Joint Circular No. 18/2011/TTLT-BTP-BNV guiding the tasks, powers, organization, and staffing of the Department of Justice under the People's Committee of the province and the Justice Office under the People's Committee of the district regarding state compensation.

JOINT CIRCULAR

Guidelines on the tasks, powers, organization, and staffing of the Department of Justice under the People's Committee of the province and the Justice Office under the People's Committee of the district regarding state compensation Pursuant to Decree No. 48/2008/NĐ-CP dated April 17, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

__________________________________

Pursuant to Decree No. 93/2008/NĐ-CP dated August 22, 2008, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Justice;

Pursuant to Decree No. 13/2008/NĐ-CP dated February 4, 2008 of the Government stipulating the organization of specialized agencies under the People's Committee of the province and centrally governed city;

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

Pursuant to Decree No. 14/2008/NĐ-CP dated February 4, 2008 of the Government stipulating the organization of specialized agencies under the People's Committee of the district, town, urban area, and provincial city;

The Ministry of Justice and the Ministry of Home Affairs provide guidelines on the tasks, powers, organization, and staffing of the Department of Justice under the People's Committee of the province and centrally governed city (hereinafter referred to collectively as the provincial level) and the Justice Office under the People's Committee of the district, town, urban area, and provincial city (hereinafter referred to collectively as the district level) regarding state compensation as follows:

Article 1. Tasks, powers, organization, and staffing of the Department of Justice regarding state compensation

Clause 1. Tasks and powers of the Department of Justice advise and assist the People's Committee at the provincial level in performing tasks related to state compensation in administrative management activities at the local level with the following tasks and powers:

a) Implement legal provisions on the responsibility for state compensation; disseminate and promote the Law on State Compensation Responsibility and guiding documents for its implementation;

b) Propose to the People's Committee at the provincial level to determine the agency responsible for compensation in cases where the person suffering damage requests or there is no agreement among specialized agencies under the People's Committee at the provincial and district levels regarding the determination of the agency responsible for compensation according to the law;

c) Train and guide skills and professional procedures for handling compensation for civil servants working in specialized agencies under the People's Committee at the provincial and district levels;

d) Provide information and guide procedures to support persons suffering damage in exercising their right to request compensation;

đ) Monitor, urge, inspect, and check the resolution of compensation, payment of compensation money, and the fulfillment of the obligation to repay according to the law;

e) Resolve complaints and denunciations, handle violations of the law on state compensation responsibility according to the law;

g) Conduct mid-year reviews and annual summaries of the implementation of state compensation responsibility at the local level and report to the People's Committee at the provincial level to the Ministry of Justice before June 20 each year (for mid-year reports) and before December 20 each year (for annual reports);

h) Perform other related tasks on state compensation assigned by the People's Committee at the provincial level.

Clause 2. Organization and staffing

a) Specialized departments under the Department of Justice tasked with administrative justice duties shall undertake advisory and assistance tasks to the Director of the Department in implementing the tasks and powers stipulated in Clause 1 of this Article.

b) Staffing for the Department of Justice to perform tasks related to state compensation is civil servant staffing allocated by the People's Committee at the provincial level.

The People's Committee at the provincial level is responsible for ensuring sufficient staffing based on determining job positions for the Department of Justice to implement the state compensation tasks stipulated in Clause 1 of this Article.

The People's Committee of the province is responsible for ensuring sufficient staffing based on the determination of job positions for the Department of Justice to carry out the state compensation tasks specified in Clause 1 of this Article.

Article 2. Tasks, powers, and staffing of the Justice Office under the People's Committee at the district level regarding state compensation

1. Tasks and powers The Justice Office advises and assists the People's Committee at the district level in performing state compensation tasks in administrative management activities at the local level, with the following tasks and powers:

b) Propose to the People's Committee at the provincial level to determine the agency responsible for compensation in cases where the person suffering damage requests or there is no agreement among specialized agencies under the People's Committee at the provincial and district levels regarding the determination of the agency responsible for compensation according to the law;

b) Propose to the People's Committee at the district level to determine the responsible agency for compensation in cases where the person suffering damage requests or there is no agreement on the responsibility for compensation between units directly managed by the People's Committee at the district level and the People's Committee at the commune level as prescribed by law;

c) Guide the People's Committee at the commune level in implementing compensation resolution;

đ) Monitor, urge, inspect, and check the resolution of compensation, payment of compensation money, and the fulfillment of the obligation to repay according to the law;

d) Supervise, urge, inspect, and examine the implementation of compensation, payment of compensation money, and the fulfillment of the obligation to repay according to the provisions of the law in cases where the People's Committee at the commune level has the responsibility to resolve compensation;

e) Take the lead, coordinate with related units, advise the People's Committee at the district level to handle complaints, denunciations, and violations of the law regarding state compensation responsibilities;

g) Regularly conduct mid-year reviews and annual summaries of the implementation of state compensation responsibilities at the local level, report to the People's Committee at the district level and send to the Department of Justice before June 15 each year (for mid-year review reports) and before December 15 each year (for annual summary reports);

h) Perform other related tasks concerning state compensation assigned by the People's Committee at the district level.

2. Quota

Staffing of the Justice Office to perform state compensation tasks is civil servant positions allocated by the People's Committee at the district level.

The People's Committee at the provincial level and the People's Committee at the district level have the responsibility to ensure sufficient staffing based on determining job positions for the Justice Office to carry out the tasks and state compensation as stipulated in Clause 1 of this Article.

Article 3. Effectiveness and Responsibility for Implementation

1. This Circular takes effect 45 days from the date of issuance.

2. The People's Committee at the provincial level, the Department of Justice, the People's Committee at the district level, and the Justice Office are responsible for organizing the implementation of this Joint Circular.

During the implementation process, if there are difficulties, they are requested to reflect them to the Ministry of Justice for coordination with the Ministry of Home Affairs to consider and resolve./.