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Procedure and time limit for applying for state compensation

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Procedure and time limit for applying for state compensation


        

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  • 2024-05-26 14:01:20

    The claimant for compensation shall first file a claim for compensation with the organ liable for compensation, or may file a claim together with the application for administrative reconsideration or the filing of an administrative lawsuit.

    To claim compensation, an application shall be submitted, and the organ liable for compensation shall decide whether to make compensation or not within two months from the date of receiving the application.

    [Legal Basis]

    According to Article 13 of the State Compensation Law of the People's Republic of China, the organ under compensatory obligations shall decide whether to make compensation within two months from the date of receiving the application.

    When making a decision on compensation, the organ under compensatory obligations shall fully listen to the opinions of the claimant, and may consult with the claimant on the method of compensation, the items of compensation and the amount of compensation in accordance with the provisions of Chapter IV of this Law.

    If the organ under compensatory obligations decides to make compensation, it shall prepare a written decision on compensation and serve it on the claimant within 10 days from the date of making the decision.

    If the organ under compensatory obligations decides not to make compensation, it shall notify the claimant of compensation in writing within 10 days from the date of making the decision, and explain the reasons for not making compensation.

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