Joint Circular No. 16/2015/TTLT-BTP-BQP amending and supplementing certain articles of Joint Circular No. 04/2013/TTLT-BTP-BQP dated February 1, 2013, issued by the Ministry of Justice and the Ministry of National Defense guiding the implementation of state management over compensation work in civil enforcement activities.

JOINT CIRCULAR

Amending and supplementing certain Articles of TCircular Jointly Issued No. 04/2013/TTLT-BTP-BQP dated February 1, 2013 of B||| Tthe Ministry of Justice, B||| Article 24the Ministry of National Defense guiding the implementation of state management on compensation work in civil enforcement activitiesitself

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Pursuant to the Law on State Liability for Compensation;

Pursuant to Decree No. 16/2010/NĐ-CP dated March 3, 2010 of the Government detailing and guiding the implementation of the Law on State Liability for Compensation;y định chi tiết và hướng dẫnFUNCTIONS, DUTIES, POWERS, ORGANIZATIONAL STRUCTURE, OPERATIONAL REGULATIONS, AND RELATIONSHIPS OF MANAGEMENT BOARDS; DUTIES, POWERS OF THE CHAIRPERSON, VICE CHAIRPERSON (IF ANY), SECRETARY, AND MEMBERS OF MANAGEMENT BOARDSManaged by the central government.No. Pursuant to Decree No. 35/2013/NĐ-CP dated April 22, 2013 of the Government stipulating the functions, tasks, organizational structure of the Ministry of National Defense;

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;

Pursuant to DecreeNo. 35/2013/NĐ-CP ngày 22/4/2013 của Chính phủ quy định chức năng, nhiệm vụ, quyền hạn và tổ chức bộ máy của cơ quan thi hành án dân sựonThe Director of the Office, Heads of Payment Department, Heads of units under the State Bank of Vietnam; credit institutions, foreign bank branches, payment switching organizations, electronic transaction settlement organizations are responsible for implementing this Circular.of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home AffairsThe Minister of Justice and the Minister of National Defense issue this Circular jointly amending and supplementing some articles of Circular Jointly Issued No. 04/2013/TTLT-BTP-BQP dated February 1, 2013 guiding the implementation of state management on compensation work in civil enforcement activitiesNo.5. Workers who are beneficiaries of policies under this Decree and are also beneficiaries of similar policies or have the same nature as those prescribed in other regulatory legal documents shall enjoy the highest level of policy benefits.

Bộ trưởng Bộ Tư pháp và Bộ trưởng Bộ Quốc phòngNo.Article 1. Amending and supplementing some articles of Circular Jointly Issued No. 04/2013/TTLT-BTP-BQP dated February 1, 2013 of the Ministry of Justice and the Ministry of National Defense guiding the implementation of state management on compensation work in civil enforcement activitiesNo. "Article 6. Guidance on business procedures for compensationNo. 1. Responsibilities for guidance on business proceduresJune 2024;a) The National Compensation Department of the Ministry of Justice shall guide business procedures for compensation for agencies and units throughout the country;i b) The Legal Affairs Department of the Ministry of National Defense shall guide business procedures for compensation for agencies and units under the management of the Ministry of National Defense.

2. Contents of guidance on business procedures

1. Article 6 shall be amended and supplemented as follows:

a) Procedures and formalities for handling compensation;

b) Procedures and formalities for preparing files requesting funding, paying compensation money, and reviewing liability for repayment;

c) Other related contents regarding state compensation responsibility."

"Article 8. Clarifying difficulties

1. Responsibilities for clarifying difficulties

The National Compensation Department shall advise the Minister of Justice on clarifying difficulties regarding the implementation of laws on state liability for compensation throughout the country.

2. Contents of clarifying difficulties

a) Scope and subjects eligible for compensation;

4. Having been awarded the title "Outstanding Artist" and subsequently meeting one of the following criteria:

b) Basis for determining state liability for compensation;

c) Damages subject to compensation;

d) Procedures and formalities for handling compensation;

đ) Payment of compensation money and review of liability for repayment;

e) Contents of state management over compensation work;

g) Other related contents regarding state liability for compensation."

