Vietnam: Dossiers for compensation claims at enforcer’s superior body

Persons who suffer damage caused by illegal acts of public officials have the right to request compensation in two ways: Request compensation at the agency managing the person performing official duties causing damage and initiate a lawsuit at Court to request compensation.

In case the person who suffered damage chooses to request compensation at the agency directly managing the person performing official duties causing the damage, the compensation claim (hereinafter referred to as claim) shall include:

- Compensation claim form;

- Document serving as ground for claim, unless the suffer has not received or cannot have such document;

- Identity papers of the sufferer;

- Documents and evidence related to the compensation claim (if any).

A compensation claim shall at least contain:

- Claimant’s full name, address, phone number (if any);

- Date of compensation claim;

- Damaging act of law enforcer;

- The existence of the causal link between the actual damage and damaging act of the law enforcer;

- The extent of damage, calculation and the claimed compensation amount;

- Request for provisional sums of compensation funding (if any);

- Request of document serving as ground for claim to be sent to compensation body, which clarifies document’s name and the address where the document could be collected if the claimant is unable to collect such document;

- Request for honor restoration (if any);

- Request for restoration of other legitimate rights and interests (if any).

If the claimant is the sufferer’s successor (or the successors' representative in case of multiple successors) or the sufferer’s representative, apart from the documents prescribed above, the claim shall also include the following:

- Identity papers of sufferer’s successor or representative;

- A legitimate written authorization in case of authorized representative;

- If the sufferer dies testament, the claimant has to provide the testament, if he/she otherwise dies intestate, a legitimate document on inheritance right is required.

View detailed procedures for submission of the dossiers for compensation claims at Chapter V of the Law on State Compensation Liability 2017 of Vietnam, effective from July 01, 2018.

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