Decree No. 16/2010/ND-CP detailing and guiding the implementation of certain provisions of the Law on State Compensation Liability

DECREE

Regulations detailing and guiding the implementation of certain provisions of

Law on State Liability for Compensation

_________________

THE GOVERNMENT

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

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

Considering the proposal of the Minister of Justice.

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides detailed regulations and guidance on implementing certain provisions of the Law on State Liability for Compensation regarding compensation resolution at responsible agencies and the liability for reimbursement of public officials in administrative management, litigation, and enforcement activities; state management of compensation work in administrative management and enforcement activities.

Article 2. Determination of State Compensation Liability

1. The State shall only compensate for damages specified within the scope of the Law on State Liability for Compensation when there are sufficient grounds as stipulated in Clause 1 and Clause 2, Article 6 of the Law on State Liability for Compensation.

2. The State shall not compensate for damages occurring due to force majeure or emergency situations in the following cases:

a) Damage occurs objectively, cannot be foreseen, and cannot be prevented even though the public official has applied all necessary measures and possibilities allowed;

b) Damage occurs under conditions where the public official must avoid an actual threat directly endangering the interests of the State, collective, lawful rights and interests of themselves or others, and there is no other way but to take action causing lesser damage than that which needs to be prevented;

c) Damage occurs due to other force majeure or emergency situations as prescribed by law.

Chapter II

RESOLUTION OF COMPENSATION AT RESPONSIBLE AGENCIES

Article 3. Responsible Agencies for Compensation in Administrative Management Activities

The responsible agency for compensation in administrative management activities as stipulated in Clause 1, Article 14 of the Law on State Liability for Compensation is determined as follows:

1. In the case where the public official causing damage is an officer or civil servant of a Ministry, ministry-level agency, or government agency, the responsible agency for compensation is the Ministry, ministry-level agency, or government agency, except in the cases provided for in Clause 2 of this Article.

2. In the case where the public official causing damage is a civil servant of a General Department, Department, or other units with legal personality and separate accounts under a Ministry, ministry-level agency, or government agency, these agencies are responsible for compensation.

3. In the case where the public official causing damage is a member of the People's Committee of a province, the People's Committee of the province is the responsible agency for compensation, except in the cases provided for in Clause 4 of this Article.

4. In the case where the public official causing damage is from specialized agencies under the People's Committee of a province as prescribed in Decree No. 13/2008/NĐ-CP dated February 4, 2008 of the Government on the organization of specialized agencies under provincial People's Committees and other agencies directly managed by the People's Committee of a province, these agencies are responsible for compensation.

5. In the case where the public official causing damage is a member of the People's Committee of a district or a public official managed directly by specialized agencies under the People's Committee of a district, the responsible agency for compensation is the People's Committee of the district.

6. In the case where the public official causing damage is a member of the People's Committee of a commune or a commune-level officer or civil servant, the People's Committee of the commune is the responsible agency for compensation.

7. Other state agencies as decided by the competent state management agency on compensation work according to this Decree.

Article 4. Agencies responsible for compensation in civil enforcement activities

The agencies responsible for compensation in civil enforcement activities as stipulated in Clause 2 of Article 40 of the Law on State Compensation Liability shall be determined as follows:

1. In cases where damage is caused by a public servant who is an employee of the Civil Enforcement General Department, the agency responsible for compensation is the Civil Enforcement General Department.

2. In cases where damage is caused by a public servant who is an employee of the Provincial Civil Enforcement Department or the Civil Enforcement Department of the Ministry of National Defense, the agency responsible for compensation is the Provincial Civil Enforcement Department or the Civil Enforcement Department of the Ministry of National Defense.

3. In cases where damage is caused by a public servant who is an employee of the County Civil Enforcement Branch or the Military Zone Enforcement Office, the agency responsible for compensation is the County Civil Enforcement Branch or the Military Zone Enforcement Office.

Article 5. Determination of the agency responsible for compensation

1. Determination of the agency responsible for compensation in administrative management and enforcement activities.

The determination of the agency responsible for compensation in administrative management and enforcement activities is carried out according to the provisions of Article 14 and Article 40 of the Law on State Compensation Liability and Articles 3 and 4 of this Decree.

