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THE SUPREME
PEOPLE’S PROCURACY - THE SUPREME PEOPLE’S COURT - THE MỈNISTRY OF PUBLIC
SECURITY - THE MINISTRY OF JUSTICE - THE MINISTRY OF NATIONAL DEFENSE - THE
MINISTRY OF FINANCE - THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
05/2012/TTLT- VKSNDTC-TANDTC-BCA-BTP- BQP-BTC-BNNPTNT
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Hanoi,
November 02, 2012
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JOINT CIRCULAR
GUIDING THE PERFORMANCE OF THE STATE COMPENSATION LIABILITY
IN CRIMINAL PROCEEDINGS
In order to properly and uniformly implement the
provisions of the Law on State Compensation Liability on compensation liability
in criminal proceedings, the Supreme People’s Procuracy, the Supreme People’s Court,
the Ministry of Public Security, the Ministry of Justice, the Ministry of
National Defense, the Ministry of Finance and the Ministry of Agriculture and
Rural Development jointly provide the following uniform guidance:
Chapter I
GENERAL PROVISIONS
Article 1. Scope of
regulation
This Joint Circular guides the implementation of
a number of provisions of
the Law on State Compensation Liability
(hereafter referred to as the Law) on the State liability to pay compensations
to persons suffering from material damage or damage due to mental sufferings
caused by competent persons in criminal procedure when conducting criminal
proceedings.
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1. The State pays compensations for damage
caused by procedure-conducting persons in criminal proceedings in any of the
cases specified in Article 26 of the Law.
2. Persons held in temporary custody in the
cases specified in Clause 1, Article 26 of the Law are entitled to compensation
when there are decisions of competent agencies or persons in criminal procedure
to cancel temporary custody decisions for the reason that they have not
committed the crimes which are invoked by competent agencies as the foundation
for issuance of temporary custody decisions against them.
Example 1: The police of district T holds
in temporary custody Nguyen Van A and 8 other people in a case of gambling at
C‘s home. It is verified through investigation that by the time of being
arrested. A was at C”s home to pay a debt. As a result, the investigative
agency issues a decision to cancel the temporary custody decision against A. In
this case, Nguyen Van A shall be entitled to compensation for damage.
Example 2: Border-guard station 56 in
district A caught on flagrant delict 10
Vietnamese people illegally transporting goods
across the border into Vietnam and issued an order to hold them in temporary
custody. However, it is determined through investigation that their violation
is not serious enough for criminal liability. As a result, the border-guard station
cancels the temporary custody decision and administratively handles them. In
this case, these people have committed a violation (illegally transporting
goods across the border) and are therefore not entitled to compensation.
3. A detainee in the cases specified in Clause
Article 26 of the Law is entitled to compensation under a decision of a
competent agency or person in criminal procedure to cancel the decision on
his/her detention or cessation of investigation of the case, or under a court
ruling that he/she is innocent for any of the following reasons:
a/ The detainee has committed no violation;
For example: Nguyen Van A is prosecuted and
detained for murder. However, it is proven through investigation that he has
not committed the act of murder. The procuracy issues a decision to cancel the
detention decision and the investigative agency issues a decision to cease the
investigation against him. In this case, Nguyen Van A is entitled to
compensation.
b/ The detainee has committed a violation which
is not a crime prescribed in the Penal Code;
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crime remains unproved.
4. Persons who have completely served or are
serving a terminable imprisonment sentence, life imprisonment sentence, persons
sentenced to death or persons who have been executed and fall into the cases
specified in Clause 2, Article 26 of the Law are entitled to compensation when
there are legally effective judgments or rulings of competent courts determining
that they have committed no crime or their acts do not constitute a crime.
Article 3. Cases not
entitled to compensation for damage
The State does not pay compensations for damage
to the following persons:
1. Persons specified in Article 27 of the Law.
a/ Persons specified in Clause 1, Article 27 of
the Law who are exempted from criminal liability under Article 19; Article 25;
Clause 2, Article 69; Clause 3, Article 80; Clause 6. Article 289; Clause 6,
Article 290; and Clause 3, Article 314 of the Penal Code;
b/ Persons specified in Clause 2, Article 27 of
the Law who intentionally make false statements or provide untruthful documents
or material evidences in order to plead guilty for other persons or to conceal
crimes committed by other persons.
