What are the regulations on the State compensation liability in criminal procedures in Vietnam?
In which cases are the State liable for compensation in criminal procedures in Vietnam?
Pursuant to Article 18 of the 2017 Law on State Compensation Liability in Vietnam, the State shall be liable for damages in criminal procedures as follows:
The State shall be liable for damages in the following cases:
(1) A person was detained for emergencies without justifiable basis as prescribed in the Criminal Procedure Code and he/she did not commit any violation of law;
(2) An agency/person competent in criminal procedures issues a decision to release, revoke the decision on custody, refuse to approve the arrest warrant, temporarily detained decision because he/she did not commit a breach of the law;
(3) An agency competent in criminal procedures issues judgment/decision affirming that the detainee has not committed an offence or his/her act have not constituted the offence or the time limit for investigating the case has expired without proof that the accused has committed the offense;
(4) An agency competent in criminal procedure issues a judgment/decision affirming that the detainee who has completely served or has been serving their termed imprisonment, life sentence, person who has been sentenced to death or person who has been executed under death sentence has not committed any criminal acts or his/her act has not constituted crime;
(5) An agency competent in criminal procedures issues judgment/decision affirming that the person against whom criminal case was instituted, who was prosecuted and brought to trial, or judgment enforcement without being held in custody or detention, or serving sentences has not committed an offence or his/her act have not constituted the offence or the time limit for investigating the case has expired without proof that the accused has committed the offense;
(6) An agency competent in criminal procedures issues a judgment/decision affirming that the person against whom criminal cases was instituted, who was prosecuted and brought to trial for several offenses in the same case or who has completely served his/her prison terms did not commit any or some of these offenses and the penalty term of combined sentence after combination imposed for remaining offenses is shorter than the duration they were temporarily detained or served their imprisonment sentences, and the person is entitled to compensation for the temporary detention or imprisonment duration in excess of the aggregate term imposed for the offense which he/she has committed;
(7) An agency competent in criminal procedures issues a judgment/decision affirming that the person against whom criminal case was instituted or who was 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 his/her temporary detention: and the person is entitled to compensation for his/her temporary detention duration in excess of the aggregate term imposed for the offense he/she has committed;
(8) An agency competent in criminal procedures issues a judgment or decision affirming that a person who was tried for various offenses under different judgments and subject to different penalties already aggregated by the court did not commit any offense or committed one or certain offenses while the term for remaining offenses is shorter than his/her temporary detention or imprisonment duration; and he/she is entitled to compensation for his/her temporary detention or imprisonment duration in excess of the aggregate term imposed for the offenses they have committed;
(9) An agency competent in criminal procedures issues a judgment or decision affirming that a corporation against whom criminal case was instituted, who was prosecuted and brought to trial, or judgment enforcement has not committed an offence or his/her act have not constituted the offence or the time limit for investigating the case has expired without proof that the accused has committed the offense and such corporation did not commit any violation of law;
(10) Entities who have property damaged as a result of seizures, impound, distrain, confiscation, frozen accounts or other entities in conjunction with the above cases that are damaged.
What are the regulations on the State compensation liability in criminal procedures in Vietnam?
What are the documents serving as ground for claim in criminal procedures in Vietnam?
Pursuant to Article 9 of the 2017 Law on State Compensation Liability in Vietnam on documents serving as ground for claim in criminal procedures, specifically including:
- Judgments made by competent courts to confirm that sufferers are eligible for compensation;
- Decisions made by courts, procuracies, investigation bodies, agencies assigned to carry out certain investigation activities that confirm that sufferers are eligible for compensation;
- Other documents as per the law on criminal procedures that meet the conditions prescribed in Clause 5 Article 3 of the 2017 Law on State Compensation Liability in Vietnam.
What are the prohibited acts in settlement of compensation claims?
Pursuant to Article 16 of the 2017 Law on State Compensation Liability in Vietnam, prohibited acts in settlement of compensation claims include:
- Forging documents and papers or providing truthful papers and evidence in compensation claims and in the course of settlement of compensation claims.
- Acting in connivance among claimants, persons responsible for compensation settlement and concerned people for self-seeking purposes in compensation.
- Abusing positions and powers to illegally intervene in the course of compensation settlement, determination of reimbursement liability and consideration of disciplinary actions taken against law enforcers causing damage.
- Failing to settle compensation, failing to make decision on settlement of compensation claims or settling compensation in contravention of law.
- Failing to determine reimbursement liability or failing to consider taking actions against law enforcers causing damage.
- Harass, obstruct settlement of compensation claims.
Nguyễn Thị Hồng Nhung
