THE
NATIONAL ASSEBLY
-------
|
SOCIALIST
REPUBLIC OF VIETNAM Independence
- Freedom – Happiness
----------
|
No.
35/2009/QH12
|
Hanoi,
June 18, 2009
|
LAW
ON STATE COMPENSATION LIABILITY
(No.
35/2009/QH12)
Pursuant to the 1992 Constitution
of the Socialist Republic of Vietnam, which was amended and supplemented under
Resolution No. 51/2001/QH10;
The National Assembly promulgates the Law on State Compensation Liability Law.
Chapter I
GENERAL PROVISIONS
Article 1.
Governing scope
This Law provides for the
State's liability to pay compensation to individuals and organizations
suffering from damage caused by official-duty performers in administrative
management, legal proceedings and judgment enforcement activities; compensation
procedures; the rights and obligations of individuals and organizations
suffering from damage; compensation funds and the reimbursement liability of
official-duty performers who have caused the damage.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Individuals and organizations
suffering from material damage and/or mental sufferings (below collectively
referred to as sufferers) in cases provided by this Law are eligible for
compensation by the State.
Article 3.
Interpretation of terms
In this Law. the terms below are
construed as follows:
1. An official-duty performer
means a person who is elected, approved, recruited or appointed to a position
in a state agency to perform the tasks of administrative management, legal
proceedings or judgment enforcement, or a person who is assigned by a competent
state agency to perform tasks related to administrative management. legal
proceedings or judgment enforcement.
2. An illegal act of an
official-duty performer which has caused damage means an act of nonperformance
or unlawful performance of a task or power, which is affirmed in a document of
a competent state agency.
3. Document affirming an illegal
act of an official-duty performer means a decision on settlement of a complaint
or denunciation of a person competent to settle complaints or denunciations or
a judgment or decision of a competent procedure-conducting agency.
4. Compensation-liable agency
means the agency directly managing the official-duty performer who commits an
illegal act causing damage or another agency as defined by this Law.
Article 4.
The right to claim compensation
1. Sufferers are entitled to
request compensation-liable agencies to settle compensation upon the
availability of competent state agencies* documents affirming that the
official-duty performers' acts are illegal or of documents of competent
agencies in criminal proceedings affirming that the sufferers fall into
compensation cases defined in Article 26 of this Law.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 5.
Statute of limitations for lodging compensation claims
1. The statute of limitation for
lodging compensation claims defined in Clause 1. Article 4 of this Law is 2
years counting from the date competent state agencies promulgate the documents
affirming that the official-duty performers’ acts are illegal or from the date
the legally effective judgments or rulings of criminal procedure-conducting
agencies affirm that the sufferers fall into compensation-eligible cases
defined in Article 26 of this Law.
2. The statute of limitations
for lodging compensation claims defined in Clause 2. Article 4 of this Law is
determined under the law on complaints and denunciations and the law on
procedures for settlement of administrative cases.
3. If in the course of settling
complaints or administrative cases, in which the official-duty performers"
illegal acts and actual damage have been determined but no compensation has
been made yet, the statute of limitations for lodging compensation claims
complies with Clause 1 of this Article.
Article 6.
Grounds for determination of compensation liability
1. The state compensation
liability in activities of administrative management, civil proceedings,
administrative proceedings and judgment enforcement shall be determined on the
following grounds:
a/ The availability of competent
state agencies’ documents affirming that official-duty performers' acts are
illegal and fall within the scope of compensation liability prescribed in
Articles 13. 28. 38 and 39 of this Law;
b/ The actual damage caused by
illegal acts of official-duty performers to sufferers.
2. The state compensation
liability in criminal proceedings shall be determined on the following grounds:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b/ The actual damage caused by
criminal procedure-conducting persons to sufferers.
3. The State will not compensate
for damage caused in the following circumstances:
a/ The sufferer is at fault:
b/ The sufferer conceals
evidence and documents or provides untruthful documents during the settlement
of his/her matter or case;
c/ Force majeure or emergency
cases.
Article 7.
Principles for compensation settlement
The compensation settlement must
comply with the following principles:
1. Being timely, public and lawful;
2. Being conducted on the basis
of negotiations between compensation-liable agencies and sufferers or their
lawful representatives;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 8.
Tasks and powers of compensation-liable agencies
Compensation-liable agencies
have the following tasks and powers:
1. To receive and handle
compensation claims of sufferers;
2. To verify the damage, to
negotiate with sufferers and issue compensation settlement decisions;
3. To participate in court
proceedings in the capacity as plaintiffs in case sufferers institute lawsuits
at court for compensation settlement;
4. To make payments to sufferers
and settle compensation funds;
5. To request official-duty
performers to reimburse to the state budget compensation amounts paid by the
State to sufferers;
6. To settle
compensation-related complaints and denunciations under the law on complaints
and denunciations;
7. To restore or propose
competent agencies or organizations to restore the legitimate rights and
interests of sufferers;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 9.
Rights and obligations of sufferers
1. Sufferers have the following
rights:
a/ To request the State to pay
damages and restore their honor as provided by this Law;
b/ To be compensated by
compensation-liable agencies or to have their compensation claims settled by
courts and be notified of the compensation settlement;
c/ To complain about or denounce
illegal decisions or acts of competent persons in compensation settlement under
the law on complaints and denunciations;
d/ To complain about or appeal
against court judgments or rulings according to the procedure law;
e/ To request competent agencies
or organizations to restore their legitimate rights and interests.
2. Sufferers have the following
obligations:
a/ To promptly, fully and
honestly provide documents and evidence related to their compensation claims;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 10.
Rights and obligations of damage-causing official-duty performers
1. Official-duty performers who
have caused damage have the following rights:
a/ To receive decisions related
to compensation settlement;
b/ To lodge their complaints,
denunciations or institute lawsuits against illegal decisions or acts of
competent persons in the settlement of compensation as provided for by law:
c/ To have other rights as
prescribed by law.
