Joint Circular No. 01/2012/TTLT-TANDTC-VKSNDTC-BTP guiding the implementation of the State's liability for compensation in civil proceedings and administrative proceedings.

JOINT CIRCULAR

Guidelines for Implementing State Compensation Liability

in civil proceedings and administrative proceedings

_________________

Pursuant to the State Compensation Law which was adopted at the fifth session of the XIIth National Assembly on June 18, 2009;

The Supreme People's Court, the Supreme People's Procuracy, and the Ministry of Justice hereby unify the guidance for implementing the State’s compensation responsibility in civil proceedings and administrative proceedings as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides the implementation of certain provisions of the State Compensation Law (hereinafter referred to as the "Compensation Law") regarding the State’s liability for compensation to persons who have suffered material losses or mental harm caused by unlawful acts of those conducting proceedings before the courts (hereinafter collectively referred to as "the person conducting proceedings") during the conduct of civil proceedings and administrative proceedings.

Article 2. Cases where the court has the responsibility to compensate

The court shall be responsible for compensating in civil proceedings and administrative proceedings in the following cases:

1. Applying provisional measures (hereinafter referred to as "PMPT") in civil proceedings and administrative proceedings (in the cases provided for in Clauses 1, 2, and 3 of Article 28 of the Compensation Law)

a) Applying PMPT in civil proceedings

a1) The person conducting proceedings issues a decision to apply PMPT without falling under any of the cases stipulated in Clauses 1, 2, 3, 4, and 5 of Article 102 of the Civil Procedure Code No. 24/2004/QH11 dated June 15, 2004, as amended and supplemented by the Law Amending and Supplementing Certain Articles of the Civil Procedure Code No. 65/2011/QH12 dated March 29, 2011 (hereinafter referred to as the "Civil Procedure Code").

Example: During the process of resolving a civil case, the plaintiff did not file a request with the court to apply PMPT pursuant to Clause 9 of Article 102 and Article 111 of the Civil Procedure Code concerning the sale of frozen food goods that were in dispute and currently held by the defendant. However, the court issued a decision to apply PMPT compelling the defendant to immediately sell these goods on the market. Subsequently, the party filed a complaint requesting the court to revoke the application of PMPT mentioned above. The competent court issued a decision revoking the application of PMPT. In this case, if the party files a claim for compensation and there is actual damage incurred due to the court's application of PMPT, then the court shall be responsible for considering the resolution of compensation for the person suffering damage.

a2) The person conducting proceedings issues a decision to apply PMPT under any of the cases stipulated in Clauses 1, 2, 3, 4, and 5 of Article 102 of the Civil Procedure Code when they do not meet the conditions prescribed in Articles 103, 104, 105, 106, and 107 of the Civil Procedure Code and the guidance provided in Section 3 of Resolution No. 02/2005/NQ-HĐTP dated April 27, 2005 of the Supreme People's Court Council guiding the implementation of certain provisions in Chapter VIII "Provisional Measures" of the Civil Procedure Code.

a3) The person conducting proceedings issues a decision to apply PMPT different from the PMPT requested by the individual, agency, or organization.

Example: During the process of resolving a civil case, the plaintiff filed a request with the court to apply PMPT pursuant to Clause 8 of Article 102 and Article 110 of the Civil Procedure Code concerning the prohibition of changing the status quo of disputed property. However, the court applied PMPT to seize the disputed property pursuant to Clause 6 of Article 102 and Article 108 of the Civil Procedure Code. The party filed a complaint requesting the revocation of the court's decision to apply PMPT mentioned above, and the competent court issued a decision revoking the application of PMPT. In this case, if the party files a claim for compensation and there is actual damage incurred due to the court's application of PMPT, then the court shall be responsible for considering the resolution of compensation for the person suffering damage.

a4) The person conducting proceedings issues a decision to apply PMPT exceeding the request for PMPT made by the individual, agency, or organization.

Example: Company A filed a request with the court to apply PMPT pursuant to Clause 10 of Article 102 and Article 112 of the Civil Procedure Code concerning the freezing of five hundred million dong in the account of Company B at Bank Z. However, the court issued a decision to apply PMPT to freeze the entire ten billion dong account of Company B at Bank Z. Company B filed a complaint against the court's decision to apply PMPT, and the competent court issued a decision revoking the decision to apply PMPT mentioned above.

