Joint Circular No. 22/2014/TTLT-BTP-TANDTC-VKSNDTC-BCA-BQP-BTC-BNNPTNT guiding the implementation of state management over compensation work in judicial proceedings.

JOINT CIRCULAR

Guidelines for State Management of Compensation Work in Litigation Activities

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

The Minister of Justice, the President of the Supreme People's Court, the Prosecutor General of the Supreme People's Procuracy, the Ministers of Public Security, National Defense, Finance, Agriculture and Rural Development jointly issue this Circular to guide the implementation of state management over compensation work in litigation activities.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides the content of state management, state management responsibilities, and coordination relationships in implementing state management over compensation work in litigation activities.

Article 2. Applicability

This Circular applies to the Supreme People's Court, the Supreme People's Procuracy, the Ministry of National Defense, the Ministry of Public Security, the Ministry of Finance, the Ministry of Agriculture and Rural Development (hereinafter referred to collectively as the agencies managing compensation work in litigation activities); the Ministry of Justice; agencies assigned certain state management tasks related to compensation work; agencies conducting litigation activities at provincial and centrally-administered municipal levels and at district and county levels; and agencies assigned tasks to conduct certain investigative activities.

Article 3. Content of State Management Over Compensation Work in Litigation Activities

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. Popularizing and promoting the Law on State Liability for Compensation and guiding documents issued by competent state authorities.

3. Providing guidance on compensation settlement procedures for agencies responsible for compensation to carry out compensation settlements.

4. Resolving issues arising from the implementation of laws on state liability for compensation.

5. Determining the agency responsible for compensation in cases where there is no agreement on the agency responsible for compensation.

6. Monitoring, urging, inspecting the activities of compensation settlement, payment of compensation funds, and fulfillment of repayment obligations.

7. Statistics, compilation, and evaluation of the implementation of state liability for compensation.

8. Handling complaints, denunciations, and violations of laws on state liability for compensation according to the provisions of the law.

Article 4. Responsibilities for Implementing State Management Over Compensation Work in Litigation Activities

1. The Supreme People's Court, the Supreme People's Procuracy, the Ministry of National Defense, the Ministry of Public Security, the Ministry of Finance, and the Ministry of Agriculture and Rural Development manage compensation work in criminal litigation within their respective jurisdictions.

2. The Supreme People's Court manages compensation work in civil and administrative litigation.

3. Where deemed necessary, the agencies managing compensation work in litigation activities shall coordinate with each other and coordinate with the Ministry of Justice to implement the management contents stipulated in Article 3 of this Circular.

Article 5. Principles for Coordination in Implementing State Management Over Compensation Work in Litigation Activities

1. In accordance with the functions, tasks, and powers of each agency.

2. Ensuring unity, timeliness, and accuracy in content and deadlines as guided by this Circular.

Chapter II

COORDINATION IN IMPLEMENTING STATE MANAGEMENT OVER COMPENSATION WORK

IN LITIGATION ACTIVITIES

Article 6. Guidance on handling compensation claims and resolving ambiguities regarding the implementation of laws on state liability for compensation

1. In cases where the matter is complex and difficult to resolve, requiring consensus among relevant agencies and compensation management agencies involved in litigation proceedings, such agencies shall submit written requests to other compensation management agencies in litigation proceedings and the Ministry of Justice for coordination and exchange of opinions through written communication or inter-ministerial meetings to reach agreement before providing guidance on handling compensation claims and resolving ambiguities regarding the implementation of laws on state liability for compensation.

2. Written guidance on handling compensation claims and resolving ambiguities regarding the implementation of laws on state liability for compensation must be simultaneously sent to all agencies that have coordinated.

3. If a compensation management agency in litigation proceedings receives a request for guidance on handling compensation claims or resolving ambiguities regarding the implementation of laws on state liability for compensation in litigation proceedings, and the request does not relate to the compensation responsibility within its jurisdiction, the agency must transfer the request to the competent authority within five working days from the date of receipt, while immediately notifying the requesting agency, organization, or individual.

Article 7. Determination of the responsible compensation agency in the case where there is disagreement about the responsible compensation agency in criminal litigation proceedings

Where there is a dispute over compensation responsibility among competent authorities in criminal litigation proceedings under the sectors stipulated in Clause 2 of Article 21 of Circular Joint Circular No. 05/2012/TTLT/VKSNDTC-TANDTC-BCA-BTP-BQP-BTC-BNN&PTNT dated November 2, 2012, issued by the Supreme People's Procuracy, the Supreme People's Court, the Ministry of Public Security, the Ministry of Justice, the Ministry of Defense, the Ministry of Finance, and the Ministry of Agriculture and Rural Development guiding the implementation of state liability for compensation in criminal litigation proceedings, it shall be resolved as follows:

1. The agency proposing the determination of the responsible compensation agency shall actively exchange with related compensation management agencies in litigation proceedings to reach a unified determination of the responsible compensation agency. Such exchanges may be conducted through organizing meetings or through written communication.

2. The unified determination of the responsible compensation agency must be in writing. The document must be immediately sent to all agencies that participated in the exchange and reached consensus, as well as to the responsible compensation agency.

