Chapter VII
REIMBURSEMENT LIABILITY
Article 56. Reimbursement obligation and handling of responsible official-duty performers
1. Official-duty performers who are at fault in causing damage are obliged to reimburse to the state budget money amounts already paid as compensation to sufferers under decisions of competent agencies.
2. Official-duty performers who unintentionally cause damage prescribed in Article 26 of this Law are not liable to reimbursement.
3. Apart from reimbursing money amounts stated in Clause 1 of this Article, official-duty performers shall, depending on the nature and severity of their violations, be disciplined or examined for penal liability according to law.
Article 57. Grounds for determination of reimbursed amounts
1. Grounds for determination of reimbursed amounts comprise:
a/ The degree of fault of official-duty performers;
b/ The extent of damage caused; c/ Financial conditions of official-duty performers.
The Government, the Supreme People's Court and the Supreme People's Procuracy shall determine amounts to be reimbursed by official-duty performers.
2. If many official-duty performers cause the damage, they shall bear joint liability for the reimbursement; compensation-liable agencies shall assume the prime responsibility for, and coordinate with agencies managing official-duty performers who have caused the damage in, unanimously determining the amount to be reimbursed by each of these performers.
Article 58. Order of and procedures for deciding on reimbursement
1. Within 20 days after completing the payment of compensation amounts, compensation-liable agencies shall set up a council for considering reimbursement liabilities in order to determine reimbursement liabilities of and amounts to be reimbursed by official-duty performers who have caused the damage.
In case the damage is caused by many official-duty performers from different agencies, such council shall be participated by representatives of concerned agencies to determine the reimbursement liability of and amount to be reimbursed by each of these official-duty performers.
The Government, the Supreme People's Court and the Supreme People's Procuracy shall provide for the establishment, composition, tasks and powers of a council for considering reimbursement liabilities of official-duty performers.
2. Within 30 days after the compensation payment is completed, competent persons defined in Article 59 of this Law shall issue reimbursement decisions. A reimbursement decision shall be sent to the person with the reimbursement obligation and the immediate superior agency of the compensation-liable agency.
Article 59. Competence to issue reimbursement decisions
1. Heads of compensation-liable agencies are competent to issue reimbursement decisions.
2. If heads of compensation-liable agencies are persons with the reimbursement obligation, heads of immediate superior agencies of those persons are competent to issue reimbursement decisions.
Article 60. Complaints and lawsuits against reimbursement decisions
If official-duty performers with the reimbursement liability disagree with reimbursement decisions, they are entitled to lodge complaints about, or initiate lawsuits against, such reimbursement decisions under the law on complaints and denunciations and the law on procedures for settlement of administrative cases.
Article 61. Effect of reimbursement decisions
1. Reimbursement decisions will take effect 15 days after their signing if the damage-causing official-duty performers do not lodge any complaints or initiate any lawsuits against such decisions.
2. Based on legally effective reimbursement decisions, compensation-liable agencies shall collect reimbursed amounts and remit them into the state budget.
Article 62. Reimbursement
1. Reimbursement may be made in a lump sum or in installments.
2. If reimbursement is made by gradual deduction from monthly salaries of official-duty performers, the minimum deduction level must not be lower than 10% and the maximum deduction level must not exceed 30% of monthly salaries.
Article 63. Management and use of reimbursed money
Compensation-liable agencies shall fully and promptly remit reimbursed amounts into the state budget. The management and use of reimbursed amounts comply with the law on state budget.
Tìm kiếm
Luật trách nhiệm bồi thường của Nhà nước 2009 (Bản Word)