"Article 10. Providing information and guiding procedures to support victims in exercising their right to claim compensation

1. The National Compensation Department of the Ministry of Justice shall provide information and guide procedures to support victims in exercising their right to claim compensation throughout the country.

2. The Legal Affairs Department of the Ministry of National Defense shall provide information and guide procedures to support victims in exercising their right to claim compensation within the scope managed by the Ministry of National Defense.

3. Depending on specific cases, providing information and guiding procedures to support the exercise of the right to claim compensation shall be done in writing or through direct exchanges with victims."

"Article 11. Implementing monitoring of compensation resolution activities

3. Article 10 shall be amended and supplemented as follows:

1. Monitoring responsibilities

a) The National Compensation Department shall advise the Minister of Justice on summarizing and generally monitoring compensation resolution activities throughout the country;

b) The Civil Enforcement General Department of the Ministry of Justice shall specifically monitor compensation resolution activities within its jurisdiction;

c) The Civil Enforcement Department of the province or centrally-administered city (hereinafter referred to as the Provincial Civil Enforcement Department) shall specifically monitor compensation resolution activities within its jurisdiction;

4. Article 11 shall be amended and supplemented as follows:

d) The Legal Affairs Department of the Ministry of National Defense shall advise the Minister of National Defense on summarizing and generally monitoring compensation resolution activities within the scope managed by the Ministry of National Defense;

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

2. Contents of monitoring

a) Situations of compensation claims and resolution;

b) Responsibility for reporting according to the law on state liability for compensation."

5. Supplementing Article

a after Article 11 as follows:

"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;

c) The Provincial Civil Enforcement Department shall specifically monitor the payment of compensation money and review of liability for repayment within its jurisdiction; 11d) The Legal Affairs Department of the Ministry of National Defense shall advise the Minister of National Defense on summarizing and generally monitoring the assessment of funding allocation, payment of compensation money, and review of liability for repayment within the scope managed by the Ministry of National Defense;

đ) The Civil Enforcement Department of the Ministry of National Defense shall specifically monitor the payment of compensation money and review of liability for repayment within its jurisdiction.

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

a) Assessment of funding allocation, payment of compensation money, and review of liability for repayment;"

"Article 12. Basis for implementing monitoring of compensation resolution activities, assessment of funding allocation, payment of compensation money, and review of liability for repayment

1. Reports on the results of compensation resolution from responsible agencies.

2. Reports on compensation work.

3. Court judgments and decisions of competent state authorities related to state liability for 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;

6. Article 12 is amended and supplemented as follows:

5. Information from the press on compensation work."

"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.

7. Article 14 shall be amended and supplemented as follows:

5. The National Compensation Department shall advise the Minister of Justice on urging in the following cases:

1. Tổng cục Thi hành án dân sự thuộc Bộ Tư pháp đôn đốc hoạt động giải quyết bồi thường trong phạm vi do mình quản lý.

2. Cục Thi hành án dân sự cấp tỉnh đôn đốc hoạt động giải quyết bồi thường trong phạm vi do mình quản lý.

3. Vụ Pháp chế thuộc Bộ Quốc phòng tham mưu, giúp Bộ trưởng Bộ Quốc phòng đôn đốc hoạt động giải quyết bồi thường trong phạm vi do Bộ Quốc phòng quản lý.

4. Cục Thi hành án dân sự thuộc Bộ Quốc phòng đôn đốc hoạt động giải quyết bồi thường trong phạm vi do mình quản lý.

5. Cục Bồi thường nhà nước tham mưu, giúp Bộ trưởng Bộ Tư pháp đôn đốc hoạt động giải quyết bồi thường trong các trường hợp:

a) Beyond the time limit prescribed in Clause 1, Article 16 of this Joint Circular, the agencies specified in Clauses 1, 2, 3, and 4 of this Article have not carried out urging;

b) The responsible compensation agency has been urged but has not implemented the resolution of compensation as prescribed.”

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

"Article 14a. Urging the assessment of funding allocation, payment of compensation, and consideration of responsibility for repayment

1. The National Compensation Agency advises and assists the Minister of Justice to urge the assessment of funding allocation, payment of compensation, and consideration of responsibility for repayment nationwide.

