Law on State Compensation No. 10/2017/QH14

LAW

STATE LIABILITY FOR COMPENSATION

On the basis of the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on State Liability for Compensation.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law stipulates the State's liability for compensation to individuals and organizations that suffer material and non-material losses caused by public officials in administrative management, judicial proceedings, and enforcement activities; losses subject to compensation; rights and obligations of individuals and organizations suffering losses; agencies responsible for compensation; procedures for handling compensation claims; restoration of reputation; compensation funds; responsibility for repayment; responsibilities of state agencies in state compensation work.

Article 2. Subjects Entitled to Compensation

Individuals and organizations suffering material and non-material losses caused by public officials within the scope of State liability for compensation as prescribed in this Law shall be entitled to compensation.

Article 3. Explanation of Terms

In this Law, the following terms shall be understood as follows:

1. The person suffering loss is an individual or organization suffering material and non-material losses caused by public officials within the scope of State liability for compensation as prescribed in this Law.

2. Public officials are persons elected, approved, recruited, or appointed in accordance with laws on cadres and civil servants and related laws to a position in a state agency to perform administrative management, judicial, or enforcement tasks, or other persons assigned by competent state authorities to perform tasks related to administrative management, judicial, or enforcement activities.

3. The claimant is a person who has a document requesting compensation in one of the following cases: the person suffering loss, the legal representative, the authorized representative of the person suffering loss, or the heir of the person suffering loss if the person suffering loss dies, or the successor organization of the organization suffering loss that has ceased to exist.

4. Illegal acts of public officials are acts of not performing or performing duties and powers contrary to the provisions of the law.

5. Documents serving as grounds for compensation claims are legal documents issued by state agencies or persons with authority in accordance with legal procedures, clearly identifying illegal acts of public officials, or judgments and decisions made by agencies or persons with authority in criminal proceedings clearly identifying the person suffering loss as eligible for state compensation.

6. The person resolving compensation is a person designated by the compensation resolution agency to handle the compensation claim.

7. The compensation resolution agency is the agency directly managing the public official causing the loss or the court with jurisdiction to resolve the case according to the law on procedure.

8. Repayment is the responsibility of the public official causing the loss to return a sum of money to the state budget as provided for in this Law.

Article 4. Principles of State Compensation

1. State compensation shall be carried out in accordance with the provisions of this Law.

2. The resolution of compensation claims shall be timely, transparent, equal, sincere, and lawful; it shall be conducted based on negotiations between the compensation resolution agency and the claimant as prescribed in this Law. In criminal proceedings, the resolution of compensation claims shall be handled at the agency directly managing the public official causing the loss as stipulated in Section 1 of Chapter V of this Law.

3. A claimant who has requested one of the compensation resolution agencies specified in Clause 7 of Article 3 of this Law to resolve a compensation claim and has been accepted for resolution by that agency shall not request another competent authority to resolve the compensation claim, except in the cases provided for in point b of Clause 1 and Clause 2 of Article 52 of this Law.

4. The State shall resolve compensation claims after receiving the document serving as grounds for compensation claims or shall combine the resolution of compensation claims during criminal proceedings, administrative proceedings at the court for compensation claims in administrative management, civil proceedings, administrative proceedings, criminal enforcement, and civil enforcement according to the provisions of this Law.

5. If the person suffering loss has contributed to the occurrence of the loss, the State shall only compensate for the portion of the loss after deducting the corresponding portion of the loss attributable to the fault of the person suffering loss.

Article 5. Right to Claim Compensation

The following persons have the right to claim compensation from the State:

1. The person suffering damage;

2. The heir(s) of the person suffering damage in case such person dies; or the organization succeeding the rights and obligations of the organization that suffered damage which has ceased to exist;

3. The legal representative of the person suffering damage who must have a legal representative according to the Civil Code;

4. Individuals or legal entities authorized by those specified in Clauses 1, 2, and 3 of this Article to exercise the right to claim compensation.

Article 6. Limitation Period for Claiming Compensation

1. The limitation period for claiming compensation is three years from the date the person entitled to claim compensation under Clauses 1, 2, and 3 of Article 5 of this Law receives the document serving as the basis for the claim for compensation, except in cases provided for in Clause 2 of Article 52 of this Law and in cases involving restoration of reputation.

