How long is the period of prescription for lodging compensation claims under the State compensation liability in Vietnam?
How long is the period of prescription for lodging compensation claims under the State compensation liability in Vietnam?
Pursuant to Article 6 of the 2017 Law on State Compensation Liability in Vietnam stipulating as follows:
Period of prescription for lodging compensation claims
1. The period of prescription for lodging compensation claims defined is 3 years from the date on which the entity entitled to claim compensation prescribed in Clauses 1, 2, and 3 Article 5 of this Law receives the document serving as ground for claim, except for the case specified in Clause 2 Article 52 of this Law and restoration of honor.
2. The period of prescription for lodging compensation claims in administrative case settlement is determined according to the period of prescription for taking administrative proceedings.
3. Periods not included in period of prescription for compensation claims:
a) Periods covering force majeure events or objective hindrance prescribed in the Civil Code that prevent entities eligible for compensation claim prescribed in Clauses 1, 2, and 3 Article 5 of this Law from exercising such right to claim compensation;
b) Periods over which the sufferer being minor, legally incapacitated person, or person with limited legal capacity or person with limited cognition or behavior control has not had any representatives as per the law or his/her representative died or could not keep acting as the representative until a new representative is appointed.
4. Claimants shall bear burden of proof in terms of the periods not included in the periods of prescription prescribed in Clause 3 hereof.
Thus, the period of prescription for lodging compensation claims defined is 3 years from the date on which the entity entitled to claim compensation receives the document serving as ground for claim
Except for the case specified in Clause 2, Article 52 of the 2017 Law on State Compensation Liability in Vietnam and restoration of honor.
The period of prescription for lodging compensation claims in administrative case settlement is determined according to the period of prescription for taking administrative proceedings.
How long is the period of prescription for lodging compensation claims under the State compensation liability in Vietnam?
What are the rules for State compensation?
Pursuant to Article 4 of the 2017 Law on State Compensation Liability in Vietnam on the rules for State compensation as follows:
Rules for state compensation
1. The state compensation shall be paid as prescribed in this Law.
2. The compensation claim shall be settled promptly, transparently, equally, in good faith, truthfully, and legally; and be initiated on the basis of negotiation between the compensation body and the claimant as per this Law.
The compensation claim in criminal procedures shall be settled at the superior body of law enforcer causing damage as prescribed in Section 1 Chapter V of this Law.
3. If a claimant filed a compensation claim to any of compensation bodies prescribed in Clause 7 Article 3 of this Law and such compensation body accepted the claim, such claimant is not allowed to file any compensation claim to other competent authorities, except for the cases prescribed in Point b Clause 1 and Clause 2 Article 52 of this Law.
4. The state shall settle a compensation claim upon receipt of the document serving as ground for claim or combine the compensation settlement in the course of criminal procedures or administrative procedures at the court in case of compensation claims in administrative management, civil procedures, administrative procedures, criminal judgment enforcement, and civil judgment enforcement as prescribed in this Law.
5. In cases where the damage is partly the sufferer’s fault, the state shall pay an amount which was deducted from the damages corresponding to the sufferer's fault.
Thus, the State compensation for damage to individuals and organizations suffering damage caused by enforcers in administrative management, proceedings and judgment enforcement activities shall comply with the above provisions.
Who has the right to claim the State compensation for damage?
Pursuant to Article 5 of the 2017 Law on State Compensation Liability in Vietnam, the entities are entitled to claim the State compensation for damage as follows:
The right to claim compensation
The following entities are entitled to claim compensation from the state:
1. Sufferers;
2. Heirs of sufferers if the sufferer being natural person died or the heir of sufferer being organization ceased to exist;
3. Legal representatives of sufferers if required as prescribed in the Civil Code;
4. Natural persons, juridical persons that are authorized by entities prescribed in Clauses 1, 2, and 3 of this Article to claim compensation from the state.
Thus, the following entities are entitled to claim compensation from the state:
(1) Sufferers;
(2) Heirs of sufferers if the sufferer being natural person died or the heir of sufferer being organization ceased to exist;
(3) Legal representatives of sufferers if required as prescribed in the Civil Code;
(4) Natural persons, juridical persons that are authorized by entities prescribed in Clauses 1, 2, and 3 Article 5 of the 2017 Law on State Compensation Liability in Vietnam to claim compensation from the state.
Nguyễn Thị Hồng Nhung
