Directive No. 1565/CT-TTg on Implementing the Law on State Liability for Compensation

DIRECTIVE

ON THE IMPLEMENTATION OF THE LAW ON STATE RESPONSIBILITY FOR COMPENSATION

The Law on State Responsibility for Compensation was passed by the National Assembly on June 18, 2009, and took effect from January 1, 2010. This is a new and important law, serving as a legal basis for organizations and individuals to exercise their right to compensation when they suffer losses due to unlawful acts of state officials while performing their duties. The Law provides comprehensive and specific regulations on the scope of state responsibility for compensation across administrative management, litigation, and enforcement fields; the responsibilities of state agencies at all levels in handling compensation claims; mechanisms for resolving compensation claims at the request of the aggrieved party; and the responsibility of public servants to repay losses caused by their actions. The implementation of this Law will have significant impacts on the activities of state agencies at all levels and on protecting the rights and legitimate interests of organizations and individuals.

To ensure effective implementation of the Law on State Responsibility for Compensation, it is necessary that civil servants and state agencies at central and local levels fully and consistently understand the significance and content of the Law and its implementing guidelines; civil servants must clearly recognize their duty responsibilities, while individuals, organizations, and enterprises need to fully understand their right to state compensation and the procedures for resolving compensation claims to exercise their right to compensation.

To effectively implement the Law on State Responsibility for Compensation, the Prime Minister issues the following directive:

1. Ministers, Heads of ministerial-level agencies, Chairpersons of provincial People's Committees under the Central Government shall be responsible for:

a. Organizing the dissemination and popularization of the Law on State Responsibility for Compensation to all organizations and individuals within their ministries, sectors, and regions. For civil servants, it is necessary to combine the promotion of the spirit and content of the Law on State Responsibility for Compensation with enhancing their sense of duty and responsibility, especially strictly adhering to legal provisions regarding the responsibilities of civil servants, and fully understanding the acts and administrative decisions directly stipulated in the Law on State Responsibility for Compensation which may lead to state liability for compensation;

b. Directing the assignment of monitoring and responsibility for handling compensation claims within the scope of cases eligible for compensation according to the Law on State Responsibility for Compensation to ensure timely resolution of compensation claims at the request of the aggrieved party;

c. Determining the need for funds for compensation work and preparing a budget estimate for this work to ensure funding for compensation payments from the date this Law takes effect;

d. Leading and coordinating with the Ministry of Justice to organize training and instruction on skills and procedures for handling compensation claims for civil servants assigned to handle such claims;

đ. Coordinating with the Ministry of Justice in managing state affairs related to compensation work within their ministries, sectors, and regions;

2. The Minister of Justice shall be responsible for:

a. Submitting to the Government for promulgation of a Decree detailing and guiding the implementation of certain articles of the Law on State Responsibility for Compensation, ensuring that the Decree takes effect simultaneously with the Law;

b. Leading or coordinating with other Ministries, ministerial-level agencies, and relevant agencies to issue guidelines on handling compensation in administrative management and civil enforcement activities (by November 2009);

c. Coordinating with the Supreme People's Court, the Supreme People's Procuracy, the Ministry of Public Security, the Ministry of Defense, and relevant agencies to issue guidelines on handling compensation in criminal enforcement activities (by November 2009);

d. Coordinating with the Supreme People's Court, the Supreme People's Procuracy, the Ministry of Public Security, the Ministry of Defense, and relevant agencies to issue guidelines on handling compensation in litigation activities (by November 2009);

đ. Leading and coordinating with the Ministry of Information and Communications to organize the dissemination and popularization of the Law on State Responsibility for Compensation (in the fourth quarter of 2009);

e. Compiling materials and developing programs for legal training and skill instruction on handling compensation, and coordinating with other Ministries, ministerial-level agencies, and provincial People's Committees to organize legal training and skill instruction on handling compensation (in the fourth quarter of 2009, the first and second quarters of 2010);

g. Implementing state management tasks related to compensation work as prescribed by law; supervising, urging, and providing procedural guidance to other Ministries, ministerial-level agencies, and provincial People's Committees to ensure smooth and effective implementation of the Law on State Responsibility for Compensation;

h. Coordinating with the Supreme People's Court and the Supreme People's Procuracy to develop inter-ministerial plans to assist the Government in managing compensation work in litigation activities (by October 2009).

3. The Minister of Finance shall be responsible for:

a. Issuing a Circular guiding the management, use, and settlement of state budget funds for compensation (by November 2009);

b. Allocating funds to ensure the implementation of the Law on State Responsibility for Compensation as required by this Directive.

4. The Minister of Home Affairs shall be responsible for:

a. Issuing guidelines on dealing with the responsibility of civil servants who commit unlawful acts causing damage while performing their duties;

b. Studying and proposing measures to enhance the sense of duty among civil servants to reduce unlawful acts causing damage to organizations and individuals within the scope of state responsibility for compensation.

5. The Minister of Public Security shall be responsible for:

a. Coordinate with the Supreme People's Court, the Supreme People's Procuracy, the Ministry of Justice, the Ministry of National Defense, and related agencies to issue guiding documents on compensation resolution in criminal proceedings activities;

b. Take the lead and coordinate with the Ministry of Justice, the Ministry of National Defense, the Supreme People's Court, the Supreme People's Procuracy, and related agencies to issue guiding documents on compensation resolution in criminal enforcement activities;

6. The Minister of National Defense shall be responsible for:

a. Coordinate with the Supreme People's Court, the Supreme People's Procuracy, the Ministry of Justice, the Ministry of Public Security, and related agencies to issue guiding documents on compensation resolution in criminal proceedings activities;

b. Coordinate with the Ministry of Justice, the Ministry of Public Security, the Supreme People's Court, the Supreme People's Procuracy, and related agencies to issue guiding documents on compensation resolution in criminal enforcement activities;

c. Coordinate with the Ministry of Justice, the Supreme People's Court, and the Supreme People's Procuracy to issue guiding documents on compensation resolution in civil enforcement activities;

7. The Minister of Information and Communications shall be responsible for:

Directing news agencies and press organizations to carry out reporting, propaganda, and dissemination of the State Compensation Law and guiding documents implementing this Law;

8. Ministers, Heads of ministerial-level agencies, Chairpersons of provincial People's Committees, and Heads of related agencies shall be responsible for implementing the Directive. The Ministry of Justice shall take the lead and coordinate with the Government Office, the Ministry of Finance, the Ministry of Home Affairs, the Ministry of National Defense, and the Ministry of Public Security to monitor, urge, and inspect the implementation of this Directive.