Circular No. 55/2012/TT-BCA stipulates the responsibility for state management of compensation work in the People's Public Security.

CIRCULAR

Article 24stipulating the responsibility for state managementregarding compensation workCFORCE

_________________________________

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

Pursuant to Decree No. 77/2009/NĐ-CP dated September 15, 2009 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

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;

At the proposal of the Director of the Legal Department;

The Minister of Public Security issues this Circular stipulating the responsibility for state management regarding compensation work in the People's Public Security.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the principles and allocation of responsibilities for state management regarding compensation work and the resolution of compensation in the People's Public Security.

Article 2. Applicability

This Circular applies to units and local public security organs, fire prevention and firefighting departments, officers and soldiers of the People's Public Security, and organizations and individuals related to compensation work.

Article 3. Principles of state management regarding compensation work and the resolution of compensation in the People's Public Security

1. Compliance with the Law on State Compensation Liability, 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, and the provisions of this Circular.

2. The resolution of compensation must ensure:

a) Timeliness and transparency;

b) Being conducted based on negotiations between the responsible compensation authority and the person suffering damage or their lawful representative;

c) The person receiving compensation shall be paid in one lump sum in cash, except where the parties have agreed otherwise.

Chapter II

ALLOCATION OF RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS IN STATE MANAGEMENT REGARDING COMPENSATION WORK

Article 4. Responsibilities for state management regarding compensation work

1. The Minister of Public Security shall uniformly manage state administration regarding compensation work in the People's Public Security.

The Legal Affairs Department shall be responsible for assisting the Minister of Public Security in implementing state management regarding compensation work in the People's Public Security.

2. The Directors of General Departments, Heads of units directly under the Ministry, Provincial Public Security Directors, and Directors of provincial fire prevention and firefighting departments (collectively referred to as Provincial Public Security); County, District, City, and Town Public Security Chiefs (collectively referred to as County-level Public Security) shall be responsible for state management regarding compensation work of their respective agencies and units.

Departments performing legal affairs under general departments; offices performing legal affairs under units directly under the Ministry; Legal Affairs Offices or Public Security Offices at the provincial level, and legal affairs teams at the county-level Public Security shall be responsible for assisting the Heads of Public Security units and localities in carrying out tasks of state management regarding compensation work of their respective units and localities.

Article 5. Responsibilities of the Legal Affairs Department

1. Advising and assisting the Minister of Public Security in issuing regulations within their authority or submitting them to competent authorities for issuance, amendment, or supplementation of legal documents on state compensation liability within the scope of the Ministry's management.

2. Guiding the application of laws on the resolution of state compensation in the People's Public Security.

3. Organizing training and capacity building for officers and soldiers engaged in compensation work at various Public Security units and localities on skills and procedures for resolving state compensation.

4. Advising and assisting the Minister of Public Security in determining the responsible unit for compensation when the person suffering damage cannot identify the responsible agency, in cases where the damaging agency is a general department or a unit directly under the Ministry; Provincial Public Security resolves disputes over state compensation liability according to Articles 1 and 2, Clause 8 of this Circular.

5. Advising and assisting the Minister of Public Security in summarizing and evaluating the implementation of state compensation work in the People's Public Security.

6. Monitoring, statistics, and reporting on state compensation work in the People's Public Security.

7. Cooperating with functional units to implement inspections, audits, handling violations, and resolving complaints and denunciations regarding state compensation work in accordance with the law.

8. Urging the payment of compensation and the fulfillment of repayment obligations in the People's Public Security.

9. Assisting the Minister of Public Security in coordinating with the Ministry of Justice to perform tasks and exercise rights of state management regarding state compensation work.

Article 6. Responsibilities of bureaus implementing legal affairs under the General Department; offices implementing legal affairs under units directly under the Ministry; Legal Affairs Office, Provincial Public Security Office; offices implementing legal affairs under fire prevention and fighting departments, Police Legal Affairs Teams at county-level public security agencies.

1. Guide the application of laws on state compensation for bureaus under the General Department; offices under units directly under the Ministry; units under provincial-level public security agencies, police teams at county-level public security agencies, offices under fire prevention and fighting departments.

2. Organize training and enhance skills and expertise in state compensation for officers and soldiers working in compensation tasks at bureaus under the General Department; offices under units directly under the Ministry; units under provincial-level public security agencies, county-level public security agencies; offices under fire prevention and fighting departments.

3. Monitor, statistics, and report on state compensation work of the General Department, units directly under the Ministry, provincial-level public security agencies.

