Joint Circular No. 01/2004/TTLT-VKSNDTC-BCA-TANDTC-BTP-BQP on guiding the implementation of certain provisions of Resolution No. 388/NQ-UBTVQH11 dated March 17, 2003 regarding compensation for damages to persons who have been wrongfully convicted due to actions by authorized entities in criminal proceedings.

JOINT CIRCULAR

GUIDELINES FOR IMPLEMENTING CERTAIN PROVISIONS OF RESOLUTION NO. 388/NQ-UBTVQH11 DATED MARCH 17, 2003 OF THE STANDING NATIONAL ASSEMBLY ON COMPENSATION FOR DAMAGE TO PERSONS WHO HAVE BEEN WRONGFULLY CONVICTED BY AUTHORIZED AUTHORITIES IN CRIMINAL PROCEDURE ACTIVITIES

REGARDING DAMAGE CAUSED BY AUTHORIZED AUTHORITIES IN CRIMINAL PROCEDURE ACTIVITIES

On March 17, 2003, the Standing National Assembly adopted Resolution No. 388/NQ-UBTVQH11 on compensation for damage to persons who have been wrongfully convicted by authorized authorities in criminal procedure activities (hereinafter referred to as Resolution No. 388);

To implement correctly and uniformly the provisions of the aforementioned Resolution, the Supreme People's Procuracy, the Ministry of Public Security, the Supreme People's Court, the Ministry of Justice, the Ministry of Defense, and the 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 specifies in detail the cases eligible for compensation for damage, however, when implementing the provisions of this Article, attention should be paid to the following:

1.1. Persons temporarily detained as provided for in point a, Clause 1, Article 1 of Resolution No. 388 shall be entitled to compensation for damage if they did not commit any violation of the law and there is a decision by an authorized authority in criminal procedure activities to revoke the temporary detention decision.

Example 1: The Public Security Department of County T temporarily detained Nguyen Van A and 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, so 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.

1.2. Persons temporarily detained who have a decision by an authorized authority 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 of a competent court determining that they did not commit a crime shall be entitled to compensation for damage.

1.3. Persons who were indicted, prosecuted, and tried, if during the course of criminal proceedings they were neither temporarily detained nor temporarily detained and there is a decision by an authorized authority in criminal procedure activities determining that they did not commit a crime, shall be entitled to compensation 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 entitled to compensation for damage according to Resolution No. 388. As for property seized, temporarily detained, 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 Not Entitled to Compensation for Damage

Cases not entitled to compensation for damage are stipulated in Article 2 of Resolution No. 388; it should be noted that the following specific cases also fall under the category of not being entitled to 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 due to the person requesting the indictment withdrawing the request before the opening of the first-instance trial, except in cases where their actions did not constitute a crime;

2.2. Persons who were indicted, prosecuted, and tried correctly based on legal regulations at the time of indictment, prosecution, and trial, but now according to new legal regulations enacted and effective after the date of indictment, prosecution, and trial, 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 there is a decision by an authorized authority in criminal procedure activities determining that although they committed only one crime, they did not commit the other crimes;

2.4. Persons who committed acts violating the law, criminal acts, and were temporarily detained, indicted, temporarily detained, prosecuted, tried, and served sentences, but there is a decision or judgment by an authorized authority in criminal procedure activities revoking such decisions or judgments solely because the conclusion of the forensic medical examination board determined that at the time of committing the act violating the law or criminal act, the person did not have criminal responsibility capacity.

II. DETERMINATION OF DAMAGE AND AMOUNT OF COMPENSATION FOR DAMAGE

1. Damage Caused by Loss of Mental Well-being

1.1. When determining damage caused by loss of mental well-being for persons who have been wrongfully convicted and temporarily detained, temporarily detained, serving a sentence, or released on bail, the following should be noted:

a) The specific number of wrongful days for the wrongfully convicted person must be calculated from the day of the indictment decision until the day the competent authority in criminal procedure activities determines that the person did not commit a crime, including the number of days of temporary detention, temporary detention, serving a sentence, and the number of days of release on bail (including the days of temporary detention before the indictment decision). After determining the number of days of temporary detention, temporary detention, serving a sentence, and the number of days of release 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 that the wrongfully convicted person is entitled to compensation.

Example: On December 1, 2003, M was temporarily detained and indicted; after the three-day temporary detention period, M was temporarily detained. 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 with the reason that M did not commit a crime. In this case, the number of days for which M is entitled to compensation for wrongful conviction is determined as follows:

- Number of days of temporary detention and temporary detention: 31 days of December 2003 + 31 days of January 2004 + 29 days of February 2004 = 91 days.

