Organizational structure of the Department of State Compensation in Vietnam

Organizational structure of the Department of State Compensation in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Functions of the Department of State Compensation in Vietnam

- The Department of State Compensation is a unit under the Ministry of Justice with the function of advising and assisting the Minister of Justice in state management and organizing law enforcement on state compensation according to the provisions of law.

- The Department of State Compensation (hereinafter referred to as the Department) is a unit with legal status, headquartered in Hanoi, with its own seal and account according to the provisions of law.

(Article 1 of Decision 638/QD-BTP in 2018)

2. Organizational structure of the Department of State Compensation in Vietnam

* Department leaders:

The Department's leadership includes the Director and no more than 03 (three) Deputy Directors.

The Director is responsible before the Minister and before the law for the implementation of the functions, tasks, and powers of the Department.

Deputy Directors assist the Director in managing and operating the Department's activities; assigned by the Director to directly manage and direct a number of work fields and tasks; responsible to the Director of the Department and to the law for assigned work areas.

* Organizations under the Department:

- Organizations that help the Director of the Department perform state management functions:

+ Department Office;

+ Professional Department for state compensation work in administrative management and judgment enforcement activities (referred to as Professional Department 1);

+ Professional Department for state compensation in litigation activities (referred to as Professional Department 2).

- Public service unit: Support Center for exercising the right to claim compensation.

The Support Center exercising the right to claim compensation has its own seal and account in accordance with the law.

The establishment, merger, separation, and dissolution of organizations under the Department are decided by the Minister on the basis of the proposals of the Director of the Department of Personnel Organization and the Director of the Department of State Compensation.

Functions, tasks, powers, and working relationships between organizations under the Department are prescribed by the Director of the Department.

(Clause 1, Article 3 of Decision 638/QD-BTP in 2018)

3. Duties and powers of the Department of State Compensation in Vietnam

The Department of State Compensation has the following tasks and powers:

- Develop strategies, planning, plans, programs, schemes, and projects; draft legal documents on State compensation liability for the Minister to submit to the competent authority for promulgation or promulgate according to his authority; participate in appraising and commenting on projects; and draft documents related to state compensation and documents assigned by the Minister or at the request of coordination of units under the Ministry, units under other relevant Ministries and branches.

- Develop and submit to the Minister the Department's long-term, 5-year, and annual work plans; participate in building strategies, planning, long-term, 5-year, and annual development plans of the Justice sector.

- Organize the implementation of strategies, master plans, plans, programs, schemes, projects, and legal documents on the State's compensation liability after being issued or approved.

- Develop and submit to the Minister for promulgation or promulgate according to authority individual documents, internal documents, forms, and books on state compensation work.

- Review, systematize, and consolidate legal documents; implement the codification of the legal normative system under the management of the Department according to the provisions of the law; and decentralize the Ministry.

- Monitor the implementation of legal documents on the State's compensation liability.

- Monitor and urge compensation settlement activities, compensation payments, and review reimbursement responsibilities.

- Provide professional guidance on state compensation work according to the provisions of law and decentralization of the Ministry; solve problems in applying the law on the State's compensation liability according to the provisions of law.

- Train on skills and operations on state compensation settlement and consideration of reimbursement responsibilities; State management skills on state compensation work according to the provisions of law; and decentralization of the Ministry.

- Participate in verifying damages and negotiating compensation for cases according to the provisions of the law and the decentralization of the Ministry.

Submit to the Minister for decision on determining the compensation settlement agency for cases falling under its authority according to the provisions of law; Recommend competent authorities to handle violations in settling compensation and fulfilling reimbursement responsibilities according to the provisions of law; Recommend the competent person to appeal the Court's judgment or decision regarding compensation settlement according to the provisions of law; Request the Head of the agency directly managing the person performing official duties causing damage to cancel the compensation decision in cases where there is a basis according to the provisions of the Law on State Compensation Liability without issuing a decision to cancel; Recommend the head of the agency directly managing the person performing official duties causing damage to reconsider the reimbursement decision and decide to reduce the reimbursement level according to the provisions of law.

- Carry out a compensation settlement and consider the reimbursement liability of the person on duty who causes damage in compensation claims under the Ministry's responsibility according to the provisions of law.

- Support damaged people in carrying out compensation claim procedures according to the provisions of law.

- Carry out periodic, unexpected, specialized, and interdisciplinary inspections of state compensation work; participate in inspections of state compensation work; receive citizens; resolve complaints and denunciations in state compensation work according to the provisions of law; and decentralize the Ministry.

- Carry out activities on international cooperation in state compensation according to the provisions of law and decentralization of the Ministry.

- Manage and maintain the database on state compensation, the electronic information page on state compensation, and apply information technology in state management of state compensation according to the regulations of the Law.

- Chair and coordinate with agencies and units under the Supreme People's Court, Supreme People's Procuracy, ministries, ministerial-level agencies, Government agencies carry out state management of state compensation work in accordance with the provisions of the law.

- Implement the regime of providing information, reports, statistics, and preliminary and final reviews of the implementation of state compensation work periodically or unexpectedly; Request the compensation settlement agency to report on the settlement of compensation claims, carry out reimbursement responsibilities, and discipline public duty performers according to the provisions of the law and the direction of the Minister.

- Implement the administrative reform program, prevent and combat corruption, waste, and negativity, and handle violations of the law in the field of state compensation according to the provisions of the law and decentralization of the Ministry.

- Participate in scientific research, dissemination, and legal education on the State's compensation liability; participate in training and professional development for civil servants performing state compensation work according to the provisions of law; and decentralize the Ministry.

- Carry out emulation, reward, and management of civil servants, public employees, and employees of the Department according to the provisions of the law and decentralization of the Ministry.

- Implement financial, accounting, management, and use of the Department's budget and assets according to the provisions of the law and decentralization of the Ministry.

- Perform other tasks assigned by the Minister.

(Article 2 of Decision 638/QD-BTP 2018)

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