Article 8. Inter-agency inspection of compensation work

1. Inter-agency inspections of compensation work are carried out according to plans of compensation management agencies in litigation proceedings or at the request of authorized state agencies.

2. The content of inter-agency inspections of compensation work includes:

a) Compensation resolution activities;

b) Payment of compensation funds;

c) Review of the duty to repay by public servants.

3. Inter-agency inspection work is conducted as follows:

a) The agency proposing the inter-agency inspection work shall take the lead in drafting the Inspection Plan draft. The Inspection Plan draft must be agreed upon in writing by related compensation management agencies in litigation proceedings;

b) After reaching agreement on the organization and implementation of inter-agency inspection work, the proposing agency shall issue and implement the Inspection Plan and establish the Inter-Agency Inspection Team;

The Inter-Agency Inspection Team consists of representatives from the proposing agency, representatives from the compensation management agency in litigation proceedings of the inspected agency, and representatives from other agencies related to the inspection work;

c) The inspected agency is responsible for preparing complete files, documents, and other necessary conditions to support the inspection work and cooperate with the Inter-Agency Inspection Team as required.

4. Upon completion of the inspection activity, the Head of the Inter-Agency Inspection Team must issue an inspection conclusion and send it to all relevant agencies.

In cases where violations of the law are discovered, the Inter-Agency Inspection Team shall recommend that the competent authority or person handle the matter according to the law.

Article 9. Handling complaints and reports regarding the implementation of state compensation responsibility outside of jurisdiction

1. In cases where the management agency for compensation work in litigation activities or the Ministry of Justice receives complaints or reports about the implementation of state compensation responsibility that fall outside their jurisdiction, the receiving agency shall immediately transfer the complaint, report, and related documents (if any) to the competent authority for resolution.

2. The competent authority for handling complaints and reports shall be responsible for informing the transferring agency of the results of the complaint and report resolution.

Article 10. Statistics and compilation of results on the implementation of state compensation responsibility in litigation activities nationwide

1. The management agency for compensation work in litigation activities shall periodically conduct statistics and compile the implementation of state compensation responsibility within its sector annually and report to the Ministry of Justice. The data collection period for annual statistics and compilation runs from October 1st of the previous year to September 30th of the reporting year. The deadline for submitting the statistical and compilation results is before October 15th of the reporting year.

2. In cases where statistics and compilations are required to serve reports to the Government, the Standing Committee of the National Assembly, and the National Assembly, the management agency for compensation work in litigation activities shall conduct statistics and compile the implementation of state compensation responsibility within its sector and submit them to the Ministry of Justice.

3. The content of statistics and compilation shall be carried out according to the form issued together with this Joint Circular.

Article 11. Statistics and compilation of results on the implementation of state compensation responsibility in litigation activities within the local area

1. Upon request of the national management agency for compensation at the same level in the locality, the People's Court, the People's Procuracy, and the provincial-level public security organ (hereinafter referred to as the provincial level) and district-level, city-level, and town-level public security organs (hereinafter referred to as the district level) shall conduct statistics and compile the results of the implementation of state compensation responsibility within their respective jurisdictions and send them to the following agencies:

a) The People's Court, the People's Procuracy, and the district-level public security organ shall send the statistical and compilation results to the Legal Affairs Office.

b) The People's Court, the People's Procuracy, and the provincial-level public security organ shall send the statistical and compilation results to the Department of Justice.

2. The data collection period, submission deadlines, and content of statistics and compilation shall be implemented according to the provisions of Clause 1 and Clause 3 of Article 10 of this Joint Circular.

Article 12. Sending copies of extracts of judgments and decisions related to state compensation responsibility

1. The court that has adjudicated criminal cases, administrative cases, and civil matters related to state compensation responsibility shall send copies of extracts of judgments and decisions to the competent national management agency for compensation within fifteen days from the date these judgments and decisions become legally effective as follows:

a) The Supreme People's Court shall send copies of extracts of judgments and decisions to the Ministry of Justice;

b) The provincial-level People's Court shall send copies of extracts of judgments and decisions to the Department of Justice;

c) The district-level People's Court shall send copies of extracts of judgments and decisions to the Legal Affairs Office;

d) The Military Court shall send copies of extracts of judgments and decisions to the Legal Affairs Department of the Ministry of National Defense.

2. The national management agency for compensation upon receipt of the copies of extracts of judgments and decisions as stipulated in Clause 1 of this Article shall be responsible for compiling them for monitoring and coordinating to urge and inspect the compensation work in accordance with the law.

Chapter III

IMPLEMENTING PROVISIONS

Article 13. Effective Date

This Joint Circular takes effect from January 5, 2015.

1. The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees under the central government, and related agencies, units, and individuals are responsible for implementing this Circular.

1. The Ministry of Justice, the Supreme People's Court, the Supreme People's Procuracy, the Ministry of Public Security, the Ministry of National Defense, the Ministry of Finance, and the Ministry of Agriculture and Rural Development are responsible for organizing the implementation of this Joint Circular.

2. During the implementation process, if there are difficulties or obstacles, relevant agencies, organizations, and individuals shall promptly notify the management agency for compensation work in litigation activities and the Ministry of Justice for timely guidance./.