Joint Circular No. 01/2004/TTLT-VKSNDTC-BCA-TANDTC-BTP-BQP-BTC guiding Resolution No. 388/NQ-UBTVQH11 of 2003 on compensation for damage to persons wrongfully convicted due to actions by authorized entities in criminal proceedings, issued by the Supreme People's Procuracy, Ministry of Public Security, Supreme People's Court, Ministry of Justice, Ministry of Defense, and Ministry of Finance.

CIRCULAR

JOINT CIRCULAR OF THE SUPREME PEOPLE'S PROSECUTORATE - MINISTRY OF PUBLIC SECURITY - SUPREME PEOPLE'S COURT - MINISTRY OF JUSTICE - MINISTRY OF NATIONAL DEFENSE - MINISTRY OF FINANCE NO. 01/2004/TTLT-VKSNDTC-BCA-TANDTC-BTP-BQP-BTC DATED MARCH 25, 2004 GUIDING IMPLEMENTATION OF CERTAIN PROVISIONS PUBLIC SECURITY -
SUPREME PEOPLE'S COURT - MINISTRY OF JUSTICE - MINISTRY OF NATIONAL DEFENSE -
MINISTRY OF FINANCE JOINT DECREE NO. 01/2004/TTLT-VKSNDTC-BCA-TANDTC-BTP-BQP-BTC DATED MARCH 25, 2004 GUIDING THE IMPLEMENTATION OF CERTAIN PROVISIONS
OF RESOLUTION NO. 388/NQ-UBTVQH11 DATED MARCH 17, 2003 OF THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY ON COMPENSATION FOR DAMAGE CAUSED TO PERSONS WHO ARE INNOCENT DUE TO ACTIONS BY AUTHORIZED BODIES IN CRIMINAL PROCEDURE ACTIVITIES
FOR PERSONS WHO HAVE BEEN WRONGFULLY CONVICTED DUE TO THE ACTIONS OF AUTHORIZED PERSONNEL IN
CRIMINAL PROCEDURE ACTIVITIES CAUSED BY

On March 17, 2003, the Standing Committee of the National Assembly adopted Resolution No. 388/NQ-UBTVQH11 on compensation for damage caused to persons who are innocent due to actions by authorized bodies in criminal procedure activities (hereinafter referred to as Resolution No. 388).

To implement the provisions of the aforementioned Resolution accurately and uniformly, the Supreme People's Procuracy, Ministry of Public Security, Supreme People's Court, Ministry of Justice, Ministry of National Defense, and Ministry of Finance hereby provide guidance on certain points as follows:

I. GENERAL PROVISIONS

1. Cases eligible for compensation for damage

Article 1 of Resolution No. 388 specifically stipulates the cases eligible for compensation for damage. However, when implementing this provision, attention should be paid to the following:

1.1. Persons temporarily detained under point a, Clause 1, Article 1 of Resolution No. 388 shall be compensated for damage if they have not committed any violation of the law and there is a decision by an authorized body in criminal procedure activities to revoke the temporary detention decision.

Example 1: The Public Security Department of County T temporarily detained Nguyen Van A along with eight other people in a gambling case at C's house. After investigation, it was determined that at the time, A went to C's house to repay a debt and was then temporarily detained. Therefore, the Investigative Agency issued a decision to revoke the temporary detention decision against A. In this case, Nguyen Van A is entitled to compensation for damage.

Example 2: Border Guard Detachment 56 of County A caught ten Vietnamese nationals transporting goods illegally across the border from China to Vietnam and ordered them to be temporarily detained. After investigation, it was determined that the value of the goods did not reach the level requiring criminal prosecution, so the temporary detention order was revoked to handle them administratively. In this case, they had committed a violation of the law (transporting goods illegally across the border), so they are not entitled to compensation for damage. Vietnam was illegally transporting goods across the border from China to Vietnam and was ordered to be temporarily detained. Upon investigation, it was determined that the value of the goods did not reach the level requiring criminal prosecution, so the temporary detention order was revoked for administrative handling. In this case, they had committed a violation of the law (illegal transportation of goods across the border), therefore they are not entitled to compensation for damages.

1.2. Persons temporarily detained who have a decision by an authorized body in criminal procedure activities to revoke the temporary detention decision because they did not commit a crime or those who have completed or are serving a fixed-term imprisonment, life imprisonment, or death sentence and have a judgment or decision by a competent court determining that they did not commit a crime shall be compensated for damage.

