Who has the right to claim compensation from the State in Vietnam?

Who has the right to claim compensation from the State in Vietnam? (Internet image)

1. Who has the right to claim compensation from the State in Vietnam?

According to Article 5 of the Law on State Compensation Liability Law 2017, the following entities are entitled to claim compensation from the state:

- Sufferers;

- Heirs of sufferers if the sufferer being natural person died or the heir of sufferer being organization ceased to exist;

- Legal representatives of sufferers if required as prescribed in the Civil Code;

- Natural persons, juridical persons that are authorized by entities above to claim compensation from the state.

In which:

- Sufferer refers to individuals and organizations suffering from material damage and/or mental sufferings caused by law enforcers.

- Claimant refers to any of the following entities who have filed a claim for compensation:

+ Sufferers;

+ Legal representatives;

+ Authorized representatives of sufferers;

+ The heirs of sufferers if the sufferer being natural person died or the heir of sufferer being organization ceased to exist.

2. Rights and obligations of claimants in Vietnam

- A claimant being sufferer in Vietnam has the rights to:

+ Request any of bodies prescribed in Clause 7 Article 3 of the Law on State Compensation Liability Law 2017 to settle his/her compensation claim and is notified of processing results;

+ File a complaint/denunciation/lawsuit against illegal decision/act of persons competent in settlement of compensation claim as prescribed in law on complaints, denunciation and law on administrative procedures; complaints, appeal against court's judgments and decisions as prescribed in law on procedures;

+ Request competent agencies or organizations to restore his/her legitimate rights and interests as per the law;

+ Ask other persons to protect his/her legitimate rights and interests;

+ Receive guidelines for compensation claims from compensation-managing authority and enforcer’s superior body;

+ Authorize another natural or juridical person to exercise right to compensation claim as prescribed in the Civil Code;

+ And other rights as prescribed by law.

- A claimant being sufferer in Vietnam has the obligations to:

+ Provide materials and evidence relating to compensation claim promptly, accurately, and truthfully and take legal responsibility for such provision;

+ Fully participate in the course of compensation claim settlement at the request of compensation body.

+ Prove the damage actually occurred that is eligible for compensation as prescribed in this Law and the existence of the causal link between actual damage and damaging act;

+ And other obligations as prescribed by law.

- A claimant being the legal representative or the heir of sufferer which is natural person or organization shall have rights and obligations prescribed in Clauses 1 and 2 of Article 13 of the Law on State Compensation Liability Law 2017.

- A claimant being the authorized representative shall have rights and obligations prescribed in Points a, b, c, d, and dd Clause 1 and Clause 2 Article 13 of the Law on State Compensation Liability Law 2017 within the scope of authorization.

(Article 13 of the Law on State Compensation Liability Law 2017)

Diem My

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