Joint Circular No. 04/2006/TTLT-VKSNDTC-TANDTC-BCA-BTP-BQP-BTC guides the implementation of certain provisions of Resolution No. 388/NQ-UBTVQH11 dated March 17, 2003 of the Standing Committee of the National Assembly regarding compensation for damages caused to persons who have been wrongfully convicted due to the actions of those with authority in criminal proceedings.

JOINT CIRCULAR

Guidelines for Implementing Certain Provisions of Resolution No. 388/NQ-UBTVQH11 dated March 17, 2003 of the Standing Committee of the National Assembly on Compensation for Damages to Persons Wrongfully Convicted Due to Actions by Competent Authorities in Criminal Proceedings

On March 17, 2003, the Standing Committee of the National Assembly adopted Resolution No. 388/NQ-UBTVQH11 dated March 17, 2003 of the Standing Committee of the National Assembly on Compensation for Damages to Persons Wrongfully Convicted Due to Actions by Competent Authorities in Criminal Proceedings (hereinafter referred to as Resolution No. 388).

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

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I. GENERAL PROVISIONS

1. Cases Eligible for Compensation for Damages

Article 1 of Resolution No. 388 specifies in detail the cases eligible for compensation for damages. However, when implementing the provisions of this Article, 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 damages if they did not commit any violation of the law and there is a decision from a competent authority in criminal proceedings to revoke the temporary detention decision.

Example 1: The Public Security Police 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 pay off a debt and was then 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 damages.

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 their temporary detention. Upon investigation, it was found that the value of the goods did not reach the level requiring criminal prosecution, thus the 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 damages.

1.2. Persons temporarily detained who have a decision from a competent authority in criminal proceedings 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 been sentenced to death but have a judgment or decision from a competent court determining that they did not commit a crime shall be compensated for damages.

1.3. Persons indicted, prosecuted, and tried, if during the course of criminal proceedings they were neither temporarily detained nor temporarily imprisoned and there is a decision from a competent authority in criminal proceedings determining that they did not commit a crime, shall be compensated for damages.

1.4. Persons indicted, prosecuted, and tried for multiple crimes in the same case, who have served a prison term and subsequently have a judgment or decision from a competent authority in criminal proceedings determining that they were wrongfully convicted of one or more crimes and the combined punishment for the remaining crimes is less than the time already spent in temporary detention or serving a prison term, shall be compensated for damages corresponding to the loss of mental distress and actual income lost, corresponding to the excess time spent in temporary detention or serving a prison term compared to the total punishment for the crimes they must serve.

1.5. Persons indicted, prosecuted, and tried for multiple crimes in the same case, sentenced to death but not yet executed, and subsequently have a judgment or decision from a competent authority in criminal proceedings determining that they were wrongfully convicted of the crime for which they were sentenced to death and the combined punishment for the remaining crimes is less than the time already spent in temporary detention, shall be compensated for damages corresponding to the loss of mental distress and actual income lost, corresponding to the excess time spent in temporary detention compared to the total punishment for the crimes they must serve.

1.6. Persons sentenced by multiple judgments, where the court has combined the punishments of these judgments, and subsequently have a judgment or decision from a competent authority in criminal proceedings determining that they were wrongfully convicted of one or more crimes and the combined punishment for the remaining crimes is less than the time already spent in temporary detention or serving a prison term, shall be compensated for damages corresponding to the loss of mental distress and actual income lost, corresponding to the excess time spent in temporary detention or serving a prison term compared to the total punishment for the crimes they must serve.

1.7. Persons falling under the provisions of 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 damages according to the provisions of Resolution No. 388. For property temporarily detained, seized, attached, or confiscated from others not falling under the above cases, compensation for damages will not be resolved according to Resolution No. 388 but will be resolved through general procedures.

