Chapter III
MATERIAL RESPONSIBILITY
Article 23.-
1. The compensation for any damage must be considered and decided on the basis of the fault(s), the nature of the act of causing damage, the actual extent of damage and with the actual family situation and personal history of the concerned public employee taken into account.
2. For a damage valued at under 5 million dong, a public employee shall, in principle, have to make full compensation therefor by gradual deduction from his/her wage; if the damage is caused unintentionally, he/she shall have to pay compensation with his/her three-month salary at most, which shall be gradually deducted from his/her monthly wage but the deducted amount must not be lower than 10% or higher than 30% of his/her total earning from wage and allowance (if any).
Article 24.-
1. The head of the agency or organization shall have to set up a Council for consideration and settlement of compensation for damage.
2. The Council shall include:
a/ Its chairman, being the head or a deputy head of the agency, organization or unit;
b/ A member being the leader of the trade union of the same level;
c/ A member being the person in charge of finance-accountancy section;
d/ A member being the person directly in charge of the section where the person, who has to make compensation, is working.
e/ A member being an economic-technical specialist.
3. The Council is tasked to consider and propose levels and modes of compensation to the head of the agency or organization.
Article 25.- The Council shall meet to consider and settle compensation according to the following procedure:
1. The Council’s chairman present the participants and appoint a secretary;
2. The representative of the finance-accountancy section briefs the participants on the compensation regime and level;
3. The Council listens to the justification by the person in question and opinions of the Council’s members;
4. The Council discusses and ballots on the level of compensation;
5. The meeting’s result shall be made into a written proposal to be submitted to the head of the agency or organization for decision according to his/her competence;
6. The Council shall dissolve after the fulfillment of its task.
Article 26.- Public employees who commit acts of the law violation in the performance of their tasks or duties, thus causing damage to other persons as stipulated in Clause 5, Article 39 of the Ordinance on Public Employees shall have to make compensation in accordance with the provisions of Decree No.47-CP of May 3, 1997 on settling compensation for damage caused by State officials and employees and competent persons of the legal proceedings agencies.
Article 27.- If a public employee subject to compensation for damage does not satisfy with the decision on compensation, he/she shall have the right to complain about such decision with the competent agency in accordance with the legislation on complaints and denunciations.
Tìm kiếm
Nghị định 97/1998/NĐ-CP (Bản Word)