Grounds for determination of state compensation liability in Vietnam

Grounds for determination of state compensation liability in Vietnam (Internet image)

1. Grounds for determination of state compensation liability in Vietnam

Grounds for determination of state compensation liability are specified in Article 7 of the Law on State Compensation Liability 2017 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 of Article 7 of the Law on State Compensation Liability 2017;

+ The sufferer's actual damage within the state compensation liability as prescribed in the Law on State Compensation Liability 2017;

+ 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. The right to claim compensation in Vietnam

The following entities are entitled to claim compensation from the state:

- Sufferers;

- Heirs of sufferers if the sufferer being natural person died or the heir of sufferer being organization ceased to exist;

- Legal representatives of sufferers if required as prescribed in the Civil Code;

- Natural persons, juridical persons that are authorized by entities prescribed in Clauses 1, 2, and 3 of Article 5 of the Law on State Compensation Liability 2017 to claim compensation from the state.

3. Period of prescription for lodging compensation claims in Vietnam

- The period of prescription for lodging compensation claims defined is 3 years from the date on which the entity entitled to claim compensation prescribed in Clauses 1, 2, and 3 Article 5 of Law on State Compensation Liability 2017 receives the document serving as ground for claim, except for the case specified in Clause 2 Article 52 of this Law and restoration of honor.

- The period of prescription for lodging compensation claims in administrative case settlement is determined according to period of prescription for taking administrative proceedings.

- Periods not included in period of prescription for compensation claims:

+ Periods covering force majeure events or objective hindrance prescribed in the Civil Code that prevent entities eligible for compensation claim prescribed in Clauses 1, 2, and 3 Article 5 of Law on State Compensation Liability 2017 from exercising such right to claim compensation;

+ Periods over which the sufferer being minor, legally incapacitated person, or person with limited legal capacity or person with limited cognition or behavior control has not had any representatives as per the law or his/her representative died or could not keep acting as the representative until a new representative is appointed.

- Claimants shall bear burden of proof in terms of the periods not included in the periods of prescription prescribed in Clause 3 hereof.

(Article 6 of the Law on State Compensation Liability 2017)

Diem My

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