2.1. Order of execution:
- Representative of the agency, organization, applicant determine behaviors which are contrary to the laws of the registrar.
- The affected person submits an application (enclosed with documents) for compensation.
- The competent agency solves;
- The agency in charge of compensation determines damages;
- The agency in charge of compensation negotiates compensation;
- The agency in charge of compensation makes a decision for compensation.
2.2. Methods of implementation: documents are submitted directly at the head office of administrative agency or via the post system.
2.3. Composition of documents:
- Application for compensation;
- Written document of the competent state agency for determining behaviors which are contrary to the laws of the registrar and relevant documents or proofs;
2.4. Term of settlement:
- Acceptance of the application for compensation: Within 05 working days after receiving the application and legal documents;
- Determination of damages: within 20 working days after accepting the application for compensation; if the event has many complex details or shall be verified in many places, term for determining damages can be prolonged but not exceed 40 working days.
- Negotiation of compensation: within 03 working days after finishing determination of damages, the representative shall negotiate with the affected person. Term for negotiation is 30 working days, after finishing determination of damages; if the event has many complex details or shall be verified in many places, term for negotiation can be prolonged but not exceed 45 working days.
- Making decision for compensation: within 10 working days after finishing negotiation, the agency in charge of compensation shall decide to make compensation.
2.5. Implementing agency: Agency in charge of compensation
2.6. Object of implementation: Individual, organization
2.7. Name of form: None.
2.8. Fee (if any): None.
2.9. Results of implementation: Administrative decision.
2.10. Requirements, conditions of implementation (if any):
- Compensation liabilities of the State in administrative management only arise when the following conditions are satisfied:
+ Have a written document of the competent state agency for determining behaviors of the registrar which are contrary to the laws;
+ Have behaviors of the registrar which are contrary to the laws in the scope of compensation as stipulated in Article 13 of Law on Compensation Liabilities of the State;
+ Have actual damages;
+ Have causal relationship between actual damages and behaviors of the registrar which are contrary to the laws.
- The State does not make compensation for damages caused by the affected person; if the registrar and the affected person cause errors, the State only makes compensation for a part of damages in respect to the registrar’s errors.
2.11. Legal bases:
- Law on Compensation Liabilities of the State in 2009;
- Decree No 16/2010/TT-BTP on detailing and guiding implementation of some articles of Law on Compensation Liabilities of the State;
- Circular No 19/2010/TTLT-BTP-BTC-TTCP on guiding implementation of compensation liabilities of the State for administrative management;
- Joint Circular No 08/2013/TTLT-BTP-BTC-TTCP dated February 27, 2013 on amending, supplementing some articles of Joint Circular No 19/2010/TTLT-BTP-BTC-TTCP dated November 26, 2010 on guiding implementation of compensation liabilities of the State for administrative management;