2. In case a person against whom a criminal case
is instituted for his/her commission of an act dangerous to the society as
prescribed in the Penal Code and who does not have to bear criminal liability
but is subject to judicial measures specified in Article 43 or Article 70 of
the Penal Code for the reason that he/she has no capacity for bearing criminal
liability (he/she suffers a mental illness or another illness which deprives
him/her of the ability to perceive or control his/ her act under Article 13 of
the Penal Code) or he/she has not yet reached the age subject to criminal
liability (under Article 12 of the Penal Code).
Article 4. Agencies liable
to pay compensations
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a/ It has issued a decision to hold a person in
temporary custody but a competent procuracy issues a decision to cancel such
temporary custody decision for the reason that such person has committed no
violation;
b/ It has issued a decision to institute a
criminal case against an accused but a competent Procuracy does not approve
such decision for the reason that the accused has committed no crime;
c/ It has issued a decision to hold a person in
temporary custody but later canceled such decision for the reason that such
person has committed no violation.
2. Procuracy shall pay compensations in the
following cases:
a/ The cases specified in Article 31 of the Law;
b/ Procuracy has approved a decision to
institute a criminal case against an accused or issued such a decision but the
accused is not held in temporary custody or detained. then a competent agency
in criminal procedure issues a decision to confirm that he/she has not
committed the crime and is eligible for compensation under Clause 3, Article 26
of the Law;
c/ It has approved a decision to institute a
criminal case against an accused but the accused is not held in temporary
custody or detained at the stage of investigation or prosecution; after the
transfer of the case file to a court for trial, the court has decided to apply
the measure of detention and later the first-instance court has tried and
judged the defendant innocent, or the court has returned the case file for
additional investigation but later the investigation against the accused has
been ceased for the reason that the accused had committed the crime and is
eligible for compensation under Clause 3, Article 26 of the Law. The Procuracy
which has approved the decision on accused prosecution shall pay compensation
for damages.
3. A court shall pay compensation in the cases
specified in Article 32 of the Law.
4. In case an agency liable to pay compensation
has been split up, merged, consolidated, dissolved or authorized to perform an
official duty, the agency liable lo pay compensation shall be identified
according to Points a and c, Clause 2, Article 14 of the Law.
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Chapter II
DETERMINATION OF
COMPENSABLE DAMAGE
Article 5. Actual damage
Compensable actual damage is damage actually
suffered by a person, including material damage and damage due to mental
sufferings.
1. Material damage covered by the State
compensation liability in criminal proceedings includes damage caused by
property infringement specified in Article 45 of the Law; damage due to loss of
or decrease in actual incomes specified in Article 46 of the Law; material loss
due to death of sufferers specified in Article 48 of the Law; material loss due
to health damage specified in Article 49 of the Law; expenses actually paid by
the damage sufferer in the course of investigation, prosecution and trial, such
as legal counsel charge and travel fare.
2. Damage due to mental sufferings covered by
the State compensation liability in criminal proceedings includes damage due to
mental sufferings during the time of temporary custody, detention or serving of
imprisonment sentence specified in Clause 2, Article 47 of the Law; damage due
to mental sufferings in case of death of sufferers specified in Clause 3,
Article 47 of the Law; damage due to mental sufferings in case of health
infringement specified in Clause 4 Article 47 of the Law; damage due to mental
sufferings in case of institution of a criminal case, prosecution or trial
without temporary custody or detention or serving of non-custodial reform or
suspended imprisonment sentence specified in Clause 5, Article 47 of the Law.
Article 6. Damage caused by
property infringement
1. Damage caused by property infringement is
determined under Article 45 of the Law upon application of Article 45 of the
Law. Attention should be paid to the following:
a/ Market prices mentioned in Clauses 1 and 2,
Article 45 of the Law are those at the time of compensation settlement and in
localities where the damage occurs;
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- For a property lease contract as operating
lease contract, the lost actual income shall be determined according to rent
rates of property of the same type or with the same technical standards,
properties, utilities and quality at the time of compensation settlement;
- For a property lease contract as financial
lease contract, the lost actual income is the residual value of the contract.
c/ In case the infringed property is the use
land right, houses, construction works and other property attached to land, compensable
damage shall be determined under Article 45 of the Law and the land,
construction and housing laws.
