Scope of compensation liability in administrative management in Vietnam

Scope of compensation liability in administrative management in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Scope of compensation liability in administrative management in Vietnam

According to Article 17 of the Law on State Compensation Liability 2017, the State shall be liable for damages in the following cases:

- Unlawfully issuing decisions on penalties for administrative violations;

- Unlawfully applying measures to ward off administrative violations and secure the handling of administrative violations;

- Unlawfully applying one of the following remedial measures for administrative violations:

+ Enforce dismantling of facilities or parts of facilities which are constructed without licenses or inconsistently with the license;

+ Enforce elimination of infringement on products, packages, business facilities, or articles;

+ Enforce recall of unqualified products and goods;

- Unlawfully enforce the implementation of decision on penalties for administrative violations;

- Unlawfully applying one of the following handling measures for administrative violations:

+ Education at communes, wards, district-level towns;

+ Sending to reformatory schools;

+ Sending to correctional facilities;

+ Sending to compulsory detoxification centers;

- Failure to apply or apply following measures to protect denouncers upon their requests not in accordance with the Law on denunciation 2018:

+ Suspending, temporarily suspending, cancelling partly or wholly decisions on disciplinary actions or other decisions infringing legitimate rights and interests of denouncers; resume positions, income, and other legitimate interests for denouncers at their workplace;

+ Suspending, temporarily suspending, cancelling partly or wholly administrative decisions/acts infringing legitimate rights and interests of denouncers; resume positions, income, and other legitimate interests for denouncers at their places of residence;

+ Applying prevention, actions against infringement or threats of infringement on life, health, assets, honor, prestige, and reputation of denouncers as per the law;

- Committing prohibited acts prescribed in the Law on information access 2016 in terms of intentional provision of falsifying information without issuing a denial or provide information again;

- Unlawfully issuing, revoking, non-issuing certificates of enterprise registration, certificates of household business registration, certificates of registration for investment, licenses and license-equivalent documents;

- Unlawfully imposing taxes, fees, and charges; unlawfully collecting taxes, fees, and charges; unlawfully collecting tax arrears, paying tax refund; unlawfully collecting land levies;

- Unlawfully applying customs procedures;

- Unlawfully allocating land, leasing land or recovering land, permitting land use purpose change, compensating for and supporting ground clearance and resettlement; granting or revoking certificates of rights to use land and own houses and other assets attached to land;

- Unlawfully issuing decisions on handling of competitions cases;

- Issuing patents according to the legal basis that the applicant has no right to submit the application or the applicant fails to meet the conditions for protection; refuse to issue a patent with the reason that the applicant fails to meet the conditions for protection without legal basis; and have the patent annulled without legal basis;

- Unlawfully issuing decisions on dismissal as disciplinary action to public employees at the position of less than or equal to Director General.

2. Rights and obligations of damage-causing law enforcers

Rights and obligations of damage-causing law enforcers according to Article 14 of the Law on State Compensation Liability 2017 are as follows:

- A law enforcer causing damage shall have the rights to:

+ Receive the document on settlement of compensation claim directly related to his/her rights and obligations as prescribed in the Law on State Compensation Liability 2017;

+ File a denunciation against illegal decision/act of persons competent in settlement of compensation claim, and determination of reimbursement liability as prescribed in law on complaints; file a complaint, lawsuit against the decision on reimbursement, appeal against court's judgments and decisions as prescribed in law on complaints, law on administrative procedures;

+ and other rights as prescribed by law.

- A law enforcer causing damage shall have the obligations to:

+ provide materials and evidence relating to settlement of compensation claim at the request of compensation body promptly, accurately, and truthfully and take legal responsibility for such provision;

+ fully participate in settlement of compensation claim at the request of compensation body and the court of determining reimbursement liability at the request of enforcer’s superior body;

+ and reimburse to the state budget money amounts already paid as compensation to sufferers under decisions of enforcer’s superior body;

+ and other obligations as prescribed by law.

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