Decree No. 68/2018/ND-CP detailing a number of articles and measures to implement the Law on State Compensation Liability

DECREE

Detailed provisions on certain articles and implementation measures

of the Law on State Compensation Liability

Based on the Law on the Organization of the People's Public Security dated June 19, 2015;

Based on the Law on State Compensation Liability dated June 20, 2017;

At the proposal of the Minister of Justice;

The Government issues this Decree to provide detailed provisions on certain articles and implementation measures of the Law on State Compensation Liability.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides detailed provisions on certain Articles of the Law on State Compensation Liability (hereinafter referred to as the Law) regarding damage subject to compensation, procedures for handling compensation claims, liability for reimbursement by public officials causing damage, and certain organizational implementation measures of the Law.

Article 2. Applicability

This Decree applies to compensation settlement agencies, state management agencies for state compensation work, persons suffering damage, claimants for compensation, compensation handlers, public officials causing damage, and other agencies, organizations, and individuals related to state compensation work.

Chapter II

DAMAGE SUBJECT TO COMPENSATION

Article 3. Determination of damage caused by infringement of property as stipulated in Article 23 of the Law

1. The market price of similar property or property with the same functions, technical standards, effects, and quality on the market as stipulated in Clause 1, Article 23 of the Law is the average transaction price of three such properties provided by three different businesses on the market.

2. The market as stipulated in Clause 1, Article 23 of the Law is the market within the scope of a district, town, urban district, or provincial city (hereinafter referred to as the district-level market) where actual damage occurred.

In case there is no similar property or property with the same functions, technical standards, effects, and quality in the district-level market where actual damage occurred, the market shall be the nearest district-level market within the province or centrally governed municipality.

3. The degree of depreciation of the property as stipulated in Clause 1, Article 23 of the Law is determined according to the legal regulations on the management, use, and depreciation of fixed assets.

4. The market price for repairing and restoring damaged property as stipulated in Clause 2, Article 23 of the Law is the average transaction price on the district-level market as stipulated in Clause 2 of this Article for repairing and restoring the property provided by three different repair and restoration service providers on the market.

5. In case it is not possible to determine the market price according to the provisions of Clauses 1 and 4 of this Article, the compensation settlement agency shall appraise the property according to the provisions of Clause 1, Article 17 of this Decree.

6. The average monthly rental price of similar movable property or property with the same functions, technical standards, effects, and quality as stipulated in Clause 3, Article 23 of the Law is the average monthly rental price of three such properties provided by three different rental providers on the market. The market is determined according to the provisions of Clause 2 of this Article.

The average monthly rental price for immovable property is the average monthly rental price of three similar immovable properties of the same quality provided by three different rental providers on the market. The market is determined according to the provisions of Clause 2 of this Article.

7. The time when damage occurs as stipulated in Clause 1 and Clause 3, Article 23 of the Law is the day when actual damage occurred.

Article 4. The period serving as the basis for determining damages caused by the infringement of property as stipulated in Clauses 3, 4, and 5 of Article 23 of the LawClause 3, 4 and 5 of Article 23 of the Law

1. The period for calculating actual income loss as stipulated in Clause 3 of Article 23 of the Law due to the sale, loss of property shall be calculated from the date of sale, loss of property until the time the claim for compensation is accepted for handling pursuant to Article 43 of the Law or until the time when the court of first instance determines the value of damage as provided in Clause 1 of Article 52 and Article 55 of the Law (hereinafter referred to as the acceptance and resolution time).

2. The period for calculating actual income loss as stipulated in Clause 3 of Article 23 of the Law due to not being able to use, exploit seized, temporarily detained, attached, illegally confiscated property or frozen accounts shall be calculated from the date of inability to use, exploit the property until the date the property is returned or the account is unfrozen.

3. The period for calculating interest as stipulated in Clause 4 of Article 23 of the Law on money paid into the state budget or confiscated, enforced, or deposited as security according to the decision of competent state agencies shall be calculated from the date of payment into the state budget, confiscation, enforcement, or deposit as security according to the decision of competent state agencies until the date such agencies return the money.

4. The period for calculating interest as stipulated in Clause 5 of Article 23 of the Law on fines for breach of obligations in civil transactions, economic activities shall be determined as follows:

a) For the interest on fines prescribed in paragraph 2 of Clause 5 of Article 23 of the Law, it shall be calculated from the date of payment of the fine until the date the person suffering damage has fully repaid the interest on the fine.

b) For the interest on fines prescribed in paragraph 3 of Clause 5 of Article 23 of the Law, it shall be calculated from the date of payment of the fine until the date of acceptance and resolution.

5. In cases where the damage stipulated in Clause 2, Clause 3, and point a of Clause 4 of this Article has not ceased at the time of acceptance and resolution, the period shall be calculated from the date of actual damage occurrence until the date of acceptance and resolution.

Article 5. The period serving as the basis for determining damages due to actual income loss or reduction as stipulated inArticle 24 of the Law

1. The period for calculating lost or reduced wages and salaries as stipulated in points a and b of Clause 1 of Article 24 of the Law shall be calculated from the date of non-receipt of wages and salaries or from the date of reduction of wages and salaries until the date of full receipt of wages and salaries, except as provided in Decrees 6, 7, 8, and 9.

If at the time of acceptance and resolution, the person suffering damage has not yet received full wages and salaries, the period stipulated in this Clause shall be calculated from the date of non-receipt of wages and salaries or from the date of reduction of wages and salaries until the date of acceptance and resolution.

2. The average wage and salary level of the three consecutive months prior to the occurrence of damage for unstable income from wages and salaries as stipulated in point b of Clause 1 of Article 24 of the Law shall be determined as the average wage and salary level of the three months with the most recent income before the damage occurred.

Article 6. The period of time serving as the basis for determining damage due to actual income loss or reduction as stipulated in Article 24 of the Law in cases where the person suffering damage is subject to measures such as placement in a specialized educational institution, compulsory educational facility, compulsory drug rehabilitation facility, or administrative temporary detention

1. The period of time serving as the basis for determining lost or reduced wages as stipulated in points a and b Clause 1 of Article 24 of the Law shall be calculated from the date the person suffering damage is placed in a specialized educational institution, compulsory educational facility, compulsory drug rehabilitation facility, or subjected to administrative temporary detention to the date such measures are completed.