2. The period for calculation of interest on
money amounts specified in Clause 4, Article 45 of the Law is counted from the
date the damage sufferer remits such amounts into the State budget or has them
confiscated or kept for judgment execution or deposits them as security at
competent agencies to the date of issuance of a decision on compensation
settlement by the agency liable to pay compensation, or the date when a court
judgment on compensation takes legal effect.
Article 7. Damage due to
loss of or decrease in actual incomes
1. A damage sufferer (dead or alive) is entitled
to compensation for actual income lost during the time he/she is held in
temporary custody, detention or serving imprisonment sentence.
2. Lost or decreased actual incomes of a damage
sufferer shall be determined as follows:
a/ The bases for determination of lost or
decreased actual income of a damage sufferer as specified in Article 46 of the
Law;
b/ In case the damage sufferer, before being
held in temporary custody, detained or serving imprisonment sentence, has
stable incomes from payroll salary paid under a labor contract. his/her lost
actual income shall be determined on the basis of his/her salary paid in the
month preceding the month when he/she is held in temporary custody, detained or
serving imprisonment sentence;
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d/ In case the damage sufferer, before being
held in temporary custody, detained or serving imprisonment sentence, is a
farmer, fisherman, salt maker, forester, employee, small trader, craftsman or
laborer in another sector and actually earns income which are seasonal or
irregular, his/her lost actual income shall be determined on the basis of the
average income of local laborers of the same type. Such an average income level
shall be determined by the administration of the locality where the damage
sufferer resides. In case it is impossible lo determine the average income
level, compensation shall be determined according to the common minimum salary
(hereafter referred to as the minimum salary) set by the State at the time of
compensation settlement as the basis for determination of lost actual income..
3. A damage sufferer who has his/her salary or
wage and social insurance premiums paid by his/her agency or employer under the
labor law during the time of his/her temporary custody, detention or serving of
imprisonment sentence is not entitled to compensation for his/ her damage. If
he/she has his/her salary or wage partially paid by his/her agency or employer,
the unpaid salary or wage amount shall be determined as his/her decreased
actual income and he/she is entitled to compensation for such decreased income
amount.
Article 8. Material loss due
to the death of sufferers
1- Reasonable expenses for medical treatment,
health recovery and care for a sufferer before his/her death specified in
Clause
1. Article 48 of the Law are those necessary for
and suitable to the nature and level of loss and paid at the average price in
each locality at the time of payment, including: rental for vehicles for
carrying the sufferer to a medical facilities for intensive medical care;
expenses for medicines and purchase of medical equipment; expenses for X-ray
imaging, tomography, ultrasound, testing, operation, doctor-indicated blood
transfusion; hospital fees; expenses for protein fluid transfusion,
compensations for health recovery of sufferers as prescribed by doctors; and
other actual necessary expenses paid before the death of the damage sufferer
(if any).
2. Expenses for burial of sufferers specified in
Clause 2, Article 48 of the Law shall be determined according to the burial
allowance level prescribed by the social Insurance law.
3. Persons to whom sufferers are currently
obliged to provide alimonies as specified in Clause 3, Article 48 of the Law
and the period during which each of them enjoys alimonies comply with the
marriage and family law.
Article 9. Material loss due
to health damage
1- Reasonable expenses for medical treatment,
health recovery and functional rehabilitation for sufferers specified in Clause
1 Article 49 of the Law include: expenses guided in Clause 1, Article 8 of this
Circular and expenses for fitting of artificial limbs or eyes, purchase of
wheelchairs and crutches, aesthetical rehabilitation, and other expenses paid
as supports or replacement of lost or declined body functions of sufferers (if
any).
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2. Reasonable expenses for, and lost actual
incomes of, persons who take care of sufferers during the period of medical
treatment specified in Clause 3, Article 49 of the Law shall be determined as
follows:
a/ Sufferers may only be entitled to
compensations for reasonable expenses and lost actual incomes of their
caretakers in case such care is necessary or requested by medical
establishments;
b/ Reasonable expenses of caretakers during the
period of medical treatment of suffering include travel and accommodation
expenses calculated at the average price in localities where such expenses are
paid (if any);
c/ Lost actual incomes of caretakers during the
period of medical treatment of sufferers shall be determined according to
Article 46 of the Law and the guidance in Clause 2, Article 7 of this Joint
Circular.
