Joint Circular 05/2012/TTLT-VKSNDTC-TANDTC-BCA-BTP-BQP-BTC-BNNPTNT guiding the implementation of the State's liability for compensation in criminal proceedings issued by the Supreme People's Procuracy, the Supreme People's Court, the Ministry of Public Security, the Ministry of Justice, the Ministry of National Defense, the Ministry of Finance, and the Ministry of Agriculture and Rural Development.

JOINT CIRCULAR

GUIDELINES FOR IMPLEMENTING THE STATE'S LIABILITY FOR COMPENSATION IN CRIMINAL PROCEEDINGS

To implement correctly and uniformly the provisions of the Law on State Liability for Compensation regarding liability for compensation in criminal proceedings, the Supreme People's Procuracy, the Supreme People's Court, the Ministry of Public Security, the Ministry of Justice, the Ministry of National Defense, the Ministry of Finance, and the Ministry of Agriculture and Rural Development hereby issue the following guidelines:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

These joint circulars provide guidance on implementing certain provisions of the Law on State Liability for Compensation (hereinafter referred to as the "State Compensation Law") concerning the State's liability for compensation to persons who have suffered material damage or mental harm caused by persons with authority in criminal proceedings during the conduct of such proceedings.

Article 2. Cases Entitled to Compensation

1. The State shall be liable to compensate for damages caused by persons conducting proceedings in criminal proceedings when such cases fall under one of the circumstances stipulated in Article 26 of the State Compensation Law.

2. Persons detained under the circumstances specified in Clause 1, Article 26 of the State Compensation Law shall be entitled to compensation for damages when there is a decision by an agency or person with authority in criminal proceedings to revoke the detention decision because that person did not commit any act of violation of the law which the competent authority cited as the basis for issuing the detention decision against them.

Example 1:The Public Security Department of County T temporarily detained Nguyen Van A along with eight other people in a gambling case at C's house. After investigation, it was determined that at the time, A went to C's house to repay a debt and was then detained, so the Investigative Agency issued a decision to revoke the 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 back to Vietnam and ordered their temporary detention. Upon investigation, it was found that their actions did not reach the level requiring criminal prosecution, thus the detention decision 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.

3. Persons under temporary custody under the circumstances specified in Clause 2, Article 26 of the State Compensation Law shall be entitled to compensation for damages when there is a decision by an agency or person with authority in criminal proceedings to revoke the temporary custody decision, terminate the investigation, terminate the case, or the Court has declared the defendant not guilty for one of the following reasons:

a) The person under temporary custody did not commit any act of violation of the law;

Example:Nguyen Van A was indicted and placed under temporary custody for the crime of murder. During the investigation, it was proven that A did not commit the act of murder. The Procuracy decided to revoke the temporary custody decision, and the Investigative Agency decided to terminate the investigation of the case against the accused A. In this case, Nguyen Van A is entitled to compensation for damages.

b) The person under temporary custody committed an act of violation of the law but that act was not a criminal offense as defined in the Penal Code;

c) The investigation period has expired without proving that the accused committed a crime.

4. Persons who have completed or are serving a fixed-term imprisonment, life imprisonment, or death sentence, or those who have been sentenced to death and executed, under the circumstances specified in Clause 2, Article 26 of the State Compensation Law shall be entitled to compensation for damages when a judgment or decision of the competent court that has taken legal effect determines that they did not commit a criminal act or their acts do not constitute a criminal offense.

Article 3. Cases Not Entitled to Compensation for Damage

The State shall not compensate for damage in the following cases:

1. Cases prescribed in Article 27 of the Law on Compensation for Damage Caused by Acts of State Organs and Their Officials.

a) A person falling within the category prescribed in Clause 1 of Article 27 of the Law on Compensation for Damage Caused by Acts of State Organs and Their Officials is a person exempted from criminal responsibility under Articles 19, 25, Clause 2 of Article 69, Clause 3 of Article 80, Clause 6 of Article 289, Clause 6 of Article 290, and Clause 3 of Article 314 of the Criminal Code.

b) A person falling within the category prescribed in Clause 2 of Article 27 of the Law on Compensation for Damage Caused by Acts of State Organs and Their Officials is a person who intentionally makes false statements or provides false evidence to take the blame for another person or to conceal crimes committed by others.

