Recently, the Minister of Justice signed and issued Circular 08/2019/TT-BTP, stipulating measures to implement the state management function regarding state compensation work.
According to the regulations, professional guidance activities are performed by state management agencies to respond to proposals and petitions from compensation settlement agencies or other relevant agencies related to state compensation work. Article 3 of Circular 08/2019/TT-BTP stipulates professional guidance in the following cases:
Illustrative image (source: internet)
- In cases where the compensation settlement agency is the direct management agency of the public officer causing the damage, the professional guidance content includes:handling compensation requests; recommending compensation funding allocation and disbursement; determining the reimbursement responsibility of the public officer causing the damage; state management of state compensation work.
- In cases where the compensation settlement agency is the Court with jurisdiction to resolve the case according to legal procedures, the professional guidance content includes:determining the scope of state compensation liability; determining damages and the value of compensable damages.
Additionally, resolving issues involves the Ministry of Justice responding to proposals and petitions from agencies, organizations, and individuals unrelated to state compensation cases. The content of issue resolution includes:rights and obligations of the claimant, the public officer causing the damage; responsibilities of the compensation settlement agency; handling compensation requests; recommending compensation funding allocation and disbursement; determining the reimbursement responsibility of the public officer causing the damage; state management of state compensation work. The State Compensation Department assists the Ministry of Justice in performing this task.
See the full text of the regulations at Circular 08/2019/TT-BTP, effective from January 25, 2020.
Thu Ba
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