3. Sufferers who lose their working capacity and
need regular caretakers are those who are no longer able to carry out
activities of creating material value due to their spinal paralysis, blindness,
limb paralysis, severe mental illness or another illness as specified by
competent agencies. Reasonable expenses for regular caretakers of sufferers who
have lost their working capacity as specified in Clause 4, Article 49 of the
Law equal the average wage level paid to caretakers in localities where
sufferers reside.
Article 10. Damage due to
mental sufferings
1. Damage due to mental sufferings during
temporary custody, detention or serving of imprisonment sentence specified in
Clause 2, Article 47 of the Law or during the institution of a criminal case,
prosecution, trial or judgment execution without temporary custody, detention
or execution of termed imprisonment sentence (including also execution of
non-imprisonment sentences) specified in Clause 5, Article 47 of the Law shall
be determined as follows:
a/ A minimum of one day salary, which is the
minimum salary level set by the State for civil servants of State
administrative agencies at the time of compensation settlement divided by an average
of 22 working days per month;
For example: At the time of issuance of this
Joint Circular, the common minimum salary level set by the State is VND
830,000, so one day’s minimum salary is VND 830,000 : 22 = VND 37,723.
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Example 1: Mr. A was held in temporary
custody and accused in a criminal case on December 1, 2009. Upon the expiration
of the duration of temporary custody, he was subject to the deterrent measure
of detention. On March 1, 2010, he was released on bail. On March 20, 2010, the
investigative agency issued a decision to cease investigation against him for
the reason that he had committed no crime. In this case, the damage due to
mental sufferings for which he is entitled to compensation shall be determined
as follows:
- The number of days of actual temporary custody
or detention is 31 days (of December 2009) + 31 days (of January 2010) + 29 daỵs
of February 2010 = 91 days;
- The number of days of being out on bail
eligible for compensation is 20 days (from March 1, 2010 to March 20, 2010);
- The number of days eligible for compensation
calculated according to the minimum salary level is (91 days X 3) + 20 days =
293 days;
In this example, the amount of compensation to
be paid by the State to Mr. A is 293 days x VND 37,723 = VND 10,920.989.
Example 2: Mr. B was held in temporary
custody from January 1, 2010. The investigative agency extended the duration of
temporary custody twice on January 3, 2010, and January 6, 2010 (the Procuracy
approved the decisions on extension of the duration of temporary custody). On
January 7, 2010, the Procuracy cancelled the temporary custody decision and the
investigative agency later released Mr. B for lack of grounds for prosecution
of accused against him. In this case, the damage due to mental sufferings for
which he is entitled to compensation shall be determined as follows:
- The number of days of his/her actual temporary
custody is 8 days;
- The number of days eligible for compensation
calculated according to the minimum salary level is (8 days X 3) = 24 days;
- The amount of compensation to be paid bỵ the
State to Mr. B is 24 days X VND 37,723 = VND 905.352.
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- The number of days for which Mr. C is entitled
to compensation is 80 days (31 days of January 2010 + 29 days of February 2010
+ 20 days of March 2010);
- The amount of compensation to be paid by the
State to Mr. C is 80 days x VND 37,723 = VND 3,017.840.
2. Damage due to mental sufferings in case of
death of sufferers specified in Clause 3, Article 47 of the Law shall be
determined as follows:
a/ In case a sufferer dies while being held in
temporary custody, detained or serving his/her imprisonment sentence neither
due to his/her fault nor in a force majeure event, he/she is entitled to a
compensation of three hundred sixty months’ common minimum salary set by the
State at the time of compensation settlement. In this case, no compensation for
damage due to mental sufferings shall be additionally paid according to Clauses
2 and 4 Article 47 of the Law and the guidance in Clause 1 of this Article;
b/ In case the sufferer dies while being held in
temporary custody, detained or serving his/ her imprisonment sentence due to
his/her fault or in a force mạịeure event, he/she is not entitled to
compensation for damage due to mental sufferings according to Clause 3, Article
47 of the Law but is entitled to compensation for damage due to mental
sufferings according to Clause 2, Article 47 of the Law and the guidance in
Clause 1 of this Article;
c/ Compensation for damage due to mental
sufferings is a compensation amount payable to all relatives of a sufferer
(his/her spouse, blood parents, adoptive parents, natural children, adopted
children and direct fosterer). Persons entitled to compensation in this case
must be alive at the time the sufferer dies.
3. Damage due to mental sufferings eligible for
compensation is other than damage specified in Articles 45, 46, 48 and 49 of
the Law.
