Consolidated Document number 4645/VBHN-BTP guiding the implementation of state management over compensation work in civil enforcement proceedings.

MINISTRY OF JUSTICE -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
Number: 4645/VBHN-BTP	Hanoi, December 18, 2015

JOINT CIRCULAR

GUIDELINES FOR THE IMPLEMENTATION OF STATE ADMINISTRATION IN THE WORK OF COMPENSATION IN CIVIL ENFORCEMENT ACTIVITY

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 administration in the work of compensation in civil enforcement activity, which took effect from March 16, 2013, was amended and supplemented by:

Joint Circular No. 16/2015/TTLT-BTP-BQP dated November 19, 2015, issued by the Ministry of Justice and the Ministry of National Defense 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 administration in the work of compensation in civil enforcement activity, which took effect from January 2, 2016.

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

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. 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. 104/2008/NĐ-CP dated September 16, 2008, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

The Minister of Justice and the Minister of National Defense issue this Joint Circular guiding the implementation of state administration in the work of compensation in civil enforcement activity.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Joint Circular guides the implementation of state administration in the work of compensation in civil enforcement activity regarding the determination of the responsible agency for compensation; guiding business procedures for compensation; answering questions about the implementation of laws on the State's liability for compensation; supervising, urging, inspecting, and compiling statistics and reporting on State compensation work.

Article 2. Applicability

This Joint Circular applies to agencies responsible for state administration in the work of compensation in civil enforcement activity and other agencies, organizations, and individuals related to State compensation work.

Chapter II

DETERMINATION OF THE RESPONSIBLE AGENCY FOR COMPENSATION

Article 3. Determination of the responsible agency for compensation

1. The Ministry of Justice and the Ministry of National Defense determine the responsible agency for compensation in cases where the person suffering damage requests or there is no agreement among agencies under their management regarding the responsibility for compensation.

2. The General Department of Civil Enforcement of the Ministry of Justice advises and assists the Minister of Justice in determining the responsible agency for compensation in cases where the person suffering damage requests or there is no agreement among agencies regarding the responsibility for compensation in the following situations:

a) Among various Civil Enforcement Departments;

b) Among different Civil Enforcement Branches in different provinces.

3. The Provincial Civil Enforcement Department determines the responsible agency for compensation in cases where the person suffering damage requests or there is no agreement among Civil Enforcement Branches within the province regarding the responsibility for compensation.

4. The Civil Enforcement Department of the Ministry of National Defense advises and assists the Minister of National Defense in determining the responsible agency for compensation in cases where the person suffering damage requests or there is no agreement among Military Zone Civil Enforcement Offices regarding the responsibility for compensation.

5. The State Compensation Department advises and assists the Minister of Justice in determining the responsible agency for compensation in cases where the person suffering damage requests or there is no agreement between the Civil Enforcement Department of the Ministry of Justice and the Civil Enforcement Department of the Ministry of National Defense regarding the responsibility for compensation.

Article 4. Procedures for Determining the Responsible Compensation Authority

1. The authority with the power to determine the responsible compensation authority as stipulated in Article 3 of this Joint Circular shall take the lead in implementing the procedures for determining the responsible compensation authority as provided for in Article 5 of Decree No. 16/2010/NĐ-CP.

2. In cases where there is no agreement on the responsible compensation authority, the determination of the responsible compensation authority shall be carried out according to the following procedures:

a) Within five working days from the date of receipt of the request to determine the responsible compensation authority, the authority with the power to determine the responsible compensation authority shall chair and organize a meeting with the relevant authorities causing damage to reach an agreement on the responsible compensation authority;

If the authorities cannot agree on the responsible compensation authority, the authority with the power to determine the responsible compensation authority shall decide that one of the relevant authorities causing damage is the responsible compensation authority.

b) The document determining the responsible compensation authority must be immediately sent to the relevant authorities causing damage, the person suffering damage or their relatives, and the responsible compensation authority for implementation.

Article 5. Coordination in Determining the Responsible Compensation Authority

1. Within the scope of their duties and powers, the authorities causing damage and the state management agency for compensation work have the responsibility to coordinate in determining the responsible compensation authority.

