Circular No. 13/2015/TT-BTP amending and supplementing certain provisions of Circular No. 03/2013/TT-BTP dated January 31, 2013, issued by the Ministry of Justice guiding the implementation of state management over compensation work in administrative management activities.

CIRCULAR

Amending and supplementing certain provisions of Circular No. 03/2013/TT-BTP dated January 31, 2013 of the Ministry of Justice guiding the implementation of state management on compensation work in administrative management activities

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

The Minister of Justice promulgates this Circular amending and supplementing certain provisions of Circular No. 03/2013/TT-BTP dated January 31, 2013 of the Ministry of Justice guiding the implementation of state management on compensation work in administrative management activities.

Pursuant to the Law on State Liability for Compensation;

1. Amending and supplementing certain provisions of Circular No. 03/2013/TT-BTP dated January 31, 2013 of the Ministry of Justice guiding the implementation of state management on compensation work in administrative management activities

Pursuant to Decree No. 22/2013/NĐ-CP dated March 13, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

Article 18 is amended and supplemented as follows:

Article "Article 18. Implementation of monitoring the resolution of compensation

a) The National Compensation Agency advises and assists the Minister of Justice in summarizing and generally monitoring the resolution of compensation in administrative management activities nationwide;

b) Legal affairs organizations (for Ministries), the National Compensation Agency (for the Ministry of Justice) advise and assist the Minister in specifically monitoring the resolution of compensation in administrative management activities within their respective Ministries' jurisdiction;

đ) The Civil Enforcement Department of the Ministry of National Defense shall specifically monitor compensation resolution activities within its jurisdiction.

c) Departments of Justice advise and assist provincial People's Committees (hereinafter referred to as Provincial People's Committees) in specifically monitoring the resolution of compensation in administrative management activities within their respective Provincial People's Committees' jurisdiction;

d) Justice offices advise and assist district-level People's Committees (hereinafter referred to as District-level People's Committees) in specifically monitoring the resolution of compensation in administrative management activities within their respective District-level People's Committees' jurisdiction.

"Article 18a. Implementation of monitoring the assessment of funding allocation, payment of compensation money, and consideration of responsibility for repayment

a) The National Compensation Agency advises and assists the Minister of Justice in summarizing and generally monitoring the assessment of funding allocation, payment of compensation money, and consideration of responsibility for repayment in administrative management activities nationwide;

"Article 11a. Implementing monitoring of the assessment of funding allocation, payment of compensation money, and review of liability for repayment

a) The National Compensation Department shall advise the Minister of Justice on summarizing and generally monitoring the assessment of funding allocation, payment of compensation money, and review of liability for repayment throughout the country;

b) The Civil Enforcement General Department of the Ministry of Justice shall specifically monitor the payment of compensation money and review of liability for repayment within its jurisdiction;

2. Add Article 18a after Article 18 as follows:

b) Legal affairs organizations (for Ministries), the National Compensation Agency (for the Ministry of Justice) advise and assist the Minister in specifically monitoring the assessment of funding allocation, payment of compensation money, and consideration of responsibility for repayment in administrative management activities within their respective Ministries' jurisdiction;

đ) The Civil Enforcement Department of the Ministry of National Defense shall specifically monitor compensation resolution activities within its jurisdiction.

c) Departments of Justice advise and assist Provincial People's Committees in specifically monitoring the assessment of funding allocation, payment of compensation money, and consideration of responsibility for repayment in administrative management activities within their respective Provincial People's Committees' jurisdiction;

d) Justice offices advise and assist District-level People's Committees in specifically monitoring the payment of compensation money and consideration of responsibility for repayment in administrative management activities within their respective District-level People's Committees' jurisdiction.

"Article 19. Basis for monitoring the resolution of compensation, assessment of funding allocation, payment of compensation money, and consideration of responsibility for repayment

"Article 20. Implementation of urging the resolution of compensation

"Article 11a. Implementing monitoring of the assessment of funding allocation, payment of compensation money, and review of liability for repayment

4. Complaints and denunciations from individuals and organizations.

b) The Civil Enforcement General Department of the Ministry of Justice shall specifically monitor the payment of compensation money and review of liability for repayment within its jurisdiction;

"Article 19. Reporting Responsibilities of the State Bank Branches at Provincial and Municipal Levels

1. Legal affairs organizations (for Ministries), the National Compensation Agency (for the Ministry of Justice) advise and assist the Minister in urging the resolution of compensation in administrative management activities within their respective Ministries' jurisdiction.

"Article 14. Implementing urging of compensation resolution activities

1. The Civil Enforcement General Department of the Ministry of Justice shall urge compensation resolution activities within its jurisdiction.

2. The Provincial Civil Enforcement Department shall urge compensation resolution activities within its jurisdiction.

3. The Legal Affairs Department of the Ministry of National Defense shall advise the Minister of National Defense on urging compensation resolution activities within the scope managed by the Ministry of National Defense.