2. The average wage level over three consecutive months for unstable income from wages shall be determined according to the provisions of Clause 2 of Article 5 of this Decree.

Article 7. The period of time serving as the basis for determining damage due to actual income loss or reduction as stipulated atArticle 24 of the Law in cases where civil servants from Deputy General Director and equivalent positions downwards are unlawfully dismissed

The period of time serving as the basis for determining lost or reduced wages of the person suffering damage who is a civil servant from Deputy General Director and equivalent positions downwards unlawfully dismissed shall be determined in the following cases:

1. At the time of acceptance and resolution, if the age of the person suffering damage is lower than the retirement age and the person has been reinstated in their job, the period of time shall be calculated from the effective date of the disciplinary decision to the date the person was reinstated.

If at the time of acceptance and resolution, the person suffering damage as stipulated in this Clause has not yet been reinstated, the period of time shall be calculated from the effective date of the disciplinary decision to the time of acceptance and resolution;

2. At the time of acceptance and resolution, if the age of the person suffering damage is equal to or higher than the retirement age, but before reaching the retirement age, the person has been reinstated, the period of time shall be calculated from the effective date of the disciplinary decision to the date the person was reinstated.

If at the time of acceptance and resolution, the person suffering damage as stipulated in this Clause has not yet been reinstated, the period of time shall be calculated from the effective date of the disciplinary decision to the date they reach the retirement age and the period of social insurance benefits received;

3. In cases where the person suffering damage dies before being reinstated, the period of time stipulated in this Article shall be calculated from the effective date of the disciplinary decision to the date of death of that person.

Article 8. The period of time serving as the basis for determining damage due to actual income loss or reduction as stipulated atArticle 24 of the Law in cases of damage occurring during criminal proceedings

1. The period of time serving as the basis for determining lost or reduced wages as stipulated in points a and b Clause 1 of Article 24 of the Law of persons suffering damage during criminal proceedings shall be determined in the following cases:

a) If the person suffering damage is held under emergency circumstances, the period of time shall be calculated from the date the person is held under emergency circumstances to the date they are released;

b) If the person suffering damage is prosecuted, indicted, tried, or sentenced and is temporarily detained, imprisoned, or serving a custodial sentence, the period of time shall be calculated from the date the person is arrested, temporarily detained, or imprisoned to the date such preventive measures are completed or from the start of the custodial sentence to the completion of the custodial sentence;

c) If the person suffering damage is prosecuted, indicted, tried, or sentenced without being temporarily detained, imprisoned, or serving a custodial sentence, the period of time shall be calculated from the date the person is prosecuted to the date a document serving as the basis for compensation claim is issued or the sentence is completed;

d) If the person suffering damage is prosecuted, indicted, tried, or sentenced with periods of temporary detention, imprisonment, or serving a custodial sentence and periods without such measures, the period of time shall be calculated from the date the person is prosecuted to the date such preventive measures are completed, the custodial sentence is completed, or a document serving as the basis for compensation claim is issued.

2. The average wage level over three consecutive months for unstable income from wages shall be determined according to the provisions of Clause 2 of Article 5 of this Decree.

Article 9. The period of time serving as the basis for determining damages due to actual income loss or reduction as stipulated in Article 24 of the Law in cases where the person suffering damage loses or diminishes their ability to work

1. The period of time serving as the basis for determining lost or reduced wages and salaries as stipulated in points a and b Clause 1 Article 24 of the Law of persons who lose or diminish their ability to work and have participated in social insurance shall be determined in the following cases:

a) In cases where the person suffering damage dies at an age lower than or equal to the retirement age, the period of time is calculated from the date the person is determined to have lost or diminished their ability to work until the date of death;

b) In cases where the person suffering damage dies at an age higher than the retirement age, the period of time includes the period from the date the person is determined to have lost or diminished their ability to work until they reach the retirement age and the period during which they receive social insurance benefits until the date of death;

c) In cases where the person suffering damage is still alive, the period of time includes the period from the date the person is determined to have lost or diminished their ability to work until they reach the retirement age and the period during which they receive social insurance benefits from the retirement age until they reach the average life expectancy announced by the competent authority plus ten years.

2. The period of time serving as the basis for determining lost or reduced wages and salaries as stipulated in points a and b Clause 1 Article 24 of the Law of persons who lose or diminish their ability to work but have not participated in social insurance shall be determined in the following cases:

a) In cases where the person suffering damage has died, the period of time is calculated from the date the person is determined to have lost or diminished their ability to work until the date of death;

b) In cases where the person suffering damage is still alive, the period of time is calculated from the date the person is determined to have lost or diminished their ability to work until the date they reach the average life expectancy announced by the competent authority plus ten years.

3. The average monthly wage or salary for the three consecutive months preceding the unstable income from wages or salaries is determined according to the provisions of Clause 2 Article 5 of this Decree.

Article 10. The period of time serving as the basis for determining material damages due to the death of the person suffering damage as stipulated in Article 25 of the Law and material damages due to the infringement of health as stipulated in Article 26 of the Law

1. The period of time for calculating health maintenance costs for the person suffering damage as stipulated in Clause 2 Article 25 of the Law or as stipulated in Clause 2 Article 26 of the Law is determined based on the actual number of days spent on medical examination and treatment recorded in the medical record.

2. The period of time for calculating costs for caregivers during the person suffering damage's medical examination and treatment as stipulated in Clause 3 Article 25 of the Law or as stipulated in Clause 3 Article 26 of the Law is determined based on the actual number of days when there was a caregiver present during the person's medical examination and treatment.

3. The period of time for calculating costs for caregivers of the person suffering damage who has lost their ability to work and has a regular caregiver as stipulated in point a Clause 4 Article 26 of the Law is determined in the following cases:

a) In cases where the person suffering damage has died, the period of time is calculated from the date the caregiver started caring until the date of death;

b) In cases where the person suffering damage is still alive, the period of time is calculated from the date the caregiver started caring until the date the person reaches the average life expectancy announced by the competent authority plus ten years;

c) In cases where the person suffering damage is still alive but later regains their ability to work, the period of time is calculated from the date the caregiver started caring until the date the person regains their ability to work.