2. Requests for coordination in determining the responsible compensation authority shall be made in writing.

Chapter III

GUIDANCE ON BUSINESS PROCEDURES FOR COMPENSATION

Article 6. Guidance on Business Procedures for Compensation

2

1. Responsibilities for Guidance on Business Procedures

a) The National Compensation Agency under the Ministry of Justice shall provide guidance on business procedures for compensation for agencies and units throughout the country;

b) The Legal Affairs Department of the Ministry of Defense shall provide guidance on business procedures for compensation for agencies and units under the management of the Ministry of Defense.

2. Contents of Guidance on Business Procedures

a) Procedures and processes for handling compensation claims;

b) Procedures and processes for preparing applications for funding allocation, payment of compensation money, and consideration of liability for repayment;

c) Other related contents regarding the State's liability for compensation.

Article 7. Time Limit for Providing Guidance on Business Procedures for Compensation

Within five working days from the date of receipt of the letter requesting guidance and receiving all related documents, the competent authority providing guidance must issue a response document. In cases of difficult and complex matters, the time limit may be extended but not exceed fifteen days.

Chapter IV

RESOLUTION OF LEGAL OBSTACLES, PROVISION OF INFORMATION, AND GUIDANCE ON PROCEDURES

Article 8. Resolution of Obstacles

3

1. Responsibilities for Resolving Obstacles

The National Compensation Agency shall advise and assist the Minister of Justice in resolving obstacles concerning the implementation of laws on the State's liability for compensation throughout the country.

2. Contents of Resolving Obstacles

a) Scope and subjects eligible for compensation;

b) Basis for determining the State's liability for compensation;

c) Damages subject to compensation;

d) Procedures and processes for handling compensation claims;

e) Payment of compensation money and consideration of liability for repayment;

f) Contents of state management over compensation work;

g) Other related contents regarding the State's liability for compensation.

Article 9. Forms and Time Limit for Resolving Legal Issues

1. The resolution of legal issues shall be carried out through the following forms:

a) Resolution by written document;

b) Resolution through electronic networks;

c) Direct resolution or resolution through telephone;

d) Other forms as prescribed by law.

2. Within fifteen days from the date of receiving all relevant information related to the request for resolving legal issues, the Ministry of Justice must respond according to the request of agencies, organizations, and individuals. In cases involving complex content, the time limit may be extended but not exceeding thirty days.

3. When necessary, the resolution of legal issues may seek opinions from experts or seek opinions from relevant agencies.

Article 10. Provision of Information and Guidance on Procedures to Support Victims in Exercising Their Right to Compensation

4

1. The State Compensation Department under the Ministry of Justice provides information and guidance on procedures to support victims in exercising their right to compensation throughout the country.

2. The Legal Affairs Department under the Ministry of National Defense provides information and guidance on procedures to support victims in exercising their right to compensation within the scope managed by the Ministry of National Defense.

3. Depending on specific circumstances, the provision of information and guidance on procedures to support the exercise of the right to compensation shall be carried out in writing or through direct exchanges with victims.

Chapter V

MONITORING, URGENCY AND INSPECTION

Section 1. MONITORING OF COMPENSATION SETTLEMENT ACTIVITIES

Article 11. Implementation of Monitoring of Compensation Settlement Activities

5

1. Responsibilities for Monitoring

a) The State Compensation Department advises and assists the Minister of Justice in summarizing and generally monitoring compensation settlement activities nationwide;

b) The Civil Enforcement General Department under the Ministry of Justice specifically monitors compensation settlement activities within its jurisdiction;

c) The Civil Enforcement Department of provinces and centrally-administered cities (hereinafter referred to collectively as the Provincial Civil Enforcement Department) specifically monitors compensation settlement activities within its jurisdiction;

d) The Legal Affairs Department under the Ministry of National Defense advises and assists the Minister of National Defense in summarizing and generally monitoring compensation settlement activities within its jurisdiction;

e) The Civil Enforcement Department under the Ministry of National Defense specifically monitors compensation settlement activities within its jurisdiction.

2. Contents of Monitoring

a) The situation of requests for compensation and compensation settlement;

b) Responsibility for reporting in accordance with the provisions of the law on the responsibility for state compensation.