2. Cases Not Entitled to Compensation for Damages

Cases not entitled to compensation for damages are stipulated in Article 2 of Resolution No. 388; attention should be paid to the following specific cases also falling under cases not entitled to compensation for damages:

2.1. Persons indicted or prosecuted in a criminal case initiated upon the request of the victim, but the case was discontinued before the opening of the first-instance trial due to the person requesting the indictment withdrawing the request, except in cases where their actions did not constitute a criminal offense;

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

2.3. Persons who committed a violation of the law or a criminal act and were temporarily detained, indicted, temporarily imprisoned, prosecuted, tried, and had their sentences carried out, but there is a decision or judgment from a competent authority in criminal proceedings revoking that decision or judgment solely because the conclusion of the forensic medical examination panel determined that at the time of committing the violation of the law or criminal act, the person lacked criminal responsibility capacity.

2.2. The person who was indicted, prosecuted, and tried at the time when such actions were taken is correct under the legal regulations in force at that time, 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. A person who has committed a violation of the law, a criminal act, and been temporarily detained, indicted, temporarily imprisoned, prosecuted, tried, and had a sentence executed, where there is a decision or judgment by an authorized body in criminal proceedings to revoke such decision or judgment solely on the grounds that based on the conclusion of the Forensic Medical Appraisal Board, at the time of committing the violation of the law or the criminal act, the person did not have criminal responsibility capacity.

2.4. A person who has been indicted, prosecuted, and tried for multiple offenses in the same case, or whose sentences from multiple judgments have been consolidated by the court, who has been detained, imprisoned, served a prison sentence, or sentenced to death but not yet executed, and subsequently a competent authority in criminal proceedings determines that such person is innocent of one or more offenses and does not fall under sub-item 1.4; 1.5; 1.6 of Section 1 of this Part shall not be entitled to compensation.

2.5. For those persons determined to be innocent and compensated for damages according to the laws in effect at the time of compensation prior to the effective date of Resolution 388, Resolution 388 shall not apply to resolve compensation for damages.

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 an innocent person who has been detained, imprisoned, served a prison sentence, or placed under house arrest, attention should be paid to:

a) The specific number of days of innocence must be calculated for the innocent person from the date of the decision to indict until the date of the judgment or decision of a competent authority in criminal proceedings determining that the person did not commit a crime, including the number of days of detention, imprisonment, serving a prison sentence, and the number of days of house arrest (including days of detention before the indictment decision). After determining the number of days of detention, imprisonment, serving a prison sentence, and the number of days of house arrest, refer to Clause 1 and Clause 3 of Article 5 of Resolution No. 388 to calculate the number of days' wages based on the minimum wage level for compensation.

Example: On December 1, 2003, M was detained and indicted; after the three-day detention period expired, M was imprisoned. On March 1, 2004, M was released on bail. On March 20, 2004, the investigation agency decided to terminate 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 due to being innocent is determined as follows:

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

- Number of days not detained or imprisoned (house arrest): 20 days (from March 1 to March 20, 2004).

- Number of days' wages based on the minimum wage level for compensation: (91 days x 3) + 20 days = 293 days.

b) One day's minimum wage is determined by dividing the minimum wage level 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 of issuing this Circular, the general minimum wage level set by the State is 450,000 VND, so one day's minimum wage will be: 450,000 VND ÷ 22 = 20,454 VND.

1.2. When resolving the issue of compensating a lump sum for mental distress in cases where the innocent person dies, attention should be paid to:

a) Compensation for a lump sum for mental distress shall only be resolved if the innocent person died during detention, imprisonment, or serving a prison sentence, and it was not due to their own fault or an unforeseen event.

b) The lump sum for mental distress, equivalent to 360 months' wages based on the minimum wage level set by the State at the time of compensation, is a compensation amount for close relatives of the deceased innocent person, including: spouse, parents, adoptive parents, children, adopted children, and the person directly caring for the innocent person, regardless of the number of people receiving compensation for mental distress and the duration of detention, imprisonment, or serving a prison sentence. In this case, compensation for mental distress as stipulated in Clause 1 and Clause 3 of Article 5 of Resolution No. 388 and the guidance provided in Sub-item 1.1 of Section 1 shall not be considered.

c) If the innocent person died during detention, imprisonment, or serving a prison sentence due to their own fault or an unforeseen event, close relatives of the deceased innocent person, including: spouse, parents, adoptive parents, children, adopted children, and the person directly caring for the innocent person, shall not be entitled to compensation for a lump sum for mental distress equivalent to 360 months' wages based on the minimum wage level set by the State at the time of compensation. In this case, the innocent person shall be entitled to compensation for mental distress as stipulated in Clause 1 and Clause 3 of Article 5 of Resolution No. 388 and the guidance provided in Sub-item 1.1 of Section 1.