Article 11. The period for determining damages for mental suffering as stipulated in Clause 3 of Article 27 of the Law

1. In cases where the person suffering damage is arrested, detained, imprisoned, or serving a custodial sentence as provided in point b Clause 3 of Article 27 of the Law, the period shall be calculated from the date the person suffering damage was arrested, detained, imprisoned, or began serving the custodial sentence until the date the preventive measure was completed, the person was released, or the custodial sentence was fully served.

2. In cases where the person suffering damage is not arrested, detained, imprisoned, or serves a non-custodial sentence as provided in point c Clause 3 of Article 27 of the Law, the period shall be calculated from the date the person suffering damage was indicted or began serving the sentence until the date the document serving as the basis for compensation claim was issued.

3. In cases where the person suffering damage serves a suspended sentence or a non-custodial corrective education sentence as provided in point d Clause 3 of Article 27 of the Law, the period shall be calculated from the date the person suffering damage began serving the non-custodial corrective education sentence or suspended sentence until the date the sentence was fully served.

4. In cases where the person suffering damage has completed serving the sentence according to the judgment or decision of the court and subsequently, a judgment or decision of a competent authority in criminal proceedings determines that the person falls under the category entitled to compensation in criminal proceedings as provided in point đ Clause 3 of Article 27 of the Law, the period shall be calculated from the date the person suffering damage completed serving the sentence until the date the document serving as the basis for the compensation claim was issued.

Article 12. Determining other expenses eligible for compensation as stipulated in Article 28 of the Law

1. Expenses for renting accommodation, travel costs, printing documents, and sending letters as provided in Clause 1 of Article 28 of the Law shall be compensated when the person requesting compensation lodges complaints, reports, participates in litigation, or requests compensation at one of the following authorities:

a) Authority with jurisdiction to resolve complaints;

b) Authority with jurisdiction to resolve reports;

c) Court with jurisdiction as prescribed by law on civil procedure;

d) Authority responsible for compensation as prescribed by the Law.

2. Expenses for renting accommodation, travel costs, printing documents, and sending letters as provided in Clause 1 of Article 28 of the Law shall be determined based on the number of times and the intervals between each complaint, report, participation in litigation, and request for compensation at the authorities specified in Clause 1 of this Article, in accordance with the laws on complaints, reports, litigation, and state responsibility for compensation. The actual number of complaints, reports, participation in litigation, and requests for compensation is determined as follows:

a) The number of complaints, reports, participation in litigation, and requests for compensation made upon the proposal of one of the authorities specified in Clause 1 of this Article to resolve complaints, adjudicate cases, and resolve compensation matters in accordance with the rights, deadlines, procedures, and formalities prescribed by the laws on complaints, reports, litigation, and state responsibility for compensation;

b) The actual number of complaints, reports, participation in litigation, and requests for compensation required to obtain a resolution of complaints, reports, judgments, or decisions of competent authorities in cases where such authorities fail to comply with the laws on complaints, reports, litigation, and state responsibility for compensation regarding deadlines, procedures, and formalities for resolving disputes.

3. Expenses for renting accommodation as provided in Clause 1 of Article 28 of the Law shall be determined corresponding to the actual working days between the person requesting compensation and one of the authorities specified in Clause 1 of this Article, plus one day before (if applicable) and one day after (if applicable).

Chapter III

PROCEDURES FOR RESOLVING COMPENSATION CLAIMS

Article 13. Acceptance of compensation claim files at the agency directly managing the public servant causing damage

In cases where the person requesting compensation has submitted the compensation claim file (hereinafter referred to as the file) to the Department of Justice in accordance with Clause 4, Article 41 of the Law within the statute of limitations for compensation claims, but at the time the file is received by the agency directly managing the public servant causing damage, the statute of limitations for compensation claims has expired, such agency must accept the file transferred by the Department of Justice.

Article 14. Methods of verifying damage as prescribed in Article 45 of the Law

1. The verification of damage shall be carried out according to one or more of the following methods:

a) Determining the damages that the State will compensate for in the compensation request document;

b) Requesting the person requesting compensation, individuals, and organizations related to provide documents and evidence related to the resolution of the compensation request in accordance with Article 16 of this Decree;

c) Organizing direct exchanges of opinions between the person requesting compensation and individuals or organizations related. The organization of opinion exchange must be recorded in a protocol, signed or fingerprinted by the individuals or organizations participating;

d) Proposing an appraisal of the documents and evidence provided by the person requesting compensation in the file if there is a basis to believe that these documents and evidence are forged or in other necessary circumstances;

đ) Examining and evaluating the current status of property at the location where the property was damaged;

e) Seeking written opinions from individuals and organizations related about the damage and the level of compensation requested by the person requesting compensation in the file in accordance with Article 18 of this Decree;

g) Valuing assets and appraising damage in accordance with Article 17 of this Decree;

h) In cases where one of the damages for which the person requesting compensation has provided complete documents and evidence in accordance with Article 15 of this Decree and in compliance with the provisions of the law, the person resolving compensation shall conduct on-site verification of that damage.

2. In cases where the parties agree to extend the deadline for verifying damage, the agreement must be recorded in a protocol and signed by the person resolving compensation and fingerprinted or signed by the person requesting compensation on each page of the protocol. The protocol must include the following main contents:

a) Date of recording the record;

b) Reasons for extending the deadline for verifying damage;

c) The extended deadline for verifying damage.

Article 15. Documents and evidence serving as the basis for verifying damage as prescribed in Article 45 of the Law

The verification of damage in specific cases shall be carried out based on one or more types of lawful documents and evidence as follows:

1. Verifying damage caused by the infringement of property shall be based on one or more types of documents and evidence related to: ownership, exploitation, and use of property; auction, seizure, temporary detention, attachment, confiscation of property, enforcement of judgments, loss of property, account freezing; return of property, condition of property damage, repair and restoration of property, leasing of property; borrowing money to pay into the state budget, fines for breach of civil transaction obligations, economic transactions; payment into the state budget, deposit to guarantee under the decision of competent authorities, fines for breach of civil transaction obligations, economic transactions; refunding money to the person suffering damage, the person suffering damage paying money to the person who lent money; valuation of property, damage appraisal; non-use and exploitation of property;

2. Verifying damage caused by actual income loss or reduction of the person suffering damage being an individual shall be based on one or more types of documents and evidence related to: payment of salary, wages, unstable income according to seasonal work; social insurance benefits of the person suffering damage;

