Article 3. Compensation-liable agencies in administrative management

Compensation-liable agencies in administrative management referred to Clause 1, Article 14 of the Law on State Compensation Liability shall be determined as follows:

1. In case the damage-causing public-duty performer is a cadre or civil servant of a ministry, ministerial-level agency or government-attached agency, this ministry or agency shall pay compensation, except the case specified in Clause 2 of this Article.

2. In case the damage-causing public-duty performer is a civil servant of a general department or directorate, department or another unit with the legal person status and its own account under a ministry, ministerial-level agency or government-attached agency, this general department or directorate, department or unit shall pay compensation.

3. In case the damage-causing public-duty performer is a staff member of a provincial-level People's Committee, the provincial-level People's Committee shall pay compensation, except the case specified in Clause 4 of this Article.

4. In case the damage-causing public-duty performer is managed by a specialized agency under a provincial-level People's Committee under the Government's Decree No. 13/2008/ ND-CP of February 4, 2008, providing for the organization of specialized agencies under provincial-level People's Committees and other agencies directly managed by provincial-level People's Committees, such specialized agency shall pay compensation.

5. In case the damage-causing public-duty performer is a staff member of a district-level People's Committee and directly managed by a specialized agency under the district-level People's Committee, the district-level People's Committee shall pay compensation.

6. In case the damage-causing public-duty performer is a staff member of a commune-level People's Committee or a commune-level cadre or civil servant, the commune-level People's Committee shall pay compensation.

7. Other state agencies shall pay compensation under decisions of competent compensation state management agencies under this Decree.

Article 4. Compensation-liable agencies in civil judgment enforcement

Compensation-liable agencies in civil judgment enforcement referred to in Clause 2, Article 40 of the Law on State Compensation Liability shall be determined as follows:

1. In case the damage-causing public-duty performer is a civil servant of the General Department for Civil Judgment Enforcement, the General Department shall pay compensation.

2. In case the damage-causing public-duty performer is a civil servant of a provincial-level Civil Judgment Enforcement Department or the Judgment Enforcement Department of the Ministry of National Defense, such Department shall pay compensation.

3. In case the damage-causing public-duty performer is a civil servant of a district-level Civil Judgment Enforcement Division or the military zone-level Judgment Enforcement Division, such Division shall pay compensation.

Article 5. Determination of compensation-liable agencies

1. Determination of compensation-liable agencies in administrative management and judgment enforcement

The determination of compensation-liable agencies in administrative management and judgment enforcement complies with Articles 14 and 40 of the Law on State Compensation Liability and Articles 3 and 4 of this Decree.

In case damage sufferers cannot identify or no agreement can be reached on compensation-liable agencies, they may request competent compensation state management agencies defined in Chapter IV of this Decree to determine compensation-liable agencies according to the following procedures:

a/ When a damage sufferer cannot identify the compensation-liable agency, within 5 working days after receiving the damage sufferer's written request, the compensation state management agency shall issue a document identifying the compensation-liable agency;

b/ If no agreement can be reached on the compensation-liable agency, the time limit for issuing a document identifying the compensation-liable agency may be extended but must not exceed 15 days from the date of receipt of a written request from the damage sufferer. In this case, the compensation-liable agency shall be determined as follows:

- At the request of the damage sufferer, the compensation state management agency shall assume the prime responsibility for, and coordinate with agencies involved in causing the damage in. identifying the compensation-liable agency;

- If no agreement can be reached on the identification of the compensation-liable agency, the compensation state management agency shall decide to appoint one of the involved agencies as the compensation-liable agency.

c/ A document identifying the compensation-liable agency must be sent immediately to the damage sufferer and the compensation-liable agency for compliance.

2. Identification of compensation-liable agencies in legal proceedings

a/ The identification of compensation-liable agencies in legal proceedings complies with Articles 29 thru 33 of the Law on State Compensation Liability.

b/ In case damage sufferers cannot identify or no agreement can be reached on compensation-liable agencies, they may request competent agencies to identify compensation-liable agencies under the guidance of the Supreme People's Court, the Supreme People's Procuracy, the Ministry of Public Security, the Ministry of National Defense and the Ministry of Justice.

