Chương 2 Nghị định 103/2002/NĐ-CP: Đền bù thiệt hại về tài sản

Chapter II

COMPENSATION FOR PROPERTY DAMAGE

Article 5.-

1. Compensation shall be paid for properties which are lost, destroyed or break down when being used in the drug prevention and combat as well as for reasonable expenses for preventing, limiting and/or overcoming damage.

2. The value of damaged properties shall be determined according to the local market prices of such properties at the time they are damaged, including their depreciated value.

3. If the damaged properties can be restored to their original state, they shall be restored to their original state. If properties are lost or cannot be restored to their original state, they shall be compensated.

Article 6.-

1. The investigation agencies, the agencies in charge of drug-related crime prevention and combat in the police service, the Border Guard units and the customs offices shall be responsible for settling the compensation for property damage in the cases they handle. Where the cases are detected and the property involved therein are seized by other agencies or organizations, such agencies or organizations shall have to transfer the documents related to the property-damaging incidents to the investigation agencies or the agencies in charge of drug-related crime prevention and combat (the case-receiving and investigating units) for consideration and settlement of the compensation.

2. The Peoples Committees of rural districts, urban districts, provincial capitals and towns (herein after referred to as the district level), the Peoples Committees of the provinces and centrally-run cities (hereinafter referred to as the provincial level) shall have to pay compensation for cases other than those specified in Clause 1 of this Article, which have occurred in their respective localities.

3. The affected subjects may send written requests for compensation to the investigation agencies or the agencies in charge of drug-related crime prevention and combat, which have handled the cases, or the Peoples Committees of the places where damage occurs. Such a request should clearly describe the damage-inflicting incident, damaged property, damage value and compensation level, and be enclosed with documents proving the property value, damage value, for use as a basis for the responsible agencies to consider and settle.

4. Within 15 days after receiving the affected subjects written requests for compensation, the investigation agencies or the agencies in charge of drug-related crime prevention and combat, which have handled the cases, or the Peoples Committees of the places where damage is caused, shall have to consider and decide on the compensation or propose the competent authorities to decide on the compensation according to the provisions of Article 7 of this Decree.

5. In case of necessity, the heads of the agencies responsible for compensation may set up advisory boards to look into the settlement of damage compensation. Such an advisory board shall be composed of a representative of the agency responsible for the compensation as its chairman, a representative of the finance-pricing agency and a representative of the concerned specialized scientific-technical agency. The affected persons or their lawful representatives shall be invited to attend the boards meetings and present their opinions, which shall be recorded in the meetings minutes.

The advisory boards in charge of considering the compensation settlement shall be tasked to examine, check and assess the damage and propose the compensation levels. They shall discuss and make conclusions by majority; their meetings minutes shall be transferred to the competent persons specified in Article 7 of this Decree for decision on the compensation.

Article 7.-

1. The heads of the investigation police offices of the district-level police agencies and the heads of the criminal investigation agencies of the provincial-level Military Commands shall decide on the compensation for property damage valued at under VND 2,000,000 (two million) in the cases handled by their respective units.

2. The heads of the investigation offices of the police agencies at the provincial or higher level, the heads of the criminal investigation agencies of the General Departments or equivalent level in the army, and the heads of the agencies in charge of drug-related crime prevention and combat of the Ministry of Public Security shall decide on the compensation for property damage valued at under VND 5,000,000 (five million) in the cases handled by their respective units.

3. The directors of the provincial-level police agencies, the general director of the General Department of Police, the head of the criminal investigation agency of the Ministry of Defense, the directors of the provincial-level Customs Departments, and the chief commanders of the Border Guard Commands of the provincial or equivalent level shall decide on the compensation for property damage valued at under VND 10,000,000 (ten million) in the cases handled by the investigation agencies, the agencies in charge of drug-related crime prevention and combat or the Border Guard units and the customs offices under their respective management.

4. The presidents of the district-level Peoples Committees shall decide on the compensation for property damage valued at under ten million dong in other drug-related cases occurring in their respective localities.

5. The Minister of Defense, the Minister of Public Security and the Minister of Finance shall decide on the compensation for property damage valued at VND 10,000,000 (ten million) or more in the cases handled by the investigation agencies, the agencies in charge of drug-related crime prevention and combat or the Border Guard units and customs agencies under their respective management.

6. The presidents of the provincial-level Peoples Committees shall decide on the compensation for property damage valued at VND 10,000,000 (ten million) or more in other drug-related cases occurring in their respective localities.