3. Verifying material damage caused by the death of the person suffering damage and material damage caused by health infringement shall be based on one or more types of documents and evidence related to: medical examination and treatment at healthcare facilities; condition of loss or reduction in labor capacity of the person suffering damage; having someone regularly caring for the person suffering damage; performing maintenance obligations; death of the person suffering damage; damage appraisal;

4. Verifying mental damage shall be based on one or more types of documents and evidence related to: application of administrative education measures at commune, ward, town levels, administrative temporary detention measures, placement in educational institutions, compulsory educational facilities, compulsory drug rehabilitation centers; being held in urgent situations, being indicted, prosecuted, tried, sentenced, or subjected to preventive measures during criminal proceedings; death of the person suffering damage; degree of health impairment; disciplinary dismissal; damage appraisal;

5. Verifying other compensable expenses shall be based on one or more types of documents and evidence related to: renting accommodation, travel, printing documents, sending letters; hiring defense counsel, representatives of the legitimate rights and interests of the person suffering damage; visiting relatives of persons under temporary detention, pre-trial detention, persons serving sentences in criminal proceedings.

Article 16. Requesting the person seeking compensation, individuals, and organizations related to provide documents and evidence as stipulated in Clause 1 of Article 45 of the Law

1. The person resolving compensation may request the person seeking compensation to provide documents and evidence as the basis for verifying damage in the following cases:

a) Not providing the necessary documents and evidence proving the damage in the compensation claim document;

b) Providing documents and evidence but such documents and evidence are incomplete or not consistent with the damage described in the compensation claim document;

c) Providing documents and evidence but such documents and evidence cannot prove the causal relationship between the actual damage occurred and the act causing damage by the public servant.

2. The person resolving compensation may request individuals and organizations related to provide documents and evidence as the basis for verifying damage in the following cases:

a) Individuals and organizations related have documents and evidence proving the damage that the person seeking compensation cannot provide;

b) The person seeking compensation cannot provide the original document for comparison;

c) Confirming the content of the original documents and materials within their authority or responsibility provided to the damaged party to prove the damage when there is no longer an original copy.

Article 17. Valuation of assets and damage assessment as stipulated in Clause 1 of Article 45 of the Law

1. Asset valuation shall be carried out in the following cases:

a) Unable to determine the market price as prescribed in Clauses 1 and 4 of Article 3 of this Decree;

b) There is no similar asset or asset with the same technical specifications, function, and quality as the damaged asset on the market at the time of damage verification;

c) There has been a change in the condition of the damaged asset at the time of damage verification compared to the day the actual damage occurred, leading to changes in the technical specifications, function, and quality of the asset.

2. Damage assessment shall be carried out in the following cases:

a) There is disagreement between the person seeking compensation and the compensation resolution agency regarding the extent of asset damage or the nature and technical specifications of the asset or the extent of damage caused due to exceeding the requirements of an emergency situation;

b) There is no damage assessment result from the competent agency or organization regarding the degree of health impairment to serve as the basis for determining mental damage due to health infringement.

3. Asset valuation shall be conducted in accordance with the laws on pricing. Damage assessment shall be conducted in accordance with the laws on forensic appraisal.

4. Costs for asset valuation and damage assessment shall be handled as follows:

a) During the process of verifying damage, the person resolving compensation is responsible for identifying cases requiring asset valuation and damage assessment and proposing the head of the compensation resolution agency to allocate funds for asset valuation and damage assessment;

b) Within one working day from the date of receiving the proposal to allocate funds for asset valuation and damage assessment based on sufficient grounds as prescribed in this Decree and within the allocated administrative management budget, the head of the compensation resolution agency completes the allocation of funds for asset valuation and damage assessment;

Based on the allocated funds for asset valuation and damage assessment, the compensation resolution agency requests the competent financial authority to supplement the funds. Within five working days from the date of receipt of the request, the competent financial authority is responsible for supplementing the funds for the compensation resolution agency;

c) In case there is no remaining allocated administrative management budget, within two working days from the date of receipt of the proposal, the head of the compensation resolution agency issues a document requesting the competent financial authority to allocate funds for asset valuation and damage assessment. Within five working days from the date of receipt of the request document, the competent financial authority is responsible for allocating the funds for the compensation resolution agency. Within one working day from the date of receipt of the funds, the head of the compensation resolution agency completes the allocation of funds for asset valuation and damage assessment.

Article 18. Soliciting opinions from individuals and organizations related to damages and compensation amounts specified at Clause 1 of Article 45 of the Law

1. The person responsible for compensation shall solicit opinions in writing on damages and compensation amounts from one or more of the following individuals or organizations:

a) Specialized agencies under state management bodies within the relevant sectors and fields concerning the damages claimed for compensation;

b) Financial authorities with jurisdiction;

c) Experts in the relevant sectors and fields concerning the damages claimed for compensation and the amount of compensation requested.

2. The person responsible for compensation shall solicit opinions in writing from related individuals and organizations on damages and compensation amounts in the following cases:

a) Damages occurred at different times and relevant documents and evidence regarding the case are unclear and incomplete;

b) Damages have occurred for ten years or more prior to the date of acceptance and resolution;

c) The value of damages claimed by the individual requesting compensation in the file differs by two times or more from the verified damage results of the compensation resolution agency.

3. Within five working days from the date of receipt of the solicitation letter, the individual or organization solicited must respond in writing to the compensation resolution agency.

Article 19. Participating in verification of damages as stipulated at Clause 4, Article 45 of the Law

1. Complex cases as stipulated at Clause 4, Article 45 of the Law are cases falling into one of the following situations:

a) Multiple types of damages occurring at different times;

b) The amount of compensation requested in the compensation request exceeds five billion dong;

c) Having significant impact on local political security and social order.

2. Within two working days from the date of receipt of the request from the compensation resolution agency, the state management body on state compensation work and financial authorities with jurisdiction shall be responsible for dispatching representatives to participate in the damage verification process as stipulated at Clause 3 and Clause 4 of this Article.

