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Administrative procedures

Solve the first claim on state compensation
Update day:09-12-2016

6.1. Order of execution:

+ Affected person gives the claim;

+ The competent agency solves;

+ Determine contents of the claim;

+ Hold the conversation;

+ Issue a decision for solving the claim;

+ Give a decision for solving the first claim.

6.2. Methods of implementation: the claim is submitted directly or through the post system to the head office of the implementing agency.

6.3. Composition and quantity of documents:

+ Claim or recordings of claim;

+ Documents, proofs provided by the parties;

+ Minutes of inspection, verification, conclusion, inspection results (if any);

+ Minutes of holding conversation (if any);

+ Decision for solving the claim;

+ Other relevant documents.

6.4. Term of settlement:

+ Not over 30 working days, after the date of acceptance; for the complex event, term of settlement can be prolonged but not exceed 45 working days after the date of acceptance.

+ In the remote areas with difficult travelling, term of settlement shall not exceed 45 working days after the date of acceptance; for the complex event, term of settlement can be prolonged but not exceed 60 working days after the date of acceptance.

6.5. Object of implementation: Individual, organization

6.6. Implementing agency:

- Chairman of People’s Committee of the City;

- Director of the Department and similar agency;

- Head of the agency under the Department and similar agency;

6.7. Results of implementation: decision for solving the first claim.

6.8. Fee (if any): None.

6.9. Contents of the claim: if the claim is made in the application, the application shall specify date of claim, name and address of applicant, name and address of the complained agency, organization, individual; contents and reasons of claim, documents relating to the claim and the request of the applicant. The application shall be signed or fingerprinted by the applicant.

6.10. Requirements, conditions of implementation (if any):

Have bases that administrative decisions, administrative behaviors of the agency in charge of compensation, the competent agency in solving compensation; considering return liabilities in administrative management and implementing civil judgment are contrary to the laws, violate directly his/her/its rights and legal obligations (Article 4 of Joint Circular No 06/2014/TTLT-BTP-TTCP-BQP).

6.10.1. Term for claim:

+ Term for the claim for solving compensation, considering return liabilities in administrative management and implementing civil judgment is 90 working days after receiving the administrative decision or being aware of the administrative decision or behavior.

+ If the applicant fails to make the claim on time because of his/her illness, natural disasters, diseases, business trip, study in a far place or other objective reasons and have legal documents for proving, such duration is not included in the term.

6.10.2. Requirements, conditions of implementation for some specific cases as stipulated from Article 8 to Article 14 of Joint Circular No 06/2014/TTLT-BTP-TTCP-BQP:

+ Claim for acceptance of compensation documents (Article 8):

(1) Claim for acceptance of compensation documents is made when obtaining one of the following bases:

a) Documents for compensation are in full and legal under the laws but the agency in charge of compensation does not make acceptance and give a written notice to the applicant or guide the applicant to send the application to the agency in charge of solving;

b) Documents for compensation are not in full but 05 working days after receiving documents end, the agency in charge of compensation fails to guide to supplement documents for compensation.

(2) If the claim for acceptance of documents for compensation is accepted and solved, term for making the claim and solving the claim is not included in the term for compensation as stipulated in Article 5 of Law on Compensation Liabilities of the State (hereafter called as Law for CLS).

+ The claim for appointment of representative in charge of solving compensation (Article 9);

The claim for appointment of representative in charge of solving compensation is made when obtaining one of the following bases:

 (1) The agency in charge of compensation liabilities fails to appoint the representative in charge of solving compensation as stipulated in clause 1, Article 7 of Decree No 16/2010/ND-CP dated March 03, 2010 of the Government detailing and guiding implementing some articles of Law for CLS (hereafter called as Decree No 16/2010/ND-CP);

(2) A person appointed by the head of the agency in charge of compensation as the representative in charge of solving compensation does not obtain conditions as stipulated in clause 2, Article 7 of Decree No 16/2010/ND-CP.

+ Claim for paying valuation and re-inspection fees (Article 10):

Based on regulations in clause 3, Article 18 of Law for CLS, the applicant has right to make a claim to the agency in charge of compensation to pay valuation and re-inspection fees.

+ Claim for implementing procedure of transferring the compensation decision to the affected person (Article 11):

The Claim for implementing procedure of transferring the compensation decision to the affected person is made when obtaining one of the following bases:

 (1) The transferor is one of people as stipulated in clause 1, Article 10 of Decree No 16/2010/ND-CP;

(2) Transferring the compensation decision is not made under the regulations of clause 2, clause 3 and clause 4 of Article 10 in Decree No 16/2010/ND-CP.

+ Claim for implementing procedure for returning assets (Article 12):

The claim for implementing procedure for returning assets is made when obtaining one of the following bases:

(1) Beyond 05 working days after the decision for seizure, custody, distraint, foreclosure is cancelled, the agency which makes such decision fails to give a written notice to the affected person of returning assets as stipulated in clause 1, Article 11 of Decree No 16/2010/ND-CP;

(2) Assets returned to the affected person are not in accordance with quantity, volume and other characteristics under the decision of the competent state agency.

+ Claim for paying compensation (Article 13):

The claim for paying compensation is made when obtaining one of the following bases:

(1) Beyond 05 working days after receiving compensation costs from the financial agency, the agency in charge of compensation fails to pay compensation to the affected person or his/her relative.

(2) The agency in charge of compensation fails to comply with the agreement with the affected person for method of payment.

+ Claim for considering return liabilities (Article 14):

The claim for considering return liabilities is made when obtaining one of the following bases:

(1) Members of the Council for considering return liabilities are not in accordance with composition as stipulated in clause 2, Article 13 of Decree No 16/2010/ND-CP;

(2) Working method of the Council for considering return liabilities is not in accordance with Article 15 of Decree No 16/2010/ND-CP;

(3) Return decision specifies return level and method of return which are not in conformity with level of damages, errors and economic status of the registrar in charge of return or determination of return level is not in accordance with Article 16 of Decree No 16/2010/ND-CP;

(4) The registrar in charge of return fails to receive the return decision.

6.11. Requirements, conditions for the administrative decision or behavior:

+ Administrative decision or behavior of the head of the agency under the Ministry, under the Ministerial – level agency, the officer, official managed directly by the head of the agency under the Ministry, under the Ministerial – level agency in solving compensation, considering return liabilities in administrative management.

+ Administrative decision or behavior of the Minister, head of the Ministerial – level agency, the officer, official managed directly by the Minister, the head of Ministerial – level agency in solving compensation, considering return liabilities in administrative management.

6.12. 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;

- Joint Circular No 06/2014/TTLT-BTP-TTCP-BQP dated February 14, 2014 of Ministry of Justice, Government Inspector, Ministry of Defense guiding to make claims, solve claims on state compensation in administrative management and implementation of civil judgment;

- Law on Claims in 2011;

- Decree No 75/2012/ND-CP dated October 03, 2012 of the Government detailing some articles of Law on Claims.

 

 

 

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