2. In the case where a person who has been indicted has committed acts dangerous to society as prescribed in the Criminal Code but is not subject to criminal responsibility and instead is subject to judicial measures under Article 43 or Article 70 of the Criminal Code due to their lack of criminal responsibility capacity (due to mental illness or other diseases causing loss of cognitive ability or control over their actions as prescribed in Article 13 of the Criminal Code) or because they have not yet reached the age of criminal responsibility (as prescribed in Article 12 of the Criminal Code).

Article 4. Authorities Responsible for Compensating for Damage

1. Investigative agencies and agencies assigned tasks to conduct certain investigative activities shall be responsible for compensating for damage as prescribed in Article 30 of the Law on Compensation for Damage Caused by Acts of State Organs and Their Officials, specifically in the following cases:

a) Issuing a decision to detain a person, but the competent Procuracy has decided to revoke that detention decision because the detained person did not commit any violation of the law;

b) Issuing a decision to indict a suspect, but the competent Procuracy does not approve that indictment decision because the indicted person did not commit a crime;

c) Issuing a decision to detain a person, but subsequently revoking that detention decision because the detained person did not commit any violation of the law.

2. The Procuracy shall be responsible for compensating for damage in the following cases:

a) Cases as prescribed in Article 31 of the Law on Compensation for Damage Caused by Acts of State Organs and Their Officials;

b) Where the Procuracy has approved a decision to indict a suspect or the Procuracy has issued a decision to indict a suspect, but the indicted suspect was not detained or arrested, and later a decision by a competent authority in criminal proceedings determines that the person did not commit a crime and they fall within the category entitled to compensation as prescribed in Clause 3 of Article 26 of the Law on Compensation for Damage Caused by Acts of State Organs and Their Officials, then the agency responsible for compensating for damage is the Procuracy that approved the indictment decision or the Procuracy that issued the indictment decision;

c) Where the Procuracy has approved a decision to indict a suspect, but the indicted suspect was not detained or arrested during the investigation and prosecution stages, and after transferring the file to the Court for trial, the Court decides to apply pre-trial detention; subsequently, the first-instance Court acquits the defendant of the crime or returns the file for supplementary investigation, but the suspect is then discontinued from investigation because they did not commit a crime and they fall within the category entitled to compensation as prescribed in Clause 3 of Article 26 of the Law on Compensation for Damage Caused by Acts of State Organs and Their Officials, then the Procuracy that approved the indictment decision shall be responsible for compensating for damage.

3. Courts shall be responsible for compensating for damage in the cases prescribed in Article 32 of the Law on Compensation for Damage Caused by Acts of State Organs and Their Officials.

4. In the case where the agency responsible for compensating for damage has been divided, merged, consolidated, dissolved, or there has been a delegation to perform public duties, the determination of the agency responsible for compensating for damage shall be carried out according to the provisions of Point a and Point c of Clause 2 of Article 14 of the Law on Compensation for Damage Caused by Acts of State Organs and Their Officials.

Example: Nguyen Van T was prosecuted by the People's Procuracy of Province HT (before the merger of HT with HN) for the crime of misappropriation of assets through abuse of trust, the People's Court of Province HT pronounced Nguyen Van T not guilty at the first-instance trial, and the judgment became legally binding. After the merger of HT with HN, Nguyen Van T requested compensation for damage, the agency responsible for resolving the compensation claim is the People's Procuracy of City HN.

Chapter II

DETERMINATION OF COMPENSABLE DAMAGE

Article 5. Actual Damages

Actual damages to be compensated are real damages that the victim must bear, including: material damages and damages due to mental distress.

1. Material damages within the State's liability for compensation in criminal proceedings include: damages caused by the infringement of property as stipulated in Article 45 of the Civil Compensation Law for Criminal Offenses; damages due to actual loss or reduction in income as stipulated in Article 46 of the Civil Compensation Law for Criminal Offenses; material damages due to the death of the person entitled to compensation as stipulated in Article 48 of the Civil Compensation Law for Criminal Offenses; material damages due to harm to health as stipulated in Article 49 of the Civil Compensation Law for Criminal Offenses; actual expenses incurred by the victim during investigation, prosecution, and trial such as hiring defense counsel fees, travel expenses.