3. Representatives of the Ministry of Justice and the Ministry of Finance shall participate in the damage verification process for complex cases as stipulated at Clause 1 of this Article when requested by the following compensation resolution agencies headquartered in Hanoi:

a) Ministries, ministerial-level agencies, and government-affiliated agencies;

b) General Departments, Bureaus, and other units with legal personality and separate accounts under ministries, ministerial-level agencies, or government-affiliated agencies;

c) Central agencies authorized to provide information according to the Law on Access to Information;

d) Central agencies applying necessary measures to protect whistleblowers according to the Law on Petitions;

đ) Central agencies issuing disciplinary decisions terminating employment for civil servants;

e) Investigation agencies and agencies tasked with conducting certain investigative activities at the central level;

g) High People's Procuratorates, Military Central Procuratorate, Supreme People's Procuratorate;

h) High People's Courts, Military Central Court, Supreme People's Court;

i) Criminal Enforcement Agencies in the Public Security System at the central level;

k) Criminal Enforcement Agencies in the People's Army System at the central level.

4. Representatives of Provincial Justice Departments and Provincial Finance Departments shall participate in the damage verification process for complex cases as stipulated at Clause 1 of this Article when requested by the compensation resolution agency, except where the compensation resolution agency is one of those specified at Clause 3 of this Article.

5. Agencies invited to participate in damage verification as stipulated at this Article shall be responsible for participating in damage verification together with the compensation resolution agency to ensure that damage verification is objective and in compliance with the law.

Article 20. The report on damage verification prescribed in Clause 3, Article 45 of the Law

The report on damage verification must include the following main contents:

1. Types of damages verified;

2. Methods of verifying damages;

3. Participation of state management agencies responsible for state compensation work and competent financial agencies in the damage verification process (if applicable);

4. Agreement on extending the deadline for damage verification (if applicable);

5. Proposals regarding types of compensable damages and compensation amounts;

6. Other relevant contents related to the damage verification process (if applicable).

Article 21. Negotiation on compensation prescribed atClause 3, Article 46 of the Law

1. The compensation settlement agency may invite representatives of the same-level financial agency, other individuals, and organizations, and require the public servant causing damage to participate in negotiating compensation according to point e, Clause 3, Article 46 of the Law in the following cases:

a) Complex cases as stipulated in Clause 1, Article 19 of this Decree;

b) Cases where there is no participation of state management agencies responsible for state compensation work and competent financial agencies in the damage verification process and the compensation settlement agency proposes a compensation amount of VND 100 billion or more;

c) Cases where damage is caused by multiple public servants from different agencies;

d) Other necessary cases decided by the head of the compensation settlement agency.

2. State management agencies responsible for state compensation work participating in negotiating compensation according to point d, Clause 3, Article 46 of the Law shall be determined as follows:

a) The Ministry of Justice shall be responsible for sending representatives to participate in negotiations for all cases requesting compensation under the responsibility of the compensation settlement agency as stipulated in Clause 3, Article 19 of this Decree;

b) Provincial Departments of Justice shall be responsible for sending representatives to participate in negotiations for all cases requesting compensation under the responsibility of the compensation settlement agency within their jurisdiction.

Article 22. Proactive restoration of reputation prescribed in Article 57 of the Law

1. A written notice about the State organizing the restoration of reputation for the person suffering damage in criminal proceedings must include the following main contents:

a) Time and place for directly apologizing and publicly correcting;

b) Publishing apologies and public corrections in newspapers;

c) Part expressing the opinion of the person suffering damage.

2. A written notice about the State organizing the restoration of reputation for the person suffering damage due to being unlawfully dismissed, subject to administrative measures such as placement in educational facilities, compulsory education centers, or compulsory drug rehabilitation centers must include the main contents prescribed in points b and c, Clause 1 of this Article.

3. Within ten days from the date of receiving the notice prescribed in Clause 1 or Clause 2 of this Article, the person suffering damage must provide a written response and send it to the agency directly managing the public servant causing damage. In case the person suffering damage responds orally, the agency directly managing the public servant causing damage shall prepare a record. The record must have the signature or fingerprint of the person suffering damage.

If the agency directly managing the public servant causing damage does not receive a response from the person suffering damage, the restoration of reputation will be carried out when the person suffering damage requests it in writing.

The period of force majeure or objective obstacles as prescribed in the Civil Code shall not be counted towards the response deadline stipulated in this Clause.

Article 23. The components and procedures for direct apology and public correction as prescribed in Article 58 of the Law

1. The agency directly managing the civil servant causing damage shall be responsible for inviting the following components to participate in the direct apology and public correction session:

a) The person suffering damage, or their legal representative if required under the Civil Code;

b) A representative leader of the agency directly managing the civil servant causing damage; a representative leader of the investigative agency involved when there are multiple civil servants from different investigative agencies causing damage together;

c) A representative of the People's Committee of the commune where the person suffering damage resides if the person is an individual, or where the headquarters is located if the person is a commercial entity;

d) The biological father, biological mother, adoptive father, adoptive mother, spouse, father-in-law, mother-in-law, son, daughter, adopted son, or adopted daughter of the person suffering damage;

đ) An authorized representative of the person suffering damage (if any), or a person protecting the legitimate rights and interests of the person suffering damage (if any);

e) A representative of the organization or institution where the person suffering damage works or studies (if any); a representative of political organizations, political-social organizations, political-social-professional organizations, social organizations, or social-professional organizations of which the person suffering damage is a member (if any);

g) A representative of the press;

h) Other components that the agency directly managing the civil servant causing damage deems necessary.

2. Within fifteen days from the date of receiving the document expressing agreement or requesting the restoration of reputation as stipulated in Article 41 or Article 57 of the Law, the head of the agency directly managing the civil servant causing damage shall be responsible for:

a) Determining the time, place, and inviting the components specified in Clause 1 of this Article to participate in the direct apology and public correction session;

b) Assigning one leader of the agency to present the apology and public correction statement;

c) Requesting the People's Committee of the commune where the direct apology and public correction session is organized to ensure security and order for the session.

If necessary, requesting the Public Security Agency of the district where the direct apology and public correction session is organized to ensure security and order for the session.

3. The direct apology and public correction session shall not be conducted without the presence of one of the components specified in points a, b, and c of Clause 1 of this Article.

4. The apology and public correction shall be carried out in the following steps:

a) A representative of the agency directly managing the civil servant causing damage will declare the purpose, introduce the participants, and approve the program of the direct apology and public correction session;

b) A representative leader of the agency directly managing the civil servant causing damage will present the apology and public correction statement;

c) A representative leader of the investigative agency involved will speak (if applicable) when there are multiple civil servants from different investigative agencies causing damage together;

d) The person suffering damage, or their legal representative if required under the Civil Code, will speak about the apology and public correction (if applicable);

đ) Others will speak (if applicable).

