Which entites are eligible for compensation by the State of Vietnam?
Which entites are eligible for compensation by the State of Vietnam? Do claimants have to file a claim for compensation in Vietnam by themselves?
Hello Lawnet. My family owns a business that is registered as a household business; however, the specialized agency recently revoked the business household registration license; my family filed a complaint, and they have returned the license to us. When the license was revoked, my family suffered economic losses. Who will compensate for the damage to my household business?
Thank you!
Which entites are eligible for compensation by the State of Vietnam?
Pursuant to Article 2 of the Law on State Compensation Liability Law in 2017 stipulating entites eligible for compensation by the State of Vietnam as follows:
Individuals and organizations suffering from material damage and/or mental sufferings (hereinafter referred to as sufferers) caused by law enforcers in cases provided by this Law are eligible for compensation by the state.
As regulations above, entites, that are eligible for compensation by the State of Vietnam, are individuals and organizations suffering from material damage and/or mental sufferings caused by law enforcers.
Do claimants have to file a claim for compensation in Vietnam by themselves?
Pursuant to Clause 3 Article 3 of the Law on State Compensation Liability Law in 2017 stipulating claimants as follows:
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.
Pursuant to Clause 4 Article 5 of the Law on State Compensation Liability Law in 2017 stipulating the right to claim compensation as follows:
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.
As regulations above, natural persons, juridical persons may authorize a third party to file a claim for compensation.
Pursuant to Article 7 of the Law on State Compensation Liability Law in 2017 stipulating grounds for determination of state compensation liability in Vietnam as follows:
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.
In your case, the state is the entity responsible for compensating for material damage in order to overcome the consequences of administrative management activities. You can file a petition with the agency directly managing the damage-causing official duty performer or a court competent to handle the case to claim compensation.
Best regards!