Chapter III
COMPENSATION SETTLEMENT
PROCEDURES
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1. Damage sufferers and their relatives or
lawful representatives shall send written claims for compensation to agencies
liable to pay compensation defined in Clause 1, Article 34 of the Law. A
written claim for compensation must contain the principal details specified in
Clause 2 Article 34 of the Law and other contents specified in the set form No.
01a together with this Joint Circular.
2. Enclosed with a compensation claim must be
the following papers:
a/ The legally effective judgment or ruling,
which serves as the ground for determining that the case is eligible for
compensation as specified in Article 26 of the Law and guided in Article 2 of
this Joint Circular;
b/ The original or a valid copy of any of
personal identification papers of the sufferer. In case the sufferer does not
directly send the compensation claim but his/her lawful representative does so
on his/her behalf, there must be a written authorization and papers proving the
personal status of the authorized person, such as identity card or
certification by the administration of the locality where the sufferer resides
or by the agency or organization where the sufferer works;
In case the sufferer dies and his/her relatives
send a compensation claim, there must be papers proving their relationships
with the sufferer, such as household registration book, marriage registration
certificate, birth certificate or identity card of the claimant, or
certification by the administration of the locality where the sufferer resides
or by the agency or organization where the sufferer works that the sufferer is
a relative of the claimant.
c/ Valid documents evidencing reasonable
expenses and incomes of the sufferer before being held in temporary custody,
detained or serving his/her imprisonment sentence (if any).
Article 12. Determination
of limitation for making a compensation claim
According to Clause 1, Article 5 of the Law, the
statute of limitations for making a compensation claim is 2 years after the
issuance of a legally effective judgment or ruling of a criminal
procedure-conducting agency confirming that the sufferer has committed no
violation or crime in any of the cases eligible for compensation. The date of
claim for counting the statute of limitations for making compensation claim is
determined as follows:
1. In case the compensation claimant submits the
dossier directly to an agency competent to settle compensation, the date of
claim is the date of dossier submission.
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a/ In case the agency competent to settle
compensation receives the dossier sent by post when the limitation for making
compensation claim has not expired, the date of claim is the date of receipt of
the dossier;
b/ ln case the agency competent to settle
compensation receives the dossier sent by post when the statute of limitations
for making compensation claim has expired, this agency shall verify the date
when the claimant sends the claim by post and identify the date of claim as
follows:
- If the date when the compensation claimant
sends the dossier by post can be verified, such date is the date of claim;
- If the date when the compensation claimant
sends the dossier by post cannot be verified, the date of claim is the date
stated in the compensation claim.
Article 13. Acceptance of
compensation claim
1. Upon receiving a compensation claim dossier,
an agency liable to pay compensation shall examine and determine the validity
of the claim and accompanying papers and documents. In case the dossier is
incomplete, the agency shall guide the claimant for supplementation.
2. Within 5 working days after receiving a compensation
claim with valid accompanying papers and documents, if seeing that this
compensation claim falls under its settling competence, the dossier-receiving
agency shall accept the dossier and send a notice of acceptance to the
claimant. In case the claim-receiving agency considers that this claim falls
beyond its settling competence, it shall issue a written reply, specifying the
reason for return of the dossier, return the dossier, and guide the claimant to
send the claim to an agency liable to pay compensation defined in Article 34 of
the Law and guided in Article 4 of this Joint Circular.
Article 14. Organization of
compensation settlement
1. Within 3 working days after the date of
acceptance of a compensation claim, the head of the procedure-conducting agency
liable to pay compensation shall issue a decision to appoint a person to settle
the compensation claim.
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2. A representative to settle compensation must
fully satisfy the following conditions:
a/ Being a judicial officer (investigator,
procurator or judge) who holds the following post:
- At district level: Head or deputy head of an
investigative agency; chairperson or vice chairperson of a People’s Procuracy;
president or vice president of a People’s Court;
- Al provincial level: Leader of a section or
equivalent unit authorized by the head of the procedure-conducting agency;
- At Central level: Head or deputy head of an
investigative agency; head or deputy head of an agency assigned to perform a
number of investigating activities; leader of a departmental unit or Vice
Chairman of the Central Military Procuracy authorized by the Chairman of the
Supreme People’s Procuracy; Presidenl or Vice Presidcnt of the Appellate Court
or the Criminal Tribunal of the Supreme People's Court, or Vice President of
the Central Military Court authorized by the Chairman of the Supreme People’s
Court;
b/ Having working experience in the field of
criminal procedure;
c/ Being not an affiliated person of the
official-duty performer who has caused the damage, or of the damage sufferer.