In this case, if the person suffering damage files a claim for compensation and there is actual damage incurred due to the court's application of PMPT exceeding the request of the applicant, then the court shall be responsible for considering the resolution of compensation for the person suffering damage.

b) Applying PMPT in administrative proceedings

b1) The person conducting proceedings issues a decision to apply PMPT without a request from the applicant.

b2) The person conducting proceedings applies PMPT not in accordance with the request of the party.

Example: The Provincial People's Committee N issued a decision granting a land use certificate for 1000 hectares of land to Company A for the construction of a new urban area. While Company A was constructing the urban area, residents surrounding the construction site initiated an administrative lawsuit against the decision of the Provincial People's Committee N to grant the land use certificate to Company A, arguing that the decision was illegal and the compensation for land clearance was inadequate. Along with the lawsuit, the residents requested the court to apply PMPT compelling Company A to temporarily halt construction in part of the urban area adjacent to where the residents live. However, the court issued a decision to apply PMPT compelling Company A to temporarily halt all construction of the urban area. Company A filed a complaint requesting the court to revoke the application of PMPT mentioned above. The competent court issued a decision revoking the application of PMPT. In this case, if Company A files a claim for compensation and there is actual damage incurred due to the court's application of PMPT, then the court shall be responsible for considering the resolution of compensation for the person suffering damage.

2. Issuing a judgment or decision while knowing it to be contrary to the law or intentionally distorting the case file (as provided for in Clause 4, Article 28 of the Civil Procedure Code) when both of the following conditions are met:

a) The civil case judgment or administrative case decision has been annulled through cassation or reexamination proceedings;

b) There is a document identifying the unlawful act as prescribed in Clause 2, Article 3 of this Joint Circular.

Article 3. Documents Identifying Unlawful Acts of Persons Who Conducted Proceedings

1. The document identifying the unlawful act of a person who issued a decision on the application of provisional measures (in cases stipulated in Clauses 1, 2, and 3, Article 28 of the Civil Procedure Code and guided in Clause 1, Article 2 of this Joint Circular) shall be the final decision on complaints or suggestions resolved by the President of the Court with jurisdiction or the Trial Panel as provided for in Article 125 of the Civil Procedure Code or Article 71 of the Administrative Procedure Code.

2. The document identifying the unlawful act of a person who issued a judgment or decision while knowing it to be contrary to the law or intentionally distorting the case file (as provided for in Clause 4, Article 28 of the Civil Procedure Code and guided in Clause 2, Article 2 of this Joint Circular) shall be one of the following documents:

a) A criminal judgment of the Court that has taken legal effect determining that the person who conducted the proceedings committed the crime of issuing a judgment contrary to the law, the crime of issuing a decision contrary to the law, or the crime of distorting the case file;

b) Decisions including the Decision to Terminate Investigation by the Investigative Agency as provided for in Point a, Clause 2, Article 164 of the Criminal Procedure Code, the Decision to Terminate the Case by the Prosecution Office as provided for in Clause 1, Article 169 of the Criminal Procedure Code, and the Decision to Terminate the Case by the Court as provided for in Article 180 of the Criminal Procedure Code because the person who conducted the proceedings issued a judgment or decision while knowing it to be contrary to the law or intentionally distorting the case file and was exempted from criminal responsibility under Article 25 of the Criminal Code;

c) The decision resolving complaints or the conclusion on the content of the accusation by the President of the Court determining that the person who conducted the proceedings had the act of issuing a judgment while knowing it to be contrary to the law or issuing a decision while knowing it to be contrary to the law or intentionally distorting the case file, in the case where the person who conducted the proceedings has not been prosecuted or is currently being investigated, prosecuted, or tried for these acts and then died;

d) The disciplinary decision against public officials for the act of issuing a judgment while knowing it to be contrary to the law or issuing a decision while knowing it to be contrary to the law or intentionally distorting the case file, in the case where the person who conducted the proceedings is not criminally pursued for these acts.

Article 4. Procedures for Issuing Documents Identifying Unlawful Acts of Persons Who Conducted Proceedings as Provided for in Point c, Clause 2, Article 3 of this Joint Circular

1. In the case where the person suffering damage believes that they have suffered damage due to the act of issuing a judgment while knowing it to be contrary to the law or issuing a decision while knowing it to be contrary to the law or intentionally distorting the case file of a person who conducted the proceedings but the person who conducted the proceedings has not been prosecuted or is currently undergoing investigation, prosecution, or trial for these acts and then died, the person suffering damage has the right to complain or report to the President of the Court managing the person who conducted the proceedings.