2. Official-duty performers who
have caused damage have the following obligations:
a/ To promptly, fully and
honestly provide information and documents related to the settlement of
compensation at the request of compensation-liable agencies or courts;
b/ To reimburse to the state
budget compensation amounts paid by the State to sufferers under decisions of
competent state agencies:
c/ To have other obligations as
prescribed by law.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. The Government has the
following responsibilities:
a/ To perform the unified state
management of compensation work in administrative management and judgment
enforcement;
b/ To coordinate with the
Supreme People's Court and the Supreme People's Procuracy in the management of
compensation work in procedural activities;
c/ To promulgate according to
its competence or propose competent agencies to promulgate legal documents on
state compensation liability:
d/ To annually make statistics
on and review compensation work; to report on compensation work to the National
Assembly or its Standing Committee upon request.
The Ministry of Justice shall
assist the Government in performing the tasks specified in this Clause.
2. Ministries, ministerial-level
agencies and provincial-level People's Committees shall, within the ambit of
their tasks and powers, perform the state management of compensation work and
annually report to the Ministry of Justice on their respective compensation
work.
3. The Ministry of Finance shall
formulate and submit to competent state agencies for promulgation or promulgate
according to its competence legal documents on the use and settlement of the
state budget for compensation.
4. The Supreme People's Court
and the Supreme People's Procuracy shall, within the scope of their respective
tasks and powers, manage compensation work and coordinate with the Government
in performing the state management of compensation work; annually notify the
Ministry of Justice of their respective compensation work.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 12.
Prohibited acts
1. Forging dossiers, documents
and papers for compensation.
2. Acting in connivance among
sufferers, persons responsible for compensation settlement and concerned people
for self-seeking purposes in compensation.
3. Abusing positions and powers
to illegally intervene in the course of compensation settlement.
4. Failing to settle
compensation or settling compensation in contravention of law.
Chapter II
STATE COMPENSATION
LIABILITY IN ADMINISTRATIVE MANAGEMENT ACTIVITIES
Section I.
SCOPE OF LIABILITY AND COM PENS A TION-LIA BLE A GENCIES
Article 13.
Scope of compensation liability in administrative management activities
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. Issuing decisions on
sanctioning administrative violations:
2 Applying measures to ward off
administrative violations and secure the handling of administrative violations;
3. Applying measures to force
the dismantlement of houses, constructions, architectural objects and measures
for coercive enforcement of other decisions on sanctioning administrative
violations;
4. Applying administrative
measures of confining people to a reformatory, rehabilitation establishment or
medical establishment;
5. Granting, revoking business
registration certificates, investment certificates, permits and papers of
permit validity;
6. Imposing taxes, charges and
fees; collecting taxes, charges and fees; collecting tax arrears; collecting
land use levies;
7. Applying customs procedures;
8. Allocating land, leasing land
or recovering land, permitting land use purpose change, compensating for and
supporting ground clearance and resettlement; granting or revoking certificates
of rights to use land and own houses and other assets attached to land;
9. Issuing decisions on handling
of competition-related matters and cases:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
11. Refusing to grant business
registration certificates, investment certificates, permits and papers of
permit validity, protection titles to eligible subjects;
12. Other compensation-eligible
cases prescribed by law.
Article 14.
Compensation-liable agencies
1. Administrative agencies
directly managing official-duty performers who commit damage-causing illegal
acts are liable to pay compensation.
2. Apart from cases defined in
Clause 1 of this Article, compensation-liable agencies shall be determined as
follows:
a/ If agencies managing
official-duty performers in question have been separated, merged, consolidated
or dissolved, the agencies inheriting their functions and tasks shall pay
compensation. If no agencies inherit the functions and tasks of the dissolved
agencies, the agencies which have issued the dissolution decisions shall pay
compensation;
b/ If at the time of handling
compensation claims, damage-causing official-duty performers no longer work in
their managing agencies, the agencies managing those official-duty performers
at the time of causing the damage shall pay compensation;
c/ In case of authorized or
mandated performance of official duties, authorizing or mandating agencies
shall pay compensation. If authorized or mandated agencies perform official
duties at variance with authorized or mandated contents, thus causing damage,
they shall pay compensation;
d/ If many official-duty
performers from different agencies jointly cause damage, the line management
agencies taking principal responsibility for the matters or cases shall pay
compensation;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Section 2.
COMPENSATION SETTLEMENT PROCEDURES
Article 15.
Requests for determination of illegal acts of official-duty performers
1. Individuals and
organizations, when holding that they suffer from damage caused by
official-duty performers, are entitled to request persons competent to settle
complaints to examine and conclude on illegal acts of official-duty performers.
2. Within the time limit
prescribed by the law on complaints and denunciations, the persons competent to
settle complaints shall examine and conclude in writing whether the
official-duty performers' acts are illegal.
3. The procedures for
determination of illegal acts of official-duty performers comply with the law
on complaints and denunciations. In complaint settlement decisions,
damage-causing illegal acts of official-duty performers must be determined.
Article 16.
Compensation claim dossiers
1. Upon receiving documents affirming
that the official-duty performers' illegal acts fall into cases defined in
Article 13 of this Law, sufferers shall file their compensation claims with
compensation-liable agencies defined in Article 14 of this Law.
2. A compensation claim contains
the following principal details:
a/ Full name and address of the
compensation claimant;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c/ The extent of damage and the
claimed compensation amount.
3. A compensation claim must be
enclosed with a competent state agency's document affirming the illegal act of
the official-duty performer and documents and evidence related to the
compensation claim.
Article 17.
Handling of compensation claims
1. Upon receiving compensation
claim dossiers, compensation-liable agencies shall check and determine the
validity of the claims and enclosed papers; if the dossiers are incomplete,
they shall instruct the sufferers to supplement them.