1.3. Persons who were indicted, prosecuted, and tried, but were not temporarily detained or temporarily imprisoned during the criminal procedure process and have a judgment or decision by an authorized body in criminal procedure activities determining that they did not commit a crime shall be compensated for damage.

1.4. Persons falling under Clause 1, Article 1 of Resolution No. 388, if their property was seized, temporarily detained, attached, or confiscated and suffered damage, shall be compensated for damage according to Resolution No. 388. As for property temporarily detained, seized, attached, or confiscated from other persons not falling under the above cases, compensation for damage will not be resolved according to Resolution No. 388 but will be resolved through general procedures.

2. Cases ineligible for compensation for damage

Cases ineligible for compensation for damage are stipulated in Article 2 of Resolution No. 388; attention should also be paid to the following specific cases which fall under cases ineligible for compensation for damage:

2.1. Persons who were indicted and prosecuted in a criminal case initiated upon the request of the victim, but the case was discontinued before the trial commenced due to the withdrawal of the request by the person who requested the indictment, except where their unlawful act does not constitute a crime;

2.2. Persons who were indicted, prosecuted, and tried correctly based on legal regulations in effect at the time of indictment, prosecution, and trial, but now according to newly enacted and effective legal regulations, they are not subject to criminal responsibility;

2.3. Persons who were indicted, prosecuted, and tried for multiple crimes in the same case, but later a decision by an authorized body in criminal procedure activities determines that they only committed one crime, while the other crimes they did not commit;

2.4. Persons who committed unlawful acts, criminal offenses, and were temporarily detained, indicted, temporarily imprisoned, prosecuted, and tried, and have a decision or judgment by an authorized body in criminal procedure activities revoking such decisions or judgments solely because the conclusion of the forensic medical examination board indicates that at the time of committing the unlawful act or criminal offense, the person lacked criminal responsibility capacity.

II. DETERMINATION OF DAMAGE AND AMOUNT OF COMPENSATION FOR DAMAGE

1. Damage due to mental distress

1.1. When determining damage due to mental distress for persons who are innocent and were temporarily detained, temporarily imprisoned, serving a sentence, or released on bail, the following must be noted:

a) The specific number of days of innocence for the innocent person must be calculated from the date of the indictment decision until the date of the judgment or decision by an authorized body in criminal procedure activities determining that the person did not commit a crime, including the number of days of temporary detention, temporary imprisonment, serving a sentence, and the number of days on bail (including the days of temporary detention prior to the indictment decision). After determining the number of days of temporary detention, temporary imprisonment, serving a sentence, and the number of days on bail, refer to Clause 1 and Clause 3, Article 5 of Resolution No. 388 to calculate the number of days' wages based on the minimum wage rate for compensation to the innocent person.

Example: On December 1, 2003, M was temporarily detained and indicted. After the three-day temporary detention period expired, M was temporarily imprisoned. On March 1, 2004, M was released on bail. On March 20, 2004, the Investigative Agency issued a decision to discontinue the investigation against M on the grounds that M did not commit a crime. In this case, the number of days for which M is entitled to compensation for being innocent is determined as follows: The Investigative Agency issued a decision to terminate the investigation against M on the grounds that M did not commit a criminal act. In this case, the number of days for which M is entitled to compensation due to wrongful conviction shall be determined as follows:

- The number of days under temporary detention or arrest is: 31 days of December 2003 + 31 days of January 2004 + 29 days of February 2004 = 91 days.

- The number of days not under temporary detention or arrest (at liberty) is: 20 days (from January 1 to January 20, 2004).

- The number of days for salary calculation based on the minimum wage for compensation is:

(91 days x 3) + 20 days = 293 days.

b) One day's minimum wage calculated according to the general minimum wage set by the State at the time of compensation settlement shall be determined by dividing the minimum wage set by the State at the time of compensation settlement by 22, which is the average number of working days in each month.

Example: At the time of issuance of this Circular, if compensation settlement is carried out, the general minimum wage set by the State is 290,000 dong, therefore, one day's minimum wage will be: 290,000 dong ÷ 22 = 13,181 dong.