2. The Civil Enforcement General Department under the Ministry of Justice urges the payment of compensation and consideration of responsibility for repayment within its jurisdiction.

3. The Provincial Civil Enforcement Agency urges the payment of compensation and consideration of responsibility for repayment within its jurisdiction.

4. The Legal Affairs Department of the Ministry of Defense advises and assists the Minister of Defense to urge the assessment of funding allocation, payment of compensation, and consideration of responsibility for repayment within the jurisdiction of the Ministry of Defense.

5. The Civil Enforcement Bureau of the Ministry of Defense urges the payment of compensation and consideration of responsibility for repayment within its jurisdiction.”

9. Article 15 is amended and supplemented as follows:

"Article 15. Basis for urging activities to resolve compensation, assess funding allocation, payment of compensation, and consideration of responsibility for repayment

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

2. Results of monitoring and inspecting compensation work.

3. Information from the press about compensation work.

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

10. Article 16 is amended and supplemented as follows:

"Article 16. Urging procedures for resolving compensation

1. Within ten days from the date of receiving information and documents serving as the basis for urging as prescribed in Article 15 of this Joint Circular, the competent authority prescribed in Article 14 of this Joint 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 agency being urged shall report in writing and send it to the urging agency and its direct superior agency regarding the results of implementation.

5. In case the agency being urged encounters difficulties or obstacles in implementing the content of the urging document, it must report and seek guidance from the superior agency or state management agency concerning compensation work as prescribed in Chapter III of this Joint Circular.”

11. Supplement Article 16a following Article 16 as follows:

"Article 16a. Urging procedures for assessing funding allocation, payment of compensation, and consideration of responsibility 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 15 of this Joint Circular, the competent authority prescribed in Article 14a of this Joint Circular shall issue a urging document to the agency responsible for assessing funding allocation, payment of compensation, and consideration of responsibility 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 agency being urged shall report in writing and send it to the urging agency and its direct superior agency regarding the results of implementation.”

12. Article 17 is amended and supplemented as follows:

"Article 17. Inspection of compensation work

1. The National Compensation Agency advises and assists the Minister of Justice to inspect compensation work nationwide.

2. The Civil Enforcement General Department under the Ministry of Justice inspects compensation work within its jurisdiction.

3. The Provincial Civil Enforcement Agency inspects the resolution of compensation within its jurisdiction.

4. The Legal Affairs Department of the Ministry of Defense advises and assists the Minister of Defense to inspect compensation work within the jurisdiction of the Ministry of Defense.

5. The Civil Enforcement Bureau of the Ministry of Defense inspects the resolution of compensation within its jurisdiction.”

13. Supplement Article 17a following Article 17 as follows:

"Article 17a. Principles of inspection of compensation work

The inspection of compensation work in civil enforcement activities must comply with the following principles:

1. Accuracy, objectivity, transparency, democracy, timeliness; without hindering the normal operation of the inspected entity.

2. Correct in content, scope, subject, and time limit according to the Decision or Plan for inspection; complying with the procedure, process, and authority of inspection as prescribed in Article 17 and Article 17b of this Joint Circular.”

14. Supplement Article 17b following Article 17a as follows:

"Article 17b. Procedure and process of 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 content of the inspection; provide information and documents related to the content of the inspection.

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 Inspection Team builds a draft report on the results of the inspection to submit to the agency that issued the Decision or issued the Plan for inspection.

6. Within five working days from the approval of the report on the results of the inspection, the agency that issued the Decision or issued the Plan for inspection must issue an Inspection Conclusion and notify the inspected entity.

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

15. Article 18 is amended and supplemented as follows:

"Article 18. Basis for inspection

1. Annual plan of the state management agency concerning compensation work.

2. Requests of individuals, agencies, organizations with authority.

3. Results of monitoring and urging compensation work.

4. Decisions on resolving complaints and conclusions on the content of accusations by competent state agencies.

5. Report on compensation work.”

16. Add Article 21a after Article 21 as follows:

"Article 21a. Composition of the Inspection Team, duties and powers 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 for compensation work. Members of the Inspection Team include representatives from the state management agency for compensation work and other agencies and units related to the inspection of compensation work.