In cases where the person suffering damage cannot identify the agency responsible for compensation or there is no agreement on the agency responsible for compensation, the person suffering damage has the right to request the competent state management agency on compensation under Chapter IV of this Decree to determine the agency responsible for compensation through the following procedures:

a) In cases where the person suffering damage cannot identify the agency responsible for compensation, within five working days from the date of receipt of the written request of the person suffering damage, the state management agency on compensation must issue a document determining the agency responsible for compensation;

b) In cases where there is no agreement on the agency responsible for compensation, the deadline for issuing a document determining the agency responsible for compensation may be extended but not exceeding fifteen days from the date of receipt of the written request of the person suffering damage. The determination of the agency responsible for compensation in cases where there is no agreement on the agency responsible for compensation shall be conducted as follows:

- At the request of the person suffering damage, the state management agency on compensation shall take the lead and coordinate with relevant agencies causing damage to determine the agency responsible for compensation;

- In cases where there is no agreement on the determination of the agency responsible for compensation, the state management agency on compensation shall decide that one of the relevant agencies is the agency responsible for compensation.

c) The document determining the agency responsible for compensation must be immediately sent to the person suffering damage and the agency responsible for compensation for implementation.

2. Determination of the agency responsible for compensation in litigation activities

a) The determination of the agency responsible for compensation in litigation activities is carried out according to the provisions of Articles 29, 30, 31, 32, and 33 of the Law on State Compensation Liability.

b) In cases where the person suffering damage cannot identify the agency responsible for compensation or there is no agreement on the agency responsible for compensation, the person suffering damage has the right to request the competent authority to determine the agency responsible for compensation according to the guidelines of the Supreme People's Court, the Supreme People's Procuracy, the Ministry of Public Security, the Ministry of National Defense, and the Ministry of Justice.

Article 6. Duties and Authorities of the Head of the Agency Responsible for Compensation during the Process of Handling Compensation

The head of the agency responsible for compensation shall be liable under the law for the handling of compensation and shall have the following duties and authorities:

1. Organize the handling of compensation according to the procedures stipulated in Article 9 of this Decree;

2. Appoint a representative to carry out the handling of compensation;

3. Guide and direct the representative to handle compensation in accordance with the relevant legal provisions;

4. Report on the handling of compensation as prescribed in Article 12 of this Decree;

5. Provide related decisions concerning the handling of compensation to the public servant who caused the damage;

6. Performs other tasks and exercises other powers as prescribed by law.

Article 7. Appointment of a Representative to Carry Out the Handling of Compensation

1. Immediately upon accepting the claim for compensation, the head of the agency responsible for compensation must issue a decision appointing a representative to carry out the handling of compensation (hereinafter referred to collectively as the representative).

In cases where the head of the agency is the public servant who caused the damage or is the spouse (or husband), paternal grandfather, paternal grandmother, maternal grandfather, maternal grandmother, biological father, adopted father, biological mother, adopted mother (of either the wife's or husband's side), biological child, adopted child, brother, sister, or half-sibling (of either the wife's or husband's side), grandchild, or great-grandchild of the public servant who caused the damage or of the person who suffered the damage (collectively referred to as the related party), the leadership collective of the agency must discuss and agree to appoint a leading representative of the agency to be responsible for the handling of compensation.

In cases where the agency responsible for compensation operates under a collective system, the agency collective decides on the appointment of the representative.

2. The representative must meet the following conditions:

a) Being a department-level leader or equivalent;

b) Having experience working in the field or sector where the liability for compensation arose;

c) Is not a related party of the public servant who caused the damage or of the person suffering damage.

Article 8. Duties and Authorities of the Representative    

The representative shall be accountable to the head of the agency responsible for compensation regarding the handling of compensation and shall have the following duties and authorities:

1. Organize the verification of damage according to the provisions of Article 18 of the Law on State Liability for Compensation;

2. Conduct negotiations with the person suffering damage regarding the handling of compensation according to the provisions of Article 19 of the Law on State Liability for Compensation;

3. Report to the head of the agency on the results of verifying damage and negotiating;

4. Prepare a draft decision on the handling of compensation;

5. Perform other tasks related to the handling of compensation as assigned by the head of the agency.

Article 9. Procedures for Handling Compensation at the Agency Responsible for Compensation

1. Within five working days from the date of accepting the claim for compensation, the agency responsible for compensation must conduct the verification of damage to serve as the basis for determining the amount of compensation according to the provisions of Article 18 of the Law on State Liability for Compensation.