4. The Civil Enforcement Department of the Ministry of National Defense shall urge compensation resolution activities within its jurisdiction.

4. Article 20 is amended and supplemented as follows:

2. In cases where there is no agreement among agencies organized under the vertical system of a Ministry, the legal affairs organization of the higher-level agency advises and assists the head of the agency in urging the resolution of compensation.

3. Departments of Justice advise and assist Provincial People's Committees in urging the resolution of compensation in administrative management activities within their respective Provincial People's Committees' jurisdiction for the following agencies:

a) Specialized agencies under Provincial People's Committees;

b) District-level People's Committees.

4. Justice offices advise and assist District-level People's Committees in implementing the urging of the resolution of compensation in administrative management activities within their respective District-level People's Committees' jurisdiction.

5. In cases where responsible agencies do not perform tasks as prescribed in Articles 1, 2, 3, and 4 of this Article or have performed but the urged agencies have not complied, the Ministry of Justice shall be responsible for:

a) Urging Ministries and Provincial People's Committees to resolve compensation;

b) Requesting Provincial People's Committees to instruct specialized agencies under Provincial People's Committees, District-level People's Committees, and Commune-level People's Committees to resolve compensation.

The National Compensation Agency advises and assists the Ministry of Justice in performing the tasks prescribed in this paragraph."

5. Supplementing Article 20a after Article 20 as follows:

"Article 20a. Implementation of urging the assessment of funding allocation, payment of compensation money, and consideration of responsibility for repayment

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.

2. Legal affairs organizations (for Ministries), the National Compensation Agency (for the Ministry of Justice) advise and assist the Minister in urging the assessment of funding allocation, payment of compensation money, and consideration of responsibility for repayment in administrative management activities within their respective Ministries' jurisdiction.

3. Departments of Justice advise and assist Provincial People's Committees in urging the assessment of funding allocation, payment of compensation money, and consideration of responsibility for repayment in administrative management activities within their respective Provincial People's Committees' jurisdiction.

4. Justice offices advise and assist District-level People's Committees in urging the payment of compensation money and consideration of responsibility for repayment in administrative management activities within their respective District-level People's Committees' jurisdiction."

6. Article 21 is amended and supplemented as follows:

"Article 21. Basis for urging the resolution of compensation, assessment of funding allocation, payment of compensation money, and consideration of responsibility for repayment

2. Results of monitoring and inspecting compensation work

"Article 22. Urging procedures for the resolution of compensation

1. Decision on resolving complaints and conclusions on the content of accusations by competent state agencies.

1. Within ten days from the date of receipt of information and documents serving as the basis for urging pursuant to Article 21 of this Circular, the competent authority specified in Article 20 of this Circular shall issue a urging document to the responsible compensation agency.

3. Information from the press about compensation work.

4. Judgments and decisions of competent state agencies related to the State's liability for compensation.”

7. Article 22 is amended and supplemented as follows:

"Article 22. Procedure for urging the settlement of compensation activities

Clause 1. Within ten days from the date of receipt of information and documents serving as the basis for urging as prescribed in Article 21 of this Circular, the competent authority specified in Article 20 of this Circular shall issue a urging document to the agency responsible for compensation."

2. The urging document must clearly specify the content, deadline, and responsibilities of the agency being urged.

3. The urging document shall be sent to the agency being urged, the direct superior management agency of the agency being urged, and relevant state management agencies concerning compensation work.

4. Within five working days from the completion of the content of the urging document, the urged agency shall report in writing to the urging agency and its direct superior agency on the results of implementation.

5. In cases where the urged agency encounters difficulties or obstacles in implementing the content of the urging document, it must report and seek guidance from its superior agency or the state management agency responsible for compensation work as stipulated in Chapter III of this Circular.

8. Supplement Article 22a following Article 22 as follows:

"Article 22a. Urging Procedures for the Examination and Approval of Funding, Payment of Compensation, and Review of Liability for Repayment

1. Within five working days from the date of receiving information and documents serving as the basis for urging as prescribed in Article 21 of this Circular, the agency with authority as stipulated in Article 20a of this Circular shall issue an urging document to the agency responsible for examining funding approval, payment of compensation, and review of liability for repayment.

2. The urging document must clearly specify the content, deadline, and responsibilities of the agency being urged.

3. The urging document shall be sent to the agency being urged, the direct superior management agency of the agency being urged, and relevant state management agencies concerning compensation work.

4. Within five working days from the completion of the content of the urging document, the urged agency shall report in writing to the urging agency on the results of implementation."

9. Supplement Article 23a following Article 23 as follows:

"Article 23a. Principles for Inspecting Compensation Work

The inspection of compensation work in administrative management activities must comply with the following principles:

1. Accuracy, objectivity, transparency, democracy, timeliness, and without hindering the normal operations of the inspected entity.

2. Correctness in content, scope, subject, and time limit as specified in the Decision or Inspection Plan; compliance with the procedures, formalities, and authority for inspection as prescribed in Articles 23 and 23b of this Circular."