2. Within ten days from the date of receipt of the complaint or report document of the complainant or reporter, if the President of the Court managing the person who conducted the proceedings finds that the complaint or report of the complainant or reporter is based on grounds, he/she shall issue a decision to establish an Advisory Board consisting of at least three members to assist the President in examining the act of issuing a judgment while knowing it to be contrary to the law or issuing a decision while knowing it to be contrary to the law or intentionally distorting the case file of the person who conducted the proceedings complained about or reported.

The decision to establish the Advisory Board is issued according to Model No. 01 attached to this Joint Circular.

Members of the Advisory Board must meet the conditions as guided in Points b and c, Clause 2, Article 12 of this Joint Circular.

3. The Advisory Board is responsible for researching and examining whether there is an act of issuing a judgment while knowing it to be contrary to the law or issuing a decision while knowing it to be contrary to the law or intentionally distorting the case file of the person who conducted the proceedings complained about or reported. The opinion of the Advisory Board is recorded in a document signed by each member of the Advisory Board. In the case where the members of the Advisory Board have different opinions, the report to the President must clearly record the opinion of each member.

4. Based on the report of the Advisory Board, within thirty days from the date of issuance of the decision to establish the Advisory Board, the President of the Court examines and issues a decision to resolve complaints or concludes the content of the report, determining whether there is an act of issuing a judgment while knowing it to be contrary to the law or issuing a decision while knowing it to be contrary to the law or intentionally distorting the case file of the person who conducted the proceedings complained about or reported.

The President of the Court issues the decision to resolve complaints according to Model No. 02 and the conclusion on the content of the report according to Model No. 03 attached to this Joint Circular. This decision to resolve complaints and the conclusion on the content of the report must be immediately sent to the complainant or reporter and the person who conducted the proceedings complained about or reported.

5. Within fifteen days from the date of receiving the decision on complaint resolution or the conclusion on the content of the accusation issued by the President of the People's Court at the provincial level or the President of the People's Court at the district level, the complainant or accuser and the person who conducted the proceedings complained about or accused has the right to file a complaint with the President of the higher-level People's Court directly above the People's Court that issued the decision on complaint resolution or the conclusion on the content of the accusation. Within fifteen days from the date of receiving the complaint from the complainant or accuser or the person who conducted the proceedings complained about or accused, the President of the higher-level People's Court must issue a decision on complaint resolution. The decision of the President of the higher-level People's Court is the final decision and must be immediately sent to the complainant or accuser, the person who conducted the proceedings complained about or accused, and the People's Court that issued the decision on complaint resolution or the conclusion on the content of the accusation.

For the decision on complaint resolution or the conclusion on the content of the accusation issued by the President of the Supreme People's Court resolving complaints or accusations regarding the issuance of judgments known to be contrary to the law or decisions known to be contrary to the law or intentionally distorting case files by persons conducting proceedings under the Supreme People's Court, the decision on complaint resolution or the conclusion on the content of the accusation of the President of the Supreme People's Court is the final decision.

Article 5. Statute of Limitations for Compensation Claims

1. For compensation claims in cases prescribed in Clauses 1, 2, and 3 of Article 28 of the Civil Compensation Law, the statute of limitations for compensation claims is two years, counted from the date the President of the competent People's Court or the Bench issues a document determining the unlawful act of the person conducting proceedings as stipulated in Clause 1 of this Joint Circular.

2. For compensation claims in cases prescribed in Clause 4 of Article 28 of the Civil Compensation Law, the statute of limitations for compensation claims is two years, counted from the date the document determining the unlawful act as prescribed in Clause 2 of Article 3 of this Joint Circular is issued.

In cases where the document determining the unlawful act is a criminal judgment or decision of the competent People's Court determining that the person conducting proceedings committed the crime of issuing a judgment contrary to the law or the crime of issuing a decision contrary to the law or the crime of intentionally distorting case files, the statute of limitations for compensation claims is two years, counted from the date such criminal judgment or decision becomes legally effective.