1.2. When settling compensation for a lump sum amount to compensate for mental distress in cases where the wrongfully convicted person has died, attention should be paid to:

a) Compensation for a lump sum amount to compensate for mental distress shall only be settled if the wrongfully convicted person dies during the period of temporary detention or arrest, serving a sentence without being due to their own fault or due to an unforeseeable event.

b) The lump sum amount to compensate for mental distress, equivalent to three hundred sixty months' worth of minimum wage calculated according to the general minimum wage set by the State at the time of compensation settlement, is compensation for those closely related to the wrongfully convicted person who has died, including: spouse, parents, adoptive parents, children, adopted children, and the person directly nurturing the wrongfully convicted person, regardless of the number of people entitled to compensation for mental distress and the duration of temporary detention, arrest, or serving a sentence. In this case, compensation for damage due to mental distress as stipulated in Clause 1 and Clause 3 of Article 5 of Resolution No. 388 and as guided in Subsection 1.1 Section 1 herein shall not be considered.

c) If the wrongfully convicted person dies during the period of temporary detention, arrest, or serving a sentence due to their own fault or due to an unforeseeable event, those closely related to the wrongfully convicted person, including: spouse, parents, adoptive parents, children, adopted children, and the person directly nurturing the wrongfully convicted person, shall not be compensated with a lump sum amount to compensate for mental distress equivalent to three hundred sixty months' worth of minimum wage calculated according to the general minimum wage set by the State at the time of compensation settlement. In this case, the wrongfully convicted person shall be compensated for damage due to mental distress as stipulated in Clause 1 and Clause 3 of Article 5 of Resolution No. 388 and as guided in Subsection 1.1 Section 1 herein.

1.3. Damage due to mental distress that is compensated is independent from the damages stipulated in Articles 6, 7, 8, and 9 of Resolution No. 388.

2. Material damage

2.1. Reasonable expenses as stipulated in Clauses 1 and 2 of Article 6 and Clauses 1 and 2 of Article 7 of Resolution No. 388 are actual necessary expenses consistent with the nature and extent of the damage, consistent with the average price in each locality at the time of expenditure, specifically as follows:

a) Reasonable expenses for the medical treatment, care, and nursing of the wrongfully convicted person before death as stipulated in Clause 1 of Article 6 of Resolution No. 388 include: fees for renting transportation to take the wrongfully convicted person to emergency medical facilities; drug and medical equipment purchase fees; costs for X-rays, CT scans, ultrasounds, laboratory tests, surgery, blood transfusions as prescribed by doctors; hospitalization fees; purchase fees for nutritional supplements and health recovery supplements for the wrongfully convicted person as prescribed by doctors; other actual necessary expenses before the death of the wrongfully convicted person (if any). nitrogen fertilizer, health recovery allowance for the wrongfully convicted person as prescribed by a doctor; other actual and necessary expenses before the death of the wrongfully convicted person (if applicable). Clause 2 of Article 6 of Resolution No. 388 includes: costs for purchasing a coffin, incense, flowers, candles, shrouds, hiring funeral vehicles, and other expenses serving the burial or cremation of the deceased wrongfully convicted person according to common practice. Claims for compensation for sacrificial offerings, worship ceremonies, lavish meals, construction of graves, exhumation... will not be accepted.

b) Reasonable expenses for the burial of the wrongfully convicted person who has died, as stipulated in Clause 2 of Article 6 of Resolution No. 388 include: fees for purchasing coffins, incense, flowers, candles, shrouds, funeral vehicles, and other expenses serving the burial or cremation of the wrongfully convicted person according to common practice. Requests for compensation for sacrificial offerings, worship ceremonies, lavish meals, tomb construction, exhumation... shall not be accepted. Material compensation is guided by Subsection 2.1 Section 2 of this Decree if they have paid these reasonable expenses. If state agencies have already covered part or all of these expenses, then they are not entitled to compensation for the expenses that the state agencies have paid.

c) Reasonable expenses for the medical treatment, care, rehabilitation, and restoration of lost or diminished functions of the wrongfully convicted person as stipulated in Clause 1 of Article 7 of Resolution No. 388 include: expenses guided at point a subsection 2.1 herein and expenses for the installation of prosthetic limbs, eyes, wheelchairs, walkers, and aesthetic restoration... to support or replace part of the lost or diminished functions of the wrongfully convicted person's body (if any).