3. Compensation-settling representatives shall
take responsibility before heads of agencies liable to pay compensation for the
compensation settlement and have the tasks and powers specified in Article 8 of
the Govemment’s Decree No. 16/2010/ND-CP of March 3, 2010, detailing and
guiding a number of articles of the Law.
Article 15. Damage
verification
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The time limit for damage verification is 20
days after the date of acceptance of a compensation claim. For cases involving
many complicated circumstances or when it is necessary to verify a circumstance
in many localities, the time limit for verification may be prolonged but must
not exceed 40 days.
Article. 16. Negotiations
on compensation
1. Within 3 working days after the completion of
the damage verification, a compensation-settling representative shall conduct
negotiations with the sufferer or his/ her relatives on compensation payment.
The time limit for conducting negotiations is 30
days after the damage verification is completed. For a case involving many
complicated circumstances, the time limit for negotiations may be prolonged but
must not exceed 45 days.
2. In case a sufferer dies and has many
relatives, these relatives are required to appoint a representative to
negotiate on compensation. The appointment of a representative must be
established in writing.
3. Participants in negotiations include
compensation-settling representatives and sufferers or their lawful
representative.
4. Negotiations must be conducted at the office
of the compensation-settling agency or the People’s Committee of the commune,
ward or township where sufferers reside or work.
5. During negotiation, negotiation participants
shall examine damage for which compensations are claimed as stated in written
claims and accompanying papers and documents. Based on compensable damage
specified in Articles 45, 46, 47, 48 and 49 of the Law, other State regulations
on the compensation regime, norms and limits (if any) and the guidance in this
Joint Circular, they shall negotiate on the damage for which compensation will
be paid and the compensation level.
6. Negotiations must be recorded in writing. A
negotiation record must contain the details specified in Clause 4, Article 19
of the Law and be made according to a set form.
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1. According to Article 20 of the Law,
regardless of whether negotiations are successful or not, an agency liable to
pay compensation shall issue a compensation settlement decision.
Within 10 days after the conclusion of
negotiations, based on results of the damage verification and negotiations with
the damage sufferer, his/her lawful representative and opinions of related
agencies (if any), the head of the agency liable to pay compensation shall
issue a compensation settlement decision.
A compensation settlement decision must have the
principal details specified in Clause 1 Article 20 of the Law and be made
according to a set form.
2. Compensation settlement decisions must be
promptly sent to sufferers, immediate superior agencies of agencies liable to
pay compensation and procedure-conducting persons who have caused damage.
3. A compensation settlement decision takes
effect 15 days after the sufferer receives it, unless the sufferer disagrees
with it and initiates a lawsuit at court.
Article 18. Delivery of
compensation settlement decisions to persons entitled to compensation
1. The delivery of a compensation settlement
decision to a person entitled to compensation shall be conducted by any of the
following persons:
a/ Representative of the agency liable to pay
compensation;
b/ Representative of the commune-level People’s
Committee of the locality where the suffering person resides or the suffering
organization is located, in case the compensation settlement decision is
delivered through a commune-level People’s Committee;
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2. Procedures for delivery of compensation
settlement decisions:
a/ The deliverer of a compensation settlement
decision shall directly hand over it to the person entitled to compensation.
The person entitled to compensation shall sign in the written record or book of
delivery and receipt of compensation settlement decisions. The date when the
person entitled to compensation signs to certify the receipt of the compensation
settlement decision is regarded as the date of receipt of such decision;
b/ In case the person entitled to compensation
is absent, the compensation settlement decision may be delivered to his/ her
relative who has civil act capacity and lives together with the former. The
relative of the person entitled to compensation shall sign in the written
record or book of delivery and receipt of compensation settlement decisions.
The date when the relative of the person entitled to compensation signs to certify
the receipt of the compensation settlement decision is regarded as the date of
receipt of such decision.
In case the person entitled to compensation has
no relative with civil act capacity living together with him/her or his/her
relative refuses to receive the compensation settlement decision on his/her
behalf, such decision may be delivered via the commune-level People's Committee
of the locality where the person entitled to compensation resides.