2. Within 5 working days after
the receipt of valid compensation claims and papers. If determining that the
claims fall under their handling responsibility, dossier-receiving agencies
shall handle them and notify sufferers thereof in writing; if the compensation
claims do not fall under their handling responsibility, they shall return them
and guide sufferers to file their claims with competent agencies for
compensation settlement.
Article 18.
Damage verification
1. Within 20 days after
accepting compensation claims, compensation-liable agencies shall completely verify
the damage for use as a ground for determination of compensation amounts. For
matters involving many complicated circumstances or to be verified at different
places, the verification time limit may prolong but must not exceed 40 days.
2. Based on the nature and
contents of matters, compensation-liable agencies may organize the valuation of
property, examination of property damage, examination of health damage or
acquire opinions of relevant agencies on the settlement of compensation.
Expenses for such valuation and examination shall be covered by the state
budget.
3. If sufferers disagree with
valuation or examination results and request re-valuation or re-examination,
which is agreed upon by compensation-liable agencies, re-valuation or reexamination
costs shall be paid by sufferers, unless valuation or examination results prove
that re-evaluation or re-examination requests are grounded.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. Within 30 days after the end
of damage verification, compensation-liable agencies shall organize
negotiations with sufferers on the settlement of compensation. If matters or
cases involve many complicated circumstances, the negotiation time limit may
prolong but must not exceed 45 days.
2. Participants in negotiations
will be representatives of compensation-liable agencies and sufferers or their
lawful representatives. When necessary, damage-causing official-duty performers
will be invited to participate in negotiations.
Representatives of
compensation-liable agencies must be persons competent to reach compensation
agreement with sufferers and take responsibility before their agencies.
3. Negotiation venues will be
offices of compensation-liable agencies or offices of People's Committees of
communes, wards or townships where sufferers reside, unless otherwise agreed
upon by the concerned parties.
4. Negotiations shall be
recorded in writing. A negotiation record must contain the following principal
details:
a/ Date of negotiation;
b/ Negotiation venue and
participants:
c/ Opinions of negotiation
parties:
d/ Successfully or
unsuccessfully negotiated contents.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
5. Negotiation results will
serve as a basis for making decisions on compensation.
Article 20.
Decision on compensation settlement
1. Within 10 days after the
conclusion of negotiations, compensation-liable agencies shall issue
compensation settlement decisions. A compensation settlement decision must
contain the following principal details:
a/ Full name and address of the
compensation claimant:
b/ Brief reasons for
compensation claim;
c/ Grounds for determination of
the compensation liability;
d/ Compensation amount;
e/ The right to institute a lawsuit
at court in case of disagreement with the compensation settlement decision;
f/ Effect of the compensation
settlement decision.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 21.
Effect of compensation settlement decisions
Compensation settlement
decisions take effect 15 days after sufferers receive the decisions, except
where sufferers disagree therewith and institute lawsuits at court.
Section 3.
SETTLEMENT OF COM PENS A TION CLA IMS AT COURT
Article 22.
Institution of lawsuits to request courts to settle compensation
1. Past 15 days after the time
limit for issuing compensation settlement decisions prescribed in Article 20 of
this Law expires, if compensation-liable agencies fail to issue such decisions
or after sufferers receive but disagree with the decisions, sufferers are
entitled to initiate lawsuits at competent courts defined in Article 23 of this
Law to request the settlement of compensation.
If sufferers can prove that
objective obstacles or force majeure circumstances have rendered them unable to
institute lawsuits on time, the duration when the objective obstacles or force
majeure circumstances exist will not be counted into the lawsuit time limit
prescribed in this Clause.
2. Sufferers may not institute
lawsuits requesting courts to settle compensation after the compensation
settlement decisions have taken effect.
Article 23.
Competence and procedures for settlement of compensation claims at court
1. Courts competent to settle
compensation claims are district-level People's Courts of localities where
sufferers reside or work or where the damaged organizations are headquartered
or where the damage occurs, depending on the sufferers' choice, or other cases
prescribed by the civil procedure law.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Section 4.
SETTLEMENT OF COMPENSATION CLAIMS IN THE COURSE OF SETTLEMENT OF ADMINISTRATIVE
CASES
Article 24.
Compensation claims in the course of instituting administrative lawsuits
1. If in the course of
instituting administrative lawsuits, lawsuit-instituting parties hold that the
illegal acts of official-duty performers have caused damage, they may request
courts competent to settle administrative cases to settle the compensation. In
this case, a lawsuit petition must also contain the following details:
a/ Request for affirmation of
the illegal act of the official-duty performer concerned;
b/ Details of the compensation
claim;
c/ The damage and claimed
compensation amount;
d/ Documents and evidence
related to the compensation claim.
2. The procedures for settlement
of compensation claims in the course of settlement of administrative cases
comply with the law on procedures for settlement of administrative cases.
Article 25.
Contents of settlement of compensation claims in court judgments or rulings
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a/ Brief reason for the
compensation claim;
b/ Grounds for determination of
the compensation liability:
c/ Compensation amount;
d/ Form of compensation.
2 The compensation liability and
compensation amounts shall be determined under this Law.
Chapter
III
STATE COMPENSATION
LIABILITY IN LEGAL PROCEEDINGS
Section I.
SCOPE OF COMPENSATION LIABILITY
Article 26.