2.2. The wrongfully convicted person or their relatives are entitled to compensation for material damage as guided in subsection 2.1 section 2 herein if they have paid these reasonable expenses. In cases where state agencies have paid part or all of these expenses, they shall not be compensated for the expenses already paid by the state agencies. Heads of central sectors are responsible for resolving any disputes within their own sector and coordinating to examine disputes between sectors.

2.3. Reasonable expenses and actual income loss of the caregiver of the wrongfully convicted person during the treatment period as stipulated in Clause 2 of Article 7 of Resolution No. 388 are determined as follows:

a) Reasonable expenses for the caregiver of the wrongfully convicted person during the treatment period include travel and accommodation fees for one of the relatives of the wrongfully convicted person, rented at the average price in the locality (if applicable), due to necessity or the requirement of the medical facility to have someone care for the wrongfully convicted person during the treatment period.

b) Actual income loss of the caregiver of the wrongfully convicted person during the treatment period is determined as follows:

- If the caregiver of the wrongfully convicted person has stable income from salary within the staff roster or wages from labor contracts, the actual income loss shall be based on the salary or wages of the month immediately preceding when the caregiver had to attend to the wrongfully convicted person.

- If the caregiver of the wrongfully convicted person works and has stable monthly income but with varying levels of income, the average income of the six months immediately preceding when the caregiver had to attend to the wrongfully convicted person shall serve as the basis for determining the actual income loss.

- If the caregiver of the wrongfully accused person does not have a job, or has months with work and months without work, thus having no stable income each month, they shall be entitled to receive a care allowance equivalent to the national minimum wage at the time when they are caring for the wrongfully accused person.

- During the period of caring for the wrongfully accused person, if the caregiver continues to receive wages or remuneration for labor from their employer in accordance with the provisions of labor laws and social insurance, they shall not be entitled to receive the corresponding compensation amount.

2.4. A wrongfully accused person who has lost the ability to work and requires constant care is someone who is no longer capable of performing material production activities due to paralysis of the spine, blindness in both eyes, paralysis of both limbs, severe mental illness, and other cases as specified by competent state authorities. The reasonable costs for the constant care of a wrongfully accused person who has lost the ability to work, as stipulated in Clause 3 of Article 7 of Resolution No. 388, shall be calculated based on the average payment for caregivers of disabled persons in the locality where the wrongfully accused person resides. Clause 3 of Article 7 of Resolution No. 388 shall be determined by the average payment for caregivers of disabled persons in the locality where the wrongfully accused person resides.

2.5. When resolving the compensation for actual income loss of the wrongfully accused person as provided in Article 9 of Resolution No. 388, attention should be paid to:

a) The wrongfully accused person (including deceased cases) shall only be compensated for the actual income loss during the period they were under temporary detention, pre-trial detention, serving a criminal sentence, if they had a stable income.

b) The actual stable income loss of the wrongfully accused person shall be determined as follows:

- If before being temporarily detained, pre-trial detained, or serving a criminal sentence, the wrongfully accused person had a stable income from salary within the establishment or remuneration from a labor contract, then the amount of salary or remuneration of the month immediately preceding the period of temporary detention, pre-trial detention, or serving a criminal sentence shall be used as the basis to determine the actual income loss;

- If before being temporarily detained, pre-trial detained, or serving a criminal sentence, the wrongfully accused person was working and had a stable monthly income but with varying levels of income, then the average income of the six months immediately preceding the period of temporary detention, pre-trial detention, or serving a criminal sentence shall be used as the basis to determine the actual income loss.

c) If the wrongfully accused person does not have a job or has months of work and months without work, and therefore does not have a stable monthly income, they shall not be compensated according to Article 9 of Resolution No. 388.

d) During the period of temporary detention or pre-trial detention, if the wrongfully accused person still receives wages or remuneration for labor from their employer in accordance with the provisions of labor laws and social insurance, they shall not receive the corresponding compensation amount.

2.6. Compensation for maintenance payments shall only be made for those individuals for whom the wrongfully accused person was fulfilling maintenance obligations as stipulated in Clause 3 of Article 6 and Clause 3 of Article 7 of Resolution No. 388, if prior to temporary detention, pre-trial detention, or serving a criminal sentence, the wrongfully accused person was actually fulfilling maintenance obligations, but during the period of temporary detention, pre-trial detention, or serving a criminal sentence, they died or suffered health damage leading to the loss of working capacity. Those individuals receiving maintenance payments from the wrongfully accused person shall be compensated for the corresponding maintenance payments. The level, method, and duration of maintenance payments shall be based on the provisions of the law on marriage and family.