Article 6. Tasks and powers of heads of compensation-liable agencies in the process of compensation settlement

Heads of compensation-liable agencies shall take responsibility before law for compensation settlement and have the following tasks and powers:

1. To organize compensation settlement according to the procedures specified in Article 9 of this Decree;

2. To appoint their representatives to settle compensation;

3. To guide and direct their representatives to settle compensation under law;

4. To report on compensation settlement under Article 12 of this Decree;

5. To supply compensation settlement-related decisions to public-duty performers who have caused the damage;

6. To perform other tasks and exercise other powers provided for by law.

Article 7. Appointment of representatives to settle compensation

1. Right after accepting a compensation claim, the head of the compensation-liable agency shall issue a decision appointing a representative to settle compensation (below referred to as the representative).

In case the head of an agency is the public-duty performer who has caused the damage or the spouse, paternal grandfather, paternal grandmother, maternal grandfather, maternal grandfather, blood father, adoptive father, blood mother or adoptive mother (of spouse), offspring, adopted child or sibling (of spouse), paternal grandchild or maternal grandchild of the public-duty performer who has caused the damage or of the damage sufferer (below collectively referred to as the related person), the leadership of such agency shall discuss and agree to appoint a representative of the leadership to take responsibility for compensation settlement.

In case the compensation-liable agency operates under the collective regime, the agency's collective shall decide to appoint its representative.

2. The representative must fully satisfy the following conditions:

a/ Being a leading official of the divisional, equivalent or higher rank;

b/ Having work experience in the branch or domain in which the compensation liability arises;

c/ Being other than the related person of the public-duty performer who has caused the damage or of the damage sufferer.

Article 8. Tasks and powers of the representative

The representative shall take responsibility before the head of the compensation-liable agency for compensation settlement and has the following tasks and powers:

1. To verify the damage under Article 18 of the Law on State Compensation Liability;

2. To negotiate with the damage sufferer about compensation settlement under Article 19 of the Law on State Compensation Liability;

3. To report to the head of his/her agency on damage verification and negotiation results;

4. To draft decisions on compensation settlement;

5. To perform other tasks related to compensation settlement as assigned by the head of his/her agency.

Article 9. Procedures for compensation settlement at compensation-liable agencies

1. Within 5 working days after accepting a compensation claim, the compensation-liable agency shall verify the damage as a ground for determining the compensation amount under Article 18 of the Law on State Compensation Liability.

2. Within 3 working days after finishing the damage verification, the compensation-liable agency shall negotiate with the damage sufferer under Article 19 of the Law on State Compensation Liability.

3. Within 3 working days after finishing the negotiation, the compensation-liable agency shall finalize a draft decision on compensation settlement and may send, when necessary, it to concerned agencies for opinion.

4. Based on damage verification and negotiation results and opinions of concerned agencies (if any), the compensation-liable agency shall issue a compensation settlement decision under Article 20 of the Law on State Compensation Liability and take responsibility before law for its decision.

5. As soon as a compensation settlement decision takes effect, the compensation-liable agency shall carry out procedures for allocating and paying the compensation amount under Article 54 of the Law on State Compensation Liability.

Article 10. Handover of compensation settlement decisions to damage sufferers

1. A compensation settlement decision shall be handed to the damage sufferer by:

a/ A representative of the compensation-liable agency;

b/ A representative of the commune-level People's Committee of the locality where the damage-suffering individual resides or the damage-suffering organization is headquartered, in case this decision is handed through the commune-level People's Committee; or,

c/ Another person as provided for by law.