5. In cases where the agency directly managing the civil servant causing damage requests the Public Security Agency of the district to ensure security and order for the direct apology and public correction session, the Public Security Agency of the district shall be responsible for taking the lead and coordinating with the People's Committee of the commune to ensure security and order for the session.

Article 24. Content of Apology and Public Correction Statements

The apology and public correction statements must include the following main contents:

1. Name of the agency and location of the headquarters of the agency directly managing the civil servant causing damage;

2. Full name, position, and title of the person presenting the apology and public correction statement;

3. Full name and address of the person suffering damage;

4. State agencies related to the occurrence of damage;

5. Summary of the act causing damage and the reasons leading to the damage suffered by the person affected;

6. The agency directly managing the civil servant causing damage has recognized fully the violations and consequences caused by the civil servant under its management;

7. On behalf of the State, the representative of the agency apologizing to the person suffering damage, their family, relatives, and the organization (if any) of the person suffering damage, expresses the hope that the person suffering damage will accept the apology and commits to strictly and legally handle the civil servant who caused the damage.

Article 25. Publishing Apology and Public Correction Statements as stipulated in Article 59 of the Law

1. The agency directly managing the civil servant causing damage, which is responsible for compensation, shall publish the apology and public correction statements on one provincial newspaper, except in cases provided for in Clause 2 of this Article.

2. The agency directly managing the civil servant causing damage, which is responsible for compensation as specified in points a, b, c, d, đ, e, g, h, i, and k of Clause 3 of Article 19 of this Decree, shall publish the apology and public correction statements on one central newspaper and one local newspaper.

3. The published apology and public correction statements must contain the main contents prescribed in Clauses 1, 3, 4, 5, and 7 of Article 24 of this Decree and must be published in a prominent position on the front page of the newspaper.

4. Within fifteen days from the date of receiving the agreement or request of the person suffering damage regarding the restoration of reputation as stipulated in Article 41 or Article 57 of the Law, the head of the agency directly managing the civil servant causing damage shall be responsible for implementing the publication of the apology and public correction statements.

5. In case the person suffering damage is an individual residing in a commune where the People's Committee Chairman is located or a commercial entity with its headquarters in such commune, the Chairman of the People's Committee of that commune shall be responsible for posting the pages of the newspapers containing the apology and public correction statements. The posting period is fifteen days.

6. In case the person suffering damage dies, the agency directly managing the civil servant causing damage shall not have to notify according to Clause 1 of Article 57 of the Law and shall proactively implement the publication of the apology and public correction statements as prescribed in Clause 6 of Article 57 and Article 59 of the Law and this Article.

Chapter IV

LIABILITY FOR REPAYMENT

Article 26. Determination of Repayment Amounts as stipulated in Clauses 1, 2, and 3 of Article 65 of the Law

1. The salary of the civil servant causing damage for repayment purposes is the basic salary multiplied by the coefficient according to the rank and grade as prescribed by law at the time of the decision on repayment.

In case at the time of the decision on repayment, the civil servant causing damage has already left the state agency, the determination of the liability for repayment of the civil servant causing damage shall be based on his/her salary before leaving the job.

2. The repayment amount for a civil servant who intentionally causes damage but does not reach the level of criminal responsibility shall be determined as follows:

a) In case the amount of compensation paid by the State exceeds 100 months' salary of the civil servant causing damage at the time of the decision on repayment, the repayment amount is 50 months' salary of that person;

b) In case the amount of compensation paid by the State ranges from over 80 to 100 months' salary of the civil servant causing damage at the time of the decision on repayment, the repayment amount is from 40 to less than 50 months' salary of that person, but not exceeding 50% of the amount compensated by the State;

c) In case the amount of compensation paid by the State ranges from 60 to 80 months' salary of the civil servant causing damage at the time of the decision on repayment, the repayment amount is from 30 to less than 40 months' salary of that person, but not exceeding 50% of the amount compensated by the State;

d) In case the amount of compensation paid by the State is lower than 60 months' salary of the civil servant causing damage at the time of the decision on repayment, the repayment amount is 50% of the amount compensated by the State.

3. The repayment amount for a civil servant who negligently causes damage shall be determined as follows:

a) In case the amount of compensation paid by the State exceeds 10 months' salary of the civil servant causing damage at the time of the decision on repayment, the repayment amount is 5 months' salary of that person;

b) In case the amount of compensation paid by the State ranges from over 8 to 10 months' salary of the civil servant causing damage at the time of the decision on repayment, the repayment amount is 4 months' salary of that person;

c) In case the amount of compensation paid by the State ranges from 6 to 8 months' salary of the civil servant causing damage at the time of the decision on repayment, the repayment amount is 3 months' salary of that person;

d) In case the amount of compensation paid by the State is lower than 6 months' salary of the civil servant causing damage at the time of the decision on repayment, the repayment amount is 50% of the amount compensated by the State.

4. The determination of the repayment amount in cases where multiple civil servants cause damage together shall be carried out as follows:

a) Determine the repayment amount of one civil servant based on the total amount of compensation paid by the State corresponding to the degree of fault as prescribed in Clause 2 of Article 65 of the Law;

b) Calculate the total repayment amount of the civil servants causing damage based on the result prescribed in point a of this Clause;

c) Calculate the percentage of the repayment amount of each civil servant causing damage prescribed in point a of this Clause relative to the total repayment amount prescribed in point b of this Clause;

d) The level of reimbursement for each public servant causing damage shall be determined by multiplying the amount of compensation paid by the State with the percentage ratio specified in point c of this Clause.

Article 27. Reduction of the level of reimbursement prescribed in Clause 4 of Article 65 of the Law

1. Voluntary remediation of consequences means that the public servant causing damage voluntarily compensates and mitigates part of the damage to the person suffering loss.

2. A public servant causing damage who has difficult economic circumstances is a person falling under one of the following cases:

a) The public servant causing damage is the sole wage earner of the family such that if they must fulfill the entire obligation to repay, it will affect the normal life of the family and falls under one of the following situations: raising an underage child or raising an adult child with disabilities or unable to work; supporting a spouse who is unable to work; supporting a parent who has reached retirement age or is unable to work;

b) The public servant has prolonged economic hardship due to disasters, natural calamities, fires leading to loss of property or due to accidents resulting in health damage of 31% or more or due to serious illness.

