Joint Circular No. 05/2012/TTLT-VKSNDTC-TANDTCBCA-BTP-BQP-BTC-BNN&PTNT guiding the implementation of the State's liability for compensation in criminal proceedings activities

JOINT CIRCULAR

Guidelines for Implementing State Compensation Liability

in criminal proceedings

__________________

To implement correctly and uniformly the provisions of the Law on State Responsibility for Compensation regarding state responsibility for compensation in criminal proceedings, the Supreme People's Procuratorate, 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 joint circular:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This joint circular guides the implementation of certain provisions of the Law on State Responsibility for Compensation (hereinafter referred to as the Law on State Compensation Liability) concerning the state's responsibility for compensation to persons who have suffered material damage or mental harm caused by persons with authority in criminal proceedings during the conduct of criminal proceedings.

Article 2. Cases Entitled to Compensation

1. The State shall be responsible for compensating 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 Law on State Compensation Liability.

2. Persons subject to temporary detention falling under Clause 1 of Article 26 of the Law on State Compensation Liability 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 detention decision because that person did not commit the unlawful act cited by the competent authority as the basis for issuing the temporary detention decision against them.

Example 1Example: The Public Security Bureau 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 temporary detention decision against A. In this case, Nguyen Van A is entitled to compensation for damages.

Example 2Example: 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 temporary 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.

a) The person subject to pretrial detention did not commit any unlawful acts;

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

b) The person subject to pretrial detention committed unlawful acts but those acts were not criminal offenses as defined in the Penal Code;

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

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

Article 3. Cases Not Entitled to Compensation for Damages

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

1. Cases stipulated in Article 27 of the Law on Compensation for Damage Caused by Acts Contrary to the Law.

a) A person who falls under the subject defined in Clause 1 of Article 27 of the Law on Compensation for Damage Caused by Acts Contrary to the Law is exempted from criminal responsibility according to the provisions of 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 who falls under the subject defined in Clause 2 of Article 27 of the Law on Compensation for Damage Caused by Acts Contrary to the Law intentionally provides false information or materials to take the blame for another person or to conceal crimes committed by others.

2. In cases where a person who has been indicted has committed acts harmful to society as prescribed in the Criminal Code but is not criminally responsible and instead subjected to judicial measures under Articles 43 or 70 of the Criminal Code due to lack of criminal responsibility capacity (mental illness or other diseases that impair cognitive or control abilities as stipulated in Article 13 of the Criminal Code) or because they have not reached the age of criminal responsibility (as stipulated in Article 12 of the Criminal Code).

Article 4. Authorities Responsible for Compensating Damages

1. Investigative agencies and agencies entrusted with conducting certain investigative activities shall be responsible for compensating damages as prescribed in Article 30 of the Law on Compensation for Damage Caused by Acts Contrary to the Law, 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 damages in the following cases:

a) Cases as prescribed in Article 31 of the Law on Compensation for Damage Caused by Acts Contrary to the Law;

b) Where the Procuracy has approved a decision to indict or the Procuracy has issued a decision to indict, but the indicted person was not detained or arrested during the investigation or prosecution phase, and later a decision by a competent authority in criminal proceedings determines that the person did not commit a crime and is entitled to compensation for damages as prescribed in Clause 3 of Article 26 of the Law on Compensation for Damage Caused by Acts Contrary to the Law, then the agency responsible for compensating damages is the Procuracy that approved the indictment decision or issued the indictment decision;

c) Where the Procuracy has approved a decision to indict, but the indicted person was not detained or arrested during the investigation or prosecution phase, and after transferring the case file to the Court for trial, the Court decides to apply pre-trial detention, and subsequently the first-instance Court acquits the defendant of the crime or returns the case file for supplementary investigation, but the suspect is then discontinued from investigation for not committing a crime and is entitled to compensation for damages as prescribed in Clause 3 of Article 26 of the Law on Compensation for Damage Caused by Acts Contrary to the Law, then the Procuracy that approved the indictment decision shall be responsible for compensating damages.

3. The Court shall be responsible for compensating damages in cases prescribed in Article 32 of the Law on Compensation for Damage Caused by Acts Contrary to the Law.

4. In cases where the agency responsible for compensating damages has been divided, merged, consolidated, dissolved, or there is a delegation of duties, the determination of the agency responsible for compensating damages 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 Contrary to the Law.

