This is one of the notable new points mentioned in the Draft of the Amended Law on State Compensation Liability.
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Draft Law on State Compensation Liability (Amendments) aims to address the limitations and inadequacies in the process of implementing the law, promptly materializing the provisions of the 2013 Constitution on ensuring human rights, citizen rights, including the right to compensation for material, mental, and honor damage for citizens, as well as ensuring consistency with current codes and laws. Additionally, it is necessary to amend the Law on State Compensation Liability to suit practical life when legal policies closely related to this law have undergone many changes.
Supplemental Provisions on the Right to Claim Compensation
Besides the harmed individual having the right to request compensation from the responsible agency under the Law on State Compensation Liability, the Draft Law on State Compensation Liability (Amendments) also supplements additional subjects who have the right to request compensation, including:
- The heir of the harmed individual has the right to request compensation in case the harmed person dies;- The legal representative of the harmed individual, in cases where a legal representative is required by the Civil Code, has the right to request the responsible agency to address the compensation claim;- The authorized person of the harmed individual, the heir, the legal representative of the harmed individual.
The draft specifically stipulates the compensation handling agency. In some cases, the agency causing the damage is the compensation handling agency; otherwise, the compensation handling agency will be one level higher than the agency causing the damage. Compensation handling at the compensation handling agency must be performed promptly, openly on the basis of equality, goodwill, honesty, without violating legal prohibitions.
Harmed Person's Right to Request Advance Compensation
The harmed individual, the heir (in case of multiple heirs, they must select a representative) or the representative of the harmed individual, when filing a compensation claim can request an advance of compensation costs for calculable damages without verification or negotiation (if any).
Upon the harmed individual's request for advance compensation, the compensator immediately after accepting the compensation request dossier, determines an amount for calculable damages, then proposes the Head of the compensation handling agency to advance the funds to pay a part of that amount to the claimant. The advance compensation funding shall be executed as follows:
- In case of available administrative budget approved by the competent authority, the compensation handling agency must complete the funding advance and payment to the claimant within 5 working days from the receipt of the proposal.
Based on the advanced funds paid to the claimant, the compensation handling agency proposes to the competent financial authority to supplement the advanced funds to the claimant.- In case of insufficient administrative budget approved by the competent authority, the Head of the compensation handling agency shall issue a document requesting the competent financial authority to advance the funds for payment to the claimant within 2 working days from the receipt of the proposal.
The addition of the immediate advance compensation request provision aims to protect the citizens' rights in the best manner, especially in cases where wrongful prosecution leaves citizens homeless, impoverished, severely ill, while complaints and denunciations take years to resolve.
Extension of the Statute of Limitations for Compensation Claims
The statute of limitations for compensation claims is 3 years from the date the harmed individual receives the document used as the basis for the compensation claim (as stipulated by the Law on State Compensation Liability 2009, it was 2 years). The time not counted in the statute of limitations for filing a lawsuit is also stipulated:
- The period of an unforeseeable event or objective obstacle as prescribed by the Civil Code that prevents the harmed individual from exercising the right to claim compensation;- The period during which the harmed individual is a minor, incapacitated, has restricted civil act capacity, or has difficulty in cognition or behavior control, without a legal representative, the legal representative has died or is unable to continue as the representative, until a new representative is appointed.
The claimant must prove the period not counted in the statute of limitations.
See detailed content at the Draft Law on State Compensation Liability (Amendments).
