Detailed regulation on State Compensation Law
On 3 March 2010 the Government issued Decree No. 16/2010/ND-CP promulgating and providing the guidelines on a number of articles of the Law on State's Liability to Pay Compensation. Accordingly, the State only compensates for the damages causes directly by the failure to perform duties or power of civil servants in accordance with the regulations of Law. In case of having force majeure and imperative situations, the compensation liability will not be applied.
This Decree sets out the mechanism for the State to seek the reimbursement from the civil servants who caused damages but not reaching the criminal liability. Total reimbursement shall not excess 36 months of salary.
The State body who is liable to compensate is the body directly managing that civil servant. This Decree also extends the subjects to entitle the compensation.
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