Joint Circular No. 04/2006/TTLT/VKSNDTC-TANDTC-BCA-BTP-BQP-BTC guiding the implementation of certain provisions of Resolution No. 388/NQ-UBTVQH11 dated March 17, 2003 of the Standing Committee of the National Assembly on compensation for damages to persons wrongfully convicted due to actions by competent authorities 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 caused to persons who were wrongfully convicted due to actions by authorized persons 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 caused to persons who were wrongfully convicted due to actions by authorized persons in criminal proceedings (hereinafter referred to as Resolution No. 388).

for persons who are wrongfully accused due to the actions of those with authority in criminal proceedings

caused by those with jurisdiction 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 caused to persons who were wrongfully convicted due to actions by authorized persons in criminal proceedings (hereinafter referred to as Resolution No. 388).

To implement correctly 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:

I. REGARDING GENERAL PROVISIONS

1. Cases eligible for compensation for damages

Article 1 of Resolution No. 388 specifically stipulates 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 detained under point a, Clause 1 of Article 1 of Resolution No. 388 shall be entitled to compensation for damages if they did not commit any violation of the law and there is a decision by an authorized body in criminal proceedings to revoke the detention order.

Example 1: The Public Security Department of County T temporarily detained Nguyen Van A along with eight other people in a gambling case at C's house. Upon investigation, it was determined that A had gone to C's house to repay a debt and was then detained. Therefore, the Investigative Agency issued a decision to revoke the detention order 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 from China into Vietnam and ordered their temporary detention. After investigation, it was found that the value of the goods did not reach the threshold for criminal prosecution, thus the detention order was revoked to handle them administratively. In this case, they committed a violation of the law (transporting goods illegally across the border), so they are not entitled to compensation for damages.

1.2. Persons detained whose detention order has been revoked by an authorized body in criminal proceedings because they did not commit a crime or who have completed or are serving a fixed-term imprisonment sentence or life imprisonment and have been sentenced to death but have a court decision by an authorized body in criminal proceedings determining that they did not commit a crime shall be entitled to compensation for damages.

1.3. Persons indicted, prosecuted, and tried, if during the course of criminal proceedings they were not detained or imprisoned and there is a decision by an authorized body in criminal proceedings determining that they did not commit a crime, shall be entitled to compensation for damages.

1.4. Persons indicted, prosecuted, and tried for multiple offenses in the same case, who have served a prison term and subsequently have a decision by an authorized body in criminal proceedings determining that they were wrongfully convicted of one or more offenses and the combined punishment for the remaining offenses is less than the time spent in pre-trial detention and imprisonment, shall be entitled to compensation for damages corresponding to the period of wrongful detention and imprisonment exceeding the combined punishment for the offenses they must serve.

1.5. Persons indicted, prosecuted, and tried for multiple offenses in the same case, who were sentenced to death but the sentence has not been carried out and subsequently have a decision by an authorized body in criminal proceedings determining that they were wrongfully convicted of the offense for which they were sentenced to death and the combined punishment for the remaining offenses is less than the time spent in pre-trial detention, shall be entitled to compensation for damages corresponding to the period of wrongful detention exceeding the combined punishment for the offenses they must serve.

1.6. Persons convicted by multiple judgments, where the court has combined the punishments of those judgments, and subsequently have a decision by an authorized body in criminal proceedings determining that they were wrongfully convicted of one or more offenses and the combined punishment for the remaining offenses is less than the time spent in pre-trial detention and imprisonment, shall be entitled to compensation for damages corresponding to the period of wrongful detention and imprisonment exceeding the combined punishment for the offenses they must serve.

1.7. Persons falling within the cases specified in Clause 1 of Article 1 of Resolution No. 388, if their property was seized, detained, attached, or confiscated and suffered damage, shall be entitled to compensation for damages according to the provisions of Resolution No. 388. As for the property of others that was temporarily detained, seized, attached, or confiscated and does not fall under the above cases, compensation for damages will not be provided according to Resolution No. 388 but will be handled through general procedures.