10. Supplement Article 23b following Article 23a as follows:

"Article 23b. Procedures and Formalities for Inspection

1. Issuing a Decision or issuing a Plan for inspection.

2. Announcing the Decision or Plan for inspection.

3. The Head of the Inspection Team requests the inspected entity to report on the inspection content; provide relevant information and documents related to the inspection content.

4. The inspected entity is responsible for explaining and clarifying issues requested by the Inspection Team (if any).

5. Within ten days from the end of the inspection, the Head of the Inspection Team issues a report on the inspection results to be submitted to the agency that issued the Decision or the Inspection Plan.

6. Within five working days from the date the report on the inspection results is approved, the agency that issued the Decision or the Inspection Plan must issue an Inspection Conclusion."

7. Handle within the authority or recommend the competent authority to handle violations of the law (if any).”

11. Supplement Article 26a following Article 26 as follows:

"Article 26a. Composition of the Inspection Team, Duties, and Authority of the Head of the Inspection Team

1. The Inspection Team consists of the Head and members. The Head of the Inspection Team is a representative of the state management agency responsible for compensation work. Members of the Inspection Team include representatives of the state management agency responsible for compensation work and other agencies or units related to the inspection of compensation work.

2. The Head of the Inspection Team has the following duties and powers:

a) Direct the Inspection Team to implement the content and time limits recorded in the Decision or Inspection Plan, and assign specific tasks to members of the Inspection Team;"

b) Requesting the inspected entity to provide information and documents related to the inspection content;

c) Drafting the inspection record, preparing the draft report on the inspection results, and the draft conclusion of the inspection, and being responsible for the accuracy, honesty, and objectivity of these documents;

d) During the inspection process, if violations are discovered, the Head of the Inspection Team must prepare a record and recommend the competent authority to handle them according to the law."

3. Members of the Inspection Team perform their tasks according to the assignment of the Head of the Inspection Team and are responsible to the Head of the Inspection Team for the assigned tasks."

12. Supplement Article 26b following Article 26a as follows:

"Article 26b. Rights and Obligations of the Inspected Entity

1. The inspected entity has the following rights:

a) To explain issues related to the inspection content;

b) To lodge complaints and denunciations in accordance with the law.

2. The inspected entity has the following obligations:

a) To comply with the Decision or Plan for inspection;

b) To promptly, fully, and accurately provide information and documents as requested by the Inspection Team; to bear responsibility under the law for the accuracy and honesty of the provided information and documents;

c) To implement the requirements and conclusions of the Inspection Team and the competent state authority."

13. Article 30 is amended and supplemented as follows:

"Article 30. Types of Reports and Time Points for Data Collection

1. Periodic reports

a) Six-month Report: report on the results of compensation work of the unit from October 1 of the previous year to March 31 of the reporting year;

b) Annual Report: report on the results of compensation work of the unit from October 1 of the previous year to September 30 of the reporting year.

The reports are to be prepared according to the form attached to this Circular (attached to the report are Appendices on the situation of compensation claims and their resolution in administrative management activities and Appendix on the list of resolved compensation claim cases under the State Compensation Law).

2. Reports on compensation work when requested by authorized state agencies."

14. Supplement Article 30a following Article 30 as follows:

"Article 30a. Statistical Data

1. Agencies responsible for reporting as stipulated in Clause 1, 2, 3, and 4 of Article 31 of this Circular shall compile statistical data on the situation of compensation claims and their resolution according to Appendices I, II, and III attached to this Circular.

2. The periodic statistical data compilation time points are carried out as prescribed in point a, b of Clause 1 of Article 30 of this Circular."

15. Article 31 shall be amended and supplemented as follows:

"Article 31. Submission of Reports on Compensation Work

1. Ministries, Provincial People's Committees shall aggregate and submit reports to the Ministry of Justice (before April 15 for six-month reports and before October 15 for annual reports).

2. District People's Committees shall aggregate 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 (before April 10 for six-month reports and before October 10 for annual reports) for aggregation and submission to the Ministry of Justice.

4. The Ministry of Finance shall compile and aggregate data on the allocation of funds for compensation payments and submit them to the Ministry of Justice for aggregation and submission to the Government (before April 15 for six-month reports and before October 15 for annual reports)."

Article 2. Effective Date

1. This Circular takes effect from November 12, 2015.

2. Repeal Article 29, the report templates, and Appendices accompanying Circular No. 03/2013/TT-BTP dated January 31, 2013, of the Ministry of Justice guiding the management of state compensation work in administrative management activities, and the contents and statistical forms on compensation work in Circular No. 20/2013/TT-BTP dated December 3, 2013, of the Ministry of Justice guiding certain aspects of statistical activities in the Justice Sector.

Article 3. Responsibility for Implementation and Organization of Execution

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

2. During the implementation process, if there are difficulties or obstacles, individuals and organizations are advised to reflect these issues to the Ministry of Justice for research and resolution./.