Article 11a. Implementation of Monitoring of Financial Assessment, Payment of Compensation Money, and Consideration of Liability for Repayment

6

1. Responsibilities for Monitoring

a) The State Compensation Department advises and assists the Minister of Justice in summarizing and generally monitoring financial assessment, payment of compensation money, and consideration of liability for repayment nationwide;

b) The Civil Enforcement General Department under the Ministry of Justice specifically monitors the payment of compensation money and consideration of liability for repayment within its jurisdiction;

c) The Provincial Civil Enforcement Department specifically monitors the payment of compensation money and consideration of liability for repayment within its jurisdiction;

d) The Legal Affairs Department under the Ministry of National Defense advises and assists the Minister of National Defense in summarizing and generally monitoring financial assessment, payment of compensation money, and consideration of liability for repayment within its jurisdiction;

e) The Civil Enforcement Department under the Ministry of National Defense specifically monitors the payment of compensation money and consideration of liability for repayment within its jurisdiction.

2. Contents of Monitoring

a) Financial assessment, payment of compensation money, and consideration of liability for repayment;

b) Responsibility for reporting in accordance with the provisions of the law on the responsibility for state compensation.

Article 12. Basis for monitoring the activities of compensation settlement, review of funding allocation, payment of compensation, and consideration of liability for repayment

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1. Report on the results of compensation settlement by the responsible compensation agency.

2. Report on compensation work.

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

4. Complaints and denunciations from individuals and organizations.

5. Information from the press regarding compensation work.

Article 13

8.

(Repealed)

Section 2. PROMPTING THE ACTIVITIES OF COMPENSATION SETTLEMENT

Article 14. Implementation of prompting the activities of compensation settlement

9

1. The Enforcement Agency of Civil Judgments General Department under the Ministry of Justice shall prompt the activities of compensation settlement within its jurisdiction.

2. The Provincial Civil Enforcement Agency shall prompt the activities of compensation settlement within its jurisdiction.

3. The Legal Affairs Department of the Ministry of National Defense shall advise and assist the Minister of National Defense in prompting the activities of compensation settlement within the jurisdiction of the Ministry of National Defense.

4. The Enforcement Agency of the Ministry of National Defense shall prompt the activities of compensation settlement within its jurisdiction.

5. The State Compensation Agency shall advise and assist the Minister of Justice in prompting in the following cases:

a) If the agencies specified in Clauses 1, 2, 3, and 4 of this Article fail to implement prompting within the time limit prescribed in Clause 1 of Article 16 of this Joint Circular.

b) If the responsible compensation agency has been prompted but fails to settle compensation as prescribed.

Article 14a. Implementation of prompting the review of funding allocation, payment of compensation, and consideration of liability for repayment

10

1. The State Compensation Agency shall advise and assist the Minister of Justice in prompting the review of funding allocation, payment of compensation, and consideration of liability for repayment nationwide.

2. The Enforcement Agency of Civil Judgments General Department under the Ministry of Justice shall prompt the payment of compensation and consideration of liability for repayment within its jurisdiction.

3. The Provincial Civil Enforcement Agency shall prompt the payment of compensation and consideration of liability for repayment within its jurisdiction.

4. The Legal Affairs Department of the Ministry of National Defense shall advise and assist the Minister of National Defense in prompting the review of funding allocation, payment of compensation, and consideration of liability for repayment within the jurisdiction of the Ministry of National Defense.

5. The Enforcement Agency of the Ministry of National Defense shall prompt the payment of compensation and consideration of liability for repayment within its jurisdiction.

Article 15. Basis for implementing prompting the activities of compensation settlement, review of funding allocation, payment of compensation, and consideration of liability for repayment

11

1. Decision on complaint resolution, conclusion on the content of denunciation by competent state agencies.

2. Results of monitoring and inspecting compensation work.

3. Information from the press regarding compensation work.

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

Article 16. Procedure for prompting the activities of compensation settlement

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1. Within ten days from the date of receipt of information and documents serving as the basis for prompting as stipulated in Article 15 of this Joint Circular, the competent authority specified in Article 14 of this Joint Circular shall issue a prompting document to the responsible compensation agency.

2. The prompting document must clearly specify the content, deadline, and implementation responsibility of the prompted agency.

3. The prompting document shall be sent to the prompted agency, the immediate superior supervisory agency of the prompted agency, and relevant state management agencies concerning compensation work.

4. Within five working days from the completion of the content of the prompting document, the prompted agency shall report in writing and send it to the prompting agency and the immediate superior supervisory agency about the results of implementation.