The public servant causing damage shall have the responsibility to prove the conditions for reducing the level of reimbursement as stipulated in this Clause.

3. In case the public servant meets all the conditions for reducing the level of reimbursement, the Head of the agency that issued the repayment decision shall issue a decision to reduce the level of reimbursement for that person. The reduction repayment decision must contain the following main contents:

a) Name of the public servant causing damage whose level of reimbursement is reduced;

b) Reason for reducing the level of reimbursement;

c) Reduced level of reimbursement;

d) Remaining amount to be repaid (if any).

Article 28. The Council for examining liability for repayment prescribed in Article 66 of the Law

1. In case there is only one direct managing agency of the public servant causing damage, within ten days from the date of completing the payment of compensation, the Head of the agency making the compensation payment must complete the establishment of the Council for examining liability for repayment (hereinafter referred to as the Council).

In case the Head of the agency making the compensation payment is the public servant causing damage, another leader of that agency shall establish the Council.

2. In case there are multiple public servants belonging to different agencies causing damage, the establishment of the Council shall be carried out as follows:

a) Within one working day from the date of completing the payment of compensation, the Head of the agency making the compensation payment sends a document requesting relevant agencies to nominate persons to participate in the Council;

b) Within one working day from the date of receiving the nomination request, the relevant agencies involved in the matter shall send a document nominating persons to participate in the Council;

c) Within five working days from the date of receiving all nomination documents, the Head of the agency making the compensation payment completes the establishment of the Council.

3. The composition of the Council includes representatives of the leadership of the agency making the compensation payment as Chairperson and the following members:

a) Representatives of the leadership of the agencies directly managing the public servants causing damage in case there are multiple public servants belonging to different agencies causing damage together;

b) Representatives of the grassroots trade union of the agency making the compensation payment.

In case there are multiple public servants belonging to different agencies causing damage, representatives of the grassroots trade unions of those agencies must be present;

c) Representatives of the agency issuing the document serving as the basis for the claim for compensation in case the document serving as the basis for the claim for compensation does not contain the determination of fault of the public servant;

d) Representatives of the agency or organization currently directly managing, using, and paying salary to the public servant causing damage in case that person has transferred to another agency or organization;

đ) Representatives of the social insurance agency currently paying pension to the public servant in case that person has retired;

e) Other components deemed necessary by the agency making the compensation payment.

Persons participating in the Council shall not be relatives of the public servant causing damage or the person suffering loss as defined by the Law on Marriage and Family.

4. The Chairperson of the Council is responsible for convening and chairing meetings of the Council, assigning responsibilities to Council members, signing minutes of Council meetings, and implementing other tasks as prescribed by this Decree.

5. Council members are responsible for directly performing tasks assigned by the Chairperson and implementing other tasks as prescribed by this Decree.

6. The Council has the following duties and powers:

a) Identifying public servants causing damage based on the content of the document serving as the basis for the claim for compensation and the file related to the handling of the matter concerning the performance of duty causing damage;

b) Evaluating and determining the degree of fault of the public servant causing damage based on the content of the document serving as the basis for the claim for compensation.

In case the document serving as the basis for the claim for compensation does not determine the fault of the public servant, the Council evaluates and determines the degree of fault of the public servant causing damage based on the materials and evidence provided by the claimant when making the claim for compensation or during the process of resolving the claim for compensation and other circumstances of the case;

c) Determining the liability for repayment and the level of repayment of the public servant causing damage;

d) Submitting a written recommendation to the Head of the agency making the compensation payment regarding the contents specified in points a, b, and c of this Clause.

7. The Council dissolves itself after completing its tasks.

Article 29. The working method of the Council is prescribed at Article 66 of the Law

1. The Council shall convene only when at least two-thirds of the total number of Council members as decided upon are present.

2. The Council operates on the principle of collective discussion and majority decision-making. During discussions and decision-making processes, Council members must be objective, democratic, and comply with legal regulations.

3. The tasks and powers stipulated in points a, b, and c Clause 6 Article 28 of this Decree must be carried out through secret ballot and must be approved by more than 50% of the total number of Council members as decided upon.

In cases where multiple public officials cause damage requiring compensation and there are differing opinions within the Council, the secret ballot as prescribed in this Clause shall be conducted for each public official causing damage.

4. The content of the Council meeting must be recorded in minutes. The minutes must bear the signatures of the participants in the meeting. If the Council convenes multiple times, minutes must be recorded after each meeting.

5. Based on the results of meetings and voting on the contents stipulated in points a, b, and c Clause 6 Article 28 of this Decree, the Chairman of the Council signs and immediately sends a recommendation letter to the Head of the agency that has paid compensation.

6. Cases involving complex matters that may extend the deadline for determining responsibility for repayment as prescribed in Clause 2 Article 66 of the Law include:

a) The public official causing damage has retired, and at the time of assessing responsibility for repayment, the agency that has paid compensation cannot determine their place of residence;

b) Multiple public officials from different agencies have caused damage, and the document serving as the basis for compensation claims does not specify the fault of these individuals.

Article 30. The decision on repayment is prescribed at Article 66 of the Law

1. The deadline for issuing a repayment decision as prescribed in Clause 3 Article 66 of the Law is determined as follows:

a) Within three working days from the date of receipt of the Council's recommendation letter, the Head of the agency that has paid compensation must issue a repayment decision against the public official causing damage, except in the case stipulated in point b of this Clause;

b) Within three working days from the date of receipt of the recommendation letter from the Head of the criminal proceedings agency that has paid compensation, the Head of the related criminal proceedings agency must issue a repayment decision against the criminal proceedings personnel under their management.

2. The repayment decision must contain the following main contents:

a) Name of the public official responsible for repayment;

b) Degree of fault of the public official responsible for repayment;

c) Amount of repayment by the public official causing damage;

d) Method of implementing the repayment.

3. In cases where, after issuing a repayment decision as prescribed in Clause 2 of this Article, a public official falls under the category of being eligible for postponement of repayment implementation, the Head of the agency that issued the repayment decision shall issue a decision to postpone repayment implementation for that individual.

Article 31. Handling repaid funds, responsibility for repayment in cases where the document serving as the basis for compensation claims is no longer a basis for such claims as prescribed at Article 69 of the Law

1. In cases where a public servant has completed their obligation to repay, the head of the directly managing agency shall issue a decision to return the repayment amount.