- Number of days not temporarily detained (released on bail): 20 days (from March 1 to March 20, 2004).

- The number of days of minimum wage for compensation is:

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

b) One day of minimum wage based on the general minimum wage set by the State at the time of compensation is determined by dividing the minimum wage set by the State at the time of compensation by 22, which is the average number of working days per month.

Example: At the time this Circular is issued to resolve compensation, the general minimum wage set by the State is 290,000 VND, therefore one day of minimum wage will be: 290,000 VND ÷ 22 = 13,181 VND.

1.2. When resolving general compensation for a sum of money to compensate for mental distress in cases where the wronged person dies, attention should be paid to:

a) General compensation for a sum of money to compensate for mental distress shall only be resolved if the wronged person died during the period of detention, pre-trial detention, serving a sentence without being due to their own fault or due to force majeure.

b) A sum of money to compensate for mental distress equivalent to three hundred sixty months of minimum wage based on the general minimum wage set by the State at the time of compensation is a general compensation for those closely related to the deceased wronged person including: spouse, parent, foster parent, child, foster child, and the person directly nurturing the wronged person, regardless of the number of people entitled to compensation for mental distress and the duration of detention, pre-trial detention, or serving a sentence. In this case, compensation for damages due to mental distress as stipulated in Clause 1 and Clause 3 of Article 5 of Resolution No. 388 and according to the guidance in Subsection 1.1 Section 1 herein shall not be calculated.

c) If the wronged person died during the period of detention, pre-trial detention, or serving a sentence due to their own fault or due to force majeure, then those closely related to the deceased wronged person including: spouse, parent, foster parent, child, foster child, and the person directly nurturing the wronged person shall not be compensated with a sum of money to compensate for mental distress equivalent to three hundred sixty months of minimum wage based on the general minimum wage set by the State at the time of compensation. In this case, the wronged person shall be compensated for damages due to mental distress as stipulated in Clause 1 and Clause 3 of Article 5 of Resolution No. 388 and according to the guidance in Subsection 1.1 Section 1 herein.

1.3. Damages due to mental distress are compensated independently from the damages stipulated in Articles 6, 7, 8, and 9 of Resolution No. 388.

2. Material damages

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 that are appropriate to 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 support of the wronged person before death as stipulated in Clause 1 of Article 6 of Resolution No. 388 include: fees for transportation to take the wronged person to emergency medical facilities; drug and medical equipment purchase costs; costs for X-rays, CT scans, ultrasounds, laboratory tests, surgery, blood transfusions as prescribed by doctors; hospital fees; costs for nutritional supplements and health recovery for the wronged person as prescribed by doctors; other actual necessary expenses before the death of the wronged person (if any).

b) Reasonable expenses for the burial of the deceased wronged person as stipulated in Clause 2 of Article 6 of Resolution No. 388 include: costs for coffins, incense, flowers, candles, shrouds, funeral vehicles, and other expenses for the burial or cremation of the deceased wronged person according to common practice. Claims for compensation for sacrificial offerings, religious rituals, lavish meals, tomb construction, exhumation... are not accepted.

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

2.2. The wronged person or their relatives are entitled to compensation for material damages as guided in subsection 2.1 section 2 herein if they have paid these reasonable expenses. In cases where state agencies have paid all or part of these expenses, they shall not be compensated for the expenses already paid by the state agencies.

2.3. Reasonable expenses and actual income losses of caregivers of the wronged person during treatment as stipulated in Clause 2 of Article 7 of Resolution No. 388 are determined as follows:

a) Reasonable expenses for caregivers of the wronged person during treatment include travel and accommodation expenses for one of the relatives of the wronged person who is required to stay due to necessity or as requested by the medical facility.

b) Actual income losses of caregivers of the wronged person during treatment are determined as follows:

- If the caregiver of the wronged person has stable income from salary within the staff roster or wages from labor contracts, the actual income loss is based on the salary or wage level of the month immediately preceding when the caregiver had to attend to the wronged person.

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

- If the caregiver of the wronged person is unemployed or has months with work and months without work, thus having no stable monthly income, they are entitled to care wages equivalent to the general minimum wage set by the State at the time of care.

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

2.4. A wrongfully accused person who has lost their ability to work and requires continuous 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 agencies. The reasonable costs for continuous care for a wrongfully accused person who has lost their ability to work, as stipulated in Clause 3 of Article 7 of Resolution No. 388, shall be calculated based on the average wage paid locally for caring for a disabled person where the wrongfully accused resides.