Compensation for mental distress is independent of the damages specified 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, and appropriate to the average price in each locality at the time of expenditure, specifically as follows:

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

b) Reasonable expenses for funeral arrangements for the deceased innocent 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 related to burial or cremation of the deceased innocent person according to common practices. Claims for compensation for sacrificial offerings, worship ceremonies, lavish meals, tomb construction, exhumation... are not accepted.

c) Reasonable expenses for the rescue, maintenance, recovery of health and lost or diminished functions of the wrongfully accused person as stipulated in Clause 1, Article 7 of Resolution No. 388 include: the expenses guided at point a, subitem 2.1 herein and expenses for artificial limb installation, artificial eye installation, wheelchair purchase, stroller purchase, cane purchase, and aesthetic restoration... to support or replace part of the body functions lost or diminished of the wrongfully accused person (if any).

2.2. The wrongfully accused person or their close relatives shall be compensated for material losses as guided in subitem 2.1, item 2 herein if they have paid such reasonable expenses. In cases where state agencies have covered part or all of these expenses, they shall not be compensated for the expenses already covered by state agencies.

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

a) Reasonable expenses for the caregiver of the wrongfully accused person during treatment include travel expenses, accommodation rental fees at the average price in the locality (if necessary) of one of the close relatives of the wrongfully accused person due to necessity or the medical facility's requirement for a caregiver during treatment.

b) Actual income loss of the caregiver of the wrongfully accused person during treatment shall be determined as follows:

b.1. If the caregiver of the wrongfully accused person has stable income from salary within the establishment or wages from labor contracts, then the actual income loss shall be based on the salary or wage level of the month immediately preceding when that person had to care for the wrongfully accused person.

b.2. If the caregiver of the wrongfully accused person works and has stable monthly income but with varying levels of income, then the average income of the six months immediately preceding when that person had to care for the wrongfully accused person shall serve as the basis for determining the actual income loss.

b.3. If the caregiver of the wrongfully accused person does not have employment, or has months with work and months without, thus having no stable monthly income, they shall receive care wages equivalent to the national minimum wage set by the State at the time of caring for the wrongfully accused person.

b.4. During the period of caring for the wrongfully accused person, if the caregiver continues to receive salary or wages from the employer according to labor laws and social insurance regulations, they shall not receive corresponding compensation.

2.4. A wrongfully accused person who has lost the ability to work and requires constant care is someone who can no longer perform material production activities due to spinal paralysis, blindness in both eyes, paralysis in both limbs, severe mental illness, and other cases defined by competent state authorities. Reasonable expenses for the constant caregiver of a wrongfully accused person who has lost the ability to work as stipulated in Clause 3, Article 7 of Resolution No. 388 shall be calculated based on the average wage paid for caregivers of disabled persons in the locality where the wrongfully accused person resides.

2.5. When settling compensation for actual income loss of the wrongfully accused person as stipulated 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 actual income loss during the period they were under temporary detention, pre-trial detention, or serving a sentence.

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

b.1. In cases where before being temporarily detained, pre-trial detained, or serving a sentence, the wrongfully accused person had stable income from salary within the establishment or wages from labor contracts, then the actual income loss shall be based on the salary or wage level of the month immediately preceding when that person was temporarily detained, pre-trial detained, or serving a sentence.

b.2. In cases where before being temporarily detained, pre-trial detained, or serving a sentence, the wrongfully accused person worked and had stable monthly income but with varying levels of income, then the average income of the six months immediately preceding when that person was temporarily detained, pre-trial detained, or serving a sentence shall serve as the basis for determining the actual income loss.

b.3. In cases where before being temporarily detained, pre-trial detained, or serving a sentence, the wrongfully accused person was a farmer, fisherman, salt worker, forest grower, hired worker, small trader, artisan, or other actual income earner working seasonally or intermittently, then the average actual income proven over the six months immediately preceding when that person was temporarily detained, pre-trial detained, or serving a sentence shall be taken as the basis for determining the actual income loss; if this average actual income cannot be determined, then the national minimum wage set by the State at the time of compensation settlement shall serve as the basis for determining the actual income loss.

c) During the period of temporary detention or pre-trial detention, if the wrongfully accused person continues to receive salary or wages from the employer according to labor laws and social insurance regulations, they shall not receive corresponding compensation.

