TO MAKE A WRONG JUDGMENT, CIVIL SERVANT MUST PAY BY SALARY
The Government issues the Decree No. 68/2018/ND-CP detailing a number of articles and measures for enforcement of the Law on State Compensation Liability; within that, requires the damage-causing official-duty performer must use his/her salary pay for the amount of money the State compensate for person who had a wrong judgment.
Salary of the damage-causing official-duty performer for reimbursement shall be the base salary multiplied by the rank- and grade-based coefficient according to law at the time the reimbursement decision is issued. In case by the time the reimbursement decision is issued, the damage-causing official-duty performer has retired, his/her reimbursement liability shall be considered on the basis of his/her salary upon his/her retirement.
In case civil servant causing the damage not to the extent for penal liability examination, the amount to be reimbursed shall be determined as follows:
- In case the money amount already compensated by the State is higher than 100 months’ salary of the damage-causing official-duty performer at the time the reimbursement decision is issued, the to be-reimbursed amount will be 50 months’ salary of such person;
- In case the money amount compensated by the State is equal to between over 80 months’ and 100 months’ salary of the damage-causing official-duty performer at the time the reimbursement decision is issued, the to be-reimbursed amount must be between 40 months’ and under 50 months’ salary of such person but not exceed 50% of the money amount already compensated by the State;
- In case the to be-reimbursed amount compensated by the State is equal to between 60 months’ and 80 months’ salary of the damage-causing official-duty performer at the time the reimbursement decision is issued, the to be-reimbursed amount must be between 30 months’ and under 40 months’ salary of such person but not exceed 50% of the amount already compensated by the State;
- In case the amount compensated by the State is lower than 60 months’ salary of the damage-causing official-duty performer at the time the reimbursement decision is issued, the to be-reimbursed amount must be equal to 50% of the amount compensated by the State.
This Decree takes effect on July 01, 2018.
