Regulations on Determining Other Compensable Costs

Decree 68/2018/ND-CP was issued on May 15, 2018. This Decree specifies detailed provisions of certain articles in the 2017 Law on State Compensation Liability, notably including guidelines on determining other compensable expenses specified in Article 28 of the Law.

To be specific, according to Article 12 of Decree 68/2018/ND-CP, the determination of other compensable costs is stipulated as follows:

- The costs of renting accommodation, traveling expenses, printing documents, and sending petitions specified in Clause 1, Article 28 of the Law are compensated in cases where the claimant files complaints, denunciations, or participates in proceedings or claims compensation at one of the following agencies:

- Agencies competent to resolve complaints;- Agencies competent to resolve denunciations;- Courts with jurisdiction according to procedural laws;- Agencies responsible for settling compensation as stipulated by the Law.

- The costs of renting accommodation, traveling expenses, printing documents, and sending petitions specified in Clause 1, Article 28 of the Law are determined by the number of times and the period between complaints, denunciations, participation in proceedings, and compensation claims at the above-mentioned agencies according to the provisions of the law on complaints, denunciations, litigation, and State liability for compensation. The actual number of complaints, denunciations, participation in proceedings, and compensation claims is determined as follows:

- The number of complaints, denunciations, participation in proceedings, compensation claims, and participation upon the request of one of the agencies specified in Clause 1 of this Article to resolve complaints, denunciations, case resolution, compensation settlement corresponding to the rights, timeframe, sequence, and procedures for resolution as stipulated by the law on complaints, denunciations, litigation, and State liability for compensation;- The actual number of complaints, denunciations, participation in proceedings, and compensation claims required to obtain resolution decisions, judgments, or decisions from competent authorities in cases where those authorities do not comply with the law on complaints, denunciations, litigation, and State liability for compensation regarding the timeframe, sequence, and procedures for resolution.

The costs of renting accommodation specified in Clause 1, Article 28 of the Law are determined corresponding to the actual number of working days between the claimant and one of the above-mentioned agencies, plus 1 day of accommodation rental before (if any) and 1 day of accommodation rental after (if any).

More details can be found in: Decree 68/2018/ND-CP which took effect on July 1, 2018.

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