📋 Tender Overview
Meeting in plenary session at the Hall this afternoon (August 10), the National Assembly discussed the draft Law amending and supplementing a number of articles of the Law on State Compensation Liability. Download The National Assembly discusses the project Law amending and supplementing a number of articles of the Law on State Compensation Liability. The project Law amending and supplementing a number of articles of the Law on State Compensation Liability was developed and promulgated to promptly institutionalize the Partys guidelines and policies, and the States laws; overcome some limitations and inadequacies of the 2017 Law on State Compensation Liability, ensuring synchronization and unity of the legal system. Improve the effectiveness of state compensation work. During the discussion, the opinions of the vast majority of delegates expressed basic agreement with the need to amend and content of the draft law; Emphasizing that the revised content must continue to promptly and fully institutionalize the Partys new policies and guidelines and the States policies and laws on respecting, ensuring and protecting human rights and citizens rights. At the same time, focus on amending, supplementing and replacing a number of regulations to improve the effectiveness of state compensation work, better meeting the right to claim compensation of damaged people. Enhance the responsibility of state agencies and people performing public duties in the performance of public duties; contribute to preventing violations, tightening discipline and public service discipline; reform and simplify administrative procedures and apply digital transformation in state management, in the process of claiming compensation and compensation settlement; The organization and operations of compensation settlement agencies are consistent with the organizational model of the following agencies and the policy of promoting decentralization and decentralization. In addition, compatibility with relevant international treaties to which Vietnam is a member must be ensured; consistency and synchronization with relevant laws and resolutions, especially laws and resolutions recently promulgated by the National Assembly; Selectively refer to foreign experience, consistent with Vietnams practical conditions to ensure feasibility. Although the draft law defines the scope of compensation liability, many provisions in the law also come from provisions of other laws. Delegate Thai Thi An Chung (Nghe An) believes that it is inappropriate to only frame the scope of compensation liability according to the provisions of this law. To ensure the principle of applying the law, the delegate proposed to amend: In case another law regulates the scope of the states compensation liability promulgated after this law, the determination of the scope of the states compensation liability shall apply according to that law. Regarding the effective time of the compensation decision, delegate Thai Thi An Chung (Nghe An) agreed and appreciated the amendment and supplement of Article 47 in the direction of clearly regulating the making of compensation decisions, including cases of successful and unsuccessful negotiations to resolve practical problems. However, the draft amendment law stipulating the effective time of the compensation decision from 15 days to 60 days from the date the claimant receives the compensation decision needs to be carefully considered because the compensation decision is the result of a process of verification, negotiation and determination of compensation liability. Extending the time before the decision takes effect will delay the implementation of the states compensation obligations, while the injured person has often had to go through a long settlement process and is in dire need of timely compensation to overcome the consequences. If the decision is not yet effective, it will prolong the termination of the case and will not ensure the timeliness set out by the compensation principle. Only ensuring the costs of asset valuation and damage assessment is not reasonable. Regarding funding for compensation work, expressed agreement with the amendment of Article 60 of the current law. However, some opinions believe that if the state budget only covers the cost of property valuation and damage assessment, it is unreasonable and does not fully cover the actual requirements of the damage verification process because to resolve a compensation claim, damage verification not only includes property valuation or damage assessment, the compensation agency must also collect, verify, check and compare documents and evidence, determine actual damage, and assess the level of damage. damage, determine the cause and cause-and-effect relationship between the illegal acts of the person performing official duties and the damage caused. For complex cases, other specialized activities may also be needed to clarify the damage. The draft law proposes to amend Clause 1, Article 45 so that the compensation handler is responsible for verifying the damage requested in the dossier. In case of necessity, the compensation settler has the right to request appraisal, property valuation, damage assessment or use damage assessment results from competent agencies or organizations in accordance with the law provided by the compensation claimant. Some ideasn believes that the above regulations are completely appropriate, both ensuring shortening of time and ensuring cost savings. However, property valuation costs and damage assessment costs paid by the compensation claimant have not been included in other reasonable costs to be compensated according to the provisions of Article 28. Therefore, it is proposed to supplement regulations on property valuation and damage assessment costs as a basis for compensation handlers to verify damages. The draft currently stipulates that the State compensates for the act of intentionally providing false information without correction and