Article 6. Responsibility for Reporting on Compensation Resolution

1. After implementing the resolution of compensation for damages caused by the unlawful acts of persons conducting proceedings in civil litigation and administrative litigation, the People's Court responsible for compensation in litigation activities shall send the decision on compensation resolution and report to the higher-level People's Court directly above and the Supreme People's Court on the following contents to serve state management work on compensation:

a) Accepting the claim for compensation;

b) Issuing the decision on compensation resolution;

c) The person suffering damage initiating a lawsuit requesting the People's Court to resolve disputes over state compensation;

d) Implementing the payment procedure for compensation;

e) Implementing the responsibility for repayment of the person conducting proceedings.

Attached to the report must be copies of relevant documents related to the compensation resolution.

2. After resolving civil litigation and administrative litigation disputes over state compensation, the People's Court that resolved the dispute shall send the judgment or decision with legal effect to the higher-level People's Court directly above and the Supreme People's Court to serve state management work on compensation in civil litigation and administrative litigation.

3. Every six months and annually, the People's Courts of provinces and centrally-administered cities have the responsibility to compile and report to the Supreme People's Court on the work of resolving compensation in civil litigation and administrative litigation of local-level courts.

Chapter II

DETERMINATION OF COMPENSABLE DAMAGE

Article 7. Damage caused by infringement of property

1. Damage caused by infringement of property shall be determined in accordance with Article 45 of the Civil Code. In cases where the infringed property is land use rights, houses, construction works, and other assets attached to land, the compensation for damage shall also be determined in accordance with Article 45 of the Civil Code and relevant laws.

2. The period for calculating interest on amounts specified in Clause 4 of Article 45 of the Civil Code shall be calculated from the date such amounts are deposited into the state budget pursuant to the decision of the competent state agency, confiscated, enforced, or placed as security at the authorized agency (seized disputed assets, frozen accounts, etc.) until the date of issuance of the court's decision on compensation resolution or the judgment, decision of the court regarding the resolution of civil compensation disputes.

Article 8. Damage caused by actual income loss or reduction

1. Damage caused by actual income loss or reduction of individuals

Actual income of individuals as stipulated in Article 46 of the Civil Code shall be determined as follows:

In cases where the individual had stable income from salary within the establishment or wages from labor contracts prior to the occurrence of damage, the amount of salary or wages of the month immediately preceding the occurrence of damage shall serve as the basis for determining the actual income.

In cases where the individual had employment and monthly income but not stable prior to the occurrence of damage, the average income of the three months immediately preceding the time of damage shall serve as the basis for determining the actual income.

In cases where the individual was a farmer, fisherman, salt worker, forest grower, hired worker, small trader, artisan, or other worker with income but seasonal or unstable prior to the occurrence of damage, the average income of workers of the same type in the locality shall be taken as the basis for determining the actual income; if the average income cannot be determined, the minimum wage for state agencies at the time of compensation resolution shall serve as the basis for determining the actual income.

2. Damage caused by actual income loss or reduction of organizations

Damage caused by actual income loss or reduction of organizations as stipulated in Article 46 of the Civil Code shall be determined based on the average income of two consecutive years prior to the time of damage and shall be determined according to the organization's legally valid financial reports; in cases where there are no financial reports, the organization may prove the actual income loss or reduction through other legal documents and evidence as prescribed by relevant laws.

In cases where the organization has been established for less than two years up to the time of damage, the actual income of the organization shall be determined based on the average income during the actual period of operation of the organization.

Chapter III

PROCEDURE FOR SETTLING COMPENSATION

Article 9. Right to claim compensation for damage

The person suffering damage has the right to request the court responsible for compensation to resolve the compensation matter when there is a document identifying the illegal act of the person conducting litigation as provided for in Article 3 of this Joint Circular.

Article 10. Claim Compensation File

1. The claim compensation file includes the following documents:

a) A claim compensation request form according to Form No. 04a or Form No. 04b issued together with this Circular;

b) Supporting documents and evidence including:

b1) In cases where compensation claims are made pursuant to Articles 28(1), 28(2), and 28(3) of the Civil Compensation Law, the claim compensation file must include one of the documents specified in Article 3(1) of this Joint Circular.

b2) In cases where compensation claims are made pursuant to Article 28(4) of the Civil Compensation Law, the claim compensation file must include one of the documents specified in Article 3(2) of this Joint Circular and a supervisory decision or a retrial decision revoking a judgment or decision that contravenes the law, issued by the person who conducted the litigation.

b3) Relevant supporting documents and evidence related to the compensation claim such as income certificates, damage certificates, etc.

