Chương VIII Luật Trách nhiệm bồi thường của Nhà nước 2017: Trách nhiệm bồi thường của các cơ quan nhà nước trong công tác bồi thường nhà nước

Chapter VIII

RESPONSIBILITIES OF STATE AGENCIES IN STATE COMPENSATION

Article 73. State management responsibilities for compensation work

1. The Government shall perform the consistent state management of compensation work in administrative management, procedures and judgment enforcement nationwide.

2. The Ministry of Justice is the central agency assisting the Government in performing state management of state compensation and has the following tasks and powers:

a) Formulate strategies and policies on state compensation;

b) Promulgate within its competence or request competent state agencies to promulgate documents on guidelines for the Law on State Compensation Liability Law; issue forms and books on state compensation;

c) Guide and provide training courses in professional skills and practices of state compensation; response to problems in the application of the law on compensation liability of the state;

d) Determine compensation bodies as prescribed in Point a and Point b Clause 1 Article 40 of this Law;

dd) Assist sufferers in going through procedures for compensation claims;

e) Monitor and urge the state compensation; take charge and cooperate with concerned agencies in inspecting and examining the state compensation work; settle complaints, denunciations and take actions against violations in state compensation according to the provisions of law;

g) Annually, release statistics on the implementation of the state compensation work and send reports to the Government according to regulations;

h) Request the compensation agencies to send reports on the settlement of claims, fulfill reimbursement liability and take disciplinary actions against law enforcers in case of necessity;

i) Carry out state management of international cooperation in state compensation;

k) Build and manage a database on state compensation;

l) Propose the competent bodies to take actions against violations in settling the compensation and performance of the reimbursement liability as per the law;

m) Propose the competent persons to protest the court judgments or decisions with compensation contents as provided for by law; request the head of the enforcer’s superior body to cancel the decision on settlement of compensation in the case of one of the grounds specified in Clause 1 and Point a of Clause 3, Article 48 of this Law without cancellation decision;

n) Assist the Government in cooperating with the Supreme People’s Court, the Supreme People’s Procuracy in managing state compensation work in procedures;

o) Other tasks and powers as per the law.

3. People's Committees of provinces shall perform the state management of state compensation in the administrative management, proceeding and judgment execution in their respective administrative divisions and have the following tasks and powers:

a) Guide and provide training courses in professional skills and practices of state compensation;

b) Determine compensation bodies as prescribed in Point a and Point b Clause 1 Article 40 of this Law;

c) Guide the suffers to carry out the procedures for claiming compensation within their respective administrative divisions;

d) Monitor, urge and inspect the state compensation; inspect, settle complaints, denunciations, take actions against violations in state compensation;

dd) Annually, take charge and cooperate with concerned local agencies and organizations in releasing statistics on the implementation of the state compensation work and report it to the Ministry of Justice according to regulations;

e) Request the compensation agencies to send reports on the settlement of claims, fulfill reimbursement liability and take disciplinary actions against law enforcers in case of necessity;

g) Propose the competent bodies to take actions against violations in settling the compensation and perform the reimbursement liability within its scope of management;

h) Propose the competent persons to protest the court judgments or decisions with compensation contents as provided for by law; request the head of the enforcer’s superior body to cancel the decision on settlement of compensation in the case of one of the grounds specified in Clause 1 and Point a of Clause 3, Article 48 of this Law without cancellation decision;

i) Other tasks and powers as per the law.

4. Departments of Justice shall assist the People's Committees of provinces in performing the state management over the state compensation work in their respective administrative divisions.

Article 74. Responsibilities of the Supreme People's Court and the Supreme People's Procuracy

The Supreme People's Court and the Supreme People's Procuracy shall, within the scope of their functions, duties and powers, have the following responsibilities:

1. Cooperate with the Government in performing the state management of state compensation work prescribed in Clause 2, Article 73 of this Law;

2. Examine, inspect and settle complaints and denunciations related to the state compensation work according to the provisions of law;

3. Direct the compensation bodies to settle claims, to determine the reimbursement liability, to implement decisions on the reimbursement, to take disciplinary actions it according to its competence;

4. Handle and direct the actions against violations in the settlement of compensation and performance of reimbursement liability;

5. Annually or at the request of compensation-managing authority, release statistics and reporting the Government the performance of state compensation;

6. Direct People’s Courts, the People’s Procuracies to cooperate with state management agencies on state compensation in state compensation work;

7. Respond to and implement recommendations of compensation-managing authority;

8. Perform other tasks and powers as per the law.

Article 75. Responsibilities of Ministries, ministerial-level agencies and Governmental agencies

Ministries, ministerial-level agencies and Governmental agencies shall, within the scope of their respective functions, tasks and powers, have the following responsibilities:

1. Cooperate with the Ministry of Justice in performing the state management of state compensation work prescribed in Clause 2, Article 73 of this Law;

2. Examine, inspect and settle complaints and denunciations related to the state compensation work according to the provisions of law;

3. Direct the compensation bodies to settle claims, to determine the reimbursement liability, to implement decisions on the reimbursement, to take disciplinary actions it according to its competence;

4. Handle and direct the actions against violations in the settlement of compensation and performance of reimbursement liability;

5. Annually or at the request of compensation-managing authority, release statistics and reporting the performance of state compensation;

6. Respond, to make recommendations of compensation-managing authority;

7. Perform other tasks and powers as per the law.

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