Scope of compensation liability in criminal proceedings
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. Agencies competent in
criminal proceedings issue decisions annulling the decisions on custody as the
persons held in custody do not commit any illegal act;
2. Agencies competent in criminal
proceedings issue judgments or decisions affirming that detainees or persons
who have completely served or are serving their termed imprisonment, life
sentence, persons who are sentenced to death or persons who have been executed
under death sentences did not commit any criminal acts;
3. Agencies competent in
criminal proceedings issue judgments or decisions affirming that persons
against whom criminal cases were instituted, who were prosecuted and brought to
trial or against whom judgments were enforced without being held in custody or
detained, or who served their prison terms did not commit any criminal acts:
4. Agencies competent in
criminal proceedings issue judgments or decisions affirming that persons
against whom criminal cases were instituted, who were prosecuted and brought to
trial for several offenses in the same case or who have completely served their
prison terms did not commit any or some of these offenses and the penalty term
imposed for remaining offenses is shorter than the duration they were
temporarily detained or served their imprisonment sentences, and these persons
are entitled to compensation for the temporary detention or imprisonment
duration in excess of the aggregate term imposed for the offenses which they
have committed:
5. Agencies competent in
criminal proceedings issue judgments or decisions affirming that persons
against whom criminal cases were instituted or who were prosecuted and brought
to trial for various offenses in the same case and sentenced to death but the death
penalty has not yet been executed, did not commit the offense subject to the
death penalty while the aggregate term for remaining offences is shorter than
the duration of their temporary detention: and these persons are entitled to
compensation for their temporary detention duration in excess of the aggregate
term imposed for the offenses they have committed:
6. Agencies competent in
criminal proceedings issue judgments or decisions affirming that persons who
were tried for various offenses under different judgments and subject to
different penalties already aggregated by the court did commit one or some of
these offenses while the term for remaining offenses is shorter than their
temporary detention or imprisonment duration; and these persons are entitled to
compensation for their temporary detention or imprisonment duration in excess
of the aggregate term imposed for the offenses they have committed:
7. Organizations or individuals
suffering from property damage due to property seizure, custody, distraint,
confiscation or handling related to cases defined in Clauses 1. 2 and 3 of this
Article are entitled to compensation.
Article 27.
Cases ineligible for compensation in criminal proceedings
1. Persons who are exempt from
penal liability under law.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. Persons against whom criminal
cases were instituted, who were prosecuted and brought to trial for various
offenses in the same case or for whom the court decided to aggregate the
penalties under various judgments, who were held in custody, detained,
completely served their imprisonment sentences, or who were sentenced to death
but the death penalty has not yet been executed, but later agencies competent
in criminal proceedings issue judgments or decisions affirming that those
persons did not commit one or some of these offenses but they do not fall into
cases defined in Clauses 4, 5 and 6, Article 26 of this Law.
4. Persons against whom criminal
cases were instituted or who were prosecuted in criminal cases instituted at
the request of victims, but the cases were terminated as the victims have
withdrawn their requests for institution of criminal cases, unless their
illegal acts do not constitute a criminal offense.
5. Persons against whom criminal
cases were instituted or who were prosecuted and tried strictly in accordance
with legal documents effective at the time of prosecution and trial but at the
time when the judgments or decisions take effect new legal documents are
promulgated and took effect after the date of prosecution or trial they no
longer bear penal liability.
Article 28.
Scope of compensation liability in civil and administrative proceedings
The State shall compensate for
damage caused by illegal acts of civil procedure- or administrative
procedure-conducting persons in the following cases:
1. They applied provisional
urgent measures by themselves.
2. They applied provisional
urgent measures other than those requested by individuals, agencies or
organizations:
3. They applied provisional
urgent measures beyond individuals', agencies' or organizations' requests.
4. They issued judgments or
decisions which were, to their clear knowledge, were illegal or deliberately
distorted the case files.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 29.
Compensation-liable agencies in criminal proceedings
1. Agencies liable for
compensation in criminal proceedings are those defined in Articles 30. 31 and 32
of this Law. If these agencies have been separated, merged, consolidated,
dissolved or mandated to perform the official duty, compensation-liable
agencies shall be determined under Points a and c. Clause 2, Article 14 of this
Law.
2. Agencies liable for
compensation in criminal proceedings shall compensate for damage caused in
previous procedural stages.
Article 30.
Compensation liabilities of investigative agencies and agencies tasked to
conduct a number of investigative activities in criminal proceedings
Investigative agencies and
agencies tasked to conduct a number of investigative activities shall pay
compensation in the following cases:
1. They issued custody decisions
but such decisions were then annulled by decisions of competent procuracies as
the persons held in custody did not commit any illegal act:
2. They issued decisions to
institute criminal cases against the accused but such decisions were not
ratified by competent procuracies as the accused did not commit any criminal
act.
Article 31.
Compensation liability of People's Procuracies in criminal proceedings
Procuracies shall compensate for
damage in the following cases:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. They ratified detention
orders of competent investigative agencies or issued detention or detention
extension orders and later competent agencies in criminal proceedings issued
decisions affirming that such persons did not commit any criminal act;
3. First-instance courts
returned files for additional investigation and later competent agencies issued
decisions terminating the investigation as the persons in question did not
commit any criminal act;
4. They issued prosecution
decisions but first-instance courts declared the defendants not guilty as they
did not commit any criminal act and the first-instance judgments have taken
legal effect;
5. Appellate courts uphold
first-instance courts* judgments or rulings declaring the defendants not guilty
as they did not commit any criminal act;
6. Appellate courts uphold
first-instance courts' judgments or rulings declaring the defendants not guilty
as they did not commit any criminal act and later courts conducting trial according
to cassation or reopening procedures still uphold the appellate courts'
judgments or rulings declaring the defendants not guilty as they did not commit
any criminal act.
Article 32.
Compensation liability of People's Courts in criminal proceedings
1. The first-instance court
shall compensate for damage in the following cases:
a/ It declares the defendant
guilty but the appellate court quashes the first-instance judgment, declared
the defendant not guilty and terminated the case as that person did not commit
any criminal act or quash the first-instance judgment for re-investigation and
later the defendant's investigation and case are terminated as he/she did not
commit any criminal act, or quashes the first-instance for re-trial and later
the defendant is declared not guilty as he/she did not commit any criminal act;
b/ It declares the defendant
guilty and the first-instance judgment has taken legal effect but later the
court conducting trial according to cassation or reopening procedures quashes
that judgment and terminates the case as that person did not commit any
criminal act;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d/ It declares the defendant
guilty and the judgment has taken effect but later the court conducting trial
according to cassation or reopening procedures quashes that judgment for
re-trial and the defendant is declared not guilty as he/she did not commit any
criminal act.