2. In cases where due to objective reasons, the claimant cannot immediately submit all required supporting documents and evidence as stipulated in point b of Clause 1 of this Article, the claimant must supplement them upon the court's request during the compensation resolution process.

If the claimant has taken necessary measures to collect supporting documents and evidence but still cannot collect them on their own, they may request the court to collect supporting documents and evidence to ensure the proper resolution of the compensation claim.

Article 11. Submission and Acceptance of Claim Compensation Requests

1. The claimant submits one set of the claim compensation file to the court responsible for compensation through one of the following methods:

a) Submitting directly at the court.

b) Sending to the court via postal service.

2. Upon receiving the claim compensation file, the court must check and determine the validity of the request and accompanying documents and evidence; if the file is incomplete, the court must notify the claimant in writing within 15 days from the date of receipt of the court's notification to amend and supplement the file.

3. Within five working days from the date of receipt of the valid claim compensation request and accompanying documents and evidence, if the court determines that the compensation claim falls within its jurisdiction, it must accept the file and notify the claimant and the person who conducted the litigation causing the damage according to Form No. 05 issued together with this Joint Circular.

If the court accepts the claim compensation file and later finds that it does not fall within its jurisdiction for compensation, it must return the claim compensation file according to Form No. 06 issued together with this Joint Circular and guide the claimant to submit the request to the court responsible for resolving the matter.

Article 12. Assignment of Staff to Resolve Compensation Claims

1. Immediately after accepting the claim compensation request, the Chief Justice of the court responsible for compensation must issue a decision assigning a representative to handle the compensation resolution (hereinafter referred to as the representative) according to Form No. 07 issued together with this Joint Circular.

If the Chief Justice of the court is the person who conducted the litigation causing the damage, or a relative of the person who conducted the litigation causing the damage, or a relative of the person suffering the damage, then the court leadership team must discuss and agree to assign a staff member to be responsible for handling the compensation resolution.

A relative of the person who conducted the litigation or of the person suffering the damage is a spouse (or partner), paternal grandfather, paternal grandmother, maternal grandfather, maternal grandmother, biological father, adopted father, biological mother, adopted mother (from either side of the family), biological child, adopted child, full brother, full sister, nephew, niece, son-in-law, daughter-in-law, sworn brother or sister, in-laws, work relationship, economic relationship, etc., with the person who conducted the litigation or the person suffering the damage, provided there is clear evidence proving a close personal relationship between them in daily life.

2. The representative must meet the following conditions:

a) For district courts, the representative is the Chief Justice or Deputy Chief Justice of the District People's Court; for provincial courts, the representative is a leader at the department level or higher; for the Supreme People's Court, the representative is a leader at the bureau level or higher;

b) Have experience working in the field or sector where the compensation liability arises;

c) Not be a relative of the person who conducted the litigation causing the damage or of the person suffering the damage.

3. In cases where there is no representative meeting the conditions specified in point a of Clause 2 of this Article, the court responsible for compensation must appoint one Judge to represent and resolve the compensation claim.

Article 13. Verification of Damage

1. Within five working days from the date of accepting the claim for compensation, the representative must organize the verification of damage. The verification period for damage is twenty days from the date of accepting the claim for compensation; in cases with many complex circumstances or requiring verification at multiple locations, the verification period may be extended but not exceeding forty days from the date of accepting the claim for compensation.

2. The verification of damage shall be carried out in accordance with Article 18 of the Law on State Compensation for Civil Wrongs. In cases where it is necessary to conduct asset valuation or damage assessment to determine asset damage, the Court shall be responsible for resolving compensation in accordance with the provisions of Articles 90 and 92 of the Civil Procedure Code and related legal documents. Valuation and assessment costs shall be implemented in accordance with the Law on Assessment and Valuation Costs; costs for witnesses and interpreters in proceedings shall be guaranteed from the state budget.

Article 14. Negotiation on Compensation

Negotiation on compensation shall be carried out in accordance with Article 19 of the Law on State Compensation for Civil Wrongs. The negotiation record on damage compensation shall be conducted according to Model No. 08 issued together with this Circular.

Article 15. Issuance of Decision on Compensation Resolution

Immediately after the negotiation ends, the representative must complete the draft decision on compensation resolution to report to the Chief Judge of the Court responsible for compensation.

