On the afternoon of August 23, with 470/471 delegates participating in the vote in favor, the National Assembly passed the Law amending and supplementing a number of articles of the Law on State Compensation Liability.
Before the delegates pressed the button to approve, Member of the Party Central Committee, Minister of Justice Hoang Thanh Tung reported on receiving and explaining the revision of the draft law.
Minister Hoang Thanh Tung said that, based on receiving the opinions of the majority of National Assembly deputies, and with the consensus of the National Assembly Standing Committee, the Government proposed that the National Assembly allow the absorption and revision of regulations in the law in a stricter direction, avoiding expanding the scope of state compensation responsibilities beyond the prescribed fields.
After being passed by Parliament, the law takes effect from March 1, 2027.
The new amended Law, Article 17, stipulates the scope of state compensation responsibility in administrative management activities; clearly stipulates that the state is responsible for compensating for damages in some cases.
In which, there must be a responsibility for compensation when not applying or applying not promptly, incorrectly measures to protect whistleblowers, people fighting against corruption, wastefulness, negativity and relatives according to the provisions of the Law on Denunciations and other relevant laws.
At the same time, the State must also compensate when applying illegal taxes, fees, and charges; collecting illegal taxes, fees, and charges; illegally collecting and refunding taxes; illegally collecting land use fees.
The State must compensate when allocating land, leasing land, recovering land, allowing illegal land use purpose conversion; illegal compensation, support, site clearance, resettlement; issuing, not issuing or revoking Certificates of land use rights, ownership of assets attached to land illegally.
The law also stipulates the determination of the reimbursement level, reduction of the reimbursement level, and exemption from reimbursement when compensating.
In which, it is stipulated that "persons on duty who intentionally cause damage but are not criminally prosecuted, the level of reimbursement is from 30 to 50 months' salary of that person at the time of the reimbursement decision but a maximum of 50% of the amount that the State has compensated".
The head of the agency directly managing the person performing official duties causing damage decides to reduce the reimbursement amount, but a maximum of 30% of the total amount to be reimbursed when the person performing official duties causes damage due to unintentional fault in one of the following cases:
Implementing proposals on innovation and creativity in accordance with the guidelines and plans approved by competent authorities, without self-interest and proactively preventing and overcoming the consequences to the maximum.
Proactively overcome the consequences, fully fulfill obligations in the process of resolving compensation claims and have returned at least 50% of the amount to be returned.
