Methods to identify competent Court capable of settling compensation claims under state compensation liability during criminal proceeding, administrative proceeding in Vietnam

Methods to identify competent Court capable of settling compensation claims under state compensation liability during criminal proceeding, administrative proceeding in Vietnam (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

On August 24, 2023, the Chief Justice of the Supreme People's Court issued Circular 02/2023/TT-TANDTC guiding the implementation of Article 55 of the Law on State Compensation Liability.

Methods to identify competent Court capable of settling compensation claims under state compensation liability during criminal proceeding, administrative proceeding in Vietnam

Specifically, identifying competent Court capable of settling compensation claims under state compensation liability during criminal proceeding, administrative proceeding

- Courts processing first-instance procedures of criminal cases shall be entitled to settle compensation claims under state compensation liability when all conditions below are met:

+ Suspects, defendants are law enforcers in the performance of administration, civil proceeding, administrative proceeding, criminal judgment enforcement, civil judgment enforcement commit acts specified under Article 17, Article 19, Article 20, and Article 21 of the Law on State Compensation Liability;

+ Actions of the prosecuted suspects, defendants that cause damage and compensation claims under state compensation liability are related;

+ Individuals eligible to file request for compensation under Article 5 of the Law on State Compensation Liability file request for compensation.

- Courts processing first-instance procedures of administrative cases shall be entitled to settle compensation claims under state compensation liability when all conditions below are met:

+ Defendants having administrative decisions, administrative actions under Article 7 of the Law on Administrative Proceeding and Article 17 of the Law on State Compensation Liability;

+ Administrative decisions, administrative actions being sued for causing damage and compensation claims under state compensation liability are related;

+ Individuals eligible to file request for compensation under Article 5 of the Law on State Compensation Liability file request for compensation.

- During criminal judgment enforcement, the court shall not process compensation claims under state compensation liability in criminal proceeding if the defendants or suspects are law enforcers committing damaging acts according to Article 18 of the Law on State Compensation Liability.

Settlement of compensation claims in this case shall be done at superior authority of law enforcers that cause the damage in accordance with Section 1 Chapter V of the Law on State Compensation Liability.

(Article 3 of Circular 02/2023/TT-TANDTC)

Methods to identify damage liable for compensation in Vietnam

The determination of damage liable for State compensation in criminal and administrative proceedings is prescribed as follows:

- Upon receiving compensation request, judges and trial panels shall collect relevant documents, evidence, review, and objectively, comprehensively, accurately evaluate collected documents and evidence to identify damage in a rapid and legitimate manner.

- Identifying of damage liable for compensation shall conform to the Law on State Compensation Liability.

(Article 6 of Circular 02/2023/TT-TANDTC)

Rules for state compensation in Vietnam

According to Article 4 of the Law on State Compensation Liability 2017, the rules for state compensation include:

- The state compensation shall be paid as prescribed in the Law on State Compensation Liability 2017.

- 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 Law on State Compensation Liability 2017.

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 Law on State Compensation Liability 2017.

- If a claimant filed a compensation claim to any of compensation bodies prescribed in Clause 7 Article 3 of the Law on State Compensation Liability 2017 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 Law on State Compensation Liability 2017.

- 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 Law on State Compensation Liability 2017.

- 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.

Circular 02/2023/TT-TANDTC takes effect on October 20, 2023.

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