2. Within three working days from the end of the verification of damage, the agency responsible for compensation must conduct negotiations with the person suffering damage according to the provisions of Article 19 of the Law on State Liability for Compensation.

3. Within three working days from the end of the negotiations, the agency responsible for compensation must complete the draft decision on the handling of compensation. If necessary, the agency responsible for compensation may submit the draft decision on the handling of compensation to seek opinions from related agencies.

4. Based on the results of verifying damage, negotiating with the person suffering damage, and the opinions of related agencies (if any), the agency responsible for compensation shall issue a decision on the handling of compensation according to the provisions of Article 20 of the Law on State Liability for Compensation and shall be liable under the law for its decision.

5. When the decision on the handling of compensation becomes effective, the agency responsible for compensation must implement the procedures for issuing and disbursing compensation money according to the provisions of Article 54 of the Law on State Liability for Compensation.

Article 10. Implementation of transferring compensation resolution to the person suffering damage

1. The transfer of the compensation resolution to the person suffering damage shall be carried out by one of the following persons:

a) A representative of the responsible compensation agency;

b) A representative of the People's Committee of the commune where the individual suffering damage resides or the organization suffering damage has its headquarters, in cases where the compensation resolution is transferred through the People's Committee of the commune;

c) Other persons as prescribed by law.

2. Procedures for transferring the compensation resolution

a) The person carrying out the transfer must directly hand over the compensation resolution to the person suffering damage. The person suffering damage must sign on the record or book of receipt of the compensation resolution. The date of signature by the person suffering damage is considered the date of receipt of the compensation resolution.

b) In cases where the person suffering damage is absent, the compensation resolution may be handed over to a relative with full civil capacity residing with them. The relative of the person suffering damage must sign on the record or book of receipt of the compensation resolution. The date of signature by the relative residing together is considered the date the person suffering damage received the compensation resolution.

In cases where the person suffering damage does not have a relative with full civil capacity residing with them or they refuse to accept the compensation resolution on their behalf, the compensation resolution may be transferred through the People's Committee of the commune where the person suffering damage resides.

In cases where the compensation resolution is transferred through another person, the person carrying out the transfer must prepare a record detailing the absence of the person suffering damage, who the compensation resolution was handed over to; the reason; the date and time of handover; the relationship between the proxy and the person suffering damage; the commitment to immediately hand over the compensation resolution directly to the person suffering damage. The record must have the signatures of the person receiving the transfer of the compensation resolution and the person carrying out the transfer of the compensation resolution, and the witness.

3. In cases where the person suffering damage is absent and the return time or address is unknown, the person carrying out the transfer of the compensation resolution must prepare a record about the inability to carry out the transfer. The record must have the signature of the person providing information about the person suffering damage.

4. In cases where the person suffering damage refuses to accept the compensation resolution, the person carrying out the transfer must prepare a record detailing the reason for the refusal, confirmed by the head of the residential group or the People's Committee, police station of the commune, ward, town regarding the refusal to accept the compensation resolution.

Article 11. Procedures for returning property

During the process of compensation, if there is a basis for returning property according to Article 50 of the Law on State Compensation Liability, the agency responsible for compensation shall organize the return of property according to the following procedures:

1. Within five working days from the date the decision to seize, detain, attach, confiscate is revoked, the agency issuing such decisions shall notify the person suffering damage about the return of the property. The notification must clearly state the location and time of the return of the property.

2. The return of property shall be conducted at the office of the agency issuing the decision to seize, detain, attach, confiscate the property or at the place where the property is being stored.

All costs for transportation, assembly, restoration of the original condition of the property shall be borne by the agency issuing the decision to seize, detain, attach, confiscate the property.

When returning property, the civil servant assigned to carry out the return of property shall require the person suffering damage or the person authorized by the person suffering damage to present documents proving that they are the owner of the seized, detained, attached, confiscated property or the person authorized by the owner.

The civil servant assigned to carry out the return of property shall require the recipient to check the quantity, volume, and other characteristics of the property under the supervision of the warehouse custodian where the property is stored.

The return of property must be recorded in a record signed by the person receiving the property, the representative of the agency issuing the decision to seize, detain, attach, confiscate the property, the civil servant assigned to carry out the return of property, and the warehouse custodian where the property is stored.

