Vietnam: Cases where the State shall not compensate the wronged person

1. The state shall not compensate for damage caused in the following circumstances:

- Damage occurs entirely due to the fault of the suffer;

- Damage occurring objectively unpredictable and irreparable even though the law enforcers has applied all necessary measures and to the best of his/her ability;

- Damage occurring in circumstances where the law enforcer, in order to avert a threat actually and directly threatening the public interest, the legitimate rights and interests of the sufferer or another person, has no alternative but to take an act which would cause less damage than the damage to be prevented, except for the case where the damage is caused due to beyond an emergency circumstance.

2. Apart from the above-mentioned damage, the state shall not compensate for damage caused in the following circumstances:

- In criminal procedures:

+ Damage occurs in cases where a person faced with criminal prosecution is eligible for exemption from criminal liability according to the provisions of the Criminal Code;

+ Damage caused due to the sufferer’s making false declarations or providing other untruthful documents or exhibits in order to plead guilty for other persons or to conceal the offenses;

+ Damage caused owning to the fact that the person who committed violation of law shows clear signs of offense constitution, against whom criminal cases was instituted or who was prosecuted in criminal cases instituted at the request of victims, but the cases were terminated as the victims have withdrawn their requests for institution of criminal cases;

+ Damage caused owning to the fact that the person against whom criminal case was instituted or who was prosecuted and tried strictly in accordance with legal documents effective at the time of prosecution and trial but at the time when the judgment or decision take effects new legal documents are promulgated and took effect after the date of prosecution or trial he/she no longer bears criminal liability.

- In the course of civil procedures or administrative procedures, the state shall not pay compensation for damage caused when the law enforcer applies the temporary emergency measures in accordance with the request that unluckily causes damage to the person faced with temporary emergency measures or to a third party. The person who requests the court to apply temporary emergency measures improperly, causing damage to the accused or to the third party, shall have to pay compensations to the victims according to the provisions of the civil procedure legislation.

- In civil judgment enforcement, the state shall not pay compensation for damage caused when the law enforcer has applied judgment enforcement measures strictly according to the request of the party causing damage. The person who requests the executor to apply temporary emergency measures improperly, causing damage to the accused or to the third party, shall have to pay compensations to the victims according to the provisions of the civil procedure legislation.

View details at the Law on State Compensation Liability 2017 of Vietnam, effective from July 01, 2018.

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