2. Damages due to mental distress within the State's liability for compensation in criminal proceedings include: damages due to mental distress during detention, pre-trial detention, or serving a custodial sentence as stipulated in Clause 2 of Article 47 of the Civil Compensation Law for Criminal Offenses; damages due to mental distress in cases where the victim dies as stipulated in Clause 3 of Article 47 of the Civil Compensation Law for Criminal Offenses; damages due to mental distress in cases where health is infringed upon as stipulated in Clause 4 of Article 47 of the Civil Compensation Law for Criminal Offenses; damages due to mental distress in cases where the person is indicted, prosecuted, or tried without being detained or placed under non-custodial correctional measures or suspended sentences as stipulated in Clause 5 of Article 47 of the Civil Compensation Law for Criminal Offenses.

Article 6. Damages Caused by Infringement of Property

1. Damages caused by the infringement of property are determined according to Article 45 of the Civil Compensation Law for Criminal Offenses. When applying Article 45 of the Civil Compensation Law for Criminal Offenses, the following points should be noted:

a) The market price specified in Clause 1 and Clause 2 of Article 45 of the Civil Compensation Law for Criminal Offenses is the market price at the time of compensation settlement and in the locality where the damage occurred;

b) In cases where the damage arises from the failure to use or exploit leased property before it was seized, the actual loss of income is calculated as follows:

- For lease contracts involving operational leasing, the actual loss of income is determined based on the rental price of similar assets or assets with the same technical standards, functions, and quality at the time of compensation settlement;

- For financial lease contracts, the actual loss of income is the remaining value of the contract.

c) In cases where the infringed property is land use rights, housing, construction works, and other assets attached to land, the compensation amount is determined according to Article 45 of the Civil Compensation Law for Criminal Offenses and relevant laws on land, construction, and housing.

2. The interest calculation period for amounts specified in Clause 4 of Article 45 of the Civil Compensation Law for Criminal Offenses is calculated from the date the victim pays the money into the state budget, has it confiscated, executed, or deposited as security with the competent authority until the date the decision on compensation is issued by the responsible compensation agency or the date the court's judgment or decision on compensation becomes legally effective.

Article 7. Damage due to actual income lost or reduced

1. The person suffering damage (including in cases where they have died) shall only be compensated for the actual income lost during the period they were under temporary detention, pre-trial detention, or serving a custodial sentence.

2. The actual income lost or reduced of the person suffering damage shall be determined as follows:

a) The basis for determining the actual income lost or reduced of the person suffering damage is stipulated in Article 46 of the Civil Compensation Law;

b) In cases where, prior to being under temporary detention, pre-trial detention, or serving a custodial sentence, the person suffering damage had stable income from salary within the payroll, wages from labor contracts, then the amount of salary or wage of the month immediately preceding when that person was under temporary detention, pre-trial detention, or serving a custodial sentence shall be the basis for determining the actual income lost;

c) In cases where, prior to being under temporary detention, pre-trial detention, or serving a custodial sentence, the person suffering damage had employment and received regular income monthly but with varying levels of income, then the average income of the three months immediately preceding when they were under temporary detention, pre-trial detention, or serving a custodial sentence shall serve as the basis for determining the actual income lost;

d) In cases where, prior to being under temporary detention, pre-trial detention, or serving a custodial sentence, the person suffering damage was a farmer, fisherman, salt worker, forest grower, hired worker, small trader, artisan, other laborer, actually having income but seasonal or intermittent, then the average income of similar laborers in the locality shall be taken as the basis. The average income level is determined by the local authority where the person suffering damage resides. If the average income level cannot be determined, the compensation amount shall be based on the general minimum wage set by the State at the time of compensation resolution (hereinafter referred to as the minimum wage) to determine the actual income lost.

3. If the person suffering damage has been paid salary or labor wages by the agency or employer according to labor laws and social insurance during the period of temporary detention, pre-trial detention, or serving a custodial sentence, they shall not receive corresponding compensation. If the person suffering damage has been partially paid salary or labor wages by the agency or employer, the remaining part shall be considered as reduced actual income and they shall be compensated for that reduced income.