Article 12. Responsibility to report on compensation resolution

1. During the process of implementing compensation resolution, the agency responsible for compensation in administrative management and enforcement activities must report to the higher state authority on the following contents:

a) Accepting claims for compensation;

b) Issuing decisions on compensation resolution;

c) The person suffering damage initiating a lawsuit requesting the court to resolve compensation;

d) Implementing procedures for payment of compensation money.

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

2. In cases where the agency responsible for compensation is a Ministry, an agency equivalent to a Ministry, a government agency, or a provincial People's Committee, reports on compensation resolution under Clause 1 of this Article shall be submitted to the Ministry of Justice.

3. The agency responsible for compensation in litigation activities must report to the competent state authority on the resolution of compensation according to the guidance of the Supreme People's Court, the Supreme People's Procuracy, the Ministry of Public Security, the Ministry of National Defense, and the Ministry of Justice.

4. In addition to the tasks stipulated in Clauses 1, 2, and 3 of this Article, upon request from the competent state management agency for compensation work, the agency responsible for compensation must promptly report on the resolution of compensation to serve state management of compensation.

Chapter III

RESPONSIBILITY TO REIMBURSE OF PUBLIC SERVANTS

Article 13. Establishment of the Council for Reviewing Reimbursement Liability

1. Immediately after completing the payment of compensation money, the head of the agency responsible for compensation must issue a decision to establish the Council for Reviewing Reimbursement Liability (hereinafter referred to as the Council) in accordance with Clause 1 of Article 58 of the Law on State Compensation Liability.

2. Composition of the Council includes:

a) The Chairman of the Council is the leader of the agency responsible for compensation;

b) A representative of the trade union organization of the agency responsible for compensation;

c) The head of the unit directly managing the public servant who caused the damage;

d) The person in charge of financial-accounting work of the agency responsible for compensation;

đ) Some experts in economics, engineering, and related legal fields.

In cases where multiple public servants from different agencies jointly cause damage, representatives of the leaders of these agencies must participate in the Council.

Members of the Council shall not be related parties of the public servant who caused the damage or of the person suffering damage as stipulated in Clause 1 of Article 7 of this Decree.

Article 14. Tasks and powers of the Council

The Council has the following tasks and powers:

1. Examining and evaluating the extent of damage; the degree of fault of the public servant who caused the damage;

2. Determining the economic conditions of the public servant who caused the damage;

3. Advising the head of the agency responsible for compensation on the amount of reimbursement and the method of reimbursement;

4. The Council will dissolve itself after completing its tasks.

Article 15. Working Method of the Council

1. The Council will convene when at least two-thirds of the total number of Council members are present.

2. The Council operates based on the principle of collective discussion and majority decision-making. During discussions and decision-making, Council members must be objective, democratic, and comply with legal regulations.

3. Proposals regarding the amount of reimbursement and the method of reimbursement are made through secret ballot and based on the majority principle among the attending Council members.

In case of equal votes, the amount of reimbursement and the method of reimbursement will be decided by the Chairman of the Council.

4. The minutes of the Council meeting must be reviewed, approved by the Council, and signed by the Chairman of the Council.

5. When necessary, the Council may invite the public servant who caused the damage to attend the Council meeting.

Article 16. Determination of the Amount to be Repaid

The determination of the amount to be repaid shall be carried out based on the grounds stipulated in Clause 1 of Article 57 of the Law on State Compensation Liability and according to the following principles:

1. In cases where a public servant causes damage due to intentional fault but does not reach the level of being criminally prosecuted, the compensation liability authority shall decide that they must repay a certain amount of money based on the extent of the damage caused and their economic conditions, but the maximum amount shall not exceed 36 months' salary at the time of the repayment decision.

In cases where a public servant causes damage due to intentional fault and is criminally prosecuted for committing illegal acts causing such damage, they must repay according to the provisions of Article 18 of this Decree.

2. In cases where a public servant causes damage due to unintentional fault, the compensation liability authority shall decide that they must repay a certain amount of money based on the extent of the damage caused and their economic conditions, but the maximum amount shall not exceed three months' salary at the time of the repayment decision, except for cases stipulated in Clause 2 of Article 56 of the Law on State Compensation Liability.

Article 17. Issuance of the Repayment Decision

1. Based on the recommendation of the Council, the person with the authority as prescribed in Article 59 of the Law on State Compensation Liability shall issue the repayment decision.

2. In cases where the person with the authority to issue the repayment decision has a different opinion from the recommendation of the Council, they have the right to make a decision and bear legal responsibility for that decision.