2. In cases where a public servant is still performing their obligation to repay, the head of the directly managing agency shall issue a decision to revoke the repayment decision and issue a decision to return the repayment amount.

3. The process of returning the repayment amount to a public servant when the directly managing agency still has an administrative management budget allocated by the competent authority shall be carried out as follows:

a) Within three working days from the date of issuing the decision to return the repayment amount, the directly managing agency shall return to the public servant the amount that they have repaid.

b) After returning the money to the public servant, the directly managing agency shall submit a written request to the competent financial authority to supplement the budget by the amount that was previously paid into the state treasury.

c) Within seven working days from the date of receiving the request, the competent financial authority shall complete the process of supplementing the budget for the directly managing agency.

4. The process of returning the repayment amount to a public servant when the directly managing agency no longer has an adequate administrative management budget allocated by the competent authority shall be carried out as follows:

a) Within three working days from the date of issuing the decision to return the repayment amount, the directly managing agency shall submit a written request to the competent financial authority to allocate funds to return the repayment amount to the public servant.

b) Within seven working days from the date of receiving the request, the competent financial authority shall allocate funds to the directly managing agency.

c) Immediately upon receiving the funds from the competent financial authority, the directly managing agency shall return the repayment amount to the public servant.

Chapter V

RESPONSIBILITY AND COOPERATION IN IMPLEMENTING STATE COMPENSATION WORK

Article 32. Determination of the agency responsible for compensation as stipulated in point a and point b Clause 1 Article 40 of the Law

1. The Ministry of Justice is the lead agency assisting the Government in determining the agency responsible for compensation in the following cases:

a) There is no agreement on the agency responsible for compensation in cases where multiple public servants from multiple central agencies cause damage together, or in cases where multiple public servants from central agencies and local agencies cause damage together, or in cases where multiple public servants from multiple local agencies cause damage together, with these local agencies belonging to different provinces or centrally-administered cities;

b) A central government agency is dissolved according to a decision of the National Assembly, the Standing Committee of the National Assembly, the Government, or the Prime Minister.

2. The Department of Justice assists the People's Committee of the province in determining the agency responsible for compensation in the following cases:

a) There is no agreement on the agency responsible for compensation in cases where multiple public servants from multiple agencies within the jurisdiction of the locality cause damage together;

b) A local government agency is dissolved according to a decision of the National Assembly, the Standing Committee of the National Assembly, the Government, or the Prime Minister.

3. The determination of the agency responsible for compensation shall be carried out as follows:

a) The state management agency for state compensation work shall convene a meeting with relevant agencies to determine the agency responsible for compensation;

b) If the agencies agree on the agency responsible for compensation, the state management agency for state compensation work shall issue a document determining the agency responsible for compensation;

c) If the agencies cannot agree on the agency responsible for compensation, the state management agency for state compensation work shall decide one of the relevant agencies as the agency responsible for compensation and issue a document determining the agency responsible for compensation.

Article 33. Determination of the agency responsible for compensation as stipulated in Clause 4, Article 41 of the Law

1. In cases where there is only one direct management agency of the public servant causing damage, within five working days from the date of receiving the file, the Department of Justice shall be responsible for sending the file to the compensation resolution agency for handling and resolution.

2. In cases where multiple public servants from different agencies cause damage, within five working days from the date of receiving the file, the Department of Justice shall determine the compensation resolution agency as follows:

a) Exchange with relevant agencies involved in the compensation claim case to unify the compensation resolution agency;

b) Once the compensation resolution agency is determined, the Department of Justice shall send the file to that agency for handling and resolution.

3. In cases where the determination of the compensation resolution agency is made according to point a or point b of Clause 1, Article 40 of the Law, the Department of Justice shall immediately send the file to the competent state management agency on state compensation to determine the compensation resolution agency.

Article 34. Inspection and supervision of state compensation work

1. The Ministry of Justice assists the Government in leading and coordinating with relevant agencies to inspect and supervise state compensation work in administrative management, litigation, and enforcement activities nationwide.

2. The Department of Justice assists the People's Committee at the provincial level in inspecting and supervising state compensation work in administrative management, litigation, and enforcement activities locally.

3. The implementation of inspection and supervision of state compensation work as stipulated in Clause 1 and Clause 2 of this Article shall be carried out as follows:

a) The Ministry of Justice and the Department of Justice shall coordinate with relevant agencies to unify plans, issue and organize the implementation of inspection and supervision plans for state compensation work;

b) The organization of inspection and supervision shall be conducted in accordance with laws on inspection and related laws.

4. Unannounced inspections shall be carried out when there is a basis as prescribed by laws on inspection and related laws.

Article 35. Statistical reports on the implementation of state compensation work as stipulated in Articles 73, 74, and 75 of the Law

1. Statistical Reports

a) Annually, the Ministry of Justice assists the Government in requesting the Supreme People's Court and the Supreme People's Procuracy to require ministries, ministerial-level agencies, government-affiliated agencies, and provincial-level People's Committees to compile statistics on the implementation of state compensation work within their respective jurisdictions for the Ministry of Justice to consolidate and report to the Government.

b) Annual statistical data on the implementation of state compensation work shall be calculated from January 1 to December 31 of the reporting year.

2. In cases where requested by the National Assembly, the Standing Committee of the National Assembly, the Ministry of Justice assists the Government in requesting the Supreme People's Court and the Supreme People's Procuracy to require ministries, ministerial-level agencies, government-affiliated agencies, and provincial-level People's Committees to compile statistics on the implementation of state compensation work within their respective jurisdictions for the Ministry of Justice to consolidate and submit to the Government for reporting to the National Assembly and the Standing Committee of the National Assembly.

The compilation of statistical data on state compensation work shall be carried out as required by the National Assembly and the Standing Committee of the National Assembly.

Chapter VI

IMPLEMENTING PROVISIONS

Article 36. Effective Date

1. This Decree takes effect from July 1, 2018.

2. 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 Liability for Compensation ceases to be effective from the date this Decree takes effect.

Article 37. Responsibility for Implementation

1. The Ministry of Justice is responsible for:

a) Implementation of this Decree;

b) Provision of measures to perform state management functions over state compensation work.

2. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial and centrally-administered city People's Committees are responsible for implementing this Decree./.