2. The appellate court shall
compensate for damage in the following cases:
a/ It declares the defendant
guilty but the court conducting trial according to cassation or reopening
procedures quashes the appellate judgment and terminates the case as that
person did not commit any criminal act:
b/ It declares the defendant
guilty but the court conducting trial according to cassation or reopening
procedures quashes the appellate judgment for re-investigation and later the
defendant's investigation and case is terminated as he/she did not commit any
criminal act;
c/ It declares the defendant
guilty but the court conducting trial according to cassation or reopening
procedures quashes the appellate judgment for re-trial and later the defendant
is declared not guilty as he/she did not commit any criminal act.
3. People's Courts of provinces
and centrally run cities and military courts of military zones or equivalent
level shall compensate for damage when the Judges' Committees of the People's
Courts of provinces or centrally run cities or the military courts of military
zones or equivalent level conducting trial according to cassation or reopening
procedures uphold subordinate courts' judgments declaring defendants guilty, in
the following cases:
a/ The Criminal Tribunal of the
Supreme People's Court conducting trial according to cassation or reopening
procedures quashes the cassation or reopening rulings of the Judges' Committees
of the People's Courts of provinces or centrally run cities or the military
courts of military zones or equivalent level and suspends the cases as the
defendants did not commit any criminal act;
b/ The Criminal Tribunal of the
Supreme People's Court conducting trial according to cassation or reopening
procedures quashes the cassation or reopening rulings of the Judges' Committees
of the People's Courts of provinces or centrally run cities or the military courts
of military zones or equivalent level for reinvestigation and later the
defendants' investigation and cases are terminated as they did not commit any
criminal act;
c/ The Criminal Tribunal of the
Supreme People's Court conducting trial according to cassation or reopening
procedures quashes the cassation or reopening rulings of the Judges' Committees
of the People's Courts of provinces or centrally run cities or the military
courts of military zones or equivalent level for re-trial and later the defendants
are declared not guilty as they did not commit any criminal act.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a/ The Judges' Council of the Supreme
People's Court quashes cassation or reopening rulings of competent courts under
the Supreme People's Court and terminates the cases as the defendants did not
commit any criminal act;
b/ The Judges' Council of the
Supreme People's Court quashes cassation or reopening rulings of competent
courts under the Supreme People's Court for re-investigation and later the
defendants' investigations and cases are terminated as they did not commit any
criminal act;
c/ The Judges' Council of the
Supreme People's Court quashes cassation or reopening rulings of competent
courts under the Supreme People's Court for re-trial and later the defendants
are declared not guilty as they did not commit any criminal act.
Article 33.
Compensation liability of People's Courts in civil and administrative
proceedings
1. Courts competent to issue
rulings on application of provisional urgent measures defined in Clauses 1, 2
and 3, Article 28 of this Law shall compensate.
2. First-instance courts shall
compensate if their legally effective first-instance judgments or rulings
defined in Clause 4, Article 28 of this Law are quashed according to cassation
or reopening procedures.
3. Appellate courts shall
compensate for damage if their legally effective appellate judgments or rulings
defined in Clause 4, Article 28 of this Law are quashed according to cassation
or reopening procedures.
4. Courts conducting trial
according to cassation or reopening procedures shall compensate if their
legally effective cassation or reopening rulings defined in Clause 4, Article
28 of this Law are quashed according to cassation or reopening procedures.
5. If courts defined in Clauses
1, 2, 3 and 4 of this Article are separated, merged, consolidated or dissolved,
compensation-liable agencies shall be identified under Point a, Clause 2,
Article 14 of this Law.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 34.
Dossiers of claims for compensation at criminal procedure- conducting agencies
1. Upon receipt of judgments or
decisions of criminal procedure-conducting agencies affirming that they fall
into compensation-eligible cases defined in Article 26 of this Law sufferers
shall file compensation claims with compensation-liable agencies according to
the following provisions:
a/ Persons suffering from damage
due to custody decisions or decisions to institute criminal cases against the
accused issued by investigative agencies or agencies tasked to conduct a number
of investigative activities defined in Article 30 of this Law shall file
compensation claims with the investigative agencies or the agencies tasked to
conduct a number of investigative activities which have issued such decisions:
b/ Persons suffering from damage
due to procuracies' decisions defined in Article 31 of this Law shall file
compensation claims with the procuracies which have issued such decisions:
c/ Persons suffering from damage
due to judgments or rulings of competent courts defined in Article 32 of this
Law shall file compensation claims with the courts which have made such
judgments or rulings.
2. A claim for compensation in
criminal proceedings defined in Clause 1 of this Article contains the following
principal details:
a/ Full name and address of the
compensation claimant:
b/ Reasons for the compensation
claim;
c/ The damage and claimed
compensation amount.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 35.
Dossiers of compensation claims at civil or administrative procedure-conducting
agencies
1. Upon receipt of documents
affirming illegal acts of official-duty performers who have committed acts
defined in Article 28 of this Law, sufferers shall file compensation claims
with compensation-liable agencies according to the following provisions:
a/ Persons suffering from damage
due to courts' application of provisional urgent measures defined in Clauses 1,
2 and 3. Article 28 of this Law shall file compensation claims with the courts
which have issued rulings to apply such provisional urgent measures;
b/ Persons suffering from damage
due to court judgments or rulings defined in Clause 4. Article 28 of this Law
shall file compensation claims with the courts which have made such judgments
or rulings.
2. A claim for compensation in
civil or administrative proceedings defined in Clause 1 of this Article
contains the following principal details:
a/ Full name and address of the
compensation claimant;
b/ Reasons for the compensation
claim;
c/ The damage and claimed
compensation amount.
