;Business guidelines of the provincial People's Committee

The provincial People's Committee provides business guidelines for settling compensation for the following agencies:

1. Specialized agencies under the provincial People's Committee;

2. District People's Committees.

The Department of Justice advises and assists the provincial People's Committee in performing the tasks stipulated in Articleonthis.

Article 12. Business guidelines of The decision to switch the issuance of coats, overcoats, windbreakers, and down jackets to other uniforms for civil servants working at the National Market Management and Development Agency is decided by the Minister of Industry and Trade.District People's Committee

The district People's Committee provides business guidelines for settling compensation for the commune People's Committees.

The Justice Office advises and assists the district People's Committee in performing the tasks stipulated in Articleonthis.

Article 13. - Storing the inspection checklist in an easily accessible location for future inspections.ớBusiness guidelines of the Ministry of Justice

The Ministry of Justice provides business guidelines for settling compensation for the following cases:

1. Cases involving different sectors, fields, or regions;

2. At the request of the agency responsible for compensation in administrative management activities.

The agency authorized to determine the agency responsible for compensation as stipulated in Articles 4, 5, 6, and 7 of this Circular shall take the lead in implementing the procedures for determining the agency responsible for compensation according to the provisions set forth

Article 14. Time limit for providing business guidelines for settling compensation

Within five working days from the date of receipt of the letter requesting guidance and receiving all relevant documents, the competent authority must issue a written response. In complex cases, the time limit may be extended but not exceed fifteen days.

Chapter IV

LEGAL OBSTACLE RESOLUTION, INFORMATION PROVISION, AND PROCEDURE GUIDANCE

Article 15. Implementing resn lolution of legal obstacles

The Ministry of Justice resolves legal obstacles regarding the implementation of laws on state responsibility for compensation in administrative management activities.

The agency authorized to determine the agency responsible for compensation as stipulated in Articles 4, 5, 6, and 7 of this Circular shall take the lead in implementing the procedures for determining the agency responsible for compensation according to the provisions set forth

Article 16. Forms and time limits for resolving legal obstacles

1. Resolving legal obstacles shall be carried out through the following forms:

a) Written resolution;

b) Resolution through electronic networks;

c) Direct resolution or through telephone;

d) Other forms as prescribed by law.

2. Within fifteen days from the date of receipt of all relevant information related to the content of the request for resolution of legal obstacles, the Ministry of Justice must respond according to the request of the agency, organization, or individual. In complex cases, the time limit may be extended but not exceed thirty days.

3. If necessary, resolving legal obstacles may seek opinions from experts or relevant agencies.

Article 17. Providing information and procedure guidance to support victims in exercising their right to claim compensation

1. The National Compensation Agency provides information and procedure guidance to support victims in exercising their right to claim compensation according to the request of the victim in the field of administrative management nationwide.

2. The Department of Justice provides information and procedure guidance to support victims in exercising their right to claim compensation according to the request of the victim in administrative management activities within the locality.

3. The Justice Office provides information and procedure guidance to support victims in exercising their right to claim compensation according to the request of the victim trin administrative management activities within the locality.

4. Depending on each specific case, providing information and procedure guidance to support the exercise of the right to claim compensation shall be done in writing or through direct communication with the victim.

Chapter V

MONITORING, URGING, AND INSPECTION

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MONITORING ACTIVITIES OF SETTLING COMPENSATION

Article 18. Implementing monitoring of compensation settlement activities

1. The Ministry of Justice monitors compensation settlement activities in administrative management nationwide.

The National Compensation Agency advises and assists the Ministry in performing the tasks stipulated in this clause.

2. The Legal Department (for Ministries), the National Compensation Agency (for the Ministry of Justice) advise and assist the Ministry in monitoring compensation settlementpoliciest bồactivities in administrative management within the scope of the Ministry's jurisdiction.

3. The Department of Justice advises and assists the provincial People's Committee in monitoring compensation settlementpoliciest bồactivities in administrative management within the scope of the locality.

4. The Justice Office advises and assists the district People's Committee in monitoring compensation settlementpoliciest bồactivities in administrative management within the scope of the locality.

Article 19. Basis for implementing monitoring of compensation settlement activities

1. Reports on the results of compensation claims settled by the responsible compensation agency.

2. Semi-annual and annual reports on the implementation of the Law on State Responsibility for Compensation.

3. Court judgments and decisions related to state compensation.3cm Media information about the situation of compensation claims and their resolution.

