Where do the funds for compensation for the wrongly convicted come from? This is one of the issues that public opinion raises the most through a number of wrongful judged cases such as the case of Nguyen Thanh Chan (Bac Giang), Huynh Van Nen (Binh Thuan), Han Duc Long (Bac Giang), etc. and most recently the case of two people in Vinh Phuc asking the Provincial People's Procuracy to compensate VND 38 billion.
Restoration of honor is a form of state compensation for people who have suffered damage due to violations during the performance of official duties, which shall be carried out for cases that seriously affect the honor of people who have been wronged during the proceedings, or people who have been subjected to illegal administrative measures.
The State is responsible for compensating people who have suffered damage caused by violations of the law by people performing official duties. The person performing official duties at fault and causing damage is obliged to repay part or all of the amount that the State has compensated the person who suffered damage to the state budget.
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.
The State must compensate individuals and organizations for damage caused by people performing official duties in administrative management, litigation and judgment enforcement activities.
The state must compensate people who suffer damage caused by illegal acts of people performing official duties. However, not all of the above damages are compensated.
The 14th National Assembly of Vietnam approved the Law on State Compensation Liability at its 3rd session on June 20, 2017, which takes effect from July 01, 2018 (Law on State Compensation Liability 2017) and replaces the Law No. 35/2009/QH12 (Law on State Compensation Liability 2009).
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