Article 8. Material damage in cases where the person suffering damage dies

1. Reasonable expenses for medical treatment, care, and nursing of the person suffering damage before death as stipulated in Clause 1, Article 48 of the Civil Compensation Law are actual necessary expenses, appropriate to the nature and extent of the damage, consistent with the average price at each locality at the time of expenditure, including: fees for transportation means to take the person suffering damage to emergency care at a healthcare facility; drug and medical equipment purchase fees; costs for X-ray, CT scan, ultrasound, laboratory tests, surgery, blood transfusion as prescribed by the doctor; hospitalization fees; nutrition and health recovery support fees for the person suffering damage as prescribed by the doctor; other actual necessary expenses before the person suffering damage dies (if any).

2. Expenses for funeral services for the deceased person suffering damage as stipulated in Clause 2, Article 48 of the Civil Compensation Law shall be determined according to the funeral allowance provided by social insurance laws.

3. The persons for whom the person suffering damage was fulfilling maintenance obligations as stipulated in Clause 3, Article 48 of the Civil Compensation Law and the duration of maintenance payments for each person shall be implemented according to the provisions of marriage and family laws.

Article 9. Material damage due to harm to health

1. Reasonable expenses for medical treatment, care, recovery of health and lost or diminished functions of the person suffering damage as stipulated in Clause 1, Article 49 of the Civil Compensation Law include: the costs guided in Clause 1, Article 8 of this Circular and costs for installing artificial limbs, eyes, wheelchairs, walking aids, and aesthetic restoration, and other costs to support or replace part of the body's lost or diminished functions (if any).

If state agencies have paid all these costs, the person suffering damage shall not be compensated; if state agencies have paid only part of these costs, the person suffering damage shall be compensated for the remaining costs.

2. Reasonable expenses and actual income loss of the caregiver during the treatment period as stipulated in Clause 3, Article 49 of the Civil Compensation Law shall be determined as follows:

a) The person suffering damage shall only be compensated for reasonable expenses and actual income loss of the caregiver if such care is necessary or required by the healthcare facility.

b) Reasonable expenses of the caregiver during the treatment period include travel expenses for transportation and rental fees for accommodation at local average prices where the expenses arise (if any).

c) Actual income loss of the caregiver during the treatment period shall be determined according to Article 46 of the Civil Compensation Law and guided in Clause 2, Article 7 of this Joint Circular.

3. The person suffering damage who has lost their 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 prescribed by competent state authorities. Reasonable expenses for the constant care of the person suffering damage who has lost their ability to work as stipulated in Clause 4, Article 49 of the Civil Compensation Law shall be calculated based on the average wage paid for caregivers of disabled persons in the locality where the person suffering damage resides.

Article 10. Damage due to mental distress

1. Damage due to mental distress during the period of temporary detention, pre-trial detention, serving a custodial sentence, or during the investigation, prosecution, trial, and enforcement of sentences without temporary detention, pre-trial detention, or custodial sentences with fixed terms (including cases of enforcement outside imprisonment) as stipulated in Clause 2, Article 47 of the Civil Compensation Law or Clause 5, Article 47 of the Civil Compensation Law shall be determined as follows:

a) One day's minimum wage is determined by dividing the national minimum wage applicable to civil servants working in administrative state agencies at the time of compensation settlement by 22, which is the average number of working days per month.

Example:At the time of issuance of this Joint Circular, the national minimum wage is 830,000 VND, therefore one day's minimum wage will be: 830,000 VND ÷ 22 = 37,723 VND.

b) The period for calculating compensation for damage is from the date the person suffering damage was temporarily detained or charged until the date when the competent authority's decision in criminal proceedings determines that the person did not commit a violation of the law or a crime subject to compensation as stipulated in Article 26 of the Civil Compensation Law and guided in Article 2 of this Joint Circular. Specifically, the number of days of temporary detention, pre-trial detention, and serving a custodial sentence and the number of days released on bail must be determined.

Example 1:Mr. A was temporarily detained and charged as a suspect from December 1, 2009; after the temporary detention period expired, he continued to be subjected to pre-trial detention. On March 1, 2010, Mr. A was released on bail. On March 20, 2010, the investigating agency decided to terminate the investigation against Mr. A due to his non-committal of a crime. In this case, the damage due to mental distress that Mr. A is entitled to compensation is as follows:

- The actual number of days of temporary detention and pre-trial detention is: 31 days (of December 2009) + 31 days (of January 2010) + 29 days of February 2010 = 91 days;

- The number of days not under temporary detention or pre-trial detention (released on bail) eligible for compensation is 20 days (from March 1, 2010 to March 20, 2010);

- The number of days eligible for compensation at the minimum wage rate is: (91 days x 3) + 20 days = 293 days;

In this example, the amount of compensation that Mr. A receives from the State is: 293 days x 37,723 VND = 10,920,989 VND.

