Documents forming the basis for determination of state compensation liability in Vietnam

Documents forming the basis for determination of state compensation liability in Vietnam (Internet image)

1. Grounds for determination of state compensation liability in Vietnam

In Article 7 of the Law on State Compensation Liability Law 2017, the grounds for determination of state compensation liability are as follows:

- The state shall have compensation liability when all of the following grounds are given:

+ The availability of any of the proof to define the law enforcer's illegal act and a compensation claim prescribed in Clause 2 hereof;

+ The sufferer's actual damage within the state compensation liability as prescribed in this Law;

+ The existence of the causal link between actual damage and the damaging act.

- Proof to define the law enforcer’s illegal act and equivalent compensation claim:

+ Document serving as ground for claim prescribed herein and the claim for compensation filed to the enforcer’s superior body or the competent court in charge of civil lawsuit settlement;

+ The court in charge of administrative case settlement confirmed the existence of illegal act of the defendant being law enforcer causing damage within the state compensation liability and a compensation claim was lodged before or at the meeting to check, access, and publicize evidence and settlement dialogue;

+ The court in charge of criminal case settlement confirmed the existence of illegal act of the defendant being law enforcer causing damage within the state compensation liability in administrative management, civil procedures, administrative procedures, criminal judgment enforcement, civil judgment enforcement and a compensation claim was lodged during the settlement of criminal case.

2. Documents forming the basis for compensation claim in administrative management in Vietnam

According to Article 8 of the Law on State Compensation Liability Law 2017, documents forming the basis for compensation claim in administrative management prescribed in Article 17 of the Law on State Compensation Liability Law 2017 include:

- Judgments/decisions made by the competent courts on confirmation of illegal acts of law enforcers;

- Decisions partly or wholly accepting complaints filed by the claimants as prescribed by law on complaints;

- Decisions on cancellation, revocation, amendments to administrative decisions which were promulgated unlawfully;

- Decisions on actions against violations committed by law enforcers which were denounced on the basis of denunciation as prescribed by law on complaints;

- Decisions on actions against violations committed by law enforcers which were denounced on the basis of inspection findings as prescribed by law on inspection;

- Decisions on disciplinary actions against law enforcers that committed illegal acts;

- Other documents as per the law that meet the conditions prescribed in Clause 5 Article 3 of this Law.

3. Document serving as ground for claim in criminal procedures in Vietnam

According to Article 9 of the Law on State Compensation Liability Law 2017, documents forming the basis for compensation claim in criminal procedures prescribed in Article 18 of the Law on State Compensation Liability Law 2017 include:

- Judgments made by competent courts to confirm that sufferers are eligible for compensation;

- Decisions made by courts, procuracies, investigation bodies, agencies assigned to carry out certain investigation activities that confirm that sufferers are eligible for compensation;

- Other documents as per the law on criminal procedures that meet the conditions prescribed in Clause 5 Article 3 of the Law on State Compensation Liability Law 2017.

4. Document serving as ground for claim in civil procedures, administrative procedures in Vietnam

According to Article 10 of the Law on State Compensation Liability Law 2017, documents forming the basis for compensation claim in civil procedures, administrative procedures prescribed in Article 19 of the Law on State Compensation Liability Law 2017 include:

- Criminal judgments/decisions made by the competent courts confirming that presiding officers in civil procedures, administrative procedures since they issued illegal judgments/decisions or falsified case files/matter files;

- Final and conclusive decisions on handling of complaints made by competent chief justice or trial panel as prescribed by law on civil procedures, administrative procedures confirming the illegal acts of law enforcers in enforcement of temporary emergency measures;

- Decisions on suspension of investigation made by investigation bodies, decisions on suspension of cases made by procuracies, courts as prescribed by law on criminal procedures applying to presiding officers in civil procedures, administrative procedures since they issued illegal judgments/decisions or falsified case files/matter files but they were exempt from criminal liability as prescribed in Criminal Code;

- Decisions on handling of complaints made by competent chief justice confirming that presiding officers in civil procedures, administrative procedures issued illegal judgments/decisions or falsified case files/matter files; and decisions on handling of complaints concluding that there are substantial grounds to take disciplinary actions or criminal liability against these presiding officers but they died earlier;

- Decisions on disciplinary actions against presiding officers in civil procedures, administrative procedures that issued illegal judgments/decisions or falsified case files/matter files;

- Other documents as per the law that meet the conditions prescribed in Clause 5 Article 3 of the Law on State Compensation Liability Law 2017.

5. Document serving as ground for claim in criminal judgment enforcement in Vietnam

In Article 11 of the Law on State Compensation Liability Law 2017, documents forming the basis for compensation claim in criminal judgment enforcement prescribed in Article 20 of the Law on State Compensation Liability Law 2017 include:

- Judgments/decisions made by the competent court on confirmation of illegal acts of law enforcers;

- Decisions partly or wholly accepting complaints filed by the claimants as prescribed by law on criminal judgment enforcement;

- Decisions on actions against violations committed by law enforcers which were denounced on the basis of denunciation as prescribed by law on complaints;

- Decisions on disciplinary actions against law enforcers that committed illegal acts;

- Other documents as per the law that meet the conditions prescribed in Clause 5 Article 3 of the Law on State Compensation Liability Law 2017.

6. Document serving as ground for claim in civil judgment enforcement in Vietnam

According to Article 12 of the Law on State Compensation Liability Law 2017, documents forming the basis for compensation claim in civil judgment enforcement prescribed in Article 21 of the Law on State Compensation Liability Law 2017 include:

- Judgments/decisions made by the competent court on confirmation of illegal acts of law enforcers;

- Decisions partly or wholly accepting complaints filed by the claimants as prescribed by law on civil judgment enforcement;

- Decisions on cancellation, revocation, amendments to decisions on judgment enforcement which were promulgated unlawfully;

- Decisions on actions against violations committed by law enforcers which were denounced on the basis of denunciation as prescribed by law on complaints;

- Documents issued by heads of civil enforcement agencies accepting appeal by the procuracy as prescribed in law on civil judgment enforcement;

- Decisions on disciplinary actions against law enforcers that committed illegal acts;

- Other documents as per the law that meet the conditions prescribed in Clause 5 Article 3 of the Law on State Compensation Liability Law 2017.

Ngoc Nhi

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