Vietnam: 02 bases for instruction provided for persons suffering loss or damage for filing of claims for state compensation

According to Circular No. 09/2019/TT-BTP of the Ministry of Justice of Vietnam, supporting and instructing persons suffering loss or damage to make claims for state compensation shall be based on written requests for support or instructions made by these persons.

If persons suffering loss or damage meet authorities authorized to provide support or instructions in person, front desk clerks shall be responsible for instructing persons suffering loss or damage how to prepare written requests for support or instructions, or noting down details about these written requests for support or instructions, and asking persons suffering loss or damage that submitting such requests to append their names or fingerprints to submitted documents.

Circular No. 09/2019/TT-BTP stipulates that support or instructions may be provided in the following forms:

- Support or instructions given in documentary form;

- Support or instructions provided directly or in person for persons suffering loss or damage.

Immediately after receipt of written requests for support or instructions, and other materials or documents related to claims for compensation (if any), authorities having jurisdiction to provide support or instructions must register and process such requests. Within 1 working day of registration and processing of these requests, Heads of authorities having jurisdiction to provide support or instructions shall assign persons providing support or instructions.

Within 05 working days from the date on which he/she is assigned, the person in charge of providing support or instructions must support and instruct the person suffering loss or damage to complete procedures for making claims for state compensation by taking the following steps:

1. Make a case report;

2. Sort cases in which state compensation liability arises;

3. Consider proposing possible actions to deal with requests for support or instructions.

View other provisions at: Circular No. 09/2019/TT-BTP of the Ministry of Justice of Vietnam takes effect from January 25, 2019.

Thu Ba

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE