Decree No. 16/2006/NĐ-CP on restoring reputation, compensation, and allowances for agencies, organizations, and individuals suffering losses from participating in national security protection.

 

DECREE

Regulations on restoring reputation, compensating, and providing allowances to agencies, organizations, and individuals who suffer losses from participating in national security protection

person suffering damage due to participating in national security protection

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THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the National Security Law dated December 3, 2004;

At the proposal of the Minister of Public Security and the Minister of National Defense.

DECREE

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the restoration of reputation for agencies, organizations, and individuals whose reputation has been harmed; compensation for losses of property for agencies, organizations, and individuals whose property has been damaged; allowance systems for individuals who have been injured, suffered harm to their health, or suffered loss of life due to participation in national security protection.

Foreign individuals, foreign agencies, organizations, and international organizations that have suffered damage to their reputation or property losses; foreigners who have been injured, suffered harm to their health, or suffered loss of life due to participation in national security protection on the territory of the Socialist Republic of Vietnam shall be entitled to have their reputation restored, compensated for losses, and provided with allowances according to the provisions of this Decree.

In cases where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions, such treaties shall apply.

Article 2. Interpretation of Terms

In this Decree, the following terms are understood as follows:

1. Participation in national security protection refers to the activities of agencies, organizations, and individuals in preventive work, detection, prevention, and struggle against acts infringing upon national security under the management, guidance, and supervision of specialized agencies responsible for national security protection or individuals who voluntarily participate.

2. Harm to reputation means being reduced or losing the respect and positive evaluation of society towards agencies, organizations, and individuals.

3. Material compensation means compensation in the form of money or goods.

4. Material allowance means allowance in the form of money or goods.

Article 3. Restoration of Reputation, Compensation, and Allowance

1. The restoration of reputation for agencies, organizations, and individuals whose reputation has been harmed (hereinafter referred to collectively as the subject suffering harm to reputation) due to participation in national security protection shall be carried out by competent state authorities through public correction announcements or apologies on mass media or direct correction announcements or apologies to the subject suffering harm to reputation when confidentiality must be maintained for agencies, organizations, or individuals.

2. Compensation for losses shall be carried out by competent state authorities for agencies, organizations, and individuals whose property has been damaged (hereinafter referred to collectively as the subject suffering property damage) due to participation in national security protection but not directly caused by persons committing crimes against national security; in cases where property damage is caused by persons committing crimes against national security, it shall be resolved according to the provisions of the Criminal Code and the Criminal Procedure Code.

3. The allowance system for damage shall be implemented by competent state authorities to provide allowances to individuals who have been injured or suffered harm to their health (hereinafter referred to collectively as the subject suffering health damage) or suffered loss of life due to participation in national security protection.

Article 4. Rights of Agencies, Organizations, and Individuals Suffering Losses

1. Agencies, organizations, and individuals suffering losses due to participation in national security protection or through their lawful representatives have the right to request competent state authorities to restore their reputation, compensate for property losses, and implement allowance systems for individuals suffering loss of life and health.

2. Individuals participating in national security protection who have outstanding achievements and suffer loss of life or health shall themselves or their families enjoy preferential treatment for those who have made contributions and be awarded according to the provisions of the law.

Article 5. Responsibility for considering and resolving matters related to restoring reputation, compensation, and assistance

1. The competent state agency shall be responsible for promptly considering and deciding on the restoration of reputation, compensation for damages, and assistance for individuals who have suffered losses due to participating in national security protection, in accordance with this Decree and other relevant laws.

2. National security protection agencies must proactively review and compile statistics on cases requiring the restoration of reputation, compensation for property damage, and assistance needed for consideration and implementation of decisions on restoration of reputation, compensation, and assistance within their authority or propose to higher authorities for consideration and decision.