2. The limitation period for claiming compensation during the process of resolving administrative litigation cases shall be determined according to the limitation period for initiating administrative litigation cases.

3. Time not counted within the limitation period for claiming compensation includes:

a) The period during which there is an event of force majeure or an objective obstacle as prescribed by the Civil Code preventing the person entitled to claim compensation under Clauses 1, 2, and 3 of Article 5 of this Law from exercising their right to claim compensation;

b) The period during which the person suffering damage is a minor, a person without civil capacity, or a person with limited civil capacity, or a person with difficulty in understanding and controlling their actions who does not yet have a legal representative, or whose legal representative has died or cannot continue to act as a representative until a new legal representative is appointed.

4. The person claiming compensation has the obligation to prove the period of time not counted within the limitation period as stipulated in Clause 3 of this Article.

Article 7. Basis for Determining the State's Liability for Compensation

1. The State shall bear liability for compensation when the following bases are met:

a) There is one of the bases for determining the illegal act of a public servant causing damage and the corresponding claim for compensation as provided for in Clause 2 of this Article;

b) There is actual damage suffered by the person suffering damage within the scope of the State's liability for compensation as prescribed by this Law;

c) There is a causal relationship between the actual damage and the act causing damage.

2. The bases for determining the illegal act of a public servant causing damage and the corresponding claim for compensation include:

a) There is a document serving as the basis for the claim for compensation as prescribed by this Law and a request made to the agency directly managing the public servant causing damage or to the court with jurisdiction over civil cases to resolve the claim for compensation;

b) The court with jurisdiction over administrative litigation cases has determined that there is an illegal act of the defendant being a public servant causing damage within the scope of the State's liability for compensation and a claim for compensation was made before or at the hearing for submission, access, disclosure of evidence, and dialogue;

c) The court with jurisdiction over criminal cases has determined that there is an illegal act of the accused being a public servant causing damage within the scope of the State's liability for compensation in administrative management, civil proceedings, administrative proceedings, enforcement of criminal judgments, and enforcement of civil judgments, and a claim for compensation was made during the resolution of the criminal case.

Article 8. Documents serving as the basis for compensation claims in administrative management activities

The documents serving as the basis for compensation claims in administrative management activities as stipulated in Article 17 of this Law include:

1. Judgments and decisions of competent courts clearly identifying unlawful acts of public officials;

2. Decisions on complaints resolution under the law on complaints accepting part or all of the complaint content of the complainant;

3. Decisions to revoke, recover, amend, or supplement administrative decisions because such decisions were issued contrary to the law;

4. Decisions to handle unlawful acts of public officials reported through complaints based on conclusions from complaint investigations as stipulated by the law on complaints;

5. Decisions to handle unlawful acts of public officials based on inspection conclusions as stipulated by the law on inspections;

6. Disciplinary decisions against public officials due to their unlawful acts;

7. Other documents prescribed by law that meet the conditions specified in Clause 5, Article 3 of this Law.

Article 9. Documents serving as the basis for compensation claims in criminal proceedings

The documents serving as the basis for compensation claims in criminal proceedings as stipulated in Article 18 of this Law include:

1. Judgments of competent courts clearly identifying the victim as eligible for compensation;

2. Decisions of courts, prosecution offices, investigation agencies, or other agencies tasked with conducting certain investigative activities clearly identifying the victim as eligible for compensation;

3. Other documents prescribed by the law on criminal proceedings that meet the conditions specified in Clause 5, Article 3 of this Law.

Article 10. Documents serving as the basis for compensation claims in civil proceedings and administrative proceedings

The documents serving as the basis for compensation claims in civil proceedings and administrative proceedings as stipulated in Article 19 of this Law include:

1. Criminal judgments and decisions of competent courts identifying judicial officers in civil proceedings and administrative proceedings guilty of issuing unlawful judgments, issuing unlawful decisions, or tampering with case files or cases;

2. Decisions on complaints resolution or final recommendations of the Chief Judge of competent courts or the Bench under the law on civil proceedings and administrative proceedings clearly identifying unlawful acts of public officials in applying provisional emergency measures;