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

a) A wrongfully accused person (including those who have died) shall only be compensated for the actual income loss during the time they were detained, imprisoned, or serving a criminal sentence, if they had stable income.

b) Actual stable income loss of a wrongfully accused person shall be determined as follows:

- If before being detained, imprisoned, or serving a criminal sentence, the wrongfully accused person had stable income from salary within the payroll or remuneration from a labor contract, then the amount of salary or remuneration of the month immediately preceding their detention, imprisonment, or serving a criminal sentence shall serve as the basis to determine the actual income loss;

- If before being detained, imprisoned, or serving a criminal sentence, the wrongfully accused person was working and had stable monthly income but with varying levels of income, then the average income of the six months immediately preceding their detention, imprisonment, or serving a criminal sentence shall serve as the basis to determine the actual income loss.

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

d) During the period of detention or imprisonment, if the wrongfully accused person continues to receive wages or remuneration for labor from the agency or employer in accordance with the provisions of labor laws and social insurance, they shall not be entitled to receive corresponding compensation.

2.6. Compensation for maintenance payments shall only be provided 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 being detained, imprisoned, or serving a criminal sentence, the wrongfully accused person was actually fulfilling maintenance obligations, but during the period of detention, imprisonment, or serving a criminal sentence, they died or suffered health damage leading to loss of working capacity. Individuals receiving maintenance 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 WRONGFULLY ACCUSED PERSONS

1. Compensation for damages must be resolved promptly, openly, and in accordance with the law. Damages that a wrongfully accused person or their relatives are entitled to compensation for under 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 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 they are entitled to receive it.

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

2.1. An agency that issued an arrest warrant or detention order with approval from the Prosecutor's Office, but continued to detain or imprison beyond the approved period without a new warrant or order, or even though there was a warrant or order, it was not approved by the Prosecutor's Office, shall be responsible for full compensation for all damages in the event the detention or imprisonment is revoked because the detainee did not commit a violation of the law or the imprisonment is revoked because the prisoner did not commit a crime, except for damages caused by property infringement.

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

Example 1: The Investigative Agency concluded an investigation recommending prosecution by the Prosecutor's Office for multiple offenses, but the Prosecutor's Office only prosecuted for one offense, and when the trial court acquitted the defendant of all charges because they did not commit a crime, 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 indicted the defendant for multiple offenses, but the trial court only tried and convicted the defendant of one offense, and when the appellate court acquitted the defendant of all charges because they did not commit a crime, the trial 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 trial court issues a decision to detain the defendant (or accused) to complete the trial, but at the trial, the court acquits the defendant of all charges and dismisses the case because they did not commit a crime, and the judgment becomes legally effective, the Prosecutor's Office issuing the indictment shall be responsible for full compensation for all damages, except for damages caused by property infringement.

2.4. If after accepting the case, the appellate court issues a decision to detain the defendant to complete the appellate trial, but at the appellate trial, the appellate court revokes the trial court's judgment, acquits the defendant of all charges, and dismisses the case because they did not commit a crime, the trial court shall be responsible for full compensation for all damages, except for damages caused by property infringement.

2.5. For property of individuals falling under the cases stipulated in Clause 1, Article 1 of Resolution No. 388 that have been seized, temporarily detained, attached, or confiscated and suffered damage, the agency issuing the decision to seize, temporarily detain, attach, or confiscate such property shall be responsible for compensation.

IV. ISSUING AND DELIVERING DECISIONS AND JUDGMENTS

1. A decision determining that a person under temporary detention did not commit a violation of the law; decisions and judgments determining that a person under prosecution, temporary detention, or serving a prison sentence did not commit a crime must be issued or delivered to those entitled to compensation and the agencies responsible for compensation as prescribed by Resolution No. 388 and the Circular herein.

2. The issuance and delivery of decisions determining that a person under temporary detention did not commit a violation of the law; decisions and judgments determining that a person under prosecution, temporary detention, or serving a prison sentence did not commit a crime 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 is ten days from the date of issuance of the decision or judgment.

3. In cases where a decision determining that a person under temporary detention did not commit a violation of the law; decisions and judgments determining that a person under prosecution, temporary detention, or serving a prison sentence did not commit a crime are subject to appeal, request, or demand for reconsideration by the competent authority, such authority must promptly examine and resolve within thirty days from the date of receipt of the appeal, request, or demand, and notify the result of resolution to the person who made the appeal, request, or demand. If the competent authority upholds the decision or judgment, compensation for damages must be immediately implemented.