Based on the results of damage verification, the results of negotiations with the damaged party, and the opinions of relevant agencies (if any), the Court responsible for compensation shall issue the decision on compensation resolution in accordance with Article 20 of the Law on State Compensation for Civil Wrongs. The decision on compensation resolution shall be issued according to Model No. 09 issued together with this Circular.

The effect of the decision on compensation resolution shall be determined in accordance with Article 21 of the Law on State Compensation for Civil Wrongs.

Article 16. Transfer of Decision on Compensation Resolution

1. The decision on compensation resolution must be sent to the damaged party, the superior court directly above the Court responsible for compensation, the Supreme People's Court, and the person who conducted litigation with unlawful acts causing damage.

2. The transfer of the decision on compensation resolution to the damaged party shall be carried out in accordance with Article 10 of Decree No. 16/2010/NĐ-CP dated March 3, 2010 of the Government detailing and guiding the implementation of certain provisions of the Law on State Compensation for Civil Wrongs.

3. The decision on compensation resolution shall be sent to the superior court of the Court responsible for compensation and the Supreme People's Court along with a report on the compensation resolution in accordance with Clause 1, Article 6 of this Joint Circular.

Article 17. Initiating Lawsuit Requesting the Court to Resolve Disputes on State Compensation The damaged party has the right to initiate a lawsuit requesting the Court to resolve disputes on state compensation in the following cases:

1. The damaged party disagrees with the decision on compensation resolution issued by the Court responsible for compensation in accordance with Clause 1, Article 20 of the Law on State Compensation for Civil Wrongs.

2. After the time limit specified in Clause 1, Article 22 of the Law on State Compensation for Civil Wrongs, the Court responsible for compensation does not issue a decision on compensation resolution.

Article 18. Competence to settle disputes on state compensation

1. The court with competence to settle disputes on state compensation is the People's Court at district level as provided for in Clause 1, Article 23 of the Civil Compensation Law.

2. In cases where the People's Court at district level as provided for in Clause 1, Article 23 of the Civil Compensation Law is the court responsible for compensation, the People's Court at district level shall report to the higher-level People's Court directly above it so that such higher-level People's Court may take over the case for trial according to the first instance procedure.

Article 19. Procedure for settling disputes on state compensation

The procedure for settling disputes on state compensation before the court shall be carried out in accordance with the provisions of civil procedural law.

Article 20. Payment of compensation

Based on the decision on compensation which has taken legal effect issued by the court responsible for compensation or the judgment or decision which has taken legal effect issued by the court settling the dispute on state compensation, the court responsible for compensation shall implement the payment of compensation money to the person suffering loss in accordance with Chapter VI of the Civil Compensation Law and guiding documents for implementation.

Chapter IV

PROCEDURE FOR IMPLEMENTING THE OBLIGATION TO REIMBURSE

OF THE PERSON WHO HAS CONDUCTED PROCEEDINGS

Article 21. Establishment of the Review Board for Reimbursement Liability

1. Within twenty days from the date of completion of the payment of compensation money, the President of the court responsible for compensation must issue a decision to establish the Review Board for Reimbursement Liability (hereinafter referred to as the Board) in accordance with Model No. 10 attached hereto.

Where the President of the court is the person who conducted proceedings causing damage, the leadership collective of the court responsible for compensation must discuss and agree to issue a decision to establish the Board.

2. Composition of the Council includes:

a) The Chairman of the Board is the President of the court responsible for compensation.

Where the President of the court is the person who conducted proceedings causing damage or a relative of the person who conducted proceedings causing damage or of the person suffering damage, the leadership collective of the court responsible for compensation must discuss and agree to appoint a Vice-President as the Chairman of the Board;

b) A representative of the trade union organization of the court responsible for compensation;

c) A representative of the organizational unit and staff of the agency managing the person who conducted proceedings causing damage;

d) The person in charge of financial-accounting work of the court responsible for compensation;

đ) An expert in economics, technology, and related legal fields.

Where there are multiple persons who conducted proceedings in different courts causing damage, representatives of the leadership of these courts must participate in the Board.

Members of the Board shall not be relatives of the person who conducted proceedings causing damage or of the person suffering damage.

