Decree No. 16/2010/ND-CP dated March 03, 2010

THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 16/2010/ND-CP

Hanoi, March 03, 2010

DECREE
 
DETAILING AND GUIDING A NUMBER OF ARTICLES OF THE LAW ON STATE COMPENSATION LIABILITY
 
THE GOVERNMENT

 
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 18, 2009 Law on State Compensation Liability;
At the proposal of the Minister of Justice,
 
DECREES:
Chapter I GENERAL PROVISIONS
Article 1. Scope of regulation
This Decree details and guides a number of articles of the Law on State Compensation Liability regarding compensation settlement at compensation-liable agencies and reimbursement liability of public-duty performers in administrative management, legal proceedings and judgment enforcement; and state management of compensation work in administrative management and judgment enforcement.
Article 2. Determination of state compensation liability
1. The State shall compensate only for damage referred to in the Law on State Compensation
Liability when having sufficient grounds specified in Clauses 1 and 2, Article 6 of the Law on State Compensation Liability.
2. The State will not compensate for damage caused in force majeure events or emergency circumstances in the following cases:
a/ Objective, unforeseeable and insurmountable damage which public-duty performers have applied all necessary measures within their capabilities to prevent; -
b/ Damage caused in case a public-duty performer who, for the purpose of avoiding a practical danger which directly threatens the interests of the State or a collective or the lawful rights and interests of his/her own or others, cannot but take an act causing a damage minor than the damage which needs to be prevented;
c/ Damage caused in force majeure events or other emergency circumstances as prescribed by law.          
Chapter II
COMPENSATION SETTLEMENT AT COMPENSATION-LIABLE AGENCIES
Article 3. Compensation-liable agencies in administrative management     
Compensation-liable agencies in administrative management referred to Clause 1, Article 14 of the Law on State Compensation Liability shall be determined as follows:
1. In case the damage-causing public-duty performer is a cadre or civil servant of a ministry, ministerial-level agency or government-attached agency, this ministry or agency shall pay compensation, except the case specified in Clause 2 of this Article.
2. In case the damage-causing public-duty performer is a civil servant of a general department or directorate, department or another unit with the legal person status and its own account under a ministry, ministerial-level agency or government-attached agency, this general department or directorate, department or unit shall pay compensation.
3. In case the damage-causing public-duty performers is a staff member of a provincial-level People’s Committee, the provincial-level People’s Committee shall pay compensation, except the case specified in Clause 4 of this Article.
4. Incase the damage-causing public-duty performer is managed by a specialized agency under a provincial-level People's Committee under the Government's Decree No. 13/2008/ ND-CP February 4, 2008, providing for the organization of specialized agencies under provincial-level People's Committees and other agencies directly managed by provincial-level People’s Committees, such specialized agency shall pay compensation.
5. In case the damage-causing public-duty performer is a staff member of a district-level People's Committee and directly managed by a specialized agency under the district-level People's Committee, the district-level People's Committee shall pay compensation.
6. In case the damage-causing public-duty performer is a staff member of a commune-level People's Committee or a commune-level cadre or civil servant, the commune-level People's Committee shall pay compensation.
7. Other state agencies shall pay compensation under decisions of competent compensation state management agencies under this Decree.
Article 4. Compensation-liable agencies in civil judgment enforcement
Compensation-liable agencies in civil judgment enforcement referred to in Clause 2 Article 40 of the Law on State Compensation Liability shall be determined as follows:
1. In case the damage-causing public-duty performer is a civil servant of the General Department for Civil Judgment Enforcement, the General Department shall pay compensation.
2. In case the damage-causing public-duty performer is a civil servant of a provincial-level Civil Judgment Enforcement Department or the Judgment Enforcement Department of the Ministry of National Defense, such Department shall pay compensation.
3. In case the damage-causing public-duty performer is a civil servant of a district-level Civil Judgment Enforcement Division or the military zone-level Judgment Enforcement Division, sue! Division shall pay compensation.
Article 5. Determination of compensation liable agencies
1. Determination of compensation-liable agencies in administrative management and judgment enforcement
The determination of compensation-liable agencies in administrative management and judgment enforcement complies with Articles 1 and 40 of the Law on State Compensation Liability and Articles 3 and 4 of this Decree.