Regulations on the organizational structure of the Department of State Compensation in Vietnam

Regulations on the organizational structure of the Department of State Compensation in Vietnam (Internet image)

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

The Department of State Compensation is a unit of which Ministry 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. It is a unit with legal status, headquartered in Hanoi, with its own seal and account according to the provisions of law.

Thus, the Department of State Compensation is a unit under the Ministry of Justice.

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

Regulations on the organizational structure of the Department of State Compensation in Vietnam

Specifically, Clause 1, Article 3, Decision 638/QD-BTP of 2018 stipulates the organizational structure of the Department of State Compensation as follows:

(1) 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; are assigned by the Director to directly manage and direct a number of work fields and tasks; are responsible to the Director of the Department and to the law for assigned work areas.

(2) 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.

Some tasks 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 coordination request of units under the Ministry and 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, and the 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 they are 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 law; and decentralize the ministry.

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

- Monitor and urge compensation settlement activities and 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.

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

(More details can be found in Article 2 of Decision 638/QD-BTP 2018)

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