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Administrative procedures

Solve compensation at the agency in charge of compensation in administrative management
Update day:09-12-2016

 

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):

+ Have a written document of the competent state agency for determining behaviors of the registrar which are contrary to the laws in the scope of compensation liabilities of Law on Compensation Liabilities of the State.

+ Have actual damages caused by the behaviors of the registrar which are contrary to the laws to the affected person.

+ Have causal relationship between actual damages and behaviors of the registrar which are contrary to the laws.

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;

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