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

Article 16a. Procedures for Urging the Examination of Funding Allocation, Compensation Payment, and Liability Review

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Clause 1. Within five working days from the date of receipt of information and documents serving as the basis for urging as stipulated in Article 15 of this Joint Circular, the authority with competence as specified in Article 14a of this Joint Circular shall issue a document urging the responsible agency to examine funding allocation, compensation payment, and liability review.

Clause 2. The document must clearly state the content, deadline, and responsibilities of the agency being urged.

3. The prompting document shall be sent to the prompted agency, the immediate superior supervisory agency of the prompted agency, and relevant state management agencies concerning compensation work.

Clause 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 the report to the agency that issued the urging document and the immediate superior agency regarding the results of implementation.

Section 3. INSPECTION OF STATE COMPENSATION WORK

Article 17. Inspection of Compensation Work

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Clause 1. The State Compensation Department advises and assists the Minister of Justice in inspecting compensation work nationwide.

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

Clause 3. The Provincial Civil Enforcement Department inspects activities related to compensation resolution within its jurisdiction.

Clause 4. The Legal Affairs Department of the Ministry of National Defense advises and assists the Minister of National Defense in inspecting compensation work within the Ministry of National Defense's jurisdiction.

Clause 5. The Civil Enforcement Department of the Ministry of National Defense inspects activities related to compensation resolution within its jurisdiction.

Article 17a. Principles of Inspection of Compensation Work

15

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

Point 1. Accuracy, objectivity, transparency, democracy, and promptness; not hindering the normal operation of the inspected entity.

Point 2. Correct in content, scope, subject, and time limit according to the Decision or Plan for inspection; complying with the procedures, processes, and inspection authority as prescribed in Articles 17 and 17b of this Joint Circular.

Article 17b. Procedure and Process for Inspection

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Point 1. Issuing a Decision or issuing an Inspection Plan.

Point 2. Announcing the Decision or Inspection Plan.

Point 3. The Head of the Inspection Team requests the inspected entity to report on the inspection content; provide relevant information and documents related to the inspection content.

Point 4. The inspected entity has the responsibility to explain and clarify issues requested by the Inspection Team (if any).

Point 5. Within ten days from the end of the inspection, the Inspection Team builds a draft report on the inspection results to submit to the agency that issued the Decision or issued the Inspection Plan.

Point 6. Within five working days from the date the inspection result report is approved, the agency that issued the Decision or issued the Inspection Plan must issue an Inspection Conclusion and notify the inspected entity.

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

Article 18. Basis for Inspection

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Clause 1. The annual plan of the state management agency on compensation work.

Clause 2. Requests from individuals, agencies, or organizations with authority.

Clause 3. Results of monitoring and urging compensation work.

Clause 4. Decisions on complaint resolution, conclusions of the content of accusations by competent state agencies.

Clause 5. Reports on compensation work.

Article 19. Forms of Inspection

1. Regular inspections are carried out annually by state management agencies for compensation work according to plans approved by the head of the agency.

2. Spot inspections are conducted when there are grounds specified in Clause 2 and Clause 3 of Article 18 of this Joint Circular.

Article 20. Contents of Inspection

State management agencies for compensation work organize inspections on the following contents of state compensation work:

1. The legality and correctness of compensation resolution, payment of compensation money, and consideration of responsibility for repayment.

2. Implementation of reports on the results of compensation resolution.

3. State management of compensation work and implementation of other tasks related to compensation as prescribed by law.

Article 21. Inter-agency Inspections on Compensation Work

1. In cases where there is a request from a competent state management agency or when it is deemed necessary to serve state management activities regarding compensation work, the Ministry of Justice shall take the lead and coordinate with relevant agencies involved in civil enforcement activities to conduct inter-agency inspections on compensation work.

2. The inspection contents are implemented in accordance with the provisions of Article 20 of this Joint Circular.

Article 21a. Composition of the Inspection Team, Duties and Authorities of the Head of the Inspection Team

18

1. The inspection team consists of the Head and members. The Head of the inspection team is a representative of the leadership of the state management agency for compensation work. Members of the inspection team include representatives of 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 authorities:

a) Directing the inspection team to implement the content and time frame recorded 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 in accordance with 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.