Example 2:Mr. B was temporarily detained from January 1, 2010, and the investigative agency extended the temporary detention twice, first on January 3, 2010, and second on January 6, 2010 (the prosecutor approved the extension). On January 7, 2010, the prosecutor canceled the temporary detention order and the investigative agency released Mr. B because there was insufficient evidence to charge him as a suspect. In this case, the damage due to mental distress that Mr. B is entitled to compensation is as follows:

- The actual number of days Mr. B was temporarily detained is: 8 days;

- The number of days eligible for compensation at the minimum wage rate is: 8 x 3 = 24 days;

- The amount of compensation that Mr. B receives from the State is: 24 days x 37,723 VND = 905,352 VND.

Example 3.Mr. C was charged as a suspect (but not temporarily detained or pre-trial detained) from January 1, 2010. On March 20, 2010, the investigative agency decided to terminate the investigation against Mr. C due to his non-committal of a crime. In this case, the damage due to mental distress that Mr. C is entitled to compensation is as follows:

- The number of days Mr. C is eligible for compensation is: 80 days (31 days of January 2010 + 29 days of February 2010 + 20 days of March 2010);

- The amount of compensation that Mr. C receives from the State is: 80 days x 37,723 VND = 3,017,840 VND.

2. Damage due to mental distress in the event of death of the person suffering damage as stipulated in Clause 3, Article 47 of the Civil Compensation Law shall be determined as follows:

a) In case the person suffering damage dies during the period of detention, pre-trial detention, serving a sentence without being due to their own fault or due to force majeure, they shall be compensated for damages amounting to three hundred sixty months of the national minimum wage stipulated by the State at the time of compensation settlement. In this case, the amount of compensation for damages due to mental distress as prescribed in Clause 2 and Clause 5, Article 47 of the Civil Compensation Law shall not be added. This is in accordance with the guidance provided in Clause 1 of this Article.

b) In case the person suffering damage dies during the period of detention, pre-trial detention, serving a sentence due to their own fault or due to force majeure, they shall not be compensated for damages due to mental distress as prescribed in Clause 3, Article 47 of the Civil Compensation Law but only for damages due to mental distress as prescribed in Clause 2, Article 47 of the Civil Compensation Law and in accordance with the guidance provided in Clause 1 of this Article.

The amount of compensation for damages due to mental distress is the total compensation paid to the relatives of the person suffering damage (spouse, biological father, biological mother, adoptive father, adoptive mother, biological child, adopted child of the person suffering damage, person who directly raised the person suffering damage). Those entitled to compensation in this case must still be alive at the time the person suffering damage died.

3. Damages due to mental distress are compensated as an additional amount of damage determined outside those damages specified in Articles 45, 46, 48, and 49 of the Civil Compensation Law.

Chapter III

PROCEDURE FOR SETTLING COMPENSATION

Article 11. Claim Compensation File

1. The person suffering damage, the relatives of the person suffering damage, or their legitimate representatives must submit a claim for compensation to the agency responsible for compensation as prescribed in Clause 1, Article 34 of the Civil Compensation Law. The claim for compensation must include the main contents as prescribed in Clause 2, Article 34 of the Civil Compensation Law and other contents according to Form No. 01a, 01b attached hereto.

2. Accompanying the claim for compensation must be the following documents:

a) Decisions or judgments that have become legally binding as the basis for determining the cases eligible for compensation as prescribed in Article 26 of the Civil Compensation Law and the guidance provided in Article 2 of this Joint Circular;

b) Original or certified true copy of one of the identity documents of the person suffering damage. In case the person suffering damage does not directly submit the claim for compensation but their legitimate representative does so on their behalf, there must be a power of attorney from the person suffering damage and documents proving the identity of the authorized person such as: identity card or confirmation from the local authority where the person suffering damage resides or confirmation from the organization where the person suffering damage works;

In case the person suffering damage dies and their relatives submit a claim for compensation, there must be documents proving their relationship with the person suffering damage such as: household registration book, marriage certificate, birth certificate, identity card of the person claiming compensation... or confirmation from the local authority where the person suffering damage resides or confirmation from the organization where the person suffering damage works confirming that the person suffering damage is a relative of the person claiming compensation.

c) Valid documents and vouchers to prove reasonable expenses and income of the person suffering damage before being detained, pre-trial detention, serving a sentence (if any).

