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- 19 / 05 / 2018 -
The compensation liability of the person on duty causing damage

On May 15, 2018, the Government issued Decree No.68/2018/ND-CP detailing a number of articles and measures to implement the Law on Compensation liability of the State. The Decree took effect since July 1, 2018.

Accordingly, Decree No.68/2018/ND-CP stipulates the compensation liability of the person on duty causing damage as follows:

– If the person on duty wrongfully causes damage, but not to the extent of being examined for penal liability, he/she shall have to repay:

– If the amount of compensation paid by the State exceeds 100 months’ salary of the person on duty, the reimbursement rate shall be 50 months’ salary of such person;

– If the amount of compensation paid by the State from 80 to 100 months’ salary of the person on duty, the reimbursement rate shall be from 40 to under 50 months’ salary, but not exceeding 50% of the compensation amount paid by the State;

– If the amount of compensation paid by the State from 60 to 80 months’ salary of the person on duty, the reimbursement rate shall be from 30 to under 40 months’ salary, but not exceeding 50% of the compensation amount paid by the State;

– If the amount of compensation paid by the State is less than 60 months’ salary of the person on duty, the reimbursement rate shall be equal to 50% of the compensation amount paid by the State.

Salaries to be reimbursed are based salaries multiplied to coefficients according to ranks and grades at the time of issuance Reimbursement Decision; if the person has ceased his/her job, the reimbursement rate shall be based on his/her salary at the time before the leave.

With specific and detailed regulations, Decree No.68/2018/ND-CP plays an important role in raising the sense of responsibility of the person on duty, contributing to the establishment of effective State management apparatus.