3. The restoration of reputation, compensation for damages, and provision of assistance must be decided in writing by the competent authority. Cases involving compensation for damages or assistance (in cash or in kind) of 10,000,000 (ten million) VND or more must establish an Advisory Board to consider and decide.

Chapter II
RESTORATION OF REPUTATION

Article 6. Forms of restoring reputation

1. Restoration of reputation shall be carried out for individuals whose reputation has been harmed.

2. Public correction and apology shall be conducted through announcements in central or local mass media in two consecutive issues of newspapers or broadcasts.

3. Secret correction and apology shall be notified to the individual whose reputation has been harmed, the head of the relevant agency, organization, or local government, and directly to the authorized leader of the agency, organization, or individual whose reputation is being restored.

Article 7. Authority to decide and procedures for resolving restoration of reputation

1. National security protection agencies at all levels shall be responsible for considering and deciding on the restoration of reputation for individuals whose reputation has been harmed under their management. In cases where the individual whose reputation has been harmed is not managed by a national security protection agency, they shall consider and propose to the competent authority for consideration and decision.

3. Individuals whose reputation has been harmed have the right to directly request or submit a petition to the relevant national security protection agency where they reside, requesting the restoration of reputation. The request should clearly state the content of the incident, accompanied by documents, materials, and evidence (if available) as a basis for consideration and resolution. If additional materials are required as a basis for considering and deciding on the restoration of reputation, the agency receiving the petition must guide the individual whose reputation has been harmed to collect, provide, and supplement the materials or collect and supplement them themselves.

4. Upon receipt of a request or petition from an individual whose reputation has been harmed due to participation in national security protection, within the latest period of 15 days, the national security protection agency receiving the request or petition must take responsibility for handling according to the following cases:

a) Decide on the restoration of reputation for the individual whose reputation has been harmed under its management;

b) Transfer the request or petition and related documents (if any) to the national security protection agency managing the individual whose reputation has been harmed for consideration and decision on the restoration of reputation;

5. The national security protection agency receiving the request or petition shall be responsible for informing the individual who submitted the request or petition about the processing according to points a, b, and c of Clause 4 of this Article. If it is determined that there is insufficient basis to proceed with the restoration of reputation for the individual who has suffered harm to their reputation, a written notification explaining the reasons must be provided to that individual.

Chapter III
COMPENSATION FOR PROPERTY DAMAGE

Article 8. Compensation for property damage

1. Compensation for property damage includes:

a) Lost property;

b) Property that has been destroyed or damaged beyond repair;

c) Reasonable costs to prevent, limit, and remedy the damage.

2. The value of the damaged property shall be determined based on the market price of the property at the location where the damage occurred, minus the depreciation of the property.

3. If the damaged property can be restored to its original condition, it shall be restored; if not, compensation shall be provided.

Article 9. Procedures for settling compensation for property damage

1. National security protection agencies at all levels are responsible for examining and deciding on compensation for property damage caused to the affected parties by their own agencies. In cases where the incident is discovered by other agencies or organizations, those agencies or organizations are responsible for transferring relevant documents concerning the event causing property damage to the competent national security protection agency for examination and decision-making on compensation.

3. The affected party has the right to directly request or submit a petition to the relevant national security protection agency requesting compensation for damage. The request must clearly state the content of the incident causing damage, the damaged properties, the value of the damage, and the compensation amount, accompanied by documents and evidence proving the value of the property, the value of the damaged property, and other related documents (if any) as a basis for the responsible agency to examine and decide on compensation. In cases requiring additional documents as a basis for examination and resolution of compensation, the agency receiving the petition must guide the damaged party to collect, provide, and supplement the documents or collect and supplement them itself.

