What rules govern the payment of compensation by the State?

Various legal documents deal with the State’s payment of compensation but enforcement is tardy and not methodical. Further, the rights of the aggrieved are limited.

Decree 47 says settlement of compensation must be done by a council, not a court.

Documents stipulating eligibility for State compensation are too general and this makes their application difficult.

Compensation mostly deals with spiritual and material damage. It does not ensure an individual’s reinstatement to a previous position or pension entitlement.

And the documents do not deal with compensation for damage done by a civil servant or an entity as a result of a wrong decision or judgement.

What should the law’s draftsmen do?

Define what type of behaviour the State must compensate.

They should then list the type of behaviour that attracts compensation. I think that the draft law should include a clause about the obligation civil servants and their superiors have to an aggrieved person or entity.

Many individuals fall victims to people in authority. Where should they go to claim compensation?

It’s identified in the draft law. But we have asked the drafting committee to consider making the Justice Ministry the focal point in settling damage done by central government officials. Provincial or city Justice Departments should have responsibility for settling complaints by their citizens.

We have also sent a proposal to the Government asking for the creation of a State Compensation Department to be affiliated with the Justice Ministry.

The State Compensation Law is expected to be approved by the National Assembly in late 2009. So too is the establishment of a Compensation Department.

What is your response to suggestions that civil servants will avoid their duties to avoid the consequences of the proposed law?

I don’t think it will happen. The law will help them do their duty.

Only people who put their own interest above the public interest will be afraid of the new law.

I believe that the proposed law will serve as a catalyst for government officials to perform their duties better and help enterprises exercise their rights to compensation if they are the victims of wrong decisions.

Source: VNECONOMY.