ExampleNguyen Van T was prosecuted by the People's Procuracy of Province HT (before the merger of HT with HN) for the crime of misusing trust to embezzle property. The People's Court of Province HT pronounced Nguyen Van T not guilty at the first-instance trial, and the judgment became legally effective. After the merger of HT with HN, Nguyen Van T requested compensation for damages, and 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 caused by the loss or reduction of actual 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, transportation costs.

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 reform or suspended sentence as stipulated in Clause 5 of Article 47 of the Civil Compensation Law for Criminal Offenses.

Article 6. Damages Due to Infringement of Property

1. Damages due to 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, and there was a lease agreement for that property prior to seizure, the lost actual income is calculated into the compensable damages as follows:

- For leases of operational assets, the lost actual income is determined based on the rental price of similar assets or assets with the same technical standards, functions, effects, and quality at the time of compensation settlement;

- For financial leases, the lost actual income is the remaining value of the lease contract;

c) In cases where the infringed property is land use rights, housing, construction works, and other assets attached to land, the compensable damages are 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 the amounts specified in Clause 4 of Article 45 of the Civil Compensation Law for Criminal Offenses is from the date the victim pays the money into the state budget, the date of confiscation, enforcement, or depositing money as security with the competent authority until the date of issuance of the decision on compensation settlement by the responsible compensation agency or the effective date of the court judgment or decision regarding compensation settlement.

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 or wages from labor contracts, then the amount of salary or wages of the month immediately preceding their temporary detention, pre-trial detention, or serving a custodial sentence shall be used as the basis to determine 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 monthly income, but with varying levels of income, then the average income of the three months immediately preceding their temporary detention, pre-trial detention, or serving a custodial sentence shall be used as the basis to determine 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, or other type of laborer, with actual income but earned according to seasonal work or intermittently, then the average income level of similar types of labor in the locality shall be used as the basis to determine the actual income lost. The average income level shall be 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 wages by the agency or employer in accordance with labor laws and social insurance regulations 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 wages by the agency or employer, the remaining portion shall be considered as the actual income reduced 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 consistent with the nature and extent of the damage, consistent with the average price in each locality at the time of expenditure, including: fees for transportation means to take the person suffering damage to emergency medical facilities; drug costs and costs for purchasing medical equipment; expenses for X-rays, CT scans, ultrasounds, laboratory tests, surgery, and blood transfusions as prescribed by doctors; hospital fees; nutrition and health recovery supplements for the person suffering damage as prescribed by doctors; other actual necessary expenses before the death of the person suffering damage (if any).

2. Expenses for funeral arrangements 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 in accordance with family law regulations.

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 expenses guided in Clause 1, Article 8 of this Circular and expenses for artificial limbs, eyes, wheelchairs, baby carriages, walking sticks, and aesthetic restoration, and other expenses to support or replace part of the body's lost or diminished functions (if any).

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

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 costs for transportation, accommodation rental fees 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 locally for caregivers of disabled persons 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 as stipulated in Clause 2, Article 47 of the Civil Compensation Law or during the period of investigation, prosecution, trial, and enforcement without temporary detention, pre-trial detention, or serving a custodial sentence with a fixed term (including cases of enforcement outside imprisonment) as stipulated in 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 set by the State 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 set by the State is VND 830,000, therefore one day's minimum wage will be: VND 830,000 ÷ 22 = VND 37,723.

b) The period for calculating compensation for damage is determined from the date the person suffering damage was temporarily detained or indicted until the date when the competent authority's decision in criminal proceedings determines that they did not commit a violation of the law or a crime subject to compensation under 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 indicted as a suspect from December 1, 2009; upon expiration of the temporary detention period, Mr. A continued to be subjected to pre-trial detention measures. 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 on the grounds that he did not commit a crime. In this case, the damage due to mental distress that Mr. A is entitled to compensation for 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 in 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 calculated 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 VND 37,723 = VND 10,920,989.

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

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

- The number of days eligible for compensation calculated 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 VND 37,723 = VND 905,352.

Example 3: Mr. C was indicted 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 on the grounds that he did not commit a crime. In this case, the damage due to mental distress that Mr. C is entitled to compensation for 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 VND 37,723 = VND 3,017,840.