2.6. Compensation for maintenance payments shall only be provided to those individuals for whom the wrongfully accused person was fulfilling maintenance obligations as stipulated in Clause 3, Article 6 and Clause 3, Article 7 of Resolution No. 388, if before being temporarily detained, pre-trial detained, or serving a sentence, the wrongfully accused person was actually fulfilling maintenance obligations, but during the period of temporary detention, pre-trial detention, or serving a sentence, 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 amount, method, and duration of maintenance payments shall be based on the provisions of family law.

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

1. Compensation for damages must be resolved promptly, publicly, and in accordance with the law. The damages that a wrongfully accused person or their relatives are entitled to compensation for under Resolution No. 388 shall be compensated once, except where the law provides otherwise or the parties agree otherwise. For maintenance payments provided for in Clause 3 of Article 6 and Clause 3 of Article 7 of Resolution No. 388, if the recipient agrees to receive them in one lump sum, they shall be compensated in one lump sum; if the recipient does not agree to receive them in one lump sum, then monthly maintenance payments shall be made during the period they are entitled to such payments.

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. The agency that issued an arrest warrant or detention order approved by the Prosecutor's Office, but continued to detain without a valid warrant or order, or with an order not approved by the Prosecutor's Office, beyond the approved detention period, shall be fully liable for compensation for all damages, except for damages caused by property infringement, when the arrest or detention is revoked because the person arrested or detained did not commit any violation of the law or criminal act.

2.2. When a wrongfully accused person is identified, the agency responsible for compensating damages is the last agency that caused the wrongful accusation, regardless of whether previous judicial agencies partially handled the wrongful accusation.

Example 1: If the Investigative Agency concludes an investigation recommending prosecution for multiple offenses, but the Prosecutor's Office only prosecutes for one offense, and the first-instance court declares the defendant innocent because they did not commit any criminal act, the Prosecutor's Office shall be fully responsible for compensating all damages, except for damages caused by property infringement.

Example 2: If the Prosecutor's Office prosecutes the suspect for multiple offenses, but the first-instance court only convicts and sentences the defendant for one offense, and the appellate court later declares the defendant innocent because they did not commit any criminal act, the first-instance court shall be fully responsible for compensating all damages, except for damages caused by property infringement.

Example 3: If the first-instance court declares the defendant guilty, and the appellate or supervisory court decides to revoke the first-instance judgment for further investigation, which leads to the Investigative Agency discontinuing the investigation or the Prosecutor's Office discontinuing the case against the suspect because they did not commit any criminal act, the first-instance court shall be fully responsible for compensating all damages, except for damages caused by property infringement, regardless of whether the Investigative Agency had concluded an investigation or the Prosecutor's Office had issued an indictment.

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 at the trial, the first-instance court declares the defendant innocent and dismisses the case because they did not commit any criminal act, the Prosecutor's Office issuing the indictment shall be fully responsible for compensating 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 trial, the appellate court revokes the first-instance judgment, declares the defendant innocent, and dismisses the case because they did not commit any criminal act, the first-instance court shall be fully responsible for compensating all damages, except for damages caused by property infringement.

2.5. For property belonging to persons specified in Clause 1 of Article 1 of Resolution No. 388 that was seized, temporarily detained, attached, or confiscated and suffered damage, the agency that issued the decision to seize, temporarily detain, attach, or confiscate the property shall be responsible for compensation.

IV. ISSUING AND DELIVERING DECISIONS AND JUDGMENTS

1. Decisions determining that a person under temporary detention did not violate the law; decisions and judgments determining that a person under prosecution, detention, or serving a sentence did not commit a crime must be issued or delivered to those entitled to compensation and the agency responsible for compensation as stipulated in Resolution No. 388 and the Circular herein.