III. ON THE LIABILITY FOR COMPENSATION OF DAMAGE
TO THE WRONGFULLY ACCUSED PERSON

1. Damage compensation must be resolved promptly, transparently, and in accordance with the law. All damages that the wrongfully accused person or their relatives are entitled to receive according to Resolution No. 388 must be compensated in one lump sum, except where the law provides otherwise or the parties agree differently. For maintenance payments for those individuals for whom the wrongfully accused person was fulfilling maintenance obligations as stipulated in Clause 3 of Article 6 and Clause 3 of Article 7 of Resolution No. 388, if the recipient agrees to receive it in one lump sum, it shall be compensated in one lump sum; if they do not agree to receive it in one lump sum, it shall be paid monthly during the period of maintenance.

2. Determining the agency responsible for compensating for damage must be based on Article 10 of Resolution No. 388. The determination of the agency responsible for compensating for damage in certain specific cases is as follows:

2.1. The agency that issued the order for temporary detention or pre-trial detention with approval from the Prosecutor's Office, but continued to detain without a valid order after the approved detention period expired, or continued to detain despite having an order but without approval from the Prosecutor's Office, shall be responsible for full compensation for all damages in the event that the detention is revoked because the detainee did not commit a violation of the law or the pre-trial detention is revoked because the detainee did not commit a crime, except for damages caused by property infringement.

2.2. Once a wrongfully accused person is identified, the agency responsible for compensating for damage is the last agency that processed the wrongful accusation, regardless of whether previous investigative agencies partially processed the wrongful accusation.

Example 1: The Investigation Agency concluded an investigation report recommending prosecution by the Prosecutor's Office for multiple crimes, but the Prosecutor's Office only prosecuted for one crime, and the first-instance court declared the defendant not guilty because they did not commit a crime. In this case, the Prosecutor's Office shall be responsible for full compensation for all damages, except for damages caused by property infringement.

Example 2: The Prosecutor's Office prosecuted the suspect for multiple crimes, but the first-instance court only tried and convicted the defendant for one crime, and the appellate court declared the defendant not guilty because they did not commit a crime. In this case, the first-instance court shall be responsible for full compensation for all damages, except for damages caused by property infringement.

2.3. If after accepting the case, the first-instance court issues a decision to detain the defendant (or accused) to complete the trial, but declares the defendant not guilty and dismisses the case because they did not commit a crime, and the judgment becomes legally effective, the decision to prosecute issued by the Prosecutor's Office shall be responsible for full compensation for all damages, except for damages caused by property infringement.

2.4. If, after accepting the case for trial, the appellate court issues a decision to temporarily detain the defendant to complete the appellate review, but when reviewing the case, the appellate court overturns the first-instance judgment, declares that the defendant did not commit the crime, and dismisses the case because the person did not commit the criminal act, then the first-instance court shall be responsible for compensating all losses, except for losses caused by the infringement of property.

2.5. For assets of individuals falling under the cases specified in Clause 1 of Article 1 of Resolution No. 388, which were seized, detained, attached, or confiscated and suffered damage, the agency issuing the decision to seize, detain, attach, or confiscate such assets shall be responsible for compensation.

IV. ISSUING AND DELIVERING DECISIONS AND JUDGMENTS

1. The decision determining that the person under temporary detention did not commit a violation of the law; the decision or judgment determining that the person under prosecution, temporary detention, or serving a sentence did not commit a criminal act must be issued or delivered to those entitled to compensation and the agencies responsible for compensation as stipulated in Resolution No. 388 and the Circular Jointly Issued herein.

2. The issuance and delivery of decisions determining that the person under temporary detention did not commit a violation of the law; decisions or judgments determining that the person under prosecution, temporary detention, or serving a sentence did not commit a criminal act must be carried out within the time limit prescribed by the Criminal Procedure Code. In cases where the Criminal Procedure Code does not provide a specific time limit, the deadline shall be ten days from the date of issuance of the decision or judgment.

3. In cases where there is a complaint, request, or demand for the competent authority to reconsider the decision determining that the person under temporary detention did not commit a violation of the law, or the decision or judgment determining that the person under prosecution, temporary detention, or serving a sentence did not commit a criminal act, the competent authority must promptly examine and resolve it within thirty days from the date of receipt of the complaint, request, or demand, and notify the complainant, requester, or demander of the result. If the competent authority maintains the original decision or judgment after reconsideration, compensation for damages must be immediately implemented.

