Chương 1 Nghị định 103/2002/NĐ-CP: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1.- This Decree prescribes the compensation to individuals, families, agencies and organizations suffering property damage (hereinafter referred to as affected subjects for short) and the regime of allowances for individuals who suffer from loss of life, injury or health deterioration due to their participation in drug prevention and combat.

Article 2.-

1. The damage allowance regime to be implemented by the State under the provisions of this Decree is the regime of allowances for people who suffer from loss of life or health deterioration due to their participation in drug prevention and combat.

2. The damage compensation regime to be implemented by the State under the provisions of this Decree means the compensation for property damage caused to the affected subjects not directly by the drug-related offenders; for cases where property damage is caused by drug-related offenders, they shall be settled under the provisions of the Penal Code and the Criminal Procedure Code.

Article 3.- Foreign individuals, families, agencies and organizations as well as international organizations, that suffer property damage, and foreigners who suffer from loss of life, injury or health deterioration due to their participation in drug prevention and combat in the Vietnamese territory shall be entitled to compensation or the allowance regime implemented by the State of the Socialist Republic of Vietnam under the provisions of this Decree. If relevant international agreements which Vietnam has signed or acceded to contain different provisions, the provisions of such agreements shall apply.

Article 4.-

1. The affected subjects or their lawful representatives shall have the right to request the competent State bodies to pay compensation for their property damage or to implement the allowance regime when the persons participating in the drug prevention and combat suffer from injury or health deterioration; for cases of human loss, the dead persons families or lawful representatives shall have the right to request the implementation of the allowance regime.

2. The State shall have to consider and pay the property damage compensation to the affected subjects and to implement the allowance regime for the persons suffering from loss of life or health deterioration according to the provisions of the relevant legislation and this Decree. The compensation or allowance payment must be decided in writing.