Guidelines for Implementing the Settlement of Compensation Claims in Criminal Proceedings and Administrative Proceedings in Vietnam
How does the Supreme People's Court guide the implementation of the settlement of compensation claims in criminal proceedings and administrative proceedings? - Question from Ms. Yen (Hanoi)
Guidelines for Implementing the Settlement of Compensation Claims in Criminal Proceedings and Administrative Proceedings in Vietnam
On August 24, 2023, the President of the Supreme People's Court issued Circular 02/2023/TT-TANDTC guiding the implementation of Article 55 of the Law on State Compensation in 2017 on the settlement of compensation claims in criminal proceedings and administrative proceedings. The content of the guidelines includes:
- Scope of application and subject of application.
- Determining the competent court to settle compensation claims within the scope of the State's responsibility in the course of criminal proceedings and administrative proceedings.
- Requesting the Court to settle compensation claims within the scope of the State's responsibility in the course of criminal proceedings and administrative proceedings.
- Determining the illegal acts of public officials causing damage within the scope of the State's responsibility for compensation.
- Determining the damage to be compensated.
- Separating the request for compensation to be resolved by a different case under the civil procedural procedure.
- The content of the judgment with compensation claims.
How to determine the competent court to settle compensation claims against the State in criminal proceedings and administrative proceedings in Vietnam?
As prescribed in Article 3 of Circular 02/2023/TT-TANDTC, the rules for determining the competent court to settle compensation claims against the State in criminal proceedings and administrative proceedings are as follows:
(1) The court that is hearing the criminal case under the first-instance procedure has the competence to settle compensation claims within the scope of the State's responsibility for compensation when the case meets the following conditions:
- The accused is a public official who is performing public duties in administrative management, civil procedural, administrative procedural, criminal execution, and civil execution, and has committed an act as prescribed in Articles 17, 19, 20, and 21 of the Law on State Compensation in 2017.
- The act of the accused being prosecuted caused the damage, and the compensation claim within the scope of the State's responsibility for compensation is related to the act.
- There is a request for compensation from a person who has the right to request compensation as prescribed in Article 5 of the Law on State Compensation in 2017.
(2) The court that is hearing the administrative case under the first-instance procedure has the competence to settle compensation claims within the scope of the State's responsibility for compensation when the case meets the following conditions:
- The defendant has an administrative decision or an administrative act as prescribed in Article 7 of the Administrative Procedure Code and Article 17 of the Law on State Compensation in 2017.
- The administrative decision or administrative act being challenged caused the damage, and the compensation claim within the scope of the State's responsibility for compensation is related to the act.
- There is a request for compensation from a person who has the right to request compensation as prescribed in Article 5 of the Law on State Compensation in 2017.
(3) In the course of handling a criminal case, the court does not settle compensation claims within the scope of the State's responsibility for compensation in the course of criminal proceedings in the following cases:
- The accused is a public official who has committed an act that caused damage as prescribed in Article 18 of the Law on State Compensation in 2017.
In this case, the settlement of the compensation claim is carried out at the agency directly managing the public official who caused the damage in accordance with the provisions of Section 1, Chapter 5 of the Law on State Compensation in 2017.
When does the State implement compensation upon request in criminal proceedings and administrative proceedings in Vietnam?
Pursuant to Clause 1 Article 7 of the Law on State Compensation in 2017, the State implements compensation upon request in criminal proceedings and administrative proceedings in Vietnam based on following grounds:
- There is one of the grounds for determining the illegal act of a public official causing damage and the corresponding compensation claim, as prescribed in Article 7(2) of the Law on State Compensation in 2017.
- There is actual damage to the victim within the scope of the State's responsibility for compensation, as prescribed by the Law on State Compensation in 2017.
- There is a causal relationship between the actual damage and the act causing the damage.
Note: Circular 02/2023/TT-TANDTC is effective from October 20, 2023.
Best regards!