Article 22. Rights and Obligations of the Inspected Entity

19

1. The inspected entity has the following rights:

a) To explain issues related to the inspection content;

b) To appeal and lodge complaints 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 required by the inspection team; to be responsible under the law for the accuracy and honesty of the provided information and documents;

c) To implement requests and conclusions of the inspection team and competent state agencies.

Article 23. Measures After Inspection

1. After completing the inspection activity, the inspection team sends the report on the inspection results to the agency that issued the inspection decision, while also sending it to the Ministry of Justice (National Compensation Bureau and Civil Enforcement General Department) to serve state management of compensation work.

2. In cases where signs of violation of the law are detected, the inspecting agency handles them within its authority or recommends the competent state agency to take measures and rectify consequences in accordance with the law.

Chapter VI

STATISTICS, COMBINATION, REPORTS ON COMPENSATION WORK

Article 24. Types of reports, data collection periods, and reporting formats

20

1. Periodic reports

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

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

Reports shall be carried out according to the model issued together with this Joint Circular.

2. Report on compensation work upon request of competent state agencies.

3. Reporting formats

a) Written paper reports 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 provisions of the law or sent as scanned paper documents (PDF format).

Article 24a. Data Statistics

21

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

2. The periodic data compilation period shall be carried out as prescribed in point a, b of Clause 1 of Article 24 of this Joint Circular.

Article 25. Responsibilities for Reporting on Compensation Work

22

1. The Civil Enforcement Office shall periodically compile, review, summarize, 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, and simultaneously send it to the Justice Department for consolidation of the overall situation regarding administrative management of compensation work at the local level.

2. The Provincial Civil Enforcement Office shall periodically compile, review, summarize, and evaluate the implementation of compensation within its jurisdiction every six months (before April 15) and annually (before October 15), sending it to the Civil Enforcement General Department under the Ministry of Justice, and simultaneously send it to the Department of Justice for consolidation of the overall situation regarding administrative management of compensation work at the local level.

3. The Civil Enforcement General Department under the Ministry of Justice shall periodically review and summarize the compensation work nationwide every six months and annually, reporting to the Ministry of Justice, and simultaneously send it to the State Compensation Bureau under the Ministry of Justice.

4. The Civil Enforcement Office of the Military Region shall periodically compile, review, summarize, 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 Department under the Ministry of National Defense.

5. The Civil Enforcement Department under the Ministry of National Defense shall periodically compile, summarize, 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 National Defense, and simultaneously send it to the Legal Affairs Department under the Ministry of National Defense.

6. The Legal Affairs Department under the Ministry of National Defense shall periodically review and summarize the compensation work within the jurisdiction of the Ministry of National Defense every six months and annually, sending it to the Ministry of Justice.

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

Chapter VII

IMPLEMENTING PROVISIONS

23

Article 26. Effective date

This Joint Circular takes effect from March 16, 2013.

Article 27. Responsibility for Implementation and Organization of Execution

1. The Ministry of Justice, the Ministry of National Defense, and agencies responsible for compensation, state management agencies regarding compensation work in civil enforcement activities, related agencies and organizations shall be responsible for implementing this Joint Circular.

2. In the course of implementation, if there are difficulties or obstacles, individuals and organizations are requested to report to the Ministry of Justice and the Ministry of National Defense for coordination in research and resolution.

CERTIFIED CONSOLIDATED DOCUMENT DEPUTY MINISTER DEPUTY MINISTER Nguyen Khanh Ngoc

Appendix I: Report on Compensation Cases (Annexed to Joint Circular No. 04/2013/TTLT-BTP-BQP dated February 1, 2013 guiding the implementation of state management over compensation work in civil enforcement activities): (Repealed)

Appendix II: Report on State Management Activities Regarding Compensation Work (Annexed to Joint Circular No. 04/2013/TTLT-BTP-BQP dated February 1, 2013 guiding the implementation of state management over compensation work in civil enforcement activities): (Repealed)

Appendix III: Situation of Compensation Requests and Resolution of Compensation Requests (Attached to the Report on State Management Activities Regarding Compensation Work): (Repealed)

Model

Report on State Management Activities Regarding Compensation Work
(Annexed to Joint Circular No. 16/2015/TTLT-BTP-BQP dated November 19, 2015 amending and supplementing certain provisions of Joint Circular No. 04/2013/TTLT-BTP-BQP dated February 1, 2013 guiding the implementation of state management over compensation work in civil enforcement activities)

NAME OF AUTHORITY -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
	..., date..., month..., year.....