3. Decisions to terminate investigations by investigation agencies, decisions to terminate cases by prosecution offices, and courts under the law on criminal proceedings regarding judicial officers in civil proceedings and administrative proceedings who have issued unlawful judgments or decisions or tampered with case files or cases but are exempted from criminal responsibility according to the Penal Code;

4. Decisions on complaints resolution, conclusions on complaint contents of the Chief Judge of competent courts identifying judicial officers in civil proceedings and administrative proceedings who have committed unlawful acts of issuing unlawful judgments or decisions or tampering with case files or cases, and these decisions on complaints resolution or conclusions on complaint contents determine that the unlawful acts of those issuing judgments or decisions have sufficient grounds for disciplinary action or criminal liability but the person has died before being processed;

5. Disciplinary decisions against judicial officers in civil proceedings and administrative proceedings who have committed unlawful acts of issuing unlawful judgments or decisions or tampering with case files or cases;

6. Other documents prescribed by law that meet the conditions specified in Clause 5, Article 3 of this Law.

Article 11. Documents serving as the basis for compensation claims in criminal enforcement activities

The documents serving as the basis for compensation claims in criminal enforcement activities as stipulated in Article 20 of this Law include:

1. Judgments and decisions of competent courts clearly identifying unlawful acts of public officials;

2. Decisions resolving complaints in accordance with the law on criminal enforcement that accept part or all of the complaint content of the complainant;

3. Decisions handling violations of the law by law enforcement officials based on conclusions regarding the complaint content in accordance with the law on complaints;

4. Disciplinary decisions against law enforcement officials due to unlawful acts;

5. Other documents prescribed by law that meet the conditions specified in Clause 5, Article 3 of this Law.

Article 12. Documents serving as the basis for compensation claims in civil enforcement activities

The documents serving as the basis for compensation claims in civil enforcement activities as stipulated in Article 21 of this Law include:

1. Judgments and decisions of competent courts clearly identifying unlawful acts of public officials;

2. Decisions resolving complaints in accordance with the law on civil enforcement that accept part or all of the complaint content of the complainant;

3. Decisions revoking, recalling, amending, or supplementing decisions on enforcement due to such decisions being issued contrary to the law;

4. Decisions to handle unlawful acts of public officials reported through complaints based on conclusions from complaint investigations as stipulated by the law on complaints;

5. Documents from the head of the civil enforcement agency with authority responding to accept the protest of the Public Prosecutor's Office in accordance with the law on civil enforcement;

6. Disciplinary decisions against public officials due to their unlawful acts;

7. Other documents prescribed by law that meet the conditions specified in Clause 5, Article 3 of this Law.

Article 13. Rights and Obligations of the Claimant for Compensation

1. The claimant for compensation who is the victim has the following rights:

a) To request one of the agencies specified in Clause 7, Article 3 of this Law to resolve the compensation claim and be informed of the resolution result of the compensation claim;

b) To lodge complaints, file accusations, initiate administrative litigation against decisions, unlawful acts of authorized persons in the process of resolving compensation claims in accordance with the law on complaints and accusations and the law on administrative proceedings; to lodge complaints and appeal court judgments, decisions in accordance with the law on procedural law;

c) To request state agencies, organizations, and authorized individuals to restore other lawful rights and interests according to the law;

d) To seek others to protect their lawful rights and interests;

đ) To be guided by state management agencies on national compensation work and agencies directly managing law enforcement officials causing damage on the procedures for requesting compensation;

e) To delegate authority in accordance with the Civil Code to other individuals or legal entities to exercise the right to request compensation;

g) Other rights as prescribed by law.

2. The claimant for compensation who is the victim has the following obligations:

a) To provide timely, accurate, and truthful materials and evidence related to the compensation claim and bear responsibility under the law for providing materials and evidence;

b) To fully participate in the process of resolving the compensation claim as required by the compensation resolution agency;

c) To prove actual damages suffered and compensated in accordance with this Law and the causal relationship between actual damages and the damaging act;

d) Other obligations as prescribed by law.

3. The claimant for compensation who is the legal representative, heir of the victim or organization succeeding the rights and obligations of an organization that has ceased to exist has the rights and obligations stipulated in Clauses 1 and 2 of this Article.

