To enhance the responsibility of officials in the execution of their duties, the Government of Vietnam stipulates that in cases where an official causes wrongful convictions, they must publicly apologize and provide compensation from their salary. This prominent content is mentioned in Decree 68/2018/ND-CP guiding the Law on State Compensation Liability.
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If an officer on duty causes a wrongful conviction, apart from a public apology, they must also be responsible for compensation by using their salary to reimburse the amount the State has compensated the wrongfully convicted person.
The reimbursement amount for officers on duty who intentionally cause damage is determined as follows:
- If the amount the State has compensated exceeds 100 months’ salary of the offending officer, the reimbursement amount is 50 months’ salary of that officer;- If the amount the State has compensated ranges from over 80 to 100 months’ salary, the reimbursement amount is between 40 to less than 50 months’ salary, but not exceeding 50% of the State’s compensation amount;- If the amount the State has compensated ranges from 60 to 80 months' salary, the reimbursement amount is between 30 to less than 40 months’ salary, but not exceeding 50% of the State’s compensation amount;- If the amount the State has compensated is less than 60 months' salary, the reimbursement amount is 50% of the State’s compensation amount.
For officers on duty who unintentionally cause damage, the reimbursement level is as follows:
- If the amount the State has compensated exceeds 10 months' salary of the offending officer, the reimbursement amount is 5 months' salary of that officer;- If the amount the State has compensated ranges from over 8 to 10 months, the reimbursement amount is 4 months' salary;- If the amount the State has compensated ranges from 6 to 8 months, the reimbursement amount is 3 months' salary;- If the amount the State has compensated is less than 6 months, the reimbursement amount is 50% of the State’s compensation amount.
Legal Basis: Clause 2, 3, Article 26 Decree 68/2018/ND-CP.
