In which case is the damage-causing law enforcer entitled to reduction of refund rates to the state budget of Vietnam?
- How to determine the refund rate to the state budget of the law enforcer who unintentionally causes damage?
- In which case is the damage-causing law enforcer entitled to reduction of refund rates to the state budget of Vietnam?
- How to determine the level of reimbursement to the state budget in case there are many law enforcers who cause damage together?
How to determine the refund rate to the state budget of the law enforcer who unintentionally causes damage?
Pursuant to Clause 3, Article 26 of Decree 68/2018/ND-CP stipulating the refund rate of the law enforcer who unintentionally causes damage is determined as follows:
- In case the amount of compensation the State has paid is higher than 10 months' salary of the damage-causing law enforcer at the time of issuance of the refund decision, the refund level is 5 months' salary of that person.
- In case the amount of compensation the State has paid from over 8 to 10 months' salary of a law enforcer causing damage at the time of issuance of a refund decision, the refund rate is 4 months' salary of that person.
- In case the amount of compensation the State has paid from 06 to 08 months' salary of a law enforcer causing damage at the time of issuance of a refund decision, the refund level is 03 months' salary of that person.
- In case the amount of compensation the State has paid is lower than 06 months' salary of the damage-causing law enforcer at the time of issuance of the refund decision, the refund level shall be equal to 50% of the amount already compensated by the State.
In which case is the damage-causing law enforcer entitled to reduction of refund rates to the state budget of Vietnam? (Image from the Internet)
In which case is the damage-causing law enforcer entitled to reduction of refund rates to the state budget of Vietnam?
Pursuant to Clause 2, Article 27 of Decree 68/2018/ND-CP stipulating as follows:
Reducing the refund rate specified in Clause 4, Article 65 of the Law
1. The proactive remedial action means that the damage-causing law enforcer voluntarily compensates and partially recovers the damage to the damage sufferer.
2. Damage-causing law enforcers with difficult economic circumstances are people in one of the following cases:
a) The damage-causing law enforcer is the sole employee of the family who, if he/she has to perform the entire repayment obligation, it will affect the family's normal life and falls into one of the following cases: have to raise minor children or raise adult children who are disabled or unable to work; raise a spouse who is unable to work; raising parents who have reached the end of working age or are unable to work;
b) The law enforcer has long-term poor economic conditions due to a disaster, natural disaster, fire leading to loss of property or due to an accident resulting in damage to health of 31% or more, or critically ill.
The damage-causing law enforcer is responsible for proving the conditions for reduction of the refund rate specified in this Clause.
3. If a law enforcer fully meets the conditions for reduction of the refund rate, the head of the agency that has issued the reimbursement decision shall issue a decision to reduce the refund rate for such person. The decision to reduce the refund level must have the following main contents:
a) Full name of the damage-causing law enforcer entitled to a reduction in the refund rate;
b) The reason for the reduction of the refund level;
c) The level of reimbursement is reduced;
d) The remaining amount to be refunded (if any).
Thus, according to the above regulations, a damage-causing law enforcer who is entitled to a reduction in the amount of refund to the state budget must be a person with difficult economic circumstances, specifically in one of the following cases:
- The damage-causing law enforcer is the only employee of the family who, if having to perform the entire repayment obligation, will affect the family's normal life and falls into one of the following cases:
+ Having to raise minor children or take care of adult children who are disabled or unable to work.
+ Raising a spouse who is unable to work.
+ To raise parents who have reached the end of working age or are unable to work.
- Officials have had poor economic conditions for a long time due to a disaster, natural disaster, fire leading to loss of property or due to an accident resulting in damage to health of 31% or more or due to a serious illness.
Note: The damage-causing law enforcer is responsible for proving the above cases.
In addition, in Clause 4, Article 65 of the 2017 Law on State Compensation Liability in Vietnam stipulating as follows:
Determination of refund rates and reduction of refund rates
...
4. Each law enforcer shall be entitled to reduced reimbursement when they fully meet the following conditions:
a) Proactively overcoming the consequences;
b) To fulfill all obligations in the process of claim settlement and have repaid at least 50% of the amount to be reimbursed;
c) He/she is economically disadvantaged.
The head of the enforcer’s superior body shall decide to reduce the reimbursement but not exceeding 30% of the total amount to be reimbursed.
Thus, law enforcers who are economically disadvantaged are only one of the conditions for a reduction of refund rates to the state budget.
How to determine the level of reimbursement to the state budget in case there are many law enforcers who cause damage together?
Pursuant to Clause 2, Article 26 of Decree 68/2018/ND-CP stipulating the determination of the level of reimbursement in case there are many law enforcement officers who jointly cause damage shall be done as follows:
- Determine the level of reimbursement of a law enforcer over the entire amount of compensation the State has paid in proportion to the degree of error as prescribed in Clause 2, Article 65 of the 2017 Law on State Compensation Liability in Vietnam.
- Calculate the total amount of refund of damage-causing law enforcers on the basis of the results specified at Point a, Clause 2, Article 26 of Decree 68/2018/ND-CP.
- Calculate the percentage of reimbursement of each damage-causing law enforcer specified at Point a of this Clause compared with the total refund rate specified at Point b, Clause 2, Article 26 of Decree 68/2018/ND-CP.
- The level of reimbursement for each damage-causing law enforcer is determined by the amount of compensation the State has paid multiplied by the percentage specified at Point c, Clause 2, Article 26 of Decree 68/2018/ND-CP.
Nguyễn Thị Hồng Nhung