2. Procedures for handing a compensation settlement decision

a/ The person handing a compensation settlement decision shall directly hand it over to the damage sufferer. The sufferer shall sign the record or book on delivery and receipt of compensation settlement decisions. The date of such signing is the date of receipt of the compensation settlement decision.

b/ If the damage sufferer is absent, the compensation settlement decision may be handed to his/her relative with full civil act capacity who resides together with him/her. This relative shall sign the record or book on delivery and receipt of compensation settlement decisions. The date of signing is the date the sufferer receives the compensation settlement decision.

If the damage sufferer has no relative who has full civil act capacity and resides together with him/her or this relative refuses to receive on his/her behalf the compensation settlement decision, this decision may be handed though the commune-level People's Committee of the locality where the sufferer resides.

In case the compensation settlement decision is handed through another person, such handover must be made in a record stating the damage sufferer's absence, the person to whom the decision is handed; reason for and date and time of handover; the relationship between the on-behalf recipient of the decision and the sufferer; and the commitment to hand the decision directly to the sufferer. Such record must bear the signatures of the person agreeing to hand the decision, the person handing the decision and the witness.

3. If the damage sufferer is absent while the time of his/her return or his/her address is unknown, the person handing the compensation settlement decision shall make a record of failure to hand the decision, which must bear the signature of the provider of information on the damage sufferer.

4. If the damage sufferer refuses to receive the compensation settlement decision, the decision-handing person shall make a record stating the reason for refusal and have it certified by the head of the population group or the commune-level People's Committee or police division.

Article 11. Procedures for retuning assets

In the process of compensation settlement, if having grounds for returning assets under Article 50 of the Law on State Compensation Liability, the compensation-liable agency shall return assets according to the following procedures:

1. Within 5 working days from the date of annulment of a decision on asset seizure, temporary detention, distraint or confiscation, the agency which has issued this decision shall notify the damage sufferer of the return of his/her assets. Such notice must indicate the place and time of returning assets.

2. The return of assets shall be conducted at the head office of the agency which has issued the decision on asset seizure, temporary detention, distraint or confiscation or in the place where the assets are preserved.

All expenses for the transportation, assembly and restoration of the original state of assets shall be borne by the agency which has issued the decision on asset seizure, temporary seizure, distraint or confiscation.

3. When returning assets, a civil servant who is assigned to return assets shall request the damage sufferer or the person authorized by the damage sufferer to receive assets to produce papers evidencing that he/she is the person having his/her assets seized, temporarily detained, distrained or confiscated or is the person authorized by the former.

4. A civil servant assigned to return assets shall request the asset recipient to check the quantity, volume and other characteristics of assets to the witness of the keeper of the warehouse where assets are preserved.

5. The return of assets must be made in a written record signed by the asset recipient, the representative of the agency which has issued the decision on asset seizure, temporary detention, distraint or confiscation, the civil servant assigned to return assets and the keeper of the warehouse where assets are preserved.

Article 12. Responsibility to report on compensation settlement

1. In the process of compensation settlement, the compensation-liable agency in administrative management and judgment enforcement shall report to the immediate superior state agency on:

a/ Acceptance of compensation claims;

b/ Issuance of compensation settlement decisions;

c/ The damage sufferer's initiation of a lawsuit to request the court to settle compensation;

d/ Carrying out of compensation payment procedures.

Such report must be enclosed with copies of documents related to compensation settlement.

2. Compensation-liable agencies which are ministries, ministerial-level agencies, government-attached agencies or provincial-level People's Committees shall report on compensation settlement under Clause 1 of this Article to the Ministry of Justice.

3. Compensation-liable agencies in legal proceedings shall report on compensation settlement to competent state agencies under the guidance of the Supreme People's Court, the Supreme People's Procuracy, the Ministry of Public Security, the Ministry of National Defense and the Ministry of Justice.

4. In addition to the tasks defined in Clauses 1. 2 and 3 of this Article, compensation-liable agencies shall, at the request of competent compensation state management agencies, promptly report on compensation settlement to meet the requirements of state management of compensation work.

Chapter III

REIMBURSEMENT LIABILITY OF PUBLIC-DUTY PERFORMERS