V. REGARDING PROCEDURES FOR RESTORATION OF REPUTATION, CLAIMS FOR COMPENSATION FOR DAMAGES, JURISDICTION, AND PROCEDURES FOR RESOLUTION
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 lawful 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 inform 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 on a central newspaper (People's Army Newspaper or People's Newspaper) and a local newspaper (newspaper of the provincial Party Committee or municipal Party Committee directly under the Central Government) for three consecutive issues, except when the wrongfully accused person or their lawful representatives request not to publish in newspapers.

2. Procedures for claiming compensation for damages

2.1. The wrongfully accused person, their relatives, or their lawful representatives, as stipulated in Clause 2, 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 damages claimed, the amount of compensation as the basis for negotiation, and other contents according to Form No. 01a, 01b attached to this Joint Circular. Accompanying the claim must be the following documents:

a) Decisions or judgments that have become legally effective determining the wrongful accusation of the person;

b) A certified 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 by 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 prison sentence.

The agency responsible for compensating damages must accept the claim and accompanying documents and record them in the claim book. Within thirty days from the date of receipt of the claim, the head of the agency responsible for compensating damages must personally or authorize another person to 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, it is necessary to request them to appoint a 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 the authorized representative must conduct negotiations on compensation for damages at the agency's headquarters. During negotiations, all items of damages claimed in the claim, accompanying documents, and materials must be considered. Based on the items of damages to be compensated as prescribed in 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 Joint Circular, negotiations must be conducted regarding which items of damages will be compensated and the amount of compensation.

2.4. During negotiations, a record must be made documenting the entire process of negotiations. In cases where negotiations are successful, the head of the agency responsible for compensating damages must issue a decision on compensation for damages no later than seven days from the date of completion of the successful negotiation record. The decision on compensation for damages must clearly state the amounts of money to be compensated for damages and the person entitled to compensation for damages as recorded in the successful negotiation record (according to Form No. 03a, 03b attached to this Joint Circular).

3. Jurisdiction and procedures for resolving claims for compensation for damages at court

3.1. The person who was wrongfully convicted, the relatives of the person who was wrongfully convicted, or their lawful representative have the right to request the competent court to resolve compensation for damages within thirty days from the date:

a) Thirty days have elapsed since the responsible agency for compensating damages received the claim for compensation but did not initiate negotiations;

b) A record of unsuccessful negotiation is established.

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

VI. ON EXPENSES AND PAYMENT OF COMPENSATION FOR DAMAGES

1. Budget for expenses for compensation for damages

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

2. Procedure for payment of compensation for damages

2.1. Immediately upon issuance of the decision on compensation for damages in cases of successful negotiation or when there is a judgment or decision of the court regarding compensation for damages that has taken legal effect, the responsible agency for compensating damages must submit a written request for compensation to the central supervisory agency for review and consolidation and to request the Ministry of Finance to allocate funds for compensation. The document must include detailed information about the person entitled to compensation, specific amounts of compensation for each type of damage, and the total amount requested from the Ministry of Finance for the purpose of compensation.

Accompanying this document must be the following documents:

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

b) The decision of the responsible agency for compensating damages in cases of successful negotiation or the judgment or decision of the court regarding compensation for damages 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 stipulated in point 2.1, the Ministry of Finance shall allocate funds to the responsible agency for compensating damages to implement compensation for the person who was wrongfully convicted or their relatives in accordance with the law on the state budget.

2.3. After receiving the funds allocated by the Ministry of Finance, the responsible agency for compensating damages must immediately carry out the payment of compensation to the person who was wrongfully convicted or their relatives in accordance with the law on the state budget.

3. Settlement of expenses for compensation for damages

At the end of the fiscal year, the agencies responsible for compensating damages for persons who were wrongfully convicted shall prepare a settlement report on the expenses paid for compensation and report to the central supervisory agency.

The central supervisory agency shall consolidate the settlement of expenses for compensation for damages throughout the sector and settle with the Ministry of Finance according to the law on the state budget.

The Ministry of Finance shall consolidate the settlement of expenses for compensation for damages for persons who were wrongfully convicted caused by those authorized in criminal proceedings and incorporate it into the overall settlement of the state budget to be reported to the National Assembly according to the law on the state budget.

VII. SETTLEMENT OF DISPUTES REGARDING LIABILITY FOR COMPENSATION FOR DAMAGES BETWEEN AUTHORITIES AUTHORIZED IN CRIMINAL PROCEEDINGS
IN THE COURSE OF IMPLEMENTATION

During the process of implementing compensation for damages for persons who were wrongfully convicted caused by those authorized in criminal proceedings, if there are internal disputes within the sector, then the head of the immediate superior authority 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 heads of the immediate superior authorities 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

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

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