4. Coordinate with functional units to implement inspections, audits, handling of violations, and resolution of complaints and denunciations regarding state compensation work according to the provisions of the law.

5. Monitor and urge the payment of state compensation and the fulfillment of repayment responsibilities of the General Department, units directly under the Ministry, provincial-level public security agencies.

6. Advise and assist the General Department Director, Heads of units directly under the Ministry, provincial-level public security agencies, county-level public security agencies in determining responsible compensation units when the person suffering damage cannot identify the responsible compensation agency, when the damaging agency is a unit under the General Department, a unit directly under the Ministry, a provincial-level public security agency, a county-level public security agency, resolving disputes about state compensation responsibility according to the provisions of Clauses 3 and 4, Article 8 of this Circular.

7. The Legal Affairs Office, Provincial Public Security Office has the responsibility to assist the Provincial Public Security Director in coordinating with the Department of Justice to perform state management functions and powers over compensation work at the local level.

8. When the responsible compensation agency resolves compensation, report to the Legal Affairs Department on the following compensation resolution matters:

a) Accepting claims for compensation;

b) Decisions on compensation resolution;

c) Organizations or individuals who initiate lawsuits requesting the Court to resolve compensation;

d) Payment procedures for compensation funds.

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

9. Regularly every six months and annually, compile statistics and evaluate compensation resolution within their own units and report to the Ministry of Public Security (through the Legal Affairs Department) for consolidation. The reporting period for six months is from October 1 of the previous year to March 30 of the reporting year, and the report must be submitted before April 15; the annual reporting period is from October 1 of the previous year to September 30 of the reporting year, and the report must be submitted before October 15.

Article 7. Responsibilities of County-level Public Security Agencies

1. Coordinate with the Legal Affairs Office or the Provincial Public Security Office to advise and assist the Provincial Public Security Director in determining responsible compensation units when the person suffering damage cannot identify the compensation agency or there is a dispute over compensation responsibility related to their own compensation responsibility.

2. Report to the Provincial Public Security Director (through the Legal Affairs Office or the Provincial Public Security Office) on compensation resolution matters as stipulated in Clause 8, Article 6 of this Circular.

3. Regularly every six months and annually, compile statistics and evaluate compensation resolution within their own units and report to the Provincial Public Security Director (through the Legal Affairs Office or the Provincial Public Security Office). The reporting periods for six months and annually are implemented according to the provisions of Clause 9, Article 6 of this Circular.

Article 8. Resolution of disputes regarding liability for compensation

1. In cases where disputes arise regarding liability for compensation between the Ministry of Public Security and other ministries and agencies, the Legal Affairs Department shall advise and assist the Minister of Public Security to coordinate with the Ministers or Heads of equivalent ministries and related agencies to examine and agree on the responsible entity for compensation.

2. In cases where disputes arise regarding liability for compensation among bureaus under the General Departments, units directly under the Ministry, provincial public security organs, provincial fire prevention and firefighting departments, the Legal Affairs Department shall advise and assist the Minister of Public Security to examine and decide on the public security unit or local authority responsible for compensation.

3. In cases where disputes arise regarding liability for compensation among bureaus under general departments, departments under units directly under the Ministry, among units under provincial-level public security organs; between public security organs at the county, district, city, and provincial town levels, the legal affairs bureau with the function of implementing legal work under the general department or the department-level unit directly under the Ministry; the Legal Affairs Department or the Office of the Provincial Public Security shall be responsible for advising and assisting the Director of the General Department, Head of the public security organ, or local authority to examine and determine the responsible entity for compensation.

4. In cases where disputes arise regarding liability for compensation between provincial-level public security organs and other provincial-level agencies, the Legal Affairs Department or the Office of the Provincial Public Security shall advise and assist the Provincial Public Security Director to examine and agree on the responsible entity for compensation.

Chapter III

IMPLEMENTING PROVISIONS

Article 9. Effective Date

This Circular takes effect from November 5, 2012.

Article 10. Responsibility for Implementation

1. The Directors of General Departments, Heads of units directly under the Ministry, Directors of Public Security, and Directors of provincial Fire Prevention and Firefighting Departments under centrally governed cities shall be responsible for organizing the implementation of this Circular within their respective functions, duties, and authorities.

2. The Head of the Legal Affairs Department shall be responsible for monitoring, inspecting, and guiding the implementation of this Circular. Any difficulties or issues encountered during the implementation of this Circular should be reported to the Ministry of Public Security (through the Legal Affairs Department) for timely guidance.