Vietnam: Is it within the scope of the State compensation to apply an illegal temporary emergency measure by oneself, leading to damage?
Is it within the scope of the State compensation to unlawfully apply temporary emergency measures by itself, leading to damage?
Pursuant to Article 19 of the 2017 Law on State Compensation Liability in Vietnam stipulating the scope of the state compensation liability in civil and administrative proceedings as follows:
Scope of state compensation liability in civil and administrative proceedings
The State shall be liable for damages in the following cases:
1. Unlawfully apply temporary emergency measures by itself;
2. Apply temporary emergency measures other than those requested by individuals, agencies or organizations;
3. Apply temporary emergency measures beyond individuals', agencies' or organizations' requests;
4. Apply temporary emergency measures for periods not in accordance with regulations of law or apply temporary emergency measures without justifiable reasons;
5. A competent authority confirms that a judgment/decision which has been legally effective is illegal and the issuing person has faced disciplinary action or criminal liability;
6. Insert, remove, modify, swap, destroy or damage documents and evidence or falsify the case or matter leading the issuance of illegal judgment/decision.
Thus, in case the law enforcer unlawfully applies temporary emergency measures by itself, leading to damage, when there are sufficient grounds as prescribed in Article 7 of the Law on 2017 State Compensation Liability in Vietnam, the affected person has the right to claim compensation from the State.
In addition, the State is also liable for compensation for damage in the following cases:
- Apply temporary emergency measures other than those requested by individuals, agencies or organizations;
- Apply temporary emergency measures beyond individuals', agencies' or organizations' requests;
- Apply temporary emergency measures for periods not in accordance with regulations of law or apply temporary emergency measures without justifiable reasons;
- A competent authority confirms that a judgment/decision which has been legally effective is illegal and the issuing person has faced disciplinary action or criminal liability;
- Insert, remove, modify, swap, destroy or damage documents and evidence or falsify the case or matter leading the issuance of illegal judgment/decision.
Vietnam: Is it within the scope of the State compensation to apply an illegal temporary emergency measure by oneself, leading to damage?
What is the document serving as ground for claim in civil procedures, administrative procedures in Vietnam?
Pursuant to Article 10 of the 2017 Law on State Compensation Liability in Vietnam stipulating the document serving as ground for claim in civil procedures, administrative procedures, including:
- Criminal judgments/decisions made by the competent courts confirming that presiding officers in civil procedures, administrative procedures since they issued illegal judgments/decisions or falsified case files/matter files;
- Final and conclusive decisions on handling of complaints made by competent chief justice or trial panel as prescribed by law on civil procedures, administrative procedures confirming the illegal acts of law enforcers in enforcement of temporary emergency measures;
- Decisions on suspension of investigation made by investigation bodies, decisions on suspension of cases made by procuracies, courts as prescribed by law on criminal procedures applying to presiding officers in civil procedures, administrative procedures since they issued illegal judgments/decisions or falsified case files/matter files but they were exempt from criminal liability as prescribed in Criminal Code;
- Decisions on handling of complaints made by competent chief justice confirming that presiding officers in civil procedures, administrative procedures issued illegal judgments/decisions or falsified case files/matter files; and decisions on handling of complaints concluding that there are substantial grounds to take disciplinary actions or criminal liability against these presiding officers but they died earlier;
- Decisions on disciplinary actions against presiding officers in civil procedures, administrative procedures that issued illegal judgments/decisions or falsified case files/matter files;
- 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.
What are the regulations on 05 rules for state compensation?
Pursuant to Article 4 of the 2017 Law on State Compensation Liability in Vietnam, the rules for state compensation are as follows:
(1) The state compensation shall be paid as prescribed in the 2017 Law on State Compensation Liability in Vietnam.
(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 the 2017 Law on State Compensation Liability in Vietnam.
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 the 2017 Law on State Compensation Liability in Vietnam.
(3) If a claimant filed a compensation claim to any of compensation bodies prescribed in Clause 7 Article 3 of the 2017 Law on State Compensation Liability in Vietnam 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 the 2017 Law on State Compensation Liability in Vietnam.
(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 the 2017 Law on State Compensation Liability in Vietnam.
(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.
Nguyễn Thị Hồng Nhung
