THE MINISTRY OF JUSTICE, THE MINISTRY OF FINANCE AND THE GOVERNMENT INSPECTORATE
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No. 19/2010/TTLT-BTP-BTC-TTCP
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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Hanoi, November 26, 2010
 
JOINT CIRCULAR
GUIDING THE DISCHARGE OF THE STATE COMPENSATION LIABILITY IN ADMINISTRATIVE MANAGEMENT ACTIVITIES
 
Pursuant to the June 18, 2009 Law on State Compensation Liability;
Pursuant to the Governments Decree No. 16/2010/ND-CP of March 3, 2010, detailing and guiding a number of articles of the Law on State Compensation Liability;
The Ministry of Justice, the Ministry of Finance and the Government Inspectorate uniformly guide the discharge of the state compensation liability in administrative management activities as follows:
Chapter I
DETERMINATION OF THE STATE COMPENSATION LIABILITY IN ADMINISTRATIVE MANAGEMENT ACTIVITIES
Article 1. Grounds for determination of the state compensation liability in administrative management activities
1. The state compensation liability in administrative management activities arises only when all the following conditions exist:
a/ There is a document issued by a competent state agency affirming that an act of a public-duty performer is illegal;
b/ The illegal act of a public-duty performer falls within the scope of compensation liability defined in Article 13 of the Law on State Compensation Liability (below referred to as the Law);
c/ An actual damage is caused;
d/ There is a cause-effect relationship between an actual damage and an illegal act of a public-duty performer.

2. The State will not compensate for damage caused by sufferers who are totally at fault. In case the public-duty performer and sufferer are both at fault, the State shall compensate for part of damage caused by the public-duty performer's fault.