Vietnam: Obligation to return the amount of money the State has compensated to the damaged person

According to the Law on State Compensation Liability 2017 of Vietnam, the refund shall be determined as follows:

- If the law enforcer caused damage with intentional fault and a judgment which states that he/she committed a crime, he/she has to refund all the money already paid by the State to the sufferer;

- If the law enforcer caused damage with intentional fault but not to the extent of being prosecuted for penal liability, his/her 30 to 50 months’ pay rate shall be refunded at the time the refund decision is issued but not exceeding 50% of the amount of damages paid by the State;

- If the law enforcer caused damage with unintentional fault, his/her 3 to 5 months’ pay rate shall be refunded at the time the refund decision is issued but not exceeding 50% of the amount of damages paid by the State;

- Where the 50% of the amount of damages is less than the 30 months’ pay rate prescribed at Point b of this Clause or less than 3 months’ pay rate prescribed at Point c of this Clause, the law enforcer must pay at least 50% of the amount of damages paid by the State.

However, each law enforcer shall be entitled to reduced reimbursement when they fully meet the following conditions:

- Proactively overcoming the consequences;

- To fulfill all obligations in the process of claim settlement and have repaid at least 50% of the amount to be reimbursed;

- He/she is economically disadvantaged.

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

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