4. The claimant for compensation who is the authorized representative has the rights and obligations stipulated in Points a, b, c, d, and đ of Clause 1 and Clause 2 of this Article within the scope of authorization.

Article 14. Rights and Obligations of Public Servants Causing Damage

1. The rights of public servants causing damage include the following:

a) Receiving documents and decisions regarding the resolution of compensation claims directly related to their rights and obligations according to this Law;

b) Reporting illegal acts of authorized persons in handling compensation claims and determining liability for repayment according to the law on reporting; lodging complaints, initiating lawsuits against decisions on repayment and appealing court judgments and decisions according to the law on complaints and administrative litigation procedures;

c) Other rights prescribed by law.

2. The obligations of public servants causing damage include the following:

a) Providing timely, complete, accurate, and truthful information and documents related to the resolution of compensation claims at the request of the compensation resolution agency and bearing legal responsibility for providing such information and documents;

b) Fully participating in the process of resolving compensation claims at the request of the compensation resolution agency and in the process of determining liability for repayment at the request of the direct management agency of the public servant causing damage;

c) Repaying to the state budget an amount of money that the State has compensated to the person suffering damage according to the decision of the direct management agency of the public servant causing damage.

d) Other obligations as prescribed by law.

Article 15. Responsibilities of the Compensation Resolution Agency

1. Accepting and processing compensation claims.

2. Restoring reputation or requesting the direct management agency of the public servant causing damage to restore the reputation of the person suffering damage according to this Law.

3. Explaining to the claimant their rights and obligations during the process of resolving compensation claims.

4. Verifying damage; conducting negotiations, dialogues, and mediations during the process of resolving compensation claims according to this Law and other relevant laws.

5. Being responsible for the completeness and validity of the compensation claim file, the correctness of documents and materials for resolving compensation claims, and the decision on compensation.

6. Issuing judgments and decisions on resolving compensation claims, organizing their implementation or requesting the direct management agency of the public servant causing damage to implement them.

7. Sending judgments and decisions on resolving compensation claims to the state management agency for state compensation work and other individuals and organizations as prescribed by this Law and other relevant laws.

8. Restoring or requesting competent authorities or organizations to restore other legitimate rights and interests of the person suffering damage.

9. Guiding the claimant to follow the procedures for making compensation claims.

10. Resolving complaints and reports related to the resolution of compensation claims according to the law on complaints and reports.

11. Participating in litigation before the Court when the claimant initiates a lawsuit requesting the Court to resolve the compensation claim, except in cases where compensation claims are resolved according to Clause 1 of Article 52 or Article 55 of this Law.

12. Determining liability for repayment or requesting the direct management agency of the public servant causing damage to determine the liability for repayment of the public servant causing damage and collecting repayment funds according to this Law.

13. Disciplining or proposing competent authorities to discipline the public servant causing damage within their authority.

14. Reporting on the resolution of compensation claims, determination of liability for repayment, and disciplinary actions taken against the public servant causing damage to competent authorities and state management agencies for state compensation work.

15. In cases where the competent court resolves criminal or administrative cases involving compensation claims, it must determine that the act of the public servant causing damage falls under one of the circumstances specified in point b and point c of Clause 2 of Article 7 of this Law before implementing the responsibilities stipulated in Clauses 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, and 14 of this Article.

Article 16. Prohibited acts in handling compensation claims

1. Forgery of documents, papers, or provision of false materials, evidence in the claim file and during the process of handling the compensation claim.

2. Collusion between the claimant and the compensation handler, or related parties for personal gain.

3. Abuse of position or authority to illegally interfere with the process of handling compensation claims, determining liability for repayment, and disciplining public servants causing damage.

4. Failure to handle the compensation claim, failure to issue a compensation decision, or handling the compensation claim contrary to the law.