2. Cases ineligible for compensation for damages

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

2.1. Persons indicted and prosecuted in a criminal case initiated upon the request of the victim, but the case was discontinued before the trial commenced due to the withdrawal of the request by the person who made the request, except in cases where their actions did not constitute a criminal offense;

2.2. Persons indicted, prosecuted, and tried who were 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 date of indictment, prosecution, and trial, they are not subject to criminal responsibility;

2.3. Persons who committed a violation of the law, a criminal act, and were detained, indicted, imprisoned, prosecuted, tried, and had their sentences executed, but the decision or judgment of an authorized body in criminal proceedings revoked 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.

2.4. A person who is indicted, prosecuted, and tried for multiple offenses in the same case, or whose sentences from multiple judgments are combined by the court, has been detained, imprisoned, served a prison sentence, or been sentenced to death but not yet executed, and subsequently a competent authority's decision 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 who have been wrongfully convicted and have already received compensation for damages from state agencies with jurisdiction based on the applicable laws at the time of compensation before the Resolution 388 took effect, this Resolution shall not apply to resolve compensation for damages.

II. DETERMINATION OF DAMAGE AND LEVEL OF COMPENSATION FOR DAMAGE

1. Damage due to mental distress

1.1. When determining damage due to mental distress for a person who has been wrongfully convicted and detained, imprisoned, served a prison sentence, or placed under house arrest, the following should be noted:

a) The specific number of wrongful days must be calculated for the wrongfully convicted person from the date of the indictment decision until the date of the competent authority's decision in criminal proceedings determining that the person did not commit the crime, including the number of detention, imprisonment, and prison sentence days, and the number of days under house arrest (including the days of pre-indictment detention). After determining the number of detention, imprisonment, and prison sentence days and the number of days under 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, 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 the 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 detention and imprisonment: 31 days in December 2003 + 31 days in January 2004 + 29 days in February 2004 = 91 days.

- Number of days not detained or imprisoned (under 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 according to the national minimum wage level at the time of compensation is determined by dividing the national minimum wage level 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 national minimum wage level 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 wrongfully convicted person dies, the following should be noted:

a) Compensation for a lump sum for mental distress shall only be resolved if the wrongfully convicted person dies during the period of detention, imprisonment, or serving a prison sentence, and it is 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 national minimum wage level at the time of compensation, is a general compensation for close relatives of the deceased wrongfully convicted person, including: spouse, parents, adoptive parents, children, adopted children, and the person directly caring for the wrongfully convicted 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 guided in Sub-item 1.1 of Section 1 shall not be calculated.

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

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

b) Reasonable expenses for the burial of a wrongfully convicted person who died 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 serving the burial or cremation of the wrongfully convicted person according to common practices. Claims for compensation for sacrificial offerings, religious rituals, lavish meals, tomb construction, exhumation... are not accepted.

c) Reasonable expenses for the rescue, maintenance, recovery of health and functions lost or diminished of the wrongfully accused person as stipulated in Clause 1, Article 7 of Resolution No. 388 include: the expenses guided at point a sub-item 2.1 herein and expenses for artificial limb installation, prosthetic arm, prosthetic eye, wheelchair purchase, stroller, crutch, and aesthetic restoration... to support or replace part of the bodily 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 damage as guided in sub-item 2.1 item 2 herein if they have paid such reasonable expenses. In cases where state agencies have already covered part or all of these expenses, they shall not be compensated for the expenses that the state agencies have covered.

2.3. Reasonable expenses and actual income losses 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 costs, accommodation rental fees at the average price in the locality (if applicable) 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 losses 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 amount of actual income loss shall be based on the salary or wage level of the month immediately preceding when the caregiver 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 level of the six months immediately preceding when the caregiver had to care for the wrongfully accused person shall serve as the basis for determining the amount of 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 engage in material production activities due to paralysis of the spine, blindness in both eyes, paralysis of both limbs, severe mental illness, and other cases as specified by competent state authorities. 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 losses 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 losses during the period they were under temporary detention, pre-trial detention, or serving a sentence.

b) Stable actual income losses 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 amount of actual income loss shall be based on the salary or wage level of the month immediately preceding when the 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 level of the six months immediately preceding when the person was temporarily detained, pre-trial detained, or serving a sentence shall serve as the basis for determining the amount of 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 type of laborer with actual income but working seasonally or intermittently, then the average actual income level proven over the six months immediately preceding when the person was temporarily detained, pre-trial detained, or serving a sentence shall be taken as the basis for determining the amount of actual income loss; if this average actual income level 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 amount of 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, prior to 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 level, 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 persons who were wrongfully convicted 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 alimony payments provided for in Clause 3, Article 6 and Clause 3, Article 7 of Resolution No. 388, if the recipient agrees to receive it in one lump sum, it shall be paid 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, determining 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 new warrant or order approved by the Prosecutor's Office after the original term expired, shall be fully responsible for compensating all damages, except for damages caused by property infringement, when the detention is revoked because the detainee did not commit any violation of the law or the detention is revoked because the detainee did not commit any criminal act.