In case the compensation settlement decision is
delivered through a person who is not the sufferer, the deliverer shall make a
written decision clearly stating the sufferer's absence and the person to whom
the decision is delivered; reason(s); date and time of delivery; relationship
between the recipient and the sufferer; commitment on handover of the decision
to the sufferer. Such a written record must have signatures of the deliverer of
the compensation settlement decision, the recipient who commits to handing over
the decision and a witness.
3. In case the person entitled to compensation
is absent and the time of his/her return or his/her current address is unknown,
the deliverer of the compensation settlement decision shall make a written
record of failure to deliver the decision. Such a written record must have the
signature of the person providing information on the person entitled to
compensation.
4. In case the person entitled to compensation
refuses to receive the compensation settlement decision, the deliverer of such
decision shall make a written record clearly stating the reason(s) for refusal.
Article 19. Restoration of
honor for damage sufferers
1. The restoration of honor for damage sufferers
in criminal proceedings complies with Article 51 of the Law.
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3. Places for making apologies are places of
residence or working place of damage sufferers. Agencies liable to pay
compensation shall notify the time and places for making apologies to agencies
where damage sufferers work or administration of localities where damage
sufferers reside and socio-political organizations of which damage sufferers
are members for these agencies or organizations to send their representatives
to participate in the making of apologies.
Chapter IV
PAYMENT 0F COMPENSATION
AMOUNTS AND SETTLEMENT OF DISPUTES OVER COMPENSATION LIABILITY
Article 20. Payment of
compensation amounts
Based on effective compensation settlement
decisions of agencies liable to pay compensation or legally effective court
judgments or rulings, agencies liable to pay compensation shall allocate
compensation funds and pay compensation amounts to persons entitled to
compensation in the Article 54 of the Law and the guidance of the Ministry of
Finance and the Ministry of Justice on the estimation, management, use and
finalization of funds for performance of the State compensation liability.
Article 21. Settlement of
disputes-over compensation liability
In the course of settlement of compensation for
damage in criminal proceedings, if a dispute over compensation liability arises
between competent agencies in criminal procedure, it must be settled as
follows:
1. For a dispute arising between competent
agencies within the same sector, the head of the immediate superior agency of
these agencies shall consider and settle the dispute.
2. For a dispute arising between competent
agencies from different sectors, the heads of relevant agencies in these
sectors shall coordinate with one another in settling the dispute.
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IMPLEMENTATION
PROVISIONS
Article 22. Effect
1. This Joint Circular takes effect 45 days from
the date of its signing.
2. This Joint Circular replaces Joint Circular
No. 04/2006/TTLT-VKSNDTC-TANDTC- BCA-BTP-BQP-BTC of November 22, 2006, of the
Supreme People’s Procuracy, the Supreme People’s Court, the Ministry of Public
Security, the Ministry of Justice, the Ministry of National Defense and the
Ministry of Finance, guiding the implementation of a number of provisions of
the National Assembly Standing Committee’s Resolution No. 388/ 2003/UBTVQH11 of
March 17, 2003, on compensation for persons suffering injustice caused by competent
persons in criminal proceedings.
Article 23. Organization of
implementation
In the course of implementation, any arising
problems or unclear points which need explanation or additional guidance should
be reported to the Supreme Peop!e’s Procuracy, Supreme People’s Court, the
Ministry of Public Security, the Ministry of Justice, the Ministry of National
Defense, the Ministry of Finance and the Ministry of Agriculture and Rural
Development for timely explanation or additional guidance.
FOR THE CHAIRMAN
OF THE
SUPREME PEOPLE'S PROCURACY
STANDING VICE CHAIRMAN
Hoang Nghia Mai
FOR THE
PRESIDENT OF THE
SUPREME PEOPLE’S COURT
STANDING VICE PRESIDENT
Dang Quang Phuong
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FOR THE
MINISTER OF PUBLIC
SECURITY DEPUTY MINISTER
LIEUTENANT GENERAL
Pham Quy Ngo
FOR THE
MINISTER OF JUSTICE
DEPUTY MINISTER
Pham Quy Ty
FOR THE
MINISTER OF NATIONAL DEFENSE
DEPUTY MINISTER
SENIOR LIEUTENANT GENERAL
Nguyen Thanh Cung
FOR THE
MINISTER OF FINANCE
DEPUTY MINISTER
Truong Chi Trung
FOR THE
MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT
DEPUTY MINISTER
Nguyen Dang Khoa
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