2. Damage due to mental distress in the event of the 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 cases where the person suffering damage dies during their period of detention, pre-trial custody, or serving a sentence without it being due to their own fault or an unforeseeable event, they shall be compensated for damages at three hundred sixty months of the national minimum wage as stipulated by the State at the time of compensation. In this case, additional compensation for mental distress losses as prescribed in Clause 2 and Clause 5, Article 47 of the Civil Compensation Law shall not be calculated.

b) In cases where the person suffering damage dies during their period of detention, pre-trial custody, or serving a sentence due to their own fault or an unforeseeable event, they shall not be compensated for mental distress losses as prescribed in Clause 3, Article 47 of the Civil Compensation Law but shall only be compensated for mental distress losses as prescribed in Clause 2, Article 47 of the Civil Compensation Law and as guided in Clause 1 of this Article.

The amount of compensation for mental distress losses is the total compensation for the relatives of the person suffering damage (spouse, father, mother, adoptive father, adoptive mother, biological child, adopted child of the person suffering damage, or persons 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 for mental distress losses are compensable amounts determined outside those 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, relatives of the person suffering damage, or their lawful representatives must submit a claim for compensation to the responsible compensation agency 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 01a, 01b attached to this Joint Circular.

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 under Article 26 of the Civil Compensation Law and as guided in Article 2 of this Joint Circular;

b) An original or certified copy of one of the identity documents of the person suffering damage. If the person suffering damage does not directly submit the claim for compensation themselves but their lawful representative submits it on their behalf, then there must be a power of attorney from the person suffering damage and documents proving the identity of the authorized person such as: citizen identification 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 cases where the person suffering damage has died and their relatives submit a claim for compensation, they must provide documents proving their relationship with the person suffering damage such as: household registration book, marriage certificate, birth certificate, citizen identification card of the person claiming compensation... or confirmation from the local authority where the person suffering damage resided or confirmation from the organization where the person suffering damage worked confirming that the person suffering damage is a relative of the person claiming compensation.

c) Valid documents and receipts to prove reasonable expenses and income of the person suffering damage before detention, pre-trial custody, or serving a sentence (if applicable).

Article 12. Determination of the Limitation Period for Claiming Compensation

According to Clause 1, Article 5 of the Civil Compensation Law, the limitation period for claiming compensation is two years from the date of the judgment or decision of the criminal proceedings authority that has taken legal effect, determining that the person suffering damage did not commit a violation of the law or did not commit a crime falling within one of the cases eligible for compensation. The determination of the date of the claim for compensation to calculate the limitation period shall be carried out as follows:

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

2. In the case where the person claiming compensation sends the file through the post office, the date of the claim for compensation is the date marked on the post office stamp on the envelope containing the file. In the case where the date cannot be determined according to the post office stamp on the envelope, the following shall apply:

a) If the competent authority for handling compensation receives the file sent by the post office on a date when the limitation period for claiming compensation still remains, then the date of the claim for compensation is the date the file was received by the competent authority.

b) If the competent authority for handling compensation receives the file sent by the post office on a date when the limitation period for initiating proceedings has expired, then the competent authority must verify the date the party submitted the claim at the post office and distinguish as follows:

- If it can be verified that the date the person claiming compensation submitted the file at the post office, then the date of the claim for compensation is the date the file was submitted at the post office;

- If it cannot be verified that the date the person claiming compensation submitted the file at the post office, then the date of the claim for compensation is the date recorded in the claim for compensation.

Article 13. Acceptance of the Claim for Compensation

1. Upon receiving the file of the claim for compensation, the authority responsible for compensation must check and determine the validity of the claim and accompanying documents. In the case where the file is incomplete, the authority must guide the person claiming compensation to supplement the necessary information.

2. Within five working days from the date of receipt of the valid claim and documents, if it is determined that the claim for compensation falls within its responsibility, the authority that received the file must accept the claim and notify the person claiming compensation 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, clearly stating the reasons, return the file, and guide the person claiming compensation to submit the claim to the authority responsible for compensation as stipulated in Article 34 of the Civil Compensation Law and in accordance with the provisions of Article 4 of this Circular.

Article 14. Organization of the Handling of Compensation

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

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

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

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

- At the provincial level: A department-level leader or equivalent authorized by the Head of the Criminal Proceedings Authority;

- At the central level: Head or Deputy Head of the Investigation Agency; Head or Deputy Head of the agency assigned to carry out certain investigative activities; Central Department Leader or Deputy Central Military Procuracy Prosecutor authorized by the Supreme People's Procuracy Prosecutor; Supreme People's Court Appeals Division Chief Judge or Criminal Division Chief Judge authorized by the Supreme People's Court President; Central Military Court Vice President authorized by the Central Military Court President;

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

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

3. The representative handling the compensation must be accountable to the head of the authority responsible for compensation regarding the handling of the compensation and have the tasks and powers as prescribed in Article 8 of Government Decree No. 16/2010/ND-CP dated March 3, 2010 detailing and guiding the implementation of some articles of the Civil Compensation Law.