REPORT

State Management Activities Regarding Compensation Work
(from..., month..., year... to..., month..., year...)

Implementing state management tasks regarding compensation work,... (agency drafting the report) reports as follows:

I. ASSESSMENT OF THE SITUATION AND RESULTS OF IMPLEMENTING THE LAW ON STATE RESPONSIBILITY FOR COMPENSATION (STATE COMPENSATION LAW) AND GUIDING DOCUMENTS

1. Construction of guiding documents for the implementation of the State Compensation Law by the agency - Column (7): Land area in land allocation decisions, lease decisions, or documents of the competent authority or actual land area managed and used (applicable to assets that are buildings and land).

2. Results of implementing state management tasks regarding compensation work in civil enforcement activities

2.1. Work on improving organizational structure and staffing to ensure the implementation of state management tasks regarding compensation work

- Statistics on the number of civil servants engaged in compensation work at the agency.

- Evaluation of the cadre of civil servants engaged in compensation work at the agency.

2.2. Work on disseminating, educating about the State Compensation Law within its jurisdiction

- Forms of dissemination and education that have been applied and implemented.

- Evaluation of compliance with the provisions of the State Compensation Law.

2.3. Work on training skills and expertise for resolving compensation claims for civil servants handling compensation work within their jurisdiction

- Organizing, coordinating to organize training sessions for skill and expertise development.

- Evaluation of results.

2.4. Implementation of specialized management of state compensation

- Work on identifying agencies responsible for compensation.

- Work on guiding procedures for resolving compensation claims.

- Work on answering legal questions, providing information, and guiding procedures to assist victims in exercising their right to compensation.

- Work on monitoring, urging, and inspecting.

- Reporting and statistics on compensation work.

- Coordination in state management of compensation work.

3. Situation of compensation requests, resolution of compensation claims, and implementation of responsibility for repayment within the scope of management

- Situation of compensation requests within the scope of responsibility and authority of the agency.

- Situation and results of resolving compensation claims.

- Situation of payment of compensation money.

- Situation of budget approval and payment of compensation money (within and outside the reporting period) reported by the Ministry of Finance.

- Unresolved cases and reasons.

- Situation regarding the review and implementation of responsibility for repayment by civil servants whose illegal actions caused damage.

4. General assessment of achievements

- On the effectiveness of implementing the State Compensation Law at the agency.

- On the impact of the State Compensation Law and guiding documents.

- Lessons learned from implementing the State Compensation Law.

5. Difficulties and shortcomings and causes

- In the provisions of the State Compensation Law and guiding documents.

- In the implementation process (organization, staffing, funding, cooperation between relevant agencies...).

II. PROPOSALS, RECOMMENDATIONS, AND SOLUTIONS

1. Recommendations

1.1. Regarding institutional framework

- Recommendations for amendments and supplements to the State Compensation Law and guiding documents.

- Recommendations for improvements and innovations in state management activities regarding compensation work; resolving state compensation claims and implementing responsibility for repayment.

1.2. Regarding the organization of implementation of the State Compensation Law

- Difficulties and obstacles encountered during the organization of implementation of the State Compensation Law.

- Recommendations to address limitations, obstacles, and inadequacies in the practical implementation of the State Compensation Law.

2. Solutions

- Short-term solutions.

- Long-term solutions.

Place of Receipt: - State management agency regarding compensation work (for reporting); - To be filed: VT,...

HEAD OF THE UNIT (Signature, stamp)

ANNEX I

NAME OF AUTHORITY -------

SITUATION OF COMPENSATION REQUESTS AND RESOLUTION OF COMPENSATION CLAIMS IN CIVIL ENFORCEMENT ACTIVITIES (six months, year) Deposit (From..., month..., year... to..., month..., year...)