3. Enclosed with a compensation
claim shall be documents affirming the illegal act of the official-duty
performer and documents and evidence related to the compensation claim.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
The handling, verification,
negotiation and issuance and effect of decisions on settlement of compensation in
criminal, civil or administrative proceedings comply with Articles 17, 18, 19,
20 and 21 of this Law.
Article 37.
Settlement of claims for compensation in legal proceedings at courts
The initiation of lawsuits
requesting courts to settle compensation and the competence and procedures for
settlement of compensation at courts in legal proceedings comply with Articles
22 and 23 of this Law.
Chapter IV
STATE COMPENSATION
LIABILITY IN JUDGMENT ENFORCEMENT ACTIVITIES
Section I.
SCOPE OF LIABILITY AND LIABLE-COMPENSATION AGENCIES
Article 38.
Scope of liability for compensation in civil judgment enforcement
The State shall compensate for
damage caused by illegal acts of official-duty performers in the following
cases:
1. Issuing or deliberately
failing to issue decisions on:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b/ Revocation, amendment,
supplementation or cancellation of judgment enforcement decisions:
c/ Application of measures to
secure judgment enforcement:
d/ Coercion of judgment
execution:
e/ Execution of court rulings on
application of provisional urgent measures:
f/ Postponement of judgment
enforcement:
g/ Suspension or termination of
judgment enforcement;
h/ Resumption of judgment
enforcement.
2. Organizing or deliberately
failing to organize the execution of decisions defined in Clause 1 of this
Article.
Article 39.
Scope of compensation liability in criminal judgment enforcement
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. Issuing decisions on execution
of the death penalty against persons fully meeting the conditions defined in
Article 35 of the Penal Code;
2. Jailing people beyond the
prison terms under court judgments or rulings;
3. Declining to execute
decisions on judgment enforcement postponement for convicts or decisions on
suspension of execution of imprisonment judgment;
4. Declining to execute
decisions on commutation of imprisonment sentences, decisions on special
reprieve or amnesty.
Article 40.
Agencies liable to compensate in judgment enforcement
1. Agencies liable to compensate
in criminal judgment enforcement are prisons, detention centers, remand
home-managing agencies, competent public security offices and courts issuing
judgment enforcement decisions.
2. Agencies liable to compensate
in civil judgment enforcement are civil judgment enforcement agencies directly
managing official-duty performers who have committed illegal acts causing
damage.
3. If agencies defined in Clauses
1 and 2 of this Article are separated, merged, consolidated or dissolved or
damage-causing official duty performers no longer work in such agencies at the
time of handling the compensation claims, or they performed the official duty
under authorization or mandate, compensation-liable agencies shall be
determined under Points a, b and c. Clause 2. Article 14 of this Law.
Section 2.
COMPENSATION SETTLEMENT PROCEDURES
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. Upon receipt of documents
affirming the official-duty performers’ illegal acts defined in Article 38 of
this Law, sufferers shall file compensation claims with competent agencies
specified in Clauses 2 and 3, Article 40 of this Law.
2. A claim for compensation in
civil judgment enforcement contains the following principal details:
a/ Full name and address of the
compensation claimant:
b/ Reasons for the compensation
claim;
c/ The damage and claimed
compensation amount.
3. Enclosed with a compensation
claim shall be the document affirming the illegal act of the official-duty
performer and documents and evidence related to the compensation claim.
Article 42.
Dossiers of compensation claims at criminal judgment enforcement agencies
1. Upon receipt of documents
affirming the illegal acts of official-duty performers and their
compensation-eligible cases as defined in Article 39 of this Law, sufferers or
their relatives shall file compensation claims with compensation-liable
agencies according to the following provisions:
a/ Persons who are jailed beyond
the sentence-serving duration under court judgments or rulings, as provided for
in Clause 2, Article 39 of this Law, shall file compensation claims with the
prisons, detention centers or remand home-managing agencies which have made
such excessive jail;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c/ Relatives of persons
suffering from damage due to decisions on execution of the death penalty,
defined in Clause 1, Article 39 of this Law, shall file compensation claims
with competent courts having issued such decisions.
2. A claim for compensation in
criminal judgment enforcement, defined in Clause 1 of this Article, contains
the following principal details:
a/ Full name and address of the
compensation claimant;
b/ Reason for the compensation
claim;
c/ The damage and claimed
compensation amount.
3. Enclosed with a compensation
claim shall be the document affirming the illegal act of the official-duty
performer and documents and evidence related to the compensation claim.
Article 43.
Handling, verification, negotiation and issuance of decisions on settlement of
compensation in judgment enforcement
The handling, verification,
negotiation and issuance and effect of decisions on compensation in judgment
enforcement comply with Articles 17, 18, 19, 20 and 21 of this Law.
Article 44.
Handling of claims for compensation in judgment enforcement at courts
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Chapter V
COMPENSATED DAMAGE
Article 45.
Damage caused by asset infringement
1. If the assets have been
already auctioned or lost, the damage will be determined on the basis of the
market prices of assets of the same kind or assets with the same properties and
technical standards and the wear-out of the auctioned or lost assets at the
time of compensation.
2. If the assets have been out
of order, the damage will be determined as related expenses for the asset
repair and restoration, calculated according to the market prices at the time
of compensation; if the assets have been out of repair or restoration, the
damage will be determined under Clause 1 of this Article.
3. If the assets have been left
unused or unexploited, the damage will be determined as lost actual incomes.
For assets on lease on the market, lost actual incomes will be determined commensurate
to the rentals of assets of the same kind or assets with the same technical
standards, properties, utility and quality at the time of compensation; for
assets not on lease on the market, lost actual incomes will be determined as
incomes brought about by the damaged assets under normal conditions before the
time the damage is caused; if distrained assets are assigned to sufferers or
other persons for management, reasonable expenses for the prevention,
restriction and redress of damage to the assets will be determined as the
compensated damage.
