Chương VII Luật Trách nhiệm bồi thường của Nhà nước 2017: Trách nhiệm hoàn trả

Chapter VII

REIMBURSEMENT LIABILITY

Article 64. Reimbursement obligation of responsible law enforcers

1. Law enforcers who are at fault in causing damage are obliged to reimburse to the state budget partly or wholly the amount of damages already paid to the sufferers under decisions of competent agencies.

2. Where multiple law enforcers jointly have caused damage, such persons shall be obliged to pay correspondingly to the extent of their faults and damages paid by the State.

Article 65. Determination of refund rates and reduction of refund rates

1. Grounds for determination of reimbursed amounts comprise:

a) The degree of fault of law enforcers;

b) Amount paid by the State.

2. If a law enforcer causes damage, the refund shall be determined as follows:

a) If the law enforcer caused damage with intentional fault and a judgment which states that he/she committed a crime, he/she has to refund all the money already paid by the State to the sufferer;

b) If the law enforcer caused damage with intentional fault but not to the extent of being prosecuted for penal liability, his/her 30 to 50 months’ pay rate shall be refunded at the time the refund decision is issued but not exceeding 50% of the amount of damages paid by the State;

c) If the law enforcer caused damage with unintentional fault, his/her 3 to 5 months’ pay rate shall be refunded at the time the refund decision is issued but not exceeding 50% of the amount of damages paid by the State;

d) Where the 50% of the amount of damages is less than the 30 months’ pay rate prescribed at Point b of this Clause or less than 3 months’ pay rate prescribed at Point c of this Clause, the law enforcer must pay at least 50% of the amount of damages paid by the State.

3. In a case where multiple law enforcers jointly cause damage, the reimbursement rate of each person shall be determined correspondingly according to the provisions of Clause 2 of this Article, but the total reimbursement shall not exceed the amount of damages already paid by the State for the sufferer.

4. Each law enforcer shall be entitled to reduced reimbursement when they fully meet the following conditions:

a) Proactively overcoming the consequences;

b) To fulfill all obligations in the process of claim settlement and have repaid at least 50% of the amount to be reimbursed;

c) He/she is economically disadvantaged.

The head of the enforcer’s superior body shall decide to reduce the reimbursement but not exceeding 30% of the total amount to be reimbursed.

5. The Government shall provide on guidelines for this Article.

Article 66. Competence and procedures for determining the reimbursement liability

1. Within 10 days from the date on which the damages are paid in full, the head of compensation body shall set up the council to consider the reimbursement liability. In case the damage is caused by multiple law enforcers from different agencies, such council shall be participated by representatives of concerned agencies to determine the reimbursement liability.

2. Within 20 days from the date of establishment, the council shall consider the reimbursement liability to complete the identification of law enforcers causing damage, their extents of fault, reimbursement liability, the amount of each person's reimbursement and written request to the head of the agency for payment of damages. In case of complicated cases, the time limit may be extended but not exceeding 30 days.

3. On the basis of the recommendation of the Council for consideration of reimbursement liability, the head of compensation agency shall:

a) Issue a decision on reimbursement to the law enforcer causing damage, except for the case prescribed at Point b of this Clause;

b) Issue a decision on reimbursement to law enforcer causing damage under its management in criminal procedures and propose the head of concerned presiding agency to issue a decision on reimbursement to the law enforcer causing damage.

The head of enforcer’s superior body shall issue a decision on reimbursement and take legal responsibility for such decision.

4. The reimbursement decision must be sent to the law enforcer liable for reimbursement, compensation-managing authority and the agencies and organizations involved in the collection of reimbursement.

5. The Government shall provide on guidelines for this Article.

Article 67. Decisions on reimbursement and decisions on reduction in reimbursement rates

1. Decisions on reimbursement and decisions on reduction in reimbursement rates shall take effect from the date of signing.

2. If a decision on reimbursement or decision on reduction in reimbursement rates is inconsistent with the provisions of Articles 65 and 66 of this Law, the compensation-managing authority shall request the head of enforcer’s superior body to reconsider such decision.

3. Based on the decision on reimbursement, the decision on reduction in the reimbursement rates that becomes legally effective, the enforcer’s superior body shall have to collect the amount to be reimbursed and paid in full and promptly to the state budget according to the provisions of law, except for the case prescribed in Article 70 of this Law.

Article 68. Reimbursement

1. Reimbursement can be made once or multiple times and must be specified in the reimbursement decision.

2. If reimbursement is made by gradual deduction from monthly salaries of law enforcers, the minimum deduction rate is 10% and the maximum deduction rate is 30% of monthly salaries.

3. If the law enforcer liable for reimbursement is raising a child younger than 36 months of age or pregnant, the reimbursement shall be postponed under the decision of the head of enforcer’s superior body.

Article 69. Handling reimbursed money, reimbursement liability if the document serving as ground for claim no longer serves as a basis for claim

1. If a document used as ground for claim is determined by the competent regulatory body no longer serve as ground for claim of damages that have been repaid by law enforcer causing damage, his/her superior body shall be responsible for repaying the sum of money that he/she has repaid.

2. Where the head of enforcer’s superior body has not yet issued the reimbursement decision, the determination of reimbursement liability shall be suspended.

3. The Government shall provide on guidelines for this Article.

Article 70. Responsibility to collect reimbursements in cases where law enforcers transfer to other agencies or organizations

1. The agency or organization which has directly managed, utilized, or paid salaries to the law enforcer causing damage shall have to collect reimbursements according to the reimbursement decision.

2. The enforcer’s superior body, at the time that the law enforcer causes the damage, shall request the agency or organization which has directly managed, utilized, or paid salaries to the law enforcer to reimbursements according to the reimbursement decision and pay them to state budget as per the law.

Article 71. Responsibility for collecting reimbursement in cases where the law enforcer causing damage have retired or resigned

1. The social security agency that has been paying pensions to the law enforcer causing damage shall collect money according to the reimbursement decision and remit fully and promptly into the state budget.

2. If the law enforcer causing damage has resigned without receiving his/her pension or working at another agency or organization, the enforcer’s superior body shall, at the time that the law enforcer causes the damage shall execute the reimbursement decision according to the provisions of law.

Article 72. Reimbursement liability in case of death of law enforcer causing damage

Where the law enforcer causing damage dies, the reimbursement decision shall cease to be valid at his/her death time.