Article 18. Determination of Repayment Liability in Cases Where Public Servants Are Criminally Prosecuted

1. In cases where a public servant causes damage due to intentional fault and is criminally prosecuted for committing illegal acts causing such damage, they must repay the full amount of money that the state has compensated to the victim according to the criminal court's decision.

2. The compensation liability authority must request the court to determine the compensation and restitution liability of the defendant who is a public servant causing damage according to the provisions of Article 28 of the Criminal Procedure Code to repay the amount of money that the state has compensated to the victim.

Article 19. Collection, Payment, Management, and Use of Repayment Money

1. The person obligated to repay must fulfill the repayment within the deadline, amount, and method specified in the repayment decision.

2. In cases where the repayment liability is determined according to the provisions of Clause 1 of Article 18 of this Decree, civil enforcement procedures shall be applied to collect the repayment money.

3. The compensation liability authority must collect and pay the entire repayment amount into the state budget in full and on time.

Article 20. Handling of Public Servants Who Intentionally Fail to Fulfill Their Repayment Obligation

1. If a person obligated to repay has been notified three times by the compensation liability authority about the repayment obligation but intentionally fails to fulfill it, they shall be disciplined according to the law.

2. In cases where a person obligated to repay has transferred to another state agency, that state agency shall be responsible for urging the fulfillment of the repayment obligation and deciding on measures according to the provisions of Clause 1 of this Article.

3. In cases where a person obligated to repay is no longer working in state agencies, the compensation liability authority must take measures to recover the repayment amount according to the law.

Chapter IV

STATE MANAGEMENT OF COMPENSATION WORK

Article 21. Contents of state management on compensation work 

1. Issuing or submitting to competent state authorities for revision, supplementation, or issuance of normative legal documents on state liability for compensation within their authority.

2. Popularize and promote the Law on State Compensation Liability and guiding documents for implementation issued by competent state agencies.

3. Guide responsible agencies to carry out compensation resolution.

4. Train skills and expertise in compensation resolution for staff involved in compensation work.

5. Determine the responsible agency for compensation when the victim requests or there is no agreement among agencies regarding the responsible agency for compensation.

6. Monitor, inspect, and audit the resolution of compensation.

7. Monitor and urge the payment of compensation money and the fulfillment of repayment obligations.

8. Resolve complaints and denunciations and handle violations of state compensation liability laws.

9. Statistics, summarize, and evaluate the implementation of state compensation liability.

Article 22. Responsibilities of the Ministry of Justice

1. Assist the Government in uniformly managing state affairs concerning compensation in administrative management activities, enforcement proceedings, and has the following tasks and powers:

a) Issue or submit to the Government for revision, supplementation, or issuance of new normative legal documents on state compensation liability within its authority;

b) Guide the practice of compensation resolution;

c) Answer questions about the implementation of state compensation liability laws;

d) Determine the responsible agency for compensation when the victim requests or there is no agreement among Ministries, ministerial-level agencies, and provincial People's Committees regarding compensation responsibility according to the procedure stipulated in point b, Clause 1, Article 5 of this Decree;

đ) Monitor, inspect, audit, and handle violations of state compensation liability laws nationwide;

e) Timely identify weaknesses and limitations in working methods, competence, and experience of officials and civil servants through the performance of state management tasks on compensation, and propose measures to competent state authorities for improvement;

g) Annually and every six months, compile statistics, summarize, and evaluate compensation resolutions nationwide, report to the Government.

2. Coordinate with competent state agencies to manage state affairs concerning compensation in litigation activities and have the following tasks and powers:

a) Coordinate with the Supreme People's Court, the Supreme People's Procuracy, and related agencies to guide compensation resolution in litigation activities and state management of compensation in litigation activities;

b) Carry out state management tasks on compensation in litigation activities as prescribed by law;

c) Annually compile reports on compensation work in litigation activities, report to the Government and competent state agencies.

3. Within its functions, tasks, and powers, the Ministry of Justice manages state affairs concerning compensation as provided in Clauses 1, 2, 3, 4, 6, 7, and 8 of Article 21 and point a, Clause 1 of Article 23 of this Decree.

