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SUPREME
PEOPLE'S COURT OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
02/2023/TT-TANDTC
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Hanoi,
August 24, 2023
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CIRCULAR
GUIDING IMPLEMENTATION OF ARTICLE 55 OF THE LAW ON STATE
COMPENSATION LIABILITY REGARDING SETTLEMENT OF COMPENSATION CLAIMS DURING
CRIMINAL PROCEEDINGS, ADMINISTRATIVE PROCEEDINGS AT COURT
Pursuant to the Law on
Organization of People’s Court dated November 24, 2014;
Pursuant to the Law on State
Compensation Liability dated June 20, 2017;
Pursuant to the Law on Criminal
Proceeding dated November 27, 2015, amended on November 12, 2021;
Pursuant to the Law on
Administrative Proceeding dated November 25, 2015; the Law on amendment to the
Law on State Audit dated November 26, 2019;
At request of Director of
Department of Legal affairs and Research Administration of the Supreme People’s
Court;
Chief Justice of the Supreme
People’s Court promulgates Circular guiding implementation of Article 55 of the
Law on State Compensation Liability.
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This Circular guides implementation
of Article 55 of the Law on State Compensation Liability regarding settlement
of compensation claims during criminal proceedings, administrative proceedings
at Court.
Article 2.
Regulated entities
1. Presiding agencies and presiding
officers in criminal cases, administrative cases shall settle compensation
claims within state compensation liability.
2. Individual plaintiffs; heirs of
deceased individual plaintiffs; organizations inheriting rights and obligations
of organization plaintiffs that have ceased to exist; legal representatives of
plaintiffs in situations that require legal representatives in accordance with
the Civil Code.
3. Individuals, juridical persons
authorized by individuals under Clause 2 of this Article to file request for
compensation.
4. Law enforcers, direct authority
of law enforcers that cause the damage.
5. Other agencies, organizations,
and individuals.
Article 3.
Identifying competent Court capable of settling compensation claims under state
compensation liability during criminal proceeding, administrative proceeding
1. Courts processing first-instance
procedures of criminal cases shall be entitled to settle compensation claims
under state compensation liability when all conditions below are met:
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b) Actions of the prosecuted
suspects, defendants that cause damage and compensation claims under state
compensation liability are related;
c) Individuals eligible to file
request for compensation under Article 5 of the Law on State Compensation
Liability file request for compensation.
2. Courts processing first-instance
procedures of administrative cases shall be entitled to settle compensation
claims under state compensation liability when all conditions below are met:
a) Defendants having administrative
decisions, administrative actions under Article 7 of the Law on Administrative
Proceeding and Article 17 of the Law on State Compensation Liability;
b) Administrative decisions,
administrative actions being sued for causing damage and compensation claims
under state compensation liability are related;
c) Individuals eligible to file
request for compensation under Article 5 of the Law on State Compensation
Liability file request for compensation.
3. During criminal judgment
enforcement, the court shall not process compensation claims under state
compensation liability in criminal proceeding if the defendants or suspects are
law enforcers committing damaging acts according to Article 18 of the Law on
State Compensation Liability. Settlement of compensation claims in this case
shall be done at superior authority of law enforcers that cause the damage in
accordance with Section 1 Chapter V of the Law on State Compensation Liability.
Article 4.
Requesting the Court to settle compensation claims under state compensation
liability during criminal proceeding, administrative proceeding
1. Individuals under Article 5 of
the Law on State Compensation Liability have the right to request competent
Court entitled to process criminal cases under Clause 1 Article 3 hereof to
settle compensation claims under state compensation liability. Compensation
request shall be made before the trial panel enters deliberation room.
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3. Compensation request under
Clause 1 and Clause 2 of this Article shall be made in writing or statements,
presented and recorded in court records, meeting minutes, other working
records.
4. Criminal cases, administrative
cases where compensation claims under state compensation liability are filed in
accordance with Clause 1 and Clause 2 of this Article shall be reviewed and
settled in the same case, except for cases under Article 30 of the Law on
Criminal Proceeding, Clause 2 Article 7 of the Law on Administrative Proceeding
and guidance under Article 7 hereof.