Article 12. Determination of the Statute of Limitations for Compensation Claims

According to Clause 1 of Article 5 of the Law on Compensation for Damage Caused by Criminal Acts, the statute of limitations for compensation claims is two years from the date when the judgment or decision of the criminal proceedings authority becomes legally effective, determining that the person suffering damage did not commit a violation of the law or did not commit a crime for which compensation is provided under one of the cases stipulated for compensation. The determination of the date of the compensation claim for calculating the statute of limitations shall be carried out as follows:

1. In the case where the person making the compensation claim directly submits the dossier to the competent authority for handling the compensation, the date of the compensation claim is the date of submission of the dossier.

2. In the case where the person making the compensation claim sends the dossier through the post office, the date of the compensation claim is the date indicated by the post office stamp on the envelope. In the case where it is not possible to determine the day, month, and year according to the post office stamp on the envelope, the following shall apply:

a) If the date when the competent authority for handling the compensation receives the dossier sent by the post office is within the statute of limitations for the compensation claim, then the date of the compensation claim is the date the dossier was received by the post office.

b) If the date when the competent authority for handling the compensation receives the dossier sent by the post office is outside the statute of limitations for the compensation claim, then the competent authority for handling the compensation must verify the date when the claimant submitted the dossier at the post office and distinguish as follows:

- If it is verified that the date when the claimant submitted the dossier at the post office can be determined, then the date of the compensation claim is the date the dossier was submitted at the post office;

- If it is not possible to verify the date when the claimant submitted the dossier at the post office, then the date of the compensation claim is the date recorded in the compensation claim request.

Article 13. Acceptance of Compensation Claim Requests

1. When receiving a compensation claim dossier, the authority responsible for compensation must check and determine the validity of the request and accompanying documents. In the case where the dossier is incomplete, the authority must guide the claimant to supplement the dossier.

2. Within five working days from the date of receipt of the valid request and documents, if it is determined that the compensation claim falls within its responsibility, the authority that received the dossier must accept the claim and notify the claimant in writing about the acceptance of the claim. In the case where the authority receiving the claim considers that the matter does not fall within its responsibility, it must respond in writing, stating the reasons, return the dossier, and guide the claimant to submit the claim to the authority responsible for compensation as stipulated in Article 34 of the Law on Compensation for Damage Caused by Criminal Acts and according to the guidance in Article 4 of this Circular.

Article 14. Organization of Compensation Settlement

1. Within three working days from the date of acceptance of the compensation claim request, the head of the criminal proceedings authority responsible for compensation must issue a decision appointing a representative to handle the compensation settlement.

In the case where the head of the authority responsible for compensation is the person conducting the criminal proceedings who caused the damage or is the spouse (or husband), paternal grandfather, paternal grandmother, maternal grandfather, maternal grandmother, biological father, adopted father, biological mother, adopted mother (of the spouse or husband), biological child, adopted child, brother, sister, half-brother, half-sister (of the spouse or husband), grandson, granddaughter of the person conducting the criminal proceedings who caused the damage or of the person suffering damage (hereinafter referred to collectively as the related party), then the leadership collective of the authority must discuss and unanimously appoint a leading representative of the authority to be responsible for the compensation settlement.

2. The representative handling the compensation settlement must meet the following conditions:

a) Is a judicial officer (Investigator, Prosecutor, Judge) holding the following positions:

- At the district level: Head or Deputy Head of the Investigation Agency; District People's Procuratorate Procurator or Deputy Procurator; President or Vice-President of the People's Court;

- At the provincial level: A department-level leader or equivalent authorized by the Head of the criminal proceedings agency;

- At the central level: Head or Deputy Head of the Investigation Agency; Head or Deputy Head of the agency assigned tasks to conduct certain investigative activities; Department-level leader or Deputy Procurator of the Central Military Procuracy authorized by the Supreme People's Procurator; President or Vice-President of the Military Appeals Court or President or Vice-President of the Criminal Division of the Supreme People's Court, Deputy President of the Central Military Court authorized by the President of the Supreme People's Court;

b) Has experience working in the field of criminal proceedings;

c) Is not a related party of the public servant who caused the damage or of the person suffering damage.

