Joint Circular No. 08/2013/TTLT-BTP-BTC-TTCP amending and supplementing certain articles of Joint Circular No. 19/2010/TTLT-BTP-BTC-TTCP dated November 26, 2010 guiding the implementation of the State's liability for compensation in administrative management activities.

JOINT CIRCULAR

Amending and supplementing some articles of Circular Joint Circular No. 19/2010/TTLT-BTP-BTC-TTCP dated November 26, 2010 guiding the implementation of the State's liability for compensation in administrative management activities.

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Based on the Law on State Compensation Liability dated June 18, 2009;

Pursuant to Decree No. 16/2010/NĐ-CP dated March 3, 2010 of the Government detailing and guiding the implementation of certain provisions of the Law on State Compensation Liability;

The Minister of Justice, the Minister of Finance, and the General Inspector of the Government issue this Joint Circular amending and supplementing some articles of Joint Circular No. 19/2010/TTLT-BTP-BTC-TTCP dated November 26, 2010 guiding the implementation of the State's liability for compensation in administrative management activities.

Article 1. Amending and supplementing some articles of Joint Circular No. 19/2010/TTLT-BTP-BTC-TTCP dated November 26, 2010 guiding the implementation of the State's liability for compensation in administrative management activities.

1. Economic organizations conducting foreign exchange trading agency activities; economic organizations conducting foreign currency receipt and payment service provision activities; economic organizations conducting border country currency exchange agency activities.

"Article 1. Basis for determining the State's liability for compensation in administrative management activities.

1. The State's liability for compensation in administrative management activities shall arise only when the following conditions are met:

a) There is a document from a competent state authority determining that the act of the public servant is contrary to the law;

b) The illegal act of the public servant falls within the scope of compensation liability prescribed in Article 13 of the Law on State Liability (hereinafter referred to as the Law).

c) Actual damage has occurred;

d) There is a causal relationship between the actual damage and the unlawful act of the public servant.

2. The State shall not compensate for damage that occurs entirely due to the fault of the person suffering damage; in cases where both the public servant and the person suffering damage have faults, the State shall only compensate for a portion of the damage corresponding to the fault of the public servant. The determination of damage corresponding to the fault of the public servant shall be carried out in accordance with Articles 308 and 617 of the Civil Code 2005 and the guiding documents for its implementation."

4. State Bank Branch in Border Province is the State Bank Branch in provinces sharing borders with China, Laos, and Cambodia.

"Article 2. Documents of competent state agencies determining the illegal acts of public servants.

1. Decisions on handling complaints made by persons with authority that have taken legal effect in accordance with the law.

2. Conclusions on the content of accusations made by agencies or persons with authority in accordance with the law.

3. Judgments and decisions of the Court on resolving administrative cases that have taken legal effect.

4. Judgments and decisions of the Court on resolving civil cases that have taken legal effect declaring the annulment of administrative decisions.

5. Criminal judgments and decisions of the Court that have taken legal effect determining that the public servant has committed a crime while performing their duties, but such judgments and decisions have not determined the liability for compensation for damage caused by the criminal act of the public servant while performing their duties."

3. Article 11 is amended and supplemented as follows:

"Article 11. Compensation claim dossier.

The person requesting compensation shall submit one set of the compensation claim dossier including:

1. A request for compensation form according to Model 01a, 01b, or 01c issued together with this Joint Circular;

2. A copy of the document of the competent state agency determining the illegal act of the public servant;

3. Relevant materials and evidence related to the request for compensation."

4. Article 20 is amended and supplemented as follows:

"Article 20. Payment of compensation money.

Based on the effective decision on compensation resolution of the agency responsible for compensation or the effective judgment or decision of the Court, the agency responsible for compensation shall implement the payment of compensation money to the person suffering damage in accordance with Chapter VI of the Law and Joint Circular No. 71/2012/TTLT-BTC-BTP dated May 9, 2012 on the preparation of budget estimates, management, use, and settlement of funds for implementing the State's liability for compensation."

1. The National Compensation Agency advises and assists the Minister of Justice in urging the assessment of funding allocation, payment of compensation money, and consideration of responsibility for repayment in administrative management activities nationwide.

"Article 20a. Reporting responsibility.

Within five working days from the date of completing the compensation payment procedures, the agency responsible for compensation must report to the directly superior state agency, and at the same time send the state management agency responsible for compensation at the same level about the results of the compensation resolution, specifically as follows:

1. Ministries, ministerial-level agencies, and agencies under the Government shall send to the Ministry of Justice;

2. Provincial People's Committees; specialized agencies under provincial People's Committees shall send to the Department of Justice;

3. District People's Committees; Commune People's Committees shall send to the Justice Office.

Attached to the report must be copies of relevant documents related to the compensation resolution.

The report shall be made in accordance with Model No. 04 issued together with this Joint Circular."

6. Amending the basis for requesting compensation in Models 01a, 01b, and 01c issued together with Joint Circular No. 19/2010/TTLT-BTP-BTC-TTCP as follows:

"According to....number...date...month...year...of...regarding..., I request the competent agency to consider and resolve compensation for damages in accordance with the Law on State Liability, including the following items:"

Article 2. Responsibility for Implementation

1. This Circular takes effect from April 14, 2013.

2. During the implementation process, if there are difficulties or obstacles, individuals and organizations are requested to reflect them to the Ministry of Justice for coordination with the Ministry of Finance and the Government Inspectorate to study and resolve./.