Documents and Evidence Used as a Basis for Verifying Compensation Claims

Specifically, according to the provisions of Article 15 of Decree 68/2018/ND-CP, the verification of damages in each specific case is carried out based on one or more types of legal documents and evidence as follows:

1. Verification of damages due to property infringement is done based on one or more types of relevant documents and evidence related to:

- Ownership, exploitation, use of property;- Sale, seizure, temporary holding, freeze, confiscation, execution, loss of property, account freezing; return of property, damaged property, repair, restoration of property, property rental;- Borrowing money to contribute to the state budget, paying fines for violations of obligations in civil and economic transactions;- Contributing money to the state budget, placing money for assurances according to decisions of competent authorities, paying fines for violations of obligations in civil and economic transactions;- Returning money to the harmed person, the harmed person paying money to the person they borrowed money from; property valuation, assessment of damage;- Inability to use or exploit the property.

2. Verification of damages due to actual lost or reduced income of the harmed person who is an individual is done based on one or more types of relevant documents and evidence related to:

- Payment of wages, salaries, unstable seasonal income;- Receiving social insurance benefits by the harmed person;

3. Verification of material damage due to the harmed person’s death and material damage due to health infringement is done based on one or more types of relevant documents and evidence related to:

- Medical examination and treatment at medical facilities;- State of loss or reduction of labor capacity of the harmed person;- Having a person regularly take care of the harmed person;- Fulfilling alimony obligations;- The harmed person’s death;- Assessment of damage.

4. Verification of mental damage is done based on one or more types of relevant documents and evidence related to:

- Applying administrative handling measures for education in communes, wards, commune-level towns, measures of administrative detention, measures to send to reformatory schools, compulsory educational institutions, compulsory detoxification establishments;- Being detained in urgent cases, being prosecuted, indicted, tried, executed, or being subject to preventive measures in criminal proceedings;- The harmed person’s death; the extent of health damage;- Disciplinary dismissal;- Assessment of damage.

5. Verification of damages as other compensated costs is done based on one or more types of relevant documents and evidence related to:

- Renting room accommodation, travel, printing documents, sending letters;- Hiring a defense lawyer, protecting the legal rights and interests of the harmed person;- Visiting relatives of detainees, pre-trial detainees, persons serving prison sentences in criminal proceedings.

See more related content at: Decree 68/2018/ND-CP effective July 1, 2018.

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