3. The representative handling the compensation settlement must be accountable to the head of the authority responsible for compensation regarding the compensation settlement and have duties and powers as prescribed in Article 8 of Decree No. 16/2010/ND-CP dated March 3, 2010 of the Government detailing and guiding the implementation of some provisions of the Law on Compensation for Damage Caused by Criminal Acts.

Article 15. Damage Verification

Within five working days from the date of acceptance of the compensation claim request, the representative must organize the verification of the damage. The verification of the damage shall be based on the evidence and materials provided by the claimant. In cases where necessary as stipulated in Clause 2 and Clause 3 of Article 18 of the Law on Compensation for Damage Caused by Criminal Acts, the authority responsible for compensation may request other agencies or organizations to appraise property value, assess property damage, assess health damage, or seek opinions from relevant agencies on the compensation settlement.

The deadline for verifying the damage is twenty days from the date of acceptance of the compensation claim request; in cases with many complex circumstances or requiring verification at multiple locations, the verification period may be extended but not exceeding forty days.

Article 16. Negotiation on Compensation

1. Within three working days from the end of the damage verification process, the representative handling the compensation settlement must negotiate with the person suffering damage or their relatives regarding the compensation for the damage.

The negotiation period is thirty days from the end of the damage verification process; in cases with many complex circumstances, the negotiation period may be extended but not exceeding forty-five days.

2. In cases where the injured party has died and there are multiple dependents, the dependents must appoint one representative to negotiate compensation matters. The appointment of the representative must be documented in writing.

3. The participants in the negotiation include the person responsible for handling the compensation and the injured party or their lawful representative.

4. The negotiation shall take place at the office of the compensation handling agency or at the office of the People's Committee of the commune, ward, town where the injured party resides or works.

5. During the negotiation, consideration must be given to the items of damage claimed for compensation in the claim request, along with accompanying documents and materials. The basis for determining which items of damage are compensable and the level of compensation shall be based on the provisions of Articles 45, 46, 47, 48, and 49 of the Civil Compensation Law; other regulations concerning systems, standards, and quotas set by the State (if applicable); and the guidelines provided in this Joint Circular.

6. The negotiation must be recorded in a protocol detailing the contents as prescribed in Clause 4 of Article 19 of the Civil Compensation Law and according to Model Nos. 02a and 02b issued together with this Joint Circular.

Article 17. Decision on Compensation Resolution

1. According to the provisions of Article 20 of the Civil Compensation Law, in both cases where negotiations are successful and unsuccessful, the responsible compensation agency must issue a decision on compensation resolution.

Within the latest period of 10 days from the end of the negotiation, based on the results of the damage verification, the results of the negotiation with the injured party or their lawful representative, and the opinions of related agencies (if any), the head of the responsible compensation agency must issue a decision on compensation resolution.

The decision on compensation resolution must contain the main contents as prescribed in Clause 1 of Article 20 of the Civil Compensation Law and according to Model Nos. 03a and 03b issued together with this Joint Circular.

2. The decision on compensation resolution must be immediately sent to the injured party, the direct superior agency of the responsible compensation agency, and the person conducting litigation causing the damage.

3. The decision on compensation resolution takes effect 15 days after the injured party receives the decision, except in cases where the injured party disagrees and initiates a lawsuit with the Court.

Article 18. Delivery of the Decision on Compensation Resolution to the Compensated Party

1. The delivery of the decision on compensation resolution to the compensated party shall be carried out by one of the following persons:

a) A representative of the responsible compensation agency;

b) A representative of the People's Committee of the commune where the individual injured party resides or the organization injured party has its headquarters, in cases where the decision on compensation resolution is delivered through the People's Committee of the commune;

c) Other persons as prescribed by law (for example: Notary Public...).