2. Issuing and delivering decisions determining that a person under temporary detention did not violate the law; decisions and judgments determining that a person under prosecution, detention, or serving a sentence did not commit a crime must be carried out within the time limit prescribed by the Criminal Procedure Code. Where the Criminal Procedure Code does not provide a time limit, it 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 reconsideration of a decision determining that a person under temporary detention did not violate the law, or a decision or judgment determining that a person under prosecution, detention, or serving a sentence did not commit a crime, the competent authority must urgently review and resolve the matter within thirty days from the date of receipt of the complaint, request, or demand, and notify the complainant, requester, or demander of the resolution result. If the competent authority upholds the decision or judgment after reviewing the complaint, request, or demand, compensation for damages must be immediately implemented.

V. ON PROCEDURES FOR RESTORATION OF REPUTATION, CLAIMS FOR COMPENSATION FOR DAMAGES, JURISDICTION, AND PROCEDURES FOR RESOLVING COMPENSATION FOR DAMAGES AT THE COURT

1. Procedures for restoring reputation

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

1.2. The representative of the agency responsible for compensating damages who shall apologize to the wrongfully accused person is: the head, deputy head of the investigation agency; the procurator, deputy procurator of the People's Procuracy (at the Supreme People's Procuracy, it is the department head, deputy procurator of the Central Military Procuracy authorized by the procurator of the Supreme People's Procuracy); the president, vice-president of the People's Court (at the Supreme People's Court, it is the division president of the Appeals Division or Criminal Division of the Supreme People's Court, or the vice-president of the Central Military Court authorized by the president of the Supreme People's Court).

The location for the apology shall be the place of residence or workplace of the wrongfully accused person. The agency responsible for compensation must notify the time and location of the apology to the agency where the wrongfully accused person works, the local authority where the wrongfully accused person resides, and the political-social organization 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 one central newspaper (People's Newspaper or People's Army Newspaper) and one local newspaper (newspaper of the provincial Party Committee or municipal Party Committee under the Central Government) for three consecutive issues, except in cases where the wrongfully accused person or their legal representative requests not to publish in newspapers.

2. Procedure for requesting compensation for damages

2.1. The wrongfully accused person, relatives of the wrongfully accused person, or their legal representatives, as stipulated in Clause 2 of Article 5 of Resolution No. 388, must submit a request for compensation for damages. The request for compensation for damages must clearly state the items of damage being claimed for compensation, the level of compensation as a basis for negotiation, and other contents according to Form No. 01a, 01b attached hereto. Accompanying the request must be the following documents:

a) Decisions, judgments that have become legally binding determining the wrongfully accused person;

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

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

The agency responsible for compensating damages must accept the request, accompanying documents, and record them in the receipt book. Within thirty days from the date of receiving the request, the head of the agency responsible for compensating damages must themselves or authorize another person to negotiate with the wrongfully accused person or their relatives about compensation for damages.

2.2. In case the wrongfully accused person dies and has many relatives, they need to appoint one representative to proceed with negotiations on 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, direct negotiations must be conducted with them.

2.3. The head of the agency responsible for compensating damages or the person authorized to conduct negotiations on compensation for damages must do so at the agency's office. During negotiations, all items of damage claimed for compensation in the request, accompanying documents, and materials must be considered. Based on the items of damage 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 any), and guidance provided in this Joint Circular, negotiations on which items of damage will be compensated and the level of compensation must be conducted.

2.4. When conducting negotiations, a record must be made documenting the entire process of negotiations. In case negotiations are successful, within seven days from the date of recording the successful negotiations, the head of the agency responsible for compensating damages must issue a decision on compensation for damages. 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 minutes (according to Form No. 03a, 03b attached hereto).

3. Authority and procedure for resolving compensation for damages at the court

3.1. The wrongfully accused person, relatives of the wrongfully accused person, or their legal representatives have the right to request the competent court to resolve compensation for damages within thirty days from the date the agency responsible for compensating damages records the unsuccessful negotiation for compensation for damages.

An unsuccessful negotiation is when, after the agency responsible for compensating damages receives the request for compensation from the wrongfully accused person or their relatives and conducts negotiations on compensation for damages as prescribed in Articles 5, 6, 7, 8, and 9 of Resolution No. 388, there is no result and no successful negotiation record can be established.

