Chương 3 Nghị định 103/2002/NĐ-CP: Chế độ trợ cấp đối với người thiệt hại về tính mạng , sức khỏe

Chapter III

REGIME OF ALLOWANCES FOR PERSONS WHO SUFFER FROM LOSS OF LIFE OR HEALTH DETERIORATION

Article 8.-

1. Damage due to injury or health deterioration includes:

a/ Reasonable expenses for the treatment, care and recovery of health and rehabilitation of lost or declined functions of the affected persons;

b/ The affected persons incomes which have been actually lost or decreased; if the affected persons actual incomes are unstable and unidentifiable, the average income level of labor of the same kind shall be applied.

2. Lump-sum cash allowances for the affected persons who suffer from injuries or health deterioration shall be considered and decided by the competent persons specified in Article 7 of this Decree; the allowance level shall cover the actually incurred expenses mentioned in Clause 1 of this Article. For allowances valued at VND 10,000,000 (ten million) or more, advisory boards must be set up to look into the allowances which, however, must not exceed VND 20,000,000 (twenty million) per affected person.

Article 9.-

1. Damage due to human loss includes:

a/ Reasonable expenses for the treatment and care of the affected persons before their death.

b/ Reasonable expenses for the burial.

2. The families or lawful representatives of the dead persons shall be granted lump-sum cash allowances; the allowance amount shall cover the actually incurred expenses mentioned in Clause 1 of this Article, which, however, must not exceed VND 50,000,000 (fifty million) per dead person.

Article 10.-

1. The directors of the provincial/municipal Services of Labor, War Invalids and Social Affairs shall decide on the allowances for damage valued at no more than VND 10,000,000 (ten million).

2. The Minister of Labor, War Invalids and Social Affairs shall decide on the allowances for damage valued at VND 10,000,000 (ten million) or more.

Article 11.-

1. The persons who suffer from injuries or health deterioration, the families of the dead persons, or the lawful representatives of these persons may send written requests for damage allowances to the Labor, War Invalids and Social Affairs agencies which have handled the cases. Such a request should clearly state the damage-causing incidents, injuries or health deterioration, and be enclosed with the death certificates, for dead persons, vouchers certifying actually incurred expenses for use as a basis for the responsible agencies to consider and settle.

2. Upon receiving the affected persons written requests for allowances, the agencies responsible for allowance settlement must consider and decide to grant allowances in time under the provisions of this Decree and relevant law provisions.

3. In cases where the affected persons are dead or in case of necessity, the heads of the agencies responsible for allowance settlement shall set up advisory boards to look into the allowance settlement. Such a board shall be composed of a representative of the agency responsible for allowance settlement as its chairman, representatives of the concerned specialized scientific and technical agency and medical agency. The affected persons, the families of 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.

4. The advisory boards which look into the allowance settlement shall be tasked to appraise the extent of health deterioration and life loss on the basis of the forensic examination, psychiatric forensic examination or injury examination conclusions, related papers and documents and the competent authorities regulations on injury criteria so as to assess the damage and propose the allowance levels. The advisory boards shall discuss and make conclusions by majority; their meetings minutes shall be transferred to competent persons specified in Article 10 of this Decree for decision on the allowances.