Guidance on the contents of judgment settling compensation claims in Vietnam

Guidance on the contents of judgment settling compensation claims in Vietnam

Criminal judgments, administrative judgments settling compensation claims under state compensation liability in Vietnam shall contain:

(1) In the section containing information on parties to the proceeding, specify participation eligibility of persons requesting compensation under state compensation liability in accordance with the Law on Criminal Proceeding, the Law on Administrative Proceeding.

(2) In the section “NỘI DUNG VỤ ÁN” (CASE DETAILS), present request of persons requesting compensation in separate paragraphs.

(3) In the section “NHẬN ĐỊNH CỦA TÒA ÁN” (COURT REMARKS), present the following issues in separate paragraphs:

- If compensation request is approved, analyze and determine that actions of law enforcers are against the law, damaging for the requesting persons, and under state compensation liability; request made by the requesting persons; damage done to the requesting person by violations of the law committed by law enforcers; whether documents and evidence are sufficient to settle compensation request;

- If compensation request is rejected, analyze and determine that actions of law enforcers are not against the law nor under state compensation liability;

- If compensation request is split and settled via separate cases, analyze and determine that actions of law enforcers are against the law and under state compensation liability but there are insufficient documents and evidence to settle compensation request.

(4) In the section “QUYẾT ĐỊNH” (DECISION), present the following issues in separate paragraphs:

- If compensation request is approved, specify that the request has been approved; identify all damage liable for compensation, compensation amount, restoration of honor (if any); restoration of other legitimate rights and benefits (if any); identify authority responsible for making compensation, restoring honor (if any), restoring other legitimate rights and benefits (if any): request direct superior authority of law enforcers that cause damage to identify compensation liability of law enforcers that cause damage and collect compensation; state that requesting persons are not required to incur court fees, charges, and other fees applicable to compensation request;

- If compensation request is not approved, specify that compensation request has been rejected; state that requesting persons are not required to incur court fees, charges, and other fees applicable to compensation request;

- If compensation request is split, specify that actions of law enforcers are against the law and under state compensation liability; split compensation request in order to settle in separate case according to civil proceeding; requesting persons have the right to file a civil lawsuit to request the Court to make compensation according to civil proceeding procedures.

Circular 02/2023/TT-TANDTC takes effect on October 20, 2023.

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