4. Upon receipt of a request or petition from the affected party due to participation in national security protection, within the latest period of 15 days, the national security protection agency receiving the request or petition shall be responsible for handling according to the following cases:

a) Examining and deciding or proposing the competent authority to decide on compensation for property damage to the affected party managed by their own agency;

b) Transferring the request or petition and related documents (if any) to the national security protection agency managing the affected party for examination and decision on compensation;

The national security protection agency is responsible for informing the party who submitted the request for compensation about the processing according to points a, b, and c of Clause 4 of this Article. If it is found that there is insufficient basis to proceed with compensation for the affected party, a written notification explaining the reasons must be issued to that affected party.

6. In cases of compensation for damage exceeding VND 10,000,000 (ten million dong), the head of the agency responsible for compensation shall decide to establish an Advisory Board to examine the matter. The Advisory Board consists of: the head of the agency responsible for compensation as Chairman of the Board, representatives of local authorities or national security protection agencies, representatives of financial agencies, and related scientific and technical agencies.

The affected party or their lawful representative may be invited to attend the Advisory Board meeting to express opinions; these opinions are recorded in the minutes.

The Advisory Board is tasked with examining, inspecting, evaluating the damage, recommending the compensation amount, and concluding by majority vote; the minutes of the Advisory Board meeting serve as a document for the head of the agency responsible for compensation to decide on the compensation amount according to the provisions of Clauses 4 and 5 of Article 10 of this Decree.

Article 10. Authority to Decide Compensation for Property Damage

a) Head of the Provincial Public Security Service's Business Security Department, Deputy Head of the Provincial Public Security Service's Business Security Department;

b) Head of the County Public Security Service, Deputy Head of the County Public Security Service responsible for security;

c) Commander-in-Chief, Deputy Commander-in-Chief of the Border Guard Corps of the province, centrally governed city; Head of the Military Security Protection Department, Deputy Head of the Military Security Protection Department under the general departments, military regions, corps, services, arms in the People's Army.

2. The following persons have the authority to decide compensation for property damage with a value up to under 10,000,000 (ten million) Vietnamese dong for the object suffering property damage managed by their own agency:

a) Director General, Deputy Director General of the National Security General Department; Director General, Deputy Director General of the Intelligence General Department; Commander, Deputy Commander of the Security Command - Ministry of Public Security;

b) Director General, Deputy Director General of the Intelligence General Department; Commander, Deputy Commander of the Border Guard Command - Ministry of National Defense;

c) Director, Deputy Director of the Business Department under the National Security General Department, Intelligence General Department - Ministry of Public Security;

d) Director of the Provincial Public Security Service, Deputy Director of the Provincial Public Security Service responsible for security;

đ) Director, Deputy Director of the Business Department under the Intelligence General Department - Ministry of National Defense;

e) Director, Deputy Director of the Coast Guard Department; Director, Deputy Director of the Military Security Protection Department under the Political Bureau; Director, Deputy Director of the Reconnaissance Department of the Border Guard Command - Ministry of National Defense.

4. Minister of Public Security, Minister of National Defense decides compensation for property damage with a value from 10,000,000 (ten million) Vietnamese dong upwards for objects suffering property damage managed by specialized agencies responsible for national security protection.

Chapter IV
ASSISTANCE REGIME FOR PERSONS INJURED IN TERMS OF LIFE AND HEALTH

Article 11. Assistance for Persons Injured in Terms of Health

Assistance for persons injured in terms of health includes:

1. Reasonable costs for medical treatment, rehabilitation, recovery of health, and restoration of lost or diminished functions of the person injured.

2. In cases where the actual income of the person injured due to injury, loss, or diminution of health is unstable and cannot be determined, the minimum wage set by the State shall be applied for assistance.

Article 12. Authority to Decide on Compensation for Persons Suffering Health Damage

1. The specialized agency responsible for national security protection shall be responsible for examining and deciding on compensation for persons suffering health damage under its management. In cases where incidents are discovered by other agencies or organizations, those agencies or organizations shall be responsible for transferring relevant documents related to the incident causing damage to the specialized agency responsible for national security protection for examination and decision-making on compensation.