2.2. When a person who was wrongfully convicted is identified, the agency responsible for compensating damages is the last agency that caused the wrongful conviction, regardless of whether previous investigative agencies partially handled the wrongful conviction.

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 not guilty because they did not commit any criminal act, then the Prosecutor's Office is responsible for fully 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 not guilty because they did not commit any criminal act, then the first-instance court is responsible for fully 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, then the first-instance court is responsible for fully 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 filed 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 not guilty and dismisses the case because they did not commit any criminal act, and the judgment has become legally effective, then the Prosecutor's Office issuing the indictment is responsible for fully 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 not guilty, and dismisses the case because they did not commit any criminal act, then the first-instance court is responsible for fully compensating all damages, except for damages caused by property infringement.

2.5. For property belonging to individuals whose property was seized, detained, attached, or confiscated under the provisions of Clause 1, Article 1 of Resolution No. 388 and suffered damage, the agency that issued the decision to seize, detain, attach, or confiscate the property is responsible for compensating.

IV. ISSUING AND DELIVERING DECISIONS AND JUDGMENTS

1. Decisions determining that a person held in temporary custody did not violate the law; decisions and judgments determining that a person charged, detained, 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 Jointly Issued hereunder.

2. Issuing and delivering decisions determining that a person held in temporary custody did not violate the law; decisions and judgments determining that a person charged, detained, 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, the deadline is 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 held in temporary custody did not violate the law, or a decision or judgment determining that a person charged, detained, or serving a sentence did not commit a crime, the competent authority must promptly review and resolve it within thirty days from the date of receipt of the complaint, request, or demand, and notify the complainant, requester, or demander of the result. If the competent authority upholds the decision or judgment after reviewing and resolving 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 person who was wrongfully convicted must conduct a public apology and correction within thirty days from the date of receiving the legally effective judgment or decision of the competent authority in criminal proceedings determining that the person was wrongfully convicted.

1.2. The representative of the agency responsible for compensating damages who apologizes to the wrongfully accused person shall be: 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 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 of which the wrongfully accused person is a member 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 claimed for compensation, the amount of compensation as the basis for negotiation, and other contents according to Form No. 01a, 01b attached hereto. Accompanying the request must be the following documents:

a) Decision, judgment already having legal effect 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 registration certificate, birth certificate, 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 and income of the wrongfully accused person before being temporarily 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 legally authorized person conducting the negotiation on compensation for damages must do so at the agency's premises. During the negotiation, 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 in this Joint Circular, negotiations on which items of damage will be compensated and the amount of compensation must be conducted.

2.4. When conducting negotiations, a record must be made detailing the entire process of negotiation. In case the negotiation is successful, within seven days from the date of recording the successful negotiation, 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 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 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 on 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 occurred 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 city directly under the province 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. REGARDING EXPENSES AND PAYMENT OF COMPENSATION FOR DAMAGES

1. Budget estimate 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 Force, 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 persons wrongfully convicted 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 are successful or there is a judgment or decision of the court regarding compensation for damages that has taken legal effect, the agency responsible for compensating damages 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 to implement the 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 compensating damages in cases where negotiations were successful or the judgment or decision of the court regarding 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 receiving the request for allocation of the compensation fund, the Ministry of Finance allocates the fund to the agency responsible for compensating damages to pay to the wrongfully convicted person or their relatives according to the state budget law.

2.4. After receiving the fund allocated by the Ministry of Finance, the agency responsible for compensating damages must immediately carry out the payment of compensation to the wrongfully convicted person or their relatives as stipulated by the state budget law.

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

At the end of the fiscal year, the agencies responsible for compensating damages to wrongfully convicted persons must settle the compensation fund expenses and report to the central supervisory agency.

The central supervisory agency must consolidate the settlement of compensation fund expenditures across the sector and settle with the Ministry of Finance according to the state budget law.

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

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

During the implementation of 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./.