4. URGING ACTIVITIES OF SETTLING COMPENSATION

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Implementing urging of compensation settlement activities

Article 20. Ministries urge compensation settlement activities in administrative management within their jurisdiction.

1. The Legal Department (for Ministries), the National Compensation Agency (for the Ministry of Justice) advise and assist the Ministry in performing the tasks stipulated in this clause.i In cases where there is no agreement among agencies organized vertically under the Ministry, the Legal Department of that agency advises and assists the head of the agency in determining the responsible compensation agency.

The provincial People's Committee urges compensation settlement activities in administrative management within its jurisdiction for the following agencies:

2. b) District People's Committees.ngThe Department of Justice advises and assists the provincial People's Committee in performing the tasks stipulated in this clause.

3. 4. District People's Committees implement urging of compensation settlement activities in administrative management within the responsibility of the commune People's Committees.

a) Specialized agencies under the provincial People's Committee;

District People's Committees perform the tasks stipulated in this clause.Basis for urging compensation settlement activities

Complaints, denunciations, suggestions, and reflections from victims regarding compensation settlement activities.

Results of monitoring and inspection work on compensation settlement activities.This Circular takes effect from March 15, 2013.of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home AffairsResponsibility for implementation and organization of implementation

The Legal Department advises and assists the People's Committee at the district level to perform the tasks prescribed in this Article. The decision to switch the issuance of coats, overcoats, windbreakers, and down jackets to other uniforms for civil servants working at the National Market Management and Development Agency is decided by the Minister of Industry and Trade.State management agencies for compensation work, agencies responsible for resolving compensation in administrative management, and related agencies and organizations are responsible for implementing this Circular.

Article 21. During the implementation process, if there are difficulties or obstacles, individuals and organizations are requested to reflect to

1. the Ministry of Justice for research and resolution.

2. The results of monitoring and inspecting activities related to compensation settlement.

3. URGING ACTIVITIES OF SETTLING COMPENSATION

4. Court judgments and decisions related to state compensation.3cm judgment related to the State's liability for compensation.

Article 22. Procedure for urging the settlement of compensation

1. Within ten days from the date of having grounds for urging as prescribed in Article 21 of this Circular, the agency specified in Article 20 of this Circular shall issue a urging document to the agency responsible for settling compensation.

2. The urging document must clearly state the content and responsibilities of the agency responsible for compensation.

3. The agency responsible for compensation shall implement according to the content of the urging document and submit a report on the results of the settlement to the competent authority issuing the urging document.policiest of the settlement.

4. In case the agency responsible for compensation encounters difficulties or obstacles in implementing the compensation settlement, it must report and seek guidance from its superior agency or management agency. l||| In cases where there is no agreement among agencies organized vertically under a Ministry, the Legal Affairs Department of that agency advises and assists the head of the agency in determining the responsible compensation agency.

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INSPECTION OF STATE COMPENSATION WORK

Article 23. ||| Between district-level People's Committees;

1. The Ministry of Justice shall inspect the activities of compensation settlement in administrative management nationwide.

The National Compensation Agency advises and assists the Ministry in performing the tasks stipulated in this clause.

2. Ministries shall inspect the activities of compensation settlement within their respective areas of management.

Legal Departments shall advise and assist Ministries in performing the tasks stipulated in this clause.

3. Provincial People's Committees shall inspect động the activities of compensation settlement within their respective areas of administrative management.

Complaints, denunciations, suggestions, and reflections from victims regarding compensation settlement activities.

Results of monitoring and inspection work on compensation settlement activities.District People's Committees shall inspect the activities of compensation settlement within their respective areas of administrative management.

The Legal Department advises and assists the People's Committee at the district level to perform the tasks prescribed in this Article. The decision to switch the issuance of coats, overcoats, windbreakers, and down jackets to other uniforms for civil servants working at the National Market Management and Development Agency is decided by the Minister of Industry and Trade.District People's Committees shall perform the tasks stipulated in this clause.i Basis for

Article 24. Annual plans of state management agencies regarding compensation work.developmentInspection

1. At the request of competent state management agencies.

2. When there are reports from organizations or individuals about violations by agencies responsible for compensation settlement.

3. Through the results of monitoring and urging the settlement of compensation.

4. Forms of inspection

Article 25. HRegular inspections shall be conducted annually by state management agencies regarding compensation work according to the

1. plan approved.policies Unscheduled inspections shall be carried out based on the grounds specified in Clauses 2, 3, and 4 of Article 24 of this Circular.