Article 15. Damage Verification

Within five working days from the date of acceptance of the claim for compensation, the representative must organize the verification of the damage. The verification of the damage shall be based on the evidence provided by the person claiming compensation. In cases where necessary as stipulated in Clause 2 and Clause 3, Article 18 of the Civil Compensation Law, 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 handling of compensation.

The deadline for verifying the damage is twenty days from the date of acceptance of the claim for compensation; in cases involving 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 verification of the damage, the representative handling the compensation 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 verification of the damage; in cases involving many complex circumstances, the negotiation period may be extended but not exceeding forty-five days.

2. In cases where the victim has died and there are multiple dependents, the dependents must appoint one representative to negotiate compensation for damages. 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 victim or their lawful representative.

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

5. When conducting negotiations, consideration must be given to the items of damage claimed for compensation in the claim request, along with accompanying documents and materials. 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, negotiations shall determine which items of damage are compensable and the level of compensation.

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 Article 20 of the Civil Compensation Law, regardless of whether negotiations succeed or fail, the agency responsible for compensation must issue a decision on compensation resolution.

Within the latest period of ten days from the end of the negotiation, based on the results of damage verification, the results of negotiations with the victim or their lawful representative, and the opinions of related agencies (if any), the head of the agency responsible for compensation 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 victim, the immediate superior agency of the compensation responsible agency, and the person conducting litigation causing the damage.

3. The decision on compensation resolution becomes effective fifteen days after the victim receives the decision, except in cases where the victim disagrees and files a lawsuit with the court.

Article 18. Delivery of the Decision on Compensation Resolution to the Person Entitled to Compensation

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

a) A representative of the agency responsible for compensation;

b) A representative of the People's Committee of the commune where the individual victim resides or the organization victim is headquartered, 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. Procedures 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 person entitled to compensation. The person entitled to compensation must sign the receipt or record book for the delivery of the decision on compensation resolution. The date signed by the person entitled to compensation is considered the date of receipt of the decision on compensation resolution.

b) If the person entitled to compensation is absent, the decision on compensation resolution may be delivered to a relative residing with them who has full civil capacity. The relative of the person entitled to compensation must sign the receipt or record book for the delivery of the decision on compensation resolution. The date signed by the relative of the person entitled to compensation is considered the date the person entitled to compensation received the decision on compensation resolution.

If the person entitled to compensation does not have a relative residing with them who has full civil capacity or if they refuse to accept the decision on compensation resolution on their behalf, the decision on compensation resolution may be delivered through the People's Committee of the commune where the person entitled to compensation resides.

If the decision on compensation resolution is delivered through another person, the person carrying out the delivery must prepare a protocol clearly stating that the person entitled to compensation was absent, to whom the decision on compensation resolution was delivered; the reason; the date and time of delivery; the relationship between the recipient and the victim; and a commitment to immediately hand over the decision on compensation resolution directly to the person entitled to compensation. The protocol must bear the signatures of the person receiving the transfer of the decision on compensation resolution and the person carrying out the delivery of the decision on compensation resolution, and a witness.

3. If the person entitled to compensation is absent and the return date or address is unknown, the person carrying out the delivery must prepare a protocol regarding the inability to deliver the decision. The protocol must bear the signature of the person providing information about the person entitled to compensation.

4. If the person entitled to compensation refuses to accept the decision on compensation resolution, the person carrying out the delivery must prepare a protocol detailing the reasons 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.

Chapter IV

PAYMENT OF COMPENSATION, SETTLEMENT OF DISPUTES

REGARDING LIABILITY FOR COMPENSATION FOR DAMAGE

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 on budget preparation, management, use, and settlement of funds for the implementation of state liability for compensation.

Article 21. Resolution of disputes regarding liability for compensation for damage

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

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

2. In cases of disputes between competent agencies in criminal proceedings belonging to different sectors, the heads of the relevant sectors 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 Circular Jointly Issued No. 04/2006/TTLT-VKSNDTC-TANDTC-BCA-BTP-BQP-BTC dated November 22, 2006, of 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 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 persons due to actions by authorized persons in criminal proceedings.

Article 23. Implementation Organization

During the implementation process, if there are difficulties or issues not yet addressed 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 Defense, the Ministry of Finance, and the Ministry of Agriculture and Rural Development for timely clarification or supplementary guidance.