Chapter III
COMPENSATION FOR PROPERTY DAMAGE
Article 8.- Property damage eligible for compensation
1. The compensation-eligible property damage shall cover:
a/ Lost property;
b/ Property which is destroyed or damaged beyond restoration to status quo;
c/ Reasonable expenses for damage prevention, limitation and overcoming.
2. The value of damaged property shall be determined at the market price of such property in the localities at the time the property is damaged, minus the property depreciation.
3. If damaged property can be restored to status quo, it shall be restored; if not, compensations shall be made.
Article 9.- Procedures for property damage compensation
1. Specialized national security protection agencies at all levels shall have to consider and decide on compensations for property damage to sufferers under their respective management. Where the cases or matters are detected by other agencies or organizations, such agencies or organizations shall have to transfer to the specialized national security protection agencies all documents related to the incidents causing property damage for consideration and decision on compensation.
2. District-level People's Committees or provincial/municipal People's Committees (hereinafter referred to collectively as provincial-level People's Committees) shall have to consider and decide on compensation for property damage for sufferers in their respective localities at the proposal of the specialized national security protection agencies (for cases where property damage sufferers are not managed by specialized national security protection agencies).
3. Property damage sufferers shall have the right to personally request or send their applications to the concerned specialized national security protection agencies to request compensation for damage. The requests should clearly present contents of incidents causing the damage, the damaged property, the damage value and compensation levels, enclosed with papers, documents and evidence proving the value of property, value of damaged property and other relevant documents (if any) for use as grounds to assist responsible agencies in considering and deciding on the compensation. In case of necessity to supplement the documents used as grounds for compensation consideration and decision, the request-receiving agencies must guide the property damage sufferers to gather, supply, supplement documents or do so by themselves.
4. Within 15 days after receiving requests or applications of subjects suffering property damage due to participation national security protection, specialized national security protection agencies shall have to settle them as follows:
a/ Considering, deciding or proposing competent bodies to decide on compensation for property damage for sufferers under their respective management;
b/ Transferring the requests or applications and relevant documents (if any) to specialized national security protection agencies which manage the property damage sufferers for considering and deciding on the damage compensation;
c/ Considering, concluding on and proposing district-level or provincial-level People's Committees of the localities where the property damage sufferers reside for considering and deciding on damage compensation (for cases where the property damage sufferers are not managed by specialized national security protection agencies).
5. Specialized national security protection agencies shall have to notify the property damage compensation requesters of the handling thereof according to the provisions of Points a, b and c, Clause 4 of this Article. If deeming that there are not enough grounds to pay damages to property damage sufferers, they must notify such damage sufferers in writing of the reasons therefor.
6. Where damage compensations amount to VND 10,000,000 (ten million) or more, heads of the agencies responsible for damage compensation shall decide to set up Advisory Councils for consideration. An Advisory Council shall be composed of the head of the damage-compensating agency as its president, a representative of the local administration or the specialized national security protection agency, representatives of finance agency, relevant science-technology agency.
Property damage sufferers or their lawful representatives shall be invited to attend the meetings of Advisory Councils to present their opinions which shall be recorded in the meeting minutes.
The Advisory Councils shall have to consider, examine and assess the damage, propose the compensation levels and make conclusions by majority; minutes of meetings of the Advisory Councils shall serve as documents for heads of the agencies responsible for damage compensation to decide, according to their competence defined in Clauses 4 and 5, Article 10 of this Decree, on the compensation levels.
Article 10.- Competence to decide on compensation for property damage
1. The following persons are competent to decide on property damage compensations with a value of under VND 5,000,000 (five million) for property damage sufferers under their respective management:
a/ Heads, deputy-heads of security sections of provincial/municipal police departments;
b/ District-level police chiefs or deputy-chiefs in charge of security;
c/ Commanders, deputy-commanders of provincial/municipal Border Guard Commands; heads, deputy-heads of army security protection sections of general departments, military zones, army corps, army services, arms in the People's Army.
2. The following persons are competent to decide on property damage compensations with a value of less than VND 10,000,000 (ten million) for property damage sufferers under their respective management:
a/ Head, deputy-heads of the General Department of Security; heads, deputy-heads of the General Department of Intelligence; commander, deputy-commanders of the Guard Command, of the Ministry of Public Security;
b/ Head, deputy-heads of the General Department of Intelligence; commander, deputy-commanders of the Border Guard Command, of the Ministry of Defense;
c/ Heads, deputy-heads of Professional Departments of the General Department of Security, the General Department of Intelligence, the Ministry of Public Security;
d/ Provincial/municipal police chiefs or deputy-chiefs;
e/ Heads, deputy-heads of Professional Departments of the General Department of Intelligence of the Ministry of Defense;
f/ Head, deputy-heads of the Coast Guard Department; head, deputy-heads of the Army Security Protection Department of the General Political Department; head, deputy-heads of the Scout Department of the Border Guard Command, of the Ministry of Defense.
3. District-level People's Committee presidents shall decide on property damage compensations with a value of under VND 10,000,000 (ten million) for property damage sufferers residing in their respective localities (for cases where property damage sufferers are not managed by specialized national security protection agencies).
4. The Minister of Public Security, the Minister of Defense shall decide on property damage compensations with a value of VND 10,000,000 (ten million) or more for property damage sufferers managed by specialized national security protection agencies.
5. Provincial-level People's Committee presidents shall decide on property damage compensations with a value of VND 10,000,000 (ten million) or more for property damage sufferers residing in their respective localities (for cases where property damage sufferers are not managed by specialized national security protection agencies).
Tìm kiếm
Nghị định 16/2006/NĐ-CP về việc khôi phục danh dự, đền bù, trợ cấp cho cơ quan, tổ chức, cá nhân bị thiệt hại do tham gia bảo vệ an ninh quốc gia (Bản Word)
Nghị định 16/2006/NĐ-CP về việc khôi phục danh dự, đền bù, trợ cấp cho cơ quan, tổ chức, cá nhân bị thiệt hại do tham gia bảo vệ an ninh quốc gia (Bản Pdf)