Decree 68/2018/ND-CP: Methods for Verifying Compensable Damages

To be specific, according to Article 14 of Decree 68/2018/ND-CP, the method of damage verification stipulated in Article 45 of the Law on State Compensation Liability 2017 is specified as follows:

- Damage verification shall be carried out by one or several of the following methods:

- Identifying the damages compensated by the State in the compensation request document;- Requesting the claimant, individuals, and organizations involved to provide documents and evidence related to the resolution of the compensation request as stipulated in Article 16 of Decree 68/2018/ND-CP;- Organizing direct exchanges of opinions between the claimant and the involved individuals or organizations. Such exchanges must be documented, with signatures or fingerprints of the participating individuals and organizations;- Requesting an appraisal of the documents and evidence provided by the claimant in the file if there are grounds to believe that these documents and evidence are forged or in other necessary cases;- Reviewing and assessing the existing condition of the property at the location where the damage occurred;- Collecting written opinions from the involved individuals or organizations about the damage and the compensation amount requested by the claimant in the file as stipulated in Article 18 of Decree 68/2018/ND-CP;- Valuing property and appraising damage as stipulated in Article 17 of Decree 68/2018/ND-CP;- In the case where one of the damages that the claimant has provided complete documents and evidence as stipulated in Article 15 of Decree 68/2018/ND-CP and is in line with the law, the compensation resolver shall conduct on-site verification of that damage.

If the parties agree to extend the time limit for damage verification, the agreement must be recorded in writing and signed by the compensation resolver and signed or fingerprinted by the claimant on each page of the document. The document must contain the following main contents:

- Date of the document;- Reason for extending the time limit for damage verification;- Extended time limit for damage verification.

For more related content, see: Decree 68/2018/ND-CP effective July 1, 2018.

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