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

a) Directing the Inspection Team to implement the contents and deadlines set out in the Decision or Plan for inspection; assigning 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."

17. Article 22 shall be amended and supplemented as follows:

"Article 22. 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."

18. Article 24 shall be amended and supplemented as follows:

"Article 24. Types of Reports, Time Points for Data Collection, and Reporting Formats

1. Periodic reports

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

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

The reports shall be prepared according to the form issued together with this Joint Circular.

2. Reports on compensation work upon request of the competent state authority.

3. Reporting formats

a) Written reports on paper must have the signature and stamp of confirmation of the head of the agency or organization implementing the reporting system, sent via postal service or delivered directly;

b) Electronic written reports must be verified by digital signature in accordance with the law or sent as scanned paper documents (PDF format)."

19. Add Article 24a after Article 24 as follows:

"Article 24a. Statistical Data

1. Agencies responsible for reporting as stipulated in Clause 1, 2, 3, 4, and 5 of Article 25 of this Joint Circular shall compile statistical data on compensation claims and their resolution according to Appendix I and Appendix II issued together with this Joint Circular.

2. The time point for regular data compilation shall be carried out as prescribed in Point a, b of Clause 1 of Article 24 of this Joint Circular."

20. Article 25 shall be amended and supplemented as follows:

"Article 25. Responsibility for Reporting on Compensation Work

1. Civil Enforcement Office shall regularly compile, summarize, aggregate, and evaluate the implementation of compensation within its jurisdiction every six months (before April 10) and annually (before October 10), sending it to the Provincial Civil Enforcement Office, while also sending it to the Justice Department for consolidation of the overall situation regarding state management of compensation work at the local level.

2. Provincial Civil Enforcement Office shall regularly compile, summarize, aggregate, and evaluate the implementation of compensation within its jurisdiction every six months (before April 15) and annually (before October 15), sending it to the National Civil Enforcement Office under the Ministry of Justice, while also sending it to the Provincial Justice Department for consolidation of the overall situation regarding state management of compensation work at the local level.

3. National Civil Enforcement Office under the Ministry of Justice shall regularly summarize and conclude on compensation work nationwide every six months and annually, reporting to the Ministry of Justice, while also sending it to the State Compensation Office under the Ministry of Justice.

4. Military Region Civil Enforcement Office shall regularly compile, summarize, aggregate, and evaluate the implementation of compensation within its jurisdiction every six months (before April 10) and annually (before October 10), reporting to the Civil Enforcement Office under the Ministry of Defense.

5. Civil Enforcement Office under the Ministry of Defense shall regularly compile, aggregate, and evaluate the implementation of compensation work within its jurisdiction every six months (before April 15) and annually (before October 15), reporting to the Ministry of Defense, while also sending it to the Legal Affairs Department under the Ministry of Defense.

6. Legal Affairs Department under the Ministry of Defense shall regularly summarize and conclude on compensation work within the jurisdiction of the Ministry of Defense every six months and annually, sending it to the Ministry of Justice.

7. State Compensation Office shall assist the Minister of Justice in compiling, summarizing, and reporting to the Government on compensation work."

Article 2. Effective Date

1. This Joint Circular takes effect from January 2, 2016.

2. Repeal Article 13, the report templates, and Appendices attached to Joint Circular No. 04/2013/TTLT-BTP-BQP dated February 1, 2013, issued by the Ministry of Justice and the Ministry of Defense guiding the implementation of state management over compensation work in civil enforcement activities, and the content and forms of statistics on the number of cases and amounts of state compensation in civil enforcement activities in Circular No. 08/2015/TT-BTP dated June 26, 2015, amending and supplementing certain provisions of Circular No. 01/2013/TT-BTP dated January 3, 2013, issued by the Ministry of Justice guiding the reporting and statistical system for civil enforcement activities.

Article 3. Responsibility for Implementation and Organization of Execution

1. State management agencies for compensation work, agencies responsible for compensation in civil enforcement activities, and relevant agencies and organizations shall be responsible for implementing this Joint Circular.

2. In case of difficulties or obstacles during implementation, individuals and organizations are advised to reflect these issues to the Ministry of Justice and the Ministry of Defense for joint research and resolution./.