Article 23. Responsibilities of Ministries and ministerial-level agencies

1. Ministries and ministerial-level agencies within their functions, tasks, and powers, manage state affairs concerning compensation as provided in Clauses 1, 2, 3, 4, 6, 7, and 8 of Article 21 of this Decree and have the following tasks and powers:

a) Determine the responsible agency for compensation when the victim requests or there is no agreement among agencies under their management regarding compensation responsibility according to the procedure stipulated in point b, Clause 1, Article 5 of this Decree;

b) Coordinate with the Ministry of Justice to perform state management tasks on compensation;

c) Annually and every six months, compile statistics, summarize, and evaluate compensation implementation under their management, send to the Ministry of Justice for consolidation and reporting to the Government.

2. Legal departments under Ministries and ministerial-level agencies advise and assist Ministers and heads of ministerial-level agencies to perform state management tasks on compensation as provided in this Article.

Article 24. Responsibilities of the People's Committee at the provincial level

1. Provincial People's Committees manage state affairs concerning compensation at the local level and have the following tasks and powers:

a) Within their functions, tasks, and powers, manage state affairs concerning compensation as provided in Clauses 2, 3, 4, 6, 7, and 8 of Article 21 of this Decree;

b) Determine the responsible agency for compensation when the victim requests or there is no agreement among specialized agencies under the provincial People's Committee and district People's Committees under their management regarding compensation responsibility according to the procedure stipulated in point b, Clause 1, Article 5 of this Decree;

c) Coordinate with the Ministry of Justice to perform state management tasks on compensation;

d) Annually and every six months, compile statistics, summarize, and evaluate compensation implementation under their management, send to the Ministry of Justice for consolidation and reporting to the Government.

2. Departments of Justice advise and assist Provincial People's Committees to perform state management tasks on compensation within their localities as provided in this Article.

Article 25. Responsibilities of specialized agencies under the People's Committee at the provincial level

1. Supervise, urge, and inspect the settlement of compensation within their own responsibility.

2. Coordinate with the Department of Justice in advising and assisting the People's Committee at the provincial level to implement state management over compensation work at the local level.

3. Regularly, every six months and annually, compile, summarize, and evaluate the implementation of compensation within their own jurisdiction, submit to the Department of Justice for consolidation, and report to the People's Committee at the provincial level.

Article 26. Responsibilities of the People's Committee at the District Level

The People's Committee at the district level, within the scope of its functions, tasks, and authorities, shall implement state management over compensation work according to the provisions of Clauses 2, 3, 6, 7, and 8 of Article 21 of this Decree and shall have the following tasks and authorities:

1. Determine the agency responsible for compensation in cases where the person suffering damage requests or there is no agreement on the liability for compensation between units directly managed by the People's Committee at the district level and the People's Committee at the commune level under the procedures stipulated in Point b Clause 1 of Article 5 of this Decree;

2. Coordinate with the Department of Justice in implementing state management tasks over compensation work at the local level;

3. Regularly, every six months and annually, compile, summarize, and evaluate the implementation of compensation within their own jurisdiction, submit to the Department of Justice for consolidation, and report to the People's Committee at the provincial level.

Article 27. Financial Guarantee for State Management Work on Compensation and Compensation Settlement

1. Compensation funds for damage within the scope of the State's liability for compensation shall be guaranteed from the central budget and local budget as prescribed in Chapter VI of the Law on State Liability for Compensation.

2. Funds for ensuring state management work and compensation settlement shall be guaranteed from the state budget within the budget estimate for operational expenses of agencies and organizations implementing state management or national compensation settlement as provided for in the State Budget Law.

3. The Ministry of Finance shall take the lead and coordinate with the Ministry of Justice to guide the preparation of budgets, manage, and utilize funds from the state budget for state management work on compensation and compensation settlement.

Chapter V

IMPLEMENTING PROVISIONS

Article 28. Effectiveness and Transitional Provisions

1. This Decree shall take effect from April 20, 2010.

2. The provisions on the duty to repay of public servants in Chapter III of this Decree shall not be applied to resolve repayment matters for cases applying the compensation settlement procedures as prescribed in Decree No. 47/CP dated May 3, 1997 of the Government on the settlement of compensation for damage caused by civil servants, state officials, and persons with authority in judicial proceedings.

Article 29. Responsibility for Implementation

1\. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial and centrally-administered city People's Committees shall be responsible for implementing this Decree.

2. The Minister of Justice, within the scope of his/her duties and authorities, shall coordinate with relevant ministries and sectors to provide detailed regulations and guidance on the implementation of Articles and Clauses assigned in this Decree to meet the requirements of state management over compensation work./.