4. Money amounts already
remitted into the state budget under decisions of competent state agencies,
confiscated or kept for judgment enforcement, and money amounts deposited as
security at competent agencies will be returned to sufferers or their
relatives; if such money amounts are interest-bearing loans, lawful interest
amounts shall also be returned; if such money amounts are interest-free loans,
they shall be returned to sufferers or their relatives together with interest
amounts calculated at the prime interest rate announced by the State Bank of
Vietnam at the time of compensation.
Article 46.
Damage due to loss of or decrease in actual incomes
1. Individuals and organizations
with identifiable incomes are entitled to compensation for their unearned
actual incomes.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. For individuals with unstable
incomes which cannot be specifically identified due to the lack of grounds or
with seasonal incomes, the average income level of local labor of the same type
shall apply. If the average income level cannot be determined, the damages will
be determined based on the common minimum wage applicable to state agencies at
the time of compensation (below collectively referred to as the minimum wage).
Article 47.
Damage due to mental suffering
1. Damage due to mental
suffering during the administrative custody or confinement in a reformatory,
rehabilitation establishment or medical establishment will be determined as
equal to two days' minimum wage for one day in administrative custody or in a
reformatory, rehabilitation establishment or medical establishment.
2. Damage due to mental
suffering in cases of being held in custody, detained or serving an
imprisonment penalty will be determined as equal to three days' minimum wage
for one day of being held in custody, detained or serving an imprisonment
penalty.
3. Damage due to mental
suffering in case of death of sufferers will be determined as equal to three
hundred sixty months' minimum wage.
4. Damage due to mental
suffering in case of infringement upon health will be determined based on the
extent of health damage but must not exceed thirty months' minimum wage.
5. Damage due mental suffering
in case of institution of a criminal case, prosecution, trial or judgment
enforcement without being held in custody or detained will be determined as
equal to one day's minimum wage for one day of institution of a criminal case,
prosecution, trial, non-custodial reform or serving of a suspended sentence.
The duration used for calculating the compensation amount shall be determined
from the date of issuance of the decision to institute a criminal case against
the accused to the date of issuance of the judgment or decision by a competent
agency affirming that such person falls into a compensation-eligible case
specified in Clause 3, Article 26 of this Law.
Article 48.
Material loss due to the death of sufferers
1. Reasonable expenses for
medical treatment, health fostering and care for the sufferer before his/her
death.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. Alimonies for persons to whom
the sufferer is currently obliged to provide. Monthly alimonies shall be
determined as equal to the minimum wage, unless they are otherwise provided by
law or determined under effective decisions of competent state agencies.
Article 49.
Material loss due to health damage
1. Reasonable expenses for
medical treatment, health fostering and recovery and functional rehabilitation
for sufferers.
2. Lost or reduced actual
incomes of sufferers, as provided for in Article 46 of this Law.
3. Reasonable expenses for, and
lost actual incomes of. persons who look after sufferers during
hospitalization.
4. In case a sufferer loses
his/her working capacity and needs a regular caretaker, the damages will cover
reasonable expenses for caring the sufferer and alimonies for persons to whom
the sufferer is currently obliged to provide. Monthly alimonies are determined
as equal to the minimum wage, unless they are otherwise provided by law or
determined under effective decisions of competent state agencies.
Article 50.
Return of assets
Assets seized, held in custody,
distrained or confiscated will be returned immediately after the decisions on
asset seizure, custody, distraint or confiscation are cancelled.
Article 51.
Honor restoration for sufferers in criminal proceedings
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Within 30 days after
receiving a written claim for honor restoration filed by a sufferer or his/her
lawful representative, the compensation-liable agency which has handled the
case shall make public apologies and corrections.
3. Public apologies and
corrections shall be made in the following forms:
a/ Direct apologies and public
corrections made at residence or working places of the sufferers with the
participation of representatives of the administrations of the localities where
the sufferers reside or representatives of the agencies in which the sufferers
work, and representatives of a socio-political organization of which the
sufferers are members;
b/ Apologies and corrections
published on a central newspaper and a local newspaper for three consecutive
issues at the request of the sufferers or their lawful representatives.
4. If the sufferers have died,
their relatives are entitled to claim for honor restoration.
Chapter VI
COMPENSATION FUNDS AND
PAYMENT PROCEDURES
Article 52.
Compensation funds
1. If central agencies are
liable to compensate, compensation funds will be ensured by the central budget.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 53.
Estimation of compensation funds
Annually, based on the preceding
year's actual compensations, finance agencies at all levels shall coordinate
with agencies and units of the same level in formulating compensation fund
estimates for inclusion in their respective budget estimates and submit them to
competent state agencies for decision in accordance with the law on the state
budget, which will be allocated to agencies and units when there are claims for
damages.
Article 54.
Order and procedures for allocating and paying compensation amounts
1. Within 5 working days after
the effective date of compensation settlement judgments or decisions,
compensation-liable agencies shall immediately transfer compensation claim
dossiers to finance agencies of the same level; if they are funded with central
budget funds, they shall transfer the dossiers to their superior managing
agencies.
Within 5 working days after the
receipt of dossiers, dossier-receiving agencies shall check the validity of
compensation claim dossiers for fund allocation or send written requests to the
finance agencies of the same level for allocation of compensation funds; if the
dossiers are invalid, they shall guide the compensation-liable agencies to
supplement the dossiers or shall amend, supplement the compensation settlement
decisions. The dossier supplementation duration must not exceed 15 days.
2. A compensation claim dossier
comprises:
a/ The written request for
allocation of compensation funds, with full and specific details on
the compensation-eligible person compensation amounts
for each specific damage and the total sum requested to be allocated for
compensation;
b/ A copy of the competent state
agency's document affirming the illegal act of the official-duty performer;
c/ The legally effective
compensation settlement judgment or decision of a competent agency
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. After the receipt of funds
allocated by financial agencies, compensation-liable agencies shall, within 5
working days, pay compensation amounts to sufferers or their relatives.
