This is one of the notable provisions mentioned in Circular 08/2019/TT-BTP issued by the Minister of Justice, stipulating measures for implementing state management functions for state compensation work.
Article 13 of Circular 08/2019/TT-BTP stipulates that supervision is the act of the state management agency requesting one or several agencies to perform state compensation work in accordance with the law on state compensation liability. To be specific, the content of supervision as prescribed in this Circular is as follows:
Illustrative image (source: internet)
- Resolving compensation claims at the agency directly managing the public servant causing damage.- Restoring honor.- Allocating compensation funds and disbursing compensation payments.- Determining and enforcing the repayment responsibility of the public servant causing damage.- State management of state compensation work.
In addition, the Ministry of Justice specifically supervises state compensation work in the following cases:
- Supervising the agency directly managing the public servant causing damage, which includes the Supreme People's Court, the Supreme People's Procuracy, Ministries, central authorities providing information as stipulated by the Law on Access to Information, and the Provincial People's Committees;
- Requesting the Supreme People's Court, the Supreme People's Procuracy, or Ministries to supervise the agencies directly managing the public servant causing damage under their management;
- Requesting the Provincial People's Committees to supervise the agencies directly managing the public servant causing damage;
- Supervising the agencies directly managing the public servant causing damage in cases where a supervision request has been made but the requested agency does not supervise or supervises but the supervised agency does not implement the supervision content.
The Provincial People's Committee supervises administrative state agencies, procedural authorities, and enforcement agencies at the local level. The Department of Justice assists the Provincial People's Committee in performing the tasks stipulated in this clause.
Refer to other regulations in Circular 08/2019/TT-BTP effective from January 25, 2020.
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