In case of force majeure events preventing the person entitled to claim compensation from making the request within thirty days, the period during which the force majeure event occurs shall not be counted towards the deadline for requesting the competent court to resolve the matter.

3.2. The court with jurisdiction to handle the request for compensation for damages is the People's Court of the district, city district, town, or equivalent where the wrongfully accused person resides or works. In case the court with jurisdiction to resolve compensation for damages is also the agency responsible for compensating damages, the members of the trial panel must be those who are not related to the wrongful act. The procedure for resolving compensation for damages at the court is carried out in accordance with the provisions of civil procedural law.

VI. ON EXPENSES AND PAYMENT OF COMPENSATION FOR DAMAGES

1. Budget for compensation for damages

Annually, based on the actual compensation for damages to persons wrongfully convicted due to the actions of those with authority in criminal proceedings in the previous year, the central authorities responsible for 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 Protection...) shall coordinate with the Ministry of Finance to prepare the budget for compensation funds for wrongful convictions to be included in the state budget proposal submitted to the National Assembly.

2. Procedures for payment of compensation for damages

2.1. Within two days from the date of the decision on compensation for damages in cases where negotiations have been successful or there is a court judgment on compensation for damages that has taken legal effect, the agency responsible for compensation must immediately transfer the compensation request file to the central supervisory agency through any means; it may also use express delivery to request the Ministry of Finance to allocate the compensation fund.

The compensation request file includes:

a) A request for compensation document detailing fully and specifically the person entitled to compensation, the specific amounts of compensation for each type of damage, and the total amount requested from the Ministry of Finance for the implementation of compensation.

b) The judgment or decision of the authority with jurisdiction in criminal proceedings determining that the person entitled to compensation was wrongfully convicted.

c) The decision of the agency responsible for compensation in cases where negotiations were successful or the court judgment on compensation for damages has taken legal effect.

2.2. Within two days from the date of receipt of the compensation request file, the central supervisory agency must submit a request in writing to the Ministry of Finance to allocate the compensation fund.

2.3. Within five days from the date of receipt of the request for allocation of the compensation fund, the Ministry of Finance allocates the fund to the agency responsible for compensation to pay out to the wrongfully convicted person or their relatives according to the laws on state budget.

2.4. After receiving the fund allocated by the Ministry of Finance, the agency responsible for compensation must immediately implement the payment of compensation to the wrongfully convicted person or their relatives as stipulated by the laws on state budget.

2.5. In case the central supervisory agency or the Ministry of Finance refuses the request for allocation of the compensation fund, they must notify the requesting agency, the wrongfully convicted person, and clearly state the reasons for the refusal.

3. Settlement of Compensation Fund Expenditures

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

The central supervisory agency must consolidate the settlement reports on compensation expenditures within the sector and settle them with the Ministry of Finance according to the laws on state budget.

The Ministry of Finance must consolidate the settlement reports on compensation for wrongfully convicted persons caused by those with authority in criminal proceedings and include them in the overall settlement report of the state budget to be submitted to the National Assembly according to the laws on state budget.

VII. SETTLEMENT OF DISPUTES REGARDING COMPENSATION RESPONSIBILITY AMONG AUTHORITIES WITH JURISDICTION IN CRIMINAL PROCEEDINGS

During the process of implementing compensation for damages to wrongfully convicted persons caused by those with authority in criminal proceedings, if disputes arise within the sector, the immediate superior head of the sector shall examine and resolve them; if disputes arise between sectors, the heads of the relevant sectors shall cooperate to examine and resolve them.

VIII. EFFECTIVENESS OF THE JOINT CIRCULAR

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

This joint circular replaces Joint Circular No. 01/2004/TTLT-VKSNDTC-BCA-TANDTC-BTP-BQP-BTC dated March 25, 2004.

During the implementation process, if there are difficulties or issues requiring further explanation or supplementary guidance, they should be reported to the Supreme People's Procuracy, Ministry of Public Security, Supreme People's Court, Ministry of Justice, Ministry of National Defense, and Ministry of Finance for timely clarification or supplementary guidance./.