Vietnam: Damage to be compensated for the wronged person by the State

Specifically, damage to be compensated include:

1. Damage caused by asset infringement

- Assets that have been already disposed of, out of order or lost;

- Damage arising from the fact that assets have been left unused or unexploited;

- Amounts of money that have been already remitted into the state budget or confiscated or kept for judgment enforcement, or deposited as security;

- Damage due to the fact that a sufferer cannot perform civil or commercial transactions which have been effective and paid fines for his/her breach of obligations in these transactions.

2. Damage due to loss of or decrease in actual incomes

3. Material loss due to the death of sufferers

- Expenditures on medical examination and treatment;

- Expenditures on health fostering;

- Expenditures on caring for the sufferer’s carer;

- Expenditures on funeral;

- Alimonies for persons for whom the sufferer is currently obliged to provide.

4. Material loss due to health damage

- Expenditures on medical examination and treatment;

- Expenditures on health fostering;

- Expenditures on caring for the sufferer’s carer;

- Alimonies for persons for whom the sufferer is currently obliged to provide.

5. Damage due to mental suffering

Damage due to mental suffering:

- during the educational administrative measures at communes, wards and towns;

- during the administrative custody or confinement in a reformatory, correctional facility, detoxification center;

- in case of institution of a criminal case, prosecution, trial or judgment enforcement, prevention;

- in case of death of sufferers;

- in case of infringement upon health;

- in a case where a public employee is faced with dismissal unlawfully.

6. Extraordinary expenditures to be compensated

- Resume position (if any), job and benefits as prescribed in law;

- Restore right to learn;

- Resume membership in political organizations, socio-political organizations, political-social-professional organizations, social organizations, and social-professional organizations.

In addition to compensating the above-mentioned damage, the State must also take two other forms to compensate for losses to the victims:

- Assets seized, held in custody, distrained or confiscated unlawfully will be returned;

- Honor restoration: Any sufferer in criminal procedures, public employee faced with dismissal unlawfully, person faced with administrative measures, including bringing to reformatory school, correctional facility, compulsory detoxification center unlawfully shall be entitled to have his/her honor restored.

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

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