5. Failure to determine liability for repayment or failure to discipline public servants causing damage.

6. Harassment, obstruction of activities in handling compensation claims.

Chapter II

SCOPE OF STATE COMPENSATION LIABILITY

Article 17. Scope of state compensation liability in administrative management activities

The State shall be liable for compensation for damages in the following cases:

1. Issuing an administrative violation penalty decision contrary to the law;

2. Applying preventive measures and guarantees for the handling of administrative violations contrary to the law;

3. Applying one of the following administrative violation remedial measures contrary to the law:

a) Forced demolition of construction works or parts thereof without permission or not in accordance with the permit;

b) Forced removal of violation factors from goods, packaging, business means, items;

c) Forced recovery of products or goods that do not meet quality standards;

4. Applying coercive measures to enforce an administrative violation penalty decision contrary to the law;

5. Applying one of the following administrative measures contrary to the law:

a) Community-based education;

b) Placement in a reformatory school;

c) Compulsory educational placement;

d) Compulsory drug rehabilitation placement;

6. Failure to apply or incorrect application of provisions of the Law on Complaints for the following protective measures when requested by the complainant:

a) Suspension, temporary suspension, partial or full revocation of disciplinary decisions or other decisions infringing upon the rights and legitimate interests of the complainant; restoration of job positions, employment positions, income, and other legitimate benefits from work at the workplace for the complainant;

b) Suspension, temporary suspension, partial or full revocation of administrative decisions, administrative acts infringing upon the rights and legitimate interests of the complainant; restoration of the rights and legitimate interests of the complainant that have been infringed upon at the place of residence;

c) Application of preventive measures, handling of acts of harm or threats to the life, health, property, reputation, dignity, and credibility of the complainant according to the law;

7. Committing prohibited acts as stipulated in the Law on Access to Information regarding intentional provision of false information without correction and re-provision of information;

8. Issuing, revoking, or failing to issue business registration certificates, household business registration certificates, investment registration certificates, licenses, and documents with the value of licenses contrary to the law by competent state agencies;

9. Applying taxes, fees, charges contrary to the law; collecting taxes, fees, charges contrary to the law; recovering taxes, refunding taxes contrary to the law; collecting land use fees contrary to the law;

10. Applying customs procedures contrary to the law;

11. Granting land, leasing land, reclaiming land, allowing changes in land use purposes contrary to the law; compensating, supporting, clearing land, resettling contrary to the law; issuing or revoking land use right certificates, house ownership certificates, and other property certificates attached to the land contrary to the law;

12. Issuing competition case handling decisions contrary to the law;

13. Issuing protection certificates when there is legal basis indicating that the applicant does not have the right to apply or the object does not meet the conditions for protection; refusing to issue protection certificates due to the object not meeting the conditions for protection without legal basis; terminating the validity of protection certificates without legal basis;

14. Issuing disciplinary decisions compelling termination of employment contrary to the law against civil servants from Deputy General Director level and equivalent downwards.

Article 18. Scope of State Liability for Compensation in Criminal Proceedings Activities

The State shall be liable for compensation for damages in the following cases:

1. A person detained under urgent circumstances without grounds as prescribed by the Criminal Procedure Code and who did not commit any violation of the law;

2. A person arrested or temporarily detained whose competent authority in criminal proceedings has decided to release them on their own recognizance, revoke the temporary detention decision, or not approve the arrest warrant, extend the temporary detention period because they did not commit any violation of the law;

3. A person held in pre-trial detention whose judgment or decision of the competent authority in criminal proceedings determines that there is no criminal act or the conduct does not constitute a crime, or the investigation period has expired without proving the suspect's commission of the crime;

4. A person who has completed serving or is currently serving a fixed-term imprisonment sentence, life imprisonment, was sentenced to death, or had the death penalty carried out, whose judgment or decision of the competent authority in criminal proceedings determines that there is no criminal act or the conduct does not constitute a crime;

5. A person who was indicted, prosecuted, tried, or had a sentence executed without being temporarily detained or imprisoned, whose judgment or decision of the competent authority in criminal proceedings determines that there is no criminal act or the conduct does not constitute a crime, or the investigation period has expired without proving the suspect's commission of the crime;

6. A person who was indicted, prosecuted, and tried for multiple crimes in the same case, who has served a prison sentence, and subsequently has a judgment or decision of the competent authority in criminal proceedings determining that they did not commit one or several of those crimes and the combined punishment for the remaining crimes is less than the time spent in pre-trial detention or serving the prison sentence, shall be compensated for damages corresponding to the excess time spent in pre-trial detention or serving the prison sentence over the combined punishment for the crimes they were required to serve;

7. A person who was indicted, prosