Circular 08: Official issuance of guidelines for liability management in state compensation in Vietnam

The content is mentioned in Circular 08/2019/TT-BTP, which was recently issued by the Minister of Justice (Hanoi, Vietnam), stipulating measures for the implementation of state management functions concerning state compensation work.

Circular 08/2019/TT-BTP prescribes the guidance on professional operations in State compensation work (hereinafter referred to as professional guidance) to be carried out in writing based on the written request of the requesting agency, or directly at the compensation settlement agency or at the state management authority for state compensation work at the locality where the incident occurs. The professional guidance document must clearly state the legal basis and the guidance content.

form  of  professional  guidance  on  state  compensation  management,  Circular  08/2019/TT-BTP

Illustration (source: internet)

For cases where professional guidance is provided directly at the compensation settlement agency or the state management authority for state compensation work, the professional guidance is conducted in the following order:

a) Assign a working group to conduct professional guidance;

b) Prepare contents and materials for professional guidance;

c) Notify the compensation settlement agency, state management authority for compensation work at the locality about the time and place of the professional guidance session;

d) Conduct professional guidance for the requesting agency;

đ) Draft a record of the professional guidance contents. The record must bear the signatures of the guiding agency, the guided agency, and each agency shall receive one copy of the record during the guidance session;

e) Issue a written professional guidance document.

Additionally, resolving queries regarding the application of the law on State compensation liability (hereinafter referred to as resolving queries) is undertaken in writing for written requests or directly on the electronic portal or through email for queries submitted via the electronic portal or email. The response document to the queries must clearly state the legal basis and the resolved query content.

More details can be found in: Circular 08/2019/TT-BTP which comes into force in Vietnam from January 25, 2020.

Thu Ba

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