3. Persons suffering health damage shall be examined and decided on one-time monetary compensation by the authority prescribed in Article 10 of this Decree; the amount of compensation includes costs as stipulated in Article 11 of this Decree, but shall not exceed VND 50,000,000 (fifty million dong) per case.

Article 13. One-Time Compensation for Cases of Loss of Life

One-time compensation for cases of loss of life includes:

1. Reasonable expenses for medical treatment, rehabilitation, and care for the person suffering life damage before death.

2. Reasonable expenses for funeral services.

3. Compensation for the family or the lawful representative of the person suffering life damage.

Article 14. Authority to Decide on Compensation for Cases of Loss of Life

Article 15. Procedures for Processing Compensation for Persons Suffering Health Damage and Persons Suffering Loss of Life

1. Persons suffering health damage, families of persons suffering loss of life due to participating in national security protection, or their lawful representatives have the right to directly request or submit a petition to the specialized agency responsible for national security protection where they reside, requesting compensation. The petition must clearly state the content of the incident causing damage, injuries, health damage, and loss of life, accompanied by documents, receipts, and certificates confirming the costs, death certificates in cases of death, and other related documents as a basis for the responsible agency to examine and decide on compensation. If additional materials are needed as a basis for examination and processing of compensation, the agency receiving the petition must guide the person suffering damage to collect and provide supplementary materials, or collect and supplement them themselves.

2. Upon receiving direct requests or petitions for compensation from persons suffering health damage, families of persons suffering loss of life due to participating in national security protection, or their lawful representatives, within the latest period of 15 days, the specialized agency responsible for national security protection receiving the request or petition shall be responsible for handling according to the following cases:

a) Examining, deciding, or proposing higher authorities with the appropriate authority to examine and decide on compensation for persons suffering health damage under its direct management;

b) Transferring the request or petition and related documents (if any) to the specialized agency responsible for national security protection managing the person suffering health damage for examination and decision on compensation;

đ) The specialized agency responsible for national security protection receiving the petition has the responsibility to notify the person submitting the petition about the handling process as stipulated in point a, b, c, d of Clause 2 of this Article. If it is determined that there is insufficient basis to proceed with compensation for the person suffering damage, a written notification explaining the reasons must be provided to the person suffering damage.

Persons suffering health damage, families of persons suffering loss of life, and their lawful representatives may be invited to attend meetings of the Advisory Board to express opinions; these opinions shall be recorded in the minutes.

The Advisory Board shall be responsible for assessing the degree of health damage and loss of life. Such assessment shall be based on forensic medical conclusions, forensic psychiatric conclusions, injury assessment conclusions, other relevant documents and materials, and the standards set by authorized agencies to assess damages and recommend compensation levels. The Advisory Board shall discuss and conclude by majority vote; the minutes of the Advisory Board meeting shall serve as the basis for the head of the authorized agency to decide on the compensation level in accordance with Clause 4 and Clause 5, Article 10 or Clause 2, Article 14 of this Decree.

Chapter V
IMPLEMENTING PROVISIONS

Article 16. Funding for Compensation and Assistance

1. The funding for compensation and assistance shall be guaranteed by the state budget.

2. The Ministry of Finance shall take the lead and coordinate with the Ministry of Public Security, the Ministry of National Defense, and related agencies to guide the implementation of the provisions of Clause 1 of this Article.

Article 17. Handling Complaints and Allegations

The handling of complaints and allegations regarding violations of the provisions of this Decree and other related laws shall be carried out in accordance with the laws on complaints and allegations.

Article 18. Effective Date

This Decree shall take effect fifteen days after its publication in the Official Gazette.

The Ministry of Public Security, the Ministry of National Defense, and the Ministry of Labor, Invalids, and Social Affairs shall be responsible for guiding, inspecting, and urging the enforcement of this Decree.

The Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, and Chairmen of provincial people's committees directly under the central government shall be responsible for implementing this Decree./.