5. If compensation-liable
agencies decline to voluntarily implement the legally effective compensation
settlement judgments or rulings of courts, compensation-eligible persons may
request civil judgment enforcement agencies to enforce them under the law on
civil judgment enforcement.
Article 55.
Settlement of compensation funds
At the end of a budget year,
compensation-liable agencies and units shall settle compensation funds already
paid and synthesize them in their respective annual budget settlements for
submission to competent agencies under the law on the state budget.
Chapter
VII
REIMBURSEMENT LIABILITY
Article 56.
Reimbursement obligation and handling of responsible official-duty performers
1. Official-duty performers who
are at fault in causing damage are obliged to reimburse to the state budget
money amounts already paid as compensation to sufferers under decisions of
competent agencies.
2. Official-duty performers who
unintentionally cause damage prescribed in Article 26 of this Law are not
liable to reimbursement.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 57.
Grounds for determination of reimbursed amounts
1. Grounds for determination of
reimbursed amounts comprise:
a/ The degree of fault of
official-duty performers;
b/ The extent of damage caused;
c/ Financial conditions of official-duty performers.
The Government, the Supreme
People's Court and the Supreme People's Procuracy shall determine amounts to be
reimbursed by official-duty performers.
2. If many official-duty
performers cause the damage, they shall bear joint liability for the
reimbursement; compensation-liable agencies shall assume the prime
responsibility for, and coordinate with agencies managing official-duty
performers who have caused the damage in, unanimously determining the amount to
be reimbursed by each of these performers.
Article 58.
Order of and procedures for deciding on reimbursement
1. Within 20 days after
completing the payment of compensation amounts, compensation-liable agencies
shall set up a council for considering reimbursement liabilities in order to
determine reimbursement liabilities of and amounts to be reimbursed by
official-duty performers who have caused the damage.
In case the damage is caused by
many official-duty performers from different agencies, such council shall be
participated by representatives of concerned agencies to determine the
reimbursement liability of and amount to be reimbursed by each of these
official-duty performers.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Within 30 days after the
compensation payment is completed, competent persons defined in Article 59 of
this Law shall issue reimbursement decisions. A reimbursement decision shall be
sent to the person with the reimbursement obligation and the immediate superior
agency of the compensation-liable agency.
Article 59.
Competence to issue reimbursement decisions
1. Heads of compensation-liable
agencies are competent to issue reimbursement decisions.
2. If heads of
compensation-liable agencies are persons with the reimbursement obligation,
heads of immediate superior agencies of those persons are competent to issue
reimbursement decisions.
Article 60.
Complaints and lawsuits against reimbursement decisions
If official-duty performers with
the reimbursement liability disagree with reimbursement decisions, they are
entitled to lodge complaints about, or initiate lawsuits against, such
reimbursement decisions under the law on complaints and denunciations and the
law on procedures for settlement of administrative cases.
Article 61.
Effect of reimbursement decisions
1. Reimbursement decisions will
take effect 15 days after their signing if the damage-causing official-duty
performers do not lodge any complaints or initiate any lawsuits against such
decisions.
2. Based on legally effective
reimbursement decisions, compensation-liable agencies shall collect reimbursed
amounts and remit them into the state budget.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. Reimbursement may be made in
a lump sum or in installments.
2. If reimbursement is made by
gradual deduction from monthly salaries of official-duty performers, the
minimum deduction level must not be lower than 10% and the maximum deduction
level must not exceed 30% of monthly salaries.
Article 63.
Management and use of reimbursed money
Compensation-liable agencies
shall fully and promptly remit reimbursed amounts into the state budget. The
management and use of reimbursed amounts comply with the law on state budget.
Chapter
VIII
IMPLEMENTATION PROVISIONS
Article 64.
Non-collection of court costs, fees, other charges and taxes in the course of
compensation settlement
1. When exercising their right
to claim for damage compensation to which the State is liable under this Law.
sufferers are not required to pay court costs, fees and other charges.
2. The damages received by
sufferers are not liable to personal income tax and enterprise income tax.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. This Law takes effect on
January 1, 2010.
2. The following legal documents
cease to be effective on the date this Law takes effect:
a/ The National Assembly
Standing Committee's Resolution No. 388/2003/NQ-UBTVQH11 of March 17, 2003, on
compensation for damage caused to unjustly condemned people by competent
persons in criminal proceedings, and guiding documents;
b/ The Government's Decree No.
47/CP of May 3, 1997, on compensation for damage caused by civil servants or
competent persons of procedure-conducting agencies, and guiding documents.
Article 66.
Transitional provisions
1. Damage compensation claims
which have been accepted by competent state agencies but not yet settled or are
being settled under Resolution No.388/2003/NQ-UBTVQH11 of March 17, 2003, of
the National Assembly Standing Committee on compensation for damage caused to
unjustly condemned people by competent persons in criminal proceedings or the
Government's Decree No.47/CP of May 3. 1997. on compensation for damage caused
by civil servants or competent persons of procedure-conducting agencies, before
the effective date of this Law. will be further settled under these legal
documents.
2. Cases eligible for
compensation under Resolution No.388/2003/NQ-UBTVQH11 of March 17, 2003, of the
National Assembly Standing Committee, on compensation for damage caused to
unjustly condemned people by competent persons in criminal proceedings and the
Government's Decree No.47/CP of May 3, 1997. on compensation for damage caused
by civil servants or competent persons of procedure-conducting agencies, for
which the statute of limitations has not yet expired under these documents by
the effective date of this Law and for which claims for state compensation have
not yet been made or have been already made but not yet handled, will be
settled under this Law.
Article 67.
Implementation detailing and guidance
The Government, the Supreme
People's Court and the Supreme People's Procuracy shall detail and guide the
implementation of this Law's articles and clauses assigned to them and guide
oilier necessary contents of this Law to meet state management requirements.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
CHAIRMAN
OF THE NATIONAL ASSEMBLY
Nguyen Phu Trong