Circular No. 09/2019/TT-BTP provides measures to support and guide victims in carrying out procedures to claim state compensation.

CIRCULAR

Regulations on measures to support and guide persons who have suffered losses
in implementing procedures for requesting state compensation

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Pursuant to the State Compensation Law 2017;

Pursuant to Decree No. 68/2018/NĐ-CP dated May 15, 2018 of the Government detailing certain provisions and measures for the implementation of the Law on State Compensation Liability;

Pursuant to Decree No. 96/2017/NĐ-CP dated August 16, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

At the proposal of the Director of the State Compensation Department;

The Minister of Justice promulgates this Circular prescribing measures to support and guide persons who have suffered losses in implementing procedures for requesting state compensation.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular prescribes the contents, responsibilities, and methods of implementing work to support and guide persons who have suffered losses in implementing procedures for requesting state compensation.

Article 2. Applicability

1. State management agencies for state compensation work;

2. State management agencies coordinating with state management of state compensation work;

3. Persons who have suffered losses; heirs of persons who have suffered losses in cases where such persons have died; organizations succeeding the rights and obligations of organizations that have ceased operations; legal representatives of persons who have suffered losses required to have legal representatives under the Civil Code;

4. Individuals and legal entities authorized by the persons specified in Clause 3 of this Article to request support and guidance;

5. Other agencies, organizations, and individuals related to the work of supporting and guiding persons who have suffered losses in implementing procedures for requesting state compensation.

Article 3. Principles of support and guidance and measures to enhance the effectiveness of the work of supporting and guiding persons who have suffered losses in implementing procedures for requesting state compensation

1. Support and guidance for persons who have suffered losses in implementing procedures for requesting state compensation must comply with the following principles:

a) Compliance with laws on state compensation liability and related laws;

b) Timely, accurate, honest, and impartial;

c) Protection of the rights and legitimate interests of persons who have suffered losses.

2. Measures to enhance the effectiveness of the work of supporting and guiding persons who have suffered losses in implementing procedures for requesting state compensation include:

a) Ensuring human resources and funding for the work of supporting and guiding persons who have suffered losses in implementing procedures for requesting state compensation;

b) Propagating, disseminating, and educating the public about the rights to request compensation; the right to be supported and guided in implementing procedures for requesting state compensation;

c) Training and enhancing the professional skills of staff involved in the work of supporting and guiding persons who have suffered losses in implementing procedures for requesting state compensation;

d) Close coordination between competent agencies providing support and guidance and relevant agencies in administrative management, litigation, and enforcement activities to effectively carry out the work of supporting and guiding persons who have suffered losses in implementing procedures for requesting state compensation;

e) Regularly and periodically organizing inspections of the work of guiding persons who have suffered losses in implementing procedures for requesting state compensation at local levels.

Chapter II

CONTENTS AND RESPONSIBILITIES OF SUPPORT AND GUIDANCE

FOR PERSONS WHO HAVE SUFFERED LOSSES IN IMPLEMENTING PROCEDURES

TO REQUEST STATE COMPENSATION

Article 4. Content of support for victims to carry out procedures to request state compensation

The contents of support for victims to carry out procedures to request state compensation include:

1. Contents specified in Article 6 of this Circular;

2. Subjects eligible for compensation;

3. Time limit for requesting compensation;

4. Basis for determining the state's liability for compensation;

5. Scope of state's liability for compensation;

6. Damages subject to compensation;

7. Documents required for requesting compensation;

8. Advance payment of compensation funds;

9. Other related contents regarding procedures to request compensation.

The Ministry of Justice supports victims in carrying out procedures to request state compensation according to the contents prescribed in Article 4 of this Circular as follows:

1. Guide victims to carry out procedures to request state compensation for cases where there is a document serving as the basis for requesting compensation, in accordance with the contents specified in Article 6 of this Circular;

2. Provide information on the state's liability for compensation to individuals and organizations seeking support for their cases; provide information on the handling of compensation requests at the request of victims related to their own compensation claims; issue written opinions to competent authorities to ensure that the procedures for handling compensation requests comply with the laws on state liability for compensation, at the request of victims related to their own compensation claims.

The State Compensation Agency assists the Ministry of Justice in performing the tasks stipulated in this Article.

Article 6. Contents of guidance for victims to carry out procedures to request state compensation

Guidance for victims to carry out procedures to request state compensation shall be provided for cases where there is a document serving as the basis for requesting compensation. The contents of guidance include:

1. Rights and obligations of victims;

2. Responsibilities of the agency handling compensation;

3. Procedures and formalities for handling compensation requests at the agency directly managing the public servant causing damage;

4. Restoration of reputation;

5. Payment of compensation money.

1. The Ministry of Justice guides victims to carry out procedures to request state compensation according to the provisions of Article 6 of this Circular in the following cases:

a) Cases which have been guided by the provincial People's Committee and the victim continues to request guidance from the Ministry of Justice;

b) Cases requesting compensation handled by the central agency directly managing the public servant causing damage, with its headquarters in Hanoi.

The State Compensation Agency assists the Ministry of Justice in performing the tasks stipulated in this clause.