I. SITUATION OF COMPENSATION REQUESTS AND RESOLUTION OF COMPENSATION CLAIMS IN CIVIL ENFORCEMENT ACTIVITIES

Level of report	Number of cases accepted for handling (cases)			Resolution results
				Number of cases with effective legal compensation resolution documents (cases)			Number of ongoing cases (cases)	Amount of compensation in effective legal compensation resolution documents (VND)	Amount approved by financial management agency for payment to victims (VND)	Amount paid to victims (VND)
	(thousand dong/year)	Divided into		(thousand dong/year)	Divided into
		Signature, name	Carried forward from previous period		Decision on compensation resolution by the agency responsible for compensation	Civil judgment or decision on state compensation
	(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)
Central
Tinh
District

Guidance on calculation method and recording column I:

- Column 1: Record total number of cases accepted (Column 1 = Column 2 + Column 3).

- Column 2: Record the number of new cases accepted in the reporting period.

- Column 3: Record the number of cases currently being resolved (in cases where the responsible agency has accepted for resolution but has not yet issued an effective legal decision on compensation, or in cases where there is already an effective legal decision on compensation but the person suffering damage disagrees and continues to file a lawsuit with the court for resolution in accordance with Article 22 of the Law on State Compensation Liability).

- Column 4: Record the total number of cases with effective legal compensation settlement documents (Column 4 = Column 5 + Column 6).

- Column 5: Record the number of cases with effective legal decisions on compensation issued by the responsible compensation agency.

- Column 6: Record the number of cases where the responsible compensation agency has issued a decision on compensation but the person suffering damage disagrees and requests the court to resolve through civil litigation procedures, and the court has issued a judgment or decision with legal effect.

- Column 7: Record the number of cases currently being resolved (cases without effective legal compensation settlement documents) to be carried over to the next reporting period (Column 7 = Column 1 - Column 4).

- Column 8: Record the total amount that the responsible compensation agency must compensate to the person suffering damage (according to the compensation resolution decision; judgment or decision on compensation issued by the court with legal effect).

- Column 9: Record the total amount approved by the financial management agency for payment to the person suffering damage.

- Column 10: Record the total amount paid to the person suffering damage (according to the compensation resolution decision; judgment or decision on compensation issued by the court with legal effect).

II. SITUATION OF IMPLEMENTATION OF RESPONSIBILITY FOR REPAYMENT IN CIVIL ENFORCEMENT ACTIVITY

Level of report	Number of cases generating responsibility for repayment (cases)		Number of cases examined for responsibility for repayment (cases)	Amount to be repaid according to effective legal repayment decisions (VND)	Number of cases completed repayment (cases)		Amount repaid (VND)
	Signature, name	Carried forward from previous period			Signature, name	Carried forward from previous period	Signature, name	Carried forward from previous period
	(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)
Central
Tinh
District

Prepared by (Signature, full name)

Checked by (Signature, full name)

Date...month...year... Head of the Agency (Signature, stamp, full name)

ANNEX II

NAME OF AUTHORITY -------

LIST OF CASES RESOLVED ON COMPENSATION CLAIMS
PURSUANT TO THE LAW ON STATE COMPENSATION LIABILITY

No.	Responsible compensation agency / Court resolving compensation	Name, address of the person requesting compensation	Date of acceptance for resolution of compensation claim	Decision number, date of issuance of compensation resolution decision or court judgment/decision with legal effect	Compensation amount according to compensation resolution decision or court judgment/decision with legal effect (VND)	Date of payment of compensation according to compensation resolution decision, court judgment/decision with legal effect	Amount to be repaid (VND)	Amount repaid (VND)	Remaining amount to be repaid (VND)
	(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)
1
2
3

Prepared by (Signature, full name)

Checked by (Signature, full name)

Date...month...year... Head of the Agency (Signature, stamp, full name)

Instructions on calculation method and recording:

- Column 1: Responsible compensation agency resolving compensation or court resolving compensation.

- Column 2: Record information of the person requesting compensation (name, address).

- Column 3: Record the date of acceptance for resolution of the compensation claim.

- Column 4: Record the decision number and issuance date of the compensation resolution decision or court judgment/decision with legal effect.

- Column 5: Record the compensation amount according to the compensation resolution decision or court judgment/decision with legal effect.

- Column 6: Record the date of payment of compensation according to the compensation resolution decision, court judgment/decision with legal effect.

- Column 7: Record the amount to be repaid according to the effective legal repayment decision.

- Column 8: Record the amount repaid according to the effective legal repayment decision.

- Column 9: Record the remaining amount to be repaid according to the effective legal repayment decision.