V. PROCEDURES FOR RESTORATION OF REPUTATION, CLAIMS FOR COMPENSATION, JURISDICTION, AND PROCEDURES FOR SETTLEMENT
COMPENSATION FOR DAMAGES AT COURT

1. Procedures for restoring reputation

1.1. The agency responsible for compensating damages to the wrongfully accused person must conduct an apology and public correction within thirty days from the date of receiving the effective legal decision or judgment of the competent authority in criminal proceedings determining that the person was wrongfully accused.

1.2. The head (or authorized representative) of the agency responsible for compensating damages must negotiate with the wrongfully accused person, their relatives, or their legal representatives regarding the location for the apology (which may be at the place of residence or workplace of the wrongfully accused person). At the same time, they must notify the agency where the wrongfully accused person works, the local government where the wrongfully accused person resides, and political-social organizations to which the wrongfully accused person belongs, so that these agencies and organizations can send representatives to attend.

1.3. The agency responsible for compensating damages must directly apologize to the wrongfully accused person and publish corrections in three consecutive issues of a central newspaper (People's Newspaper or People's Army Newspaper) and a local newspaper (newspaper of the provincial or municipal Party Committee) unless the wrongfully accused person or their legal representative requests otherwise.

2. Procedures for claiming compensation for damages

2.1. The wrongfully accused person, their relatives, or their legal representatives, as specified in Clause 2 of Article 5 of Resolution No. 388, must submit a claim for compensation for damages. The claim for compensation for damages must clearly state the items of damage claimed, the amount of compensation, and other contents according to Form No. 01a, 01b attached to this Circular Jointly Issued. Accompanying the claim must be the following documents:

a) The decision or judgment already in effect legally determining that the person was wrongfully accused;

b) A valid copy of one of the identity documents of the wrongfully accused person or proof of their relationship to the wrongfully accused person such as household registration, marriage certificate, birth certificate, national identity card... or confirmation from the local government where the wrongfully accused person resides or the agency or organization where the wrongfully accused person works;

c) Valid certificates regarding reasonable expenses and income of the wrongfully accused person before being temporarily detained, detained, or serving a sentence.

The agency responsible for compensating damages must accept the claim and accompanying documents and record them in the registry. Within thirty days from the date of receipt of the claim, the head of the agency responsible for compensating damages or their authorized representative must negotiate with the wrongfully accused person or their relatives about compensation for damages.

2.2. In cases where the wrongfully accused person has died and there are multiple relatives, they must appoint one representative to negotiate compensation for damages. The appointment of a representative must be documented in writing. If the relatives of the deceased wrongfully accused person cannot appoint anyone as a representative, negotiations must be conducted directly with them.

2.3. The head of the agency responsible for compensating damages or their authorized representative must conduct negotiations on compensation for damages at the agency's headquarters. During negotiations, they must consider the items of damage claimed in the claim, the accompanying documents. Based on the provisions of Articles 5, 6, 7, 8, and 9 of Resolution No. 388, other regulations on systems, standards, and quotas set by the State (if applicable), and guidance in this Circular Jointly Issued, they must negotiate which items of damage will be compensated and the amount of compensation.

2.4. When conducting negotiations, a record must be made to fully document the negotiation process. In the event that negotiations are successful, within no more than seven days from the date of recording the successful negotiation, the head of the responsible compensation agency must issue a decision on compensation. The compensation decision must clearly specify the amounts of compensation and the persons entitled to compensation according to the results of the successful negotiation recorded in the record (in accordance with Model 03a, 03b attached hereto).

3. Jurisdiction and procedures for resolving compensation claims before the court 3.1. The person who was wrongfully convicted, their relatives, or their lawful representatives have the right to request the competent court to resolve the compensation claim within thirty days from the date:

a) The expiration of thirty days from the date the responsible compensation agency received the compensation claim application but did not conduct negotiations;

b) A record of unsuccessful negotiations was established.

3.2. The competent court to accept and resolve compensation claims is the People's Court of the district, city district, town, or provincial city where the wrongfully convicted person resides or works. In cases where the competent court for compensation is also the responsible compensation agency, it is necessary to assign members of the trial panel who are not related to the wrongful conviction. The procedures for resolving compensation claims before the court shall be carried out in accordance with the provisions of civil procedural law.