2. The provincial People's Committee guides victims to carry out procedures to request state compensation according to the provisions of Article 6 of this Circular within its jurisdiction.

The Department of Justice assists the provincial People's Committee in performing the tasks stipulated in this clause.

1. In cases where it is necessary to unify the content of support and guidance, the competent authority responsible for providing such support and guidance shall take the lead and coordinate with relevant agencies to implement according to the provisions of Clause 2 or Clause 3 of this Article.

2. The Ministry of Justice shall take the lead and coordinate with relevant agencies to provide support to victims in completing procedures to claim state compensation as follows:

a) Coordinate with the Supreme People's Court, the Supreme People's Procuracy, and related ministries to provide support to victims in completing procedures to claim state compensation in administrative management activities and civil enforcement proceedings;

b) Coordinate with the Supreme People's Court, the Supreme People's Procuracy, the Ministry of Public Security, and the Ministry of National Defense to provide support to victims in completing procedures to claim state compensation in criminal enforcement activities;

c) Coordinate with the Supreme People's Court, the Supreme People's Procuracy, the Ministry of Public Security, the Ministry of National Defense, the Ministry of Finance, and the Ministry of Agriculture and Rural Development to provide support to victims in completing procedures to claim state compensation in litigation activities;

d) The Ministry of Justice shall propose that the Supreme People's Court and the Supreme People's Procuracy instruct courts and procuracies at all levels to coordinate with provincial people's committees to carry out work guiding victims in completing procedures to claim state compensation within their respective jurisdictions.

3. The Department of Justice shall take the lead and coordinate with relevant agencies to guide victims in completing procedures to claim state compensation as follows:

a) Coordinate with provincial departments, agencies, and civil enforcement bodies related to administrative management and civil enforcement proceedings to guide victims in completing procedures to claim state compensation;

b) Coordinate with provincial courts, provincial procuracies, and provincial public security organs to guide victims in completing procedures to claim state compensation in litigation and criminal enforcement activities.

Chapter III

METHODS OF SUPPORTING AND GUIDING VICTIMS TO COMPLETE PROCEDURES TO CLAIM STATE COMPENSATION

PERFORMING PROCEDURES FOR REQUESTING STATE COMPENSATION

Article 9. Basis and forms of support and guidance for victims to complete procedures to claim state compensation

1. Support and guidance for victims in completing procedures to claim state compensation shall be based on the request for support and guidance from the victim.

If the victim presents the request directly to the competent authority for support and guidance, the person receiving the request shall have the responsibility to guide the victim in writing the request for support and guidance or record the content of the request for support and guidance in writing and require the victim to sign or affix a fingerprint to confirm the written request.

2. Support and guidance shall be carried out through the following forms:

a) Support and guidance in writing;

b) Direct support and guidance to the victim.

Article 10. Receiving Requests for Support and Guidance to Complete Procedures to Claim State Compensation from Victims

1. Upon receipt of the request for support and guidance and any related documents and papers concerning the claim for compensation (if any), the competent authority for support and guidance shall enter the request into the logbook for receiving and processing requests for support and guidance.

2. Within one working day from the date of entry into the logbook for receiving and processing requests for support and guidance, the head of the competent authority for support and guidance shall assign personnel to provide support and guidance.

Article 11. Refusal, termination of support and guidance for the victim to carry out procedures for state compensation claims

1. The refusal to provide support and guidance shall be carried out in the following cases:

a) The request for support and guidance does not fall within the scope of state responsibility for compensation;

b) The request for support and guidance is not related to the claim for compensation of the victim;

c) There is a request for guidance but there is no document serving as a basis for the compensation claim;

d) The case has already been supported and guided by the competent authority, but the victim continues to request that authority to provide support and guidance without any new circumstances arising;

đ) The case requesting support and guidance does not fall under the responsibility of the competent authority for support and guidance as stipulated in Articles 5 and 7 of this Circular;

e) The case has been suspended from processing the compensation claim according to Article 51 of the Law on State Responsibility for Compensation;

g) The person requesting support and guidance is not an object of application of the provisions of Clause 3 and Clause 4, Article 2 of this Circular.

2. The termination of support and guidance shall be carried out in the following cases:

a) The victim withdraws the request for support and guidance;

b) The victim dies without any heir;

c) The victim fails to provide relevant documents when requested for the compensation claim;

d) During the process of providing support and guidance, the compensation claim case is suspended from processing according to Article 51 of the Law on State Responsibility for Compensation.

3. In the event of refusal or termination of support and guidance for the victim to carry out procedures for state compensation claims, the competent authority for support and guidance must issue a written notification about the refusal or termination of support and guidance to the victim within two working days from the date of having one of the grounds specified in Clause 1 or Clause 2 of this Article, stating clearly the reasons.

In the case of refusal of support and guidance as stipulated in Point đ, Clause 1 of this Article, the refusal notice must also include guidance for the victim to approach the competent authority for resolution.

