What damages in administrative management in Vietnam are covered by the State compensation? What is included in documents forming the basis for compensation claim?
When is the state liable for compensation?
Pursuant to Article 7 of the 2017 Law on State Compensation Liability in Vietnam stipulating as follows:
Grounds for determination of state compensation liability
1. The state shall have compensation liability when all of the following grounds are given:
a) The availability of any of the proof to define the law enforcer's illegal act and a compensation claim prescribed in Clause 2 hereof;
b) The sufferer's actual damage within the state compensation liability as prescribed in this Law;
c) The existence of the causal link between actual damage and the damaging act.
2. Proof to define the law enforcer’s illegal act and equivalent compensation claim:
a) Document serving as ground for claim prescribed herein and the claim for compensation filed to the enforcer’s superior body or the competent court in charge of civil lawsuit settlement;
b) The court in charge of administrative case settlement confirmed the existence of illegal act of the defendant being law enforcer causing damage within the state compensation liability and a compensation claim was lodged before or at the meeting to check, access, and publicize evidence and settlement dialogue;
c) The court in charge of criminal case settlement confirmed the existence of illegal act of the defendant being law enforcer causing damage within the state compensation liability in administrative management, civil procedures, administrative procedures, criminal judgment enforcement, civil judgment enforcement and a compensation claim was lodged during the settlement of criminal case.
Thus, the state shall have compensation liability when all of the following grounds are given:
(1) The availability of any of the proof to define the law enforcer's illegal act and a compensation claim prescribed in Clause 2 hereof;
(2) The sufferer's actual damage within the state compensation liability as prescribed in this Law;
(3) The existence of the causal link between actual damage and the damaging act.
In which, proof to define the law enforcer’s illegal act and equivalent compensation claim:
- Document serving as ground for claim prescribed herein and the claim for compensation filed to the enforcer’s superior body or the competent court in charge of civil lawsuit settlement;
- The court in charge of administrative case settlement confirmed the existence of illegal act of the defendant being law enforcer causing damage within the state compensation liability and a compensation claim was lodged before or at the meeting to check, access, and publicize evidence and settlement dialogue;
- The court in charge of criminal case settlement confirmed the existence of illegal act of the defendant being law enforcer causing damage within the state compensation liability in administrative management, civil procedures, administrative procedures, criminal judgment enforcement, civil judgment enforcement and a compensation claim was lodged during the settlement of criminal case.
What damages in administrative management in Vietnam are covered by the State compensation? What is included in documents forming the basis for compensation claim?
What damages in administrative management in Vietnam are covered by the State compensation?
According to the provisions of Article 17 of the 2017 Law on State Compensation Liability in Vietnam on the scope of compensation liability in administrative management as follows:
The State shall be liable for damages in the following cases:
- Unlawfully issuing decisions on penalties for administrative violations;
- Unlawfully applying measures to ward off administrative violations and secure the handling of administrative violations;
- Unlawfully applying one of the following remedial measures for administrative violations:
+ Enforce dismantling of facilities or parts of facilities which are constructed without licenses or inconsistently with the license;
+ Enforce elimination of infringement on products, packages, business facilities, or articles;
+ Enforce recall of unqualified products and goods;
- Unlawfully enforce the implementation of decision on penalties for administrative violations;
- Unlawfully applying one of the following handling measures for administrative violations:
+ Education at communes, wards, district-level towns;
+ Sending to reformatory schools;
+ Sending to correctional facilities;
+ Sending to compulsory detoxification centers;
- Failure to apply or apply following measures to protect denouncers upon their requests not in accordance with the Law on denunciation:
+ Suspending, temporarily suspending, cancelling partly or wholly decisions on disciplinary actions or other decisions infringing legitimate rights and interests of denouncers; resume positions, income, and other legitimate interests for denouncers at their workplace;
+ Suspending, temporarily suspending, cancelling partly or wholly administrative decisions/acts infringing legitimate rights and interests of denouncers; resume positions, income, and other legitimate interests for denouncers at their places of residence;
+ Applying prevention, actions against infringement or threats of infringement on life, health, assets, honor, prestige, and reputation of denouncers as per the law;
- Committing prohibited acts prescribed in the Law on information access in terms of intentional provision of falsifying information without issuing a denial or provide information again;
- Unlawfully issuing, revoking, non-issuing certificates of enterprise registration, certificates of household business registration, certificates of registration for investment, licenses and license-equivalent documents;
- Unlawfully imposing taxes, fees, and charges; unlawfully collecting taxes, fees, and charges; unlawfully collecting tax arrears, paying tax refund; unlawfully collecting land levies;
- Unlawfully applying customs procedures;
- Unlawfully 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;
- Unlawfully issuing decisions on handling of competitions cases;
- Issuing patents according to the legal basis that the applicant has no right to submit the application or the applicant fails to meet the conditions for protection; refuse to issue a patent with the reason that the applicant fails to meet the conditions for protection without legal basis; and have the patent annulled without legal basis;
- Unlawfully issuing decisions on dismissal as disciplinary action to public employees at the position of less than or equal to Director General.
What is included in documents forming the basis for compensation claim in administrative management in Vietnam?
Pursuant to Article 8 of the 2017 Law on State Compensation Liability in Vietnam stipulating as follows:
Documents forming the basis for compensation claim in administrative management prescribed in Article 17 of the 2017 Law on State Compensation Liability in Vietnam include:
- Judgments/decisions made by the competent courts on confirmation of illegal acts of law enforcers;
- Decisions partly or wholly accepting complaints filed by the claimants as prescribed by law on complaints;
- Decisions on cancellation, revocation, amendments to administrative decisions which were promulgated unlawfully;
- Decisions on actions against violations committed by law enforcers which were denounced on the basis of denunciation as prescribed by law on complaints;
- Decisions on actions against violations committed by law enforcers which were denounced on the basis of inspection findings as prescribed by law on inspection;
- Decisions on disciplinary actions against law enforcers that committed illegal acts;
- Other documents as per the law that meet the conditions prescribed in Clause 5 Article 3 of the 2017 Law on State Compensation Liability in Vietnam.
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