2. Procedure for delivering the decision on compensation resolution:

a) The person carrying out the delivery of the decision on compensation resolution must directly deliver it to the compensated party. The compensated party must sign the receipt or handover book for the decision on compensation resolution. The date of the compensated party's signature is considered the date of receipt of the decision on compensation resolution.

b) In cases where the compensated party is absent, the decision on compensation resolution may be delivered to a co-resident relative who has full civil capacity. The relative of the compensated party must sign the receipt or handover book for the decision on compensation resolution. The date of the relative's signature is considered the date the compensated party received the decision on compensation resolution.

If the compensated party does not have a co-resident relative with full civil capacity or if they refuse to accept the decision on compensation resolution on behalf of the compensated party, the decision on compensation resolution may be delivered through the People's Committee of the commune where the compensated party resides.

In cases where the decision on compensation resolution is delivered through another person, the person carrying out the delivery must prepare a protocol clearly stating that the compensated party was absent, to whom the decision on compensation resolution was delivered; the reason; the date and time of delivery; the relationship between the proxy and the injured party; and the commitment to immediately hand over the decision on compensation resolution directly to the compensated party. The protocol must have the signatures of the proxy receiving the decision on compensation resolution and the person carrying out the delivery, as well as a witness.

3. In cases where the compensated party is absent and the return time or address is unknown, the person carrying out the delivery must prepare a protocol regarding the inability to deliver the decision. The protocol must have the signature of the person providing information about the compensated party.

4. In cases where the compensated party refuses to accept the decision on compensation resolution, the person carrying out the delivery must prepare a protocol clearly stating the reason for the refusal.

Article 19. Restoring the reputation of the victim

1. The restoration of the reputation of the victim in criminal proceedings shall be carried out in accordance with Article 51 of the Civil Compensation Law.

2. The representative of the agency responsible for compensation must carry out an apology to the victim who is one of those persons specified inpoint a, Clause 2, Article 14 of this Joint Circular.

3. The location for conducting the apology shall be the place of residence or workplace of the victim. The agency responsible for compensation must notify the time and location of the apology to the agency where the victim works, the local authority where the victim resides, and the political-social organization to which the victim belongs so that these agencies and organizations can send representatives to attend.

Chapter IV

PAYMENT OF COMPENSATION, SETTLEMENT OF DISPUTES REGARDING COMPENSATION LIABILITY

Article 20. Payment of compensation

Based on the effective decision on compensation issued by the agency responsible for compensation or the effective judgment or decision of the Court, the agency responsible for compensation shall implement the issuance and payment of compensation to the person entitled to compensation in accordance with Article 54 of the Civil Compensation Law and the guidelines of the Ministry of Finance and the Ministry of Justice regarding the preparation of budget estimates, management, use, and settlement of funds for the implementation of state compensation liability.

Article 21. Resolution of disputes regarding compensation liability

During the process of implementing compensation for damage in criminal proceedings, if there is a dispute over compensation liability among competent authorities in criminal proceedings, the resolution of such disputes shall be as follows:

1. In cases of disputes between competent authorities within the same department in criminal proceedings, the head of the higher-level agency directly supervising those agencies shall examine and resolve the dispute.

2. In cases of disputes between competent authorities in criminal proceedings belonging to different departments, the heads of the relevant departments shall cooperate with each other to examine and resolve the dispute.

Chapter V

IMPLEMENTING PROVISIONS

Article 22. Effectiveness

1. This Circular takes effect forty-five (45) days from the date of issuance.

2. This Circular replaces Joint Circular No. 04/2006/TTLT-VKSNDTC-TANDTC-BCA-BTP-BQP-BTC dated November 22, 2006, issued by the Supreme People's Procuracy, the Supreme People's Court, the Ministry of Public Security, the Ministry of Justice, the Ministry of National Defense, and the Ministry of Finance guiding the implementation of certain provisions of Resolution No. 388/2003/UBTVQH11 dated March 17, 2003, of the Standing Committee of the National Assembly on compensation for damage caused to innocent victims by authorized persons in criminal proceedings.

Article 23. Implementation Organization

During the implementation process, if there are difficulties or issues requiring further explanation or supplementary guidance, it is recommended that agencies, organizations, and individuals report to the Supreme People's Procuracy, the Supreme People's Court, the Ministry of Public Security, the Ministry of Justice, the Ministry of National Defense, the Ministry of Finance, and the Ministry of Agriculture and Rural Development for timely clarification or supplementary guidance.