VI. ON EXPENSES AND PAYMENT OF COMPENSATION

1. Budget estimate for compensation expenses

Annually, based on the actual compensation provided to wrongfully convicted persons caused by authorized persons in criminal proceedings in the previous year, the central agencies authorized in criminal proceedings (Ministry of Public Security, Supreme People's Procuratorate, Supreme People's Court, Ministry of National Defense including Border Guard Force, Coast Guard, Ministry of Justice, and agencies granted investigative powers such as Customs, Forest Rangers...) shall coordinate with the Ministry of Finance to prepare a budget estimate for compensation for wrongfully convicted persons to be included in the state budget proposal submitted to the National Assembly.

2. Procedures for payment of compensation

2.1. Immediately upon issuance of a compensation decision in the case of successful negotiations or upon issuance of a judgment or decision of the court regarding compensation that has taken legal effect, the responsible compensation agency must submit a compensation request document to the central supervisory agency for review and consolidation and to request the Ministry of Finance to allocate compensation funds. The document must include detailed information about the person entitled to compensation, the specific compensation amounts for each type of loss, and the total amount requested from the Ministry of Finance for compensation.

Accompanying this document must be the following documents:

a) The judgment or decision of the authorized agency in criminal proceedings determining the wrongfully convicted person entitled to compensation;

b) The compensation decision of the responsible compensation agency in the case of successful negotiations or the judgment or decision of the court regarding compensation that has taken legal effect.

2.2. Within five days from the date of receipt of the request for allocation of compensation funds and the accompanying documents as specified in point 2.1, the Ministry of Finance shall allocate funds to the responsible compensation agency to implement compensation for wrongfully convicted persons.

2.3. After receiving the funds allocated by the Ministry of Finance, the responsible compensation agency must immediately proceed with the payment of compensation to the wrongfully convicted person or their relatives in accordance with the state budget law.

3. Settlement of compensation expenses

At the end of the fiscal year, the agencies responsible for compensating wrongfully convicted persons must prepare a settlement report on the compensation expenses incurred and report to the central supervisory agency.

The central supervisory agency will consolidate the settlement reports on compensation expenses across the sector to settle with the Ministry of Finance in accordance with the state budget law.

The Ministry of Finance will consolidate the settlement reports on compensation for wrongfully convicted persons caused by authorized persons in criminal proceedings into the overall settlement report of the state budget to be submitted to the National Assembly in accordance with the state budget law.

VII. SETTLEMENT OF DISPUTES REGARDING LIABILITY FOR COMPENSATION BETWEEN AUTHORITIES WITH JURISDICTION IN CRIMINAL PROCEEDINGS

During the implementation of compensation for wrongfully convicted persons caused by authorized persons in criminal proceedings, if there are
internal disputes within the sector, the immediate superior head of the sector shall examine and resolve them; if there are disputes between sectors, the heads of the relevant sectors shall cooperate with each other to examine and resolve them.

If there are disputes between sectors, the immediate superior heads shall cooperate with each other to examine and resolve them. The heads of the central sectors are responsible for resolving all internal disputes within their own sectors and cooperating to examine disputes between sectors. VIII. EFFECTIVENESS OF THE CIRCULAR

During implementation, if there are issues requiring guidance, local sectors shall reflect these issues to their respective higher-level sectors, namely the Ministry of Public Security, Supreme People's Court, Ministry of Justice, Ministry of National Defense, Ministry of Finance, and Supreme People's Procuratorate for timely supplementary guidance.

VIII. ON THE EFFECTIVENESS OF THE CIRCULAR

During implementation, if there are issues requiring guidance, local sector agencies should report them to their superior ministries, namely the Ministry of Public Security, Supreme People's Court, Ministry of Justice, Ministry of National Defense, Ministry of Finance, and the Supreme People's Procuracy for timely supplementary guidance.

This Circular takes effect fifteen days after its publication in the Official Gazette.

During implementation, if there are issues requiring guidance, each sector at the local level shall report to the respective higher-level ministries: the Ministry of Public Security, the Supreme People's Court, the Ministry of Justice, the Ministry of National Defense, the Ministry of Finance, and the Supreme People's Procuracy for supplementary guidance in a timely manner.