If persons filing compensation
claims file the claims after the deadline under Clause 1 and Clause 2 of this
Article, the Court shall not settle the claims but provide explanation for the
right to request competent authority to settle compensation in accordance with
the Law on State Compensation Liability when they receive judgment, decision
from the Court.
Article 5.
Identifying violations of the law of law enforcers that cause damage under
state compensation liability
1. The Court under Article 3 hereof
shall be entitled to identify violations of the law of law enforcers that cause
damage under state compensation liability.
2. During deliberation, trial
panels shall discuss and identify whether actions of law enforcers are against
the law, cause damage under state compensation liability or not. This shall be
recorded in deliberation record.
3. If actions of law enforcers are
against the law and cause damage under state compensation liability, the trial
panels shall determine damage liable for compensation; review and decide on
issues relating to compensation under judgment, decision.
4. If actions of law enforcers are
not against the law or are not under state compensation liability, the trial
panel shall reject compensation liability under judgment, decision.
Article 6.
Identifying damage liable for compensation
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2. Identifying of damage liable for
compensation shall conform to the Law on State Compensation Liability.
Article 7.
Splitting compensation request for settlement via separate cases according to
civil proceeding
1. If actions of law enforcers are
against the law and under state compensation liability but there are
insufficient documents and evidence to settle compensation request, trial
panels shall split compensation request in order to settle the request via
separate cases. Persons requesting compensation shall have the right to request
competent Court to settle compensation claims in accordance with civil
proceeding regulations as soon as judgments, decisions on resolution of
criminal, administrative cases enter into force. The splitting of compensation
request shall not affect resolution of criminal, administrative cases.
2. If a civil case being processed
in accordance with Clause 1 of this Article where criminal or administrative
judgment, decision is appealed in accordance with cassation or retrial
procedures, the Court shall issue decision on temporary suspension of the civil
case while waiting for cassation, retrial results of criminal, administrative
cases.
Article 8.
Contents of judgment settling compensation claims
Criminal judgments, administrative
judgments settling compensation claims under state compensation liability shall
contain:
1. In the section containing information
on parties to the proceeding, specify participation eligibility of persons
requesting compensation under state compensation liability in accordance with
the Law on Criminal Proceeding, the Law on Administrative Proceeding.
2. In the section “NỘI DUNG VỤ ÁN”
(CASE DETAILS), present request of persons requesting compensation in separate
paragraphs.
3. In the section “NHẬN ĐỊNH CỦA
TÒA ÁN” (COURT REMARKS), present the following issues in separate paragraphs:
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b) If compensation request is
rejected, analyze and determine that actions of law enforcers are not against
the law nor under state compensation liability;
c) If compensation request is split
and settled via separate cases, analyze and determine that actions of law
enforcers are against the law and under state compensation liability but there
are insufficient documents and evidence to settle compensation request.
4. In the section “QUYẾT ĐỊNH”
(DECISION), present the following issues in separate paragraphs:
a) If compensation request is
approved, specify that the request has been approved; identify all damage
liable for compensation, compensation amount, restoration of honor (if any);
restoration of other legitimate rights and benefits (if any); identify
authority responsible for making compensation, restoring honor (if any),
restoring other legitimate rights and benefits (if any): request direct superior
authority of law enforcers that cause damage to identify compensation liability
of law enforcers that cause damage and collect compensation; state that
requesting persons are not required to incur court fees, charges, and other
fees applicable to compensation request;
b) If compensation request is not
approved, specify that compensation request has been rejected; state that
requesting persons are not required to incur court fees, charges, and other
fees applicable to compensation request;
c) If compensation request is
split, specify that actions of law enforcers are against the law and under
state compensation liability; split compensation request in order to settle in
separate case according to civil proceeding; requesting persons have the right
to file a civil lawsuit to request the Court to make compensation according to
civil proceeding procedures.
Article 9.
Entry into force and organizing implementation
1. This Circular comes into force
from October 20, 2023.
2. Difficulties that arise during
the implementation of this Circular should be reported to the Supreme People’s
Court (via the Department of Legal affairs and Research Administration) for
consideration. Amendments to this Circular shall be decided by Chief Justice of
the Supreme People’s Court./.
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CHIEF
JUSTICE
Nguyen Hoa Binh