Article 12. Procedure for supporting and guiding the victim to carry out procedures for state compensation claims

Within five working days from the date of being assigned, the supporter and guide shall implement the support and guidance for the victim to carry out procedures for state compensation claims according to the following procedure:

1. Prepare a report on the case;

2. Categorize the case into areas where state compensation liability arises;

3. Study and propose solutions for the request for support and guidance as follows:

a) If the request for support and guidance falls within the jurisdiction of their own agency and is in accordance with the objects eligible for support and guidance as stipulated in Clause 3 and Clause 4, Article 2 of this Circular, they shall report to the head of the competent authority for support and guidance to issue a document within their authority or directly organize support and guidance for the victim in accordance with Article 14 of this Circular;

b) If the request for support and guidance requires coordination with other responsible agencies as stipulated in Article 8 of this Circular, they shall report to the head of the competent authority for support and guidance to coordinate in accordance with Article 13 of this Circular;

c) If the request for support encounters difficulties or obstacles during the compensation claim process or the compensation resolution process, they shall report to the head of the competent authority for support to request the agency handling the compensation to provide written information about the case resolution status or to urge the agency to resolve the case within their authority or to recommend the competent authority to urge the agency handling the compensation to resolve the case in accordance with the law;

d) If the request for support and guidance has sufficient grounds for refusal or termination of support and guidance as stipulated in Clause 1 and Clause 2 of Article 11 of this Circular, they shall report to the head of the competent authority for support and guidance to issue a written notification about the refusal or termination of support and guidance.

Article 13. Implementation of coordination to support and guide persons suffering losses in carrying out procedures for state compensation claims

1. Coordination shall be implemented through exchanging opinions in writing or holding inter-sectoral meetings to unify content before providing support and guidance.

2. In cases where coordination is carried out through exchanging opinions in writing, the requesting agency must have a summary of the case content, clearly stating the issues requiring support and guidance, the deadline for opinions, and its stance on the case, while sending relevant documents and papers to the coordinating agency. The coordinating agency has the responsibility to respond according to the request of the requesting agency.

3. In cases where coordination is carried out through inter-sectoral meetings, the organizing agency must prepare meeting materials and send them to invited agencies prior to the meeting. Meeting materials must include a summary of the case content, clearly stating the issues requiring support and guidance, and the organizing agency's stance on the case. Invited agencies must appoint representatives as required. Representatives attending the meeting must prepare their opinions and materials as requested by the organizing agency. At the end of the meeting, the organizing agency must draft, publish, and send the minutes of the meeting to participating agencies.

4. Within two working days from the date of unifying the content of support and guidance, the competent authority must issue supporting and guiding documents.

Article 14. Direct Support and Guidance for Persons Suffering Losses in Carrying Out Procedures for State Compensation Claims

1. Direct support and guidance for persons suffering losses shall be provided for the following cases:

a) Cases stipulated in Clause 1 of Article 19 of Decree No. 68/2018/NĐ-CP dated May 15, 2018 of the Government detailing certain provisions and measures for implementing the Law on State Liability for Compensation;

b) Cases encountering difficulties and obstacles during the process of requesting compensation and resolving compensation requests.

2. The supporter and guide shall propose to the head of the competent authority to organize direct support and guidance for persons suffering losses in accordance with the following procedure:

a) Appoint a working group to carry out support and guidance;

b) Prepare content and materials for support and guidance;

c) Issue a notification in writing to persons suffering losses regarding the time and location of the direct support and guidance session;

d) Provide direct support and guidance to persons suffering losses;

đ) Draft minutes of the support and guidance content;

e) The minutes must contain signatures or fingerprints of all participants in the support and guidance session, including the person suffering losses, and must be handed over to the person suffering losses for one copy;

g) Issue supporting and guiding documents; Report the results of support and guidance.

Direct guidance for persons suffering losses under the responsibility of the provincial People's Committee shall be conducted at the local Department of Justice’s office or the place of residence of the person suffering losses.

4. Within two working days from the end of the direct support and guidance session, the competent authority must issue supporting and guiding documents.

Article 15. Sending documents and storing supporting and guiding files for victims to carry out procedures to claim state compensation

1. Immediately after issuing supporting and guiding documents, the competent authority must send such documents to the victim and relevant agencies, organizations, or individuals (if any) via electronic mail or postal service or directly.

2. Supporting and guiding files for victims to carry out procedures to claim state compensation shall be stored in accordance with the provisions of the law.

Chapter IV

IMPLEMENTING PROVISIONS

Article 16. Effective Date

This Circular takes effect from January 25, 2020.

Article 17. Responsibility for Implementation and Organization

1. State management agencies for state compensation work; joint state management agencies for state compensation work; other agencies, organizations, or individuals related to supporting and guiding victims to carry out procedures to claim state compensation are responsible for implementing this Circular.

2. The following forms are attached to this Circular:

a) Form of request for support as prescribed in Article 9 of this Circular (Form No. 01);

b) Form of request for guidance as prescribed in Article 9 of this Circular (Form No. 02);

c) Register for receiving and processing requests for support and guidance as prescribed in Article 10 of this Circular (Register No. 03);

3. In case of difficulties or obstacles during implementation, please report to the Ministry of Justice for guidance on resolution./.