2. State management agencies regarding compensation work shall organize inspections of compensation settlement activities on the following contents:duties The legality and correctness of the compensation settlement, payment of compensation money, and consideration of responsibility for repayment;

Article 26. Inspection Content

The implementation of reporting on the results of compensation settlement;y:

1. State management of compensation work and the performance of other tasks related to compensation as prescribed by law.

2. Measures for handling after inspection

3. After completing the inspection activity, the inspection team shall send the inspection result report to the agency that issued the inspection decision, and simultaneously send it to the Ministry of Justice for state management of compensation work.

Article 27. In case signs of violation of laws are discovered, the inspection agency shall handle according to its authority or propose measures for handling and remedying consequences to competent state agencies as prescribed by law.

1. Inter-agency inspection of compensation work

2. Inter-agency inspection

Article 28. of compensation work in administrative management is carried out to serve state management of compensation work.

1. The Ministry of Justice shall take the lead and coordinate with state management agencies regarding compensation work in administrative management to organize inter-agency inspections.No.a inter-agency inspection.

The content of the inspection shall be implemented as prescribed in Article 26 of this Circular. trResponsibilities of inspected agencies and units

2. Inspected agencies and units shall be responsible for preparing all inspection contents as required by the inspection agency, and cooperate with the inspection team to implement the inspection contents as required.

Article 29. RECORDING, SUMMARIZING, AND REPORTING ON COMPENSATION WORK

Types of reports, data collection pointsNo.Types of reportsầquarantine upon import.

Chapter VI

Periodic reports (six months and annual);

Article 30. Unplanned reports.

1. Data collection points

a) Six-month reports, data collection period from October 1 of the previous year to March 31 of the reporting year;

b) Annual reports, data collection period from October 1 of the previous year to September 30 of the reporting year;

2. Unplanned reports collect data as required by state management agencies regarding compensation work.

a) Recording, summarizing, and reporting on compensation work shall be carried out according to the form attached to this Circular.

b) Submitting reports on compensation workPlan for handling assets after the expiration of the joint venture and association period Ministries and provincial People's Committees shall regularly compile and submit reports to the Ministry of Justice (before April 15 for six-month reports and before October 15 for annual reports).

c) District People's Committees shall regularly compile and submit reports to provincial People's Committees (before April 10 for six-month reports and before October 10 for annual reports).

3. For agencies under Ministries organized vertically from central to local levels, local agencies shall submit reports to their superior management agencies, and simultaneously submit them to the Department of Justice for

Article 31. the Department of Justice to compile and report to the provincial People's Committee (before April 15 for six-month reports and before October 15 for annual reports). Legal Departments under Ministries shall compile and submit reports to the Ministry of Justice.

1. The Ministry of Finance shall compile and submit financial data for compensation payments to the Ministry of Justice for compilation and reporting to the Government (before April 15 for six-month reports and before October 15 for annual reports).

2. This Circular takes effect from March 15, 2013.No.Responsibilities for implementation and organizationNo.State management agencies regarding compensation work, agencies responsible for compensation settlement in administrative management, and relevant agencies and organizations shall be responsible for implementing this Circular.

3. During the implementation process, if there are difficulties or obstacles, individuals and organizations are advised to reflectpoliciesto the Ministry of Justice for research and resolution.in The Justice Sector compiles reports to the People's Committee of the province (before April 15 for the mid-year report and before October 15 for the annual report). The Legal Department under the Ministry compiles reports to send to the Ministry of Justice.of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairsp tỉnh (trước ngày 15 tháng 4 đNo.i với báo cáo 6 tháng và trước ngày 15 tháng 10 đối với báo cáo hàng năm). Tổ chức Pháp chế thuộc Bộ tổng hợp báo cáo gửi Bộ Tư pháp.

4. The Ministry of Finance compiles and consolidates financial data on the disbursement of compensation funds to send to the Ministry of Justice for consolidation and reporting to the Government (before April 15 for the mid-year report and before October 15 for the annual report).

Chapter VII

IMPLEMENTING PROVISIONS

Article 32. Effectiveness

This Circular takes effect from March 15, 2013.

Article 33. Responsibilities for implementation and organization of enforcementiệm thi hành và tổ chức thực hiện

1. State management agencies responsible for compensation work, agencies responsible for compensation settlement in administrative management activities, and related agencies and organizations shall be responsible for implementing this Circular.

2. In qDuring the implementation process, if there are difficulties or obstacles, individuals and organizations are requested to reflect to the Ministry of Justice for research and resolution.on Bộ Tư pháp để nghiên cứu, giải quyết./.