Article 22. Duties and powers of the Board

The Board has the following duties and powers:

1. Examining and assessing the extent of damage suffered by the person suffering damage and the degree of fault of each person who conducted proceedings causing damage;

2. Determining the economic conditions of each person who conducted proceedings causing damage;

3. Advising the President of the court responsible for compensation or the President of the higher-level court directly above if the President of the court responsible for compensation is the person causing damage on the amount and method of reimbursement for each person causing damage;

4. The Board shall dissolve itself upon completion of its tasks.

Article 23. Issuing the decision to repay

1. Within thirty days from the date when the compensation payment has been completed, the President of the Court responsible for compensation shall, based on the recommendation of the Council, issue the repayment decision according to Model No. 11 attached to this Joint Circular.

In case the President of the Court who conducted the litigation causing damage is the person who caused the damage, the President of the higher court directly having jurisdiction shall issue the repayment decision.

2. In case the person authorized to issue the repayment decision disagrees with the recommendation of the Council, they have the right to make their own decision and bear responsibility under the law for that decision.

Article 24. Collection, submission, management, and use of repayment funds

1. The person obligated to repay must fulfill the repayment within the time limit, amount, and method specified in the repayment decision.

2. In case there is one of the documents prescribed in points a and b, Clause 2, Article 3 of this Joint Circular determining the illegal act of the person who conducted the litigation, then the person who conducted the litigation is obligated to repay the entire amount of money that the State has compensated to the person suffering losses.

3. In case there is one of the documents prescribed in Clause 1, and points c and d, Clause 2, Article 3 of this Joint Circular determining the illegal act of the person who conducted the litigation, the determination of the repayment amount of the person who conducted the litigation with illegal acts shall be carried out in accordance with the provisions of Article 57 of the Civil Compensation Law and Article 16 of Decree No. 16/2010/NĐ-CP dated March 3, 2010 of the Government detailing and guiding the implementation of some articles of the Civil Compensation Law.

4. The Court responsible for compensation must collect and submit the full amount of the repayment funds to the state budget in a timely manner in accordance with the provisions of the Civil Compensation Law and the guiding documents.

Article 25. Handling the person who did not fulfill the obligation to repay

1. If the person obligated to repay has been notified three times by the Court responsible for compensation about the repayment but does not fulfill the obligation to repay, they will be disciplined in accordance with the law.

2. In case the person obligated to repay has transferred to another agency within the state machinery, the state agency currently directly managing the person obligated to repay has the responsibility to urge the fulfillment of the repayment obligation and decide on measures to handle the situation in accordance with Clause 1 of this Article and notify the Court responsible for compensation and the person who issued the repayment decision.

3. In case the person obligated to repay is no longer working in state agencies, the agency responsible for compensation must take measures to recover the repayment funds in accordance with the law.

Article 26. Handling the repayment responsibility when the Court responsible for compensation issues the repayment decision in the case where the person obligated to repay has died

In case the Court responsible for compensation has issued the repayment decision and the person obligated to repay has died, the heirs of the deceased person obligated to repay must fulfill the obligations of the person obligated to repay.

In case the heirs of the deceased person obligated to repay do not fulfill the obligations, the Court responsible for compensation must take measures to recover the repayment funds in accordance with the law.

Chapter V

IMPLEMENTING PROVISIONS

Article 27. Effective Date

1. This Joint Circular takes effect from November 12, 2012.

2. From the date this Joint Circular takes effect, in cases where the Court tries the person who conducted the litigation for the act of issuing a judgment knowing it to be contrary to the law or issuing a decision knowing it to be contrary to the law or intentionally distorting the case file, the Court shall separate the resolution of the State's compensation liability for handling according to the provisions of the Civil Compensation Law and the guiding documents.

3. From the date this Joint Circular takes effect, in cases where there is a criminal judgment or decision determining the person who conducted the litigation committed the crime of issuing a judgment contrary to the law or the crime of issuing a decision contrary to the law or the crime of distorting the case file and the State's compensation liability was resolved in that criminal judgment or decision, the guidance in this Joint Circular shall not be applied to separate the resolution of the State's compensation liability; the resolution of appeals or protests against the criminal judgment or decision regarding the resolution of the State's compensation liability (if any) shall be carried out according to the criminal procedure.

Article 28. Implementation Organization

During the implementation process, if there are difficulties or obstacles, individuals, agencies, and organizations are requested to report to the Supreme People's Court so that the Supreme People's Court can coordinate with the Supreme People's Procuracy and the Ministry of Justice to study and resolve them./.