Wrongly accused people are still compensated even if they lack invoices and documents.

June 20, 2017 14:50

The law has provided for determining the level of compensation in cases where the claimant cannot present legal invoices or documents.

With 92.46% of delegates' opinions in favor, on the morning of June 20, the National Assembly passed the draft Law on State Compensation Liability (amended) with many important new provisions.

In order to facilitate the claimant and at the same time resolve the difficulties arising from the practice of compensation settlement in cases where it is difficult to prove the damage due to the long time, the Law has added specific provisions on damages, compensated costs and the determination of damages and costs, including clear provisions to determine the compensation level in this Law in cases where the claimant cannot present legal invoices or documents for some compensated costs.

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National Assembly delegates press the voting button

Specifically, costs such as room rental, travel expenses, printing documents, sending letters during the complaint and denunciation process; costs of hiring a defense attorney, someone to protect the legal rights and interests of the litigant during the litigation process.

In case the person requesting compensation cannot present legal invoices or documents for the prescribed expenses, the compensation expenses shall not exceed 6 months of basic salary at the time specified in Clause 2, Article 22 of this Law for 1 year from the date of initiation of complaint or denunciation or participation in litigation until the date of the document as the basis for the compensation request.

The cost of sending a petition to a state agency or competent person for settlement is calculated based on the postal receipt. In case the person requesting compensation cannot present a postal receipt, the cost to be compensated shall not exceed 1 month of basic salary at the time specified in Clause 2, Article 22 of this Law for 1 year from the date of initiation of the complaint or denunciation or participation in the proceedings until the date of the document as the basis for the compensation request;

In addition, a point worth noting is the provision on advance compensation funds. Immediately after accepting the compensation request, the compensation settlement officer is responsible for determining the value of the damages according to the regulations and proposing to the Head of the compensation settlement agency the advance compensation funds and the advance level for the compensation claimant.

Within 5 working days from the date of receipt of the proposal, if there is still an administrative management budget assigned by the competent authority, the compensation settlement agency must complete the advance payment and pay to the claimant.

Based on the funds advanced to pay the claimant, the compensation settlement agency shall request the competent financial authority to provide additional funds advanced to the claimant.

The Law also stipulates that a public official who causes damage is obliged to reimburse the state budget part or all of the amount of money that the State has compensated the person who suffered damage.

In case many public servants cause damage, those persons have the obligation to make reparation corresponding to the level of their fault and the damage that the State must compensate./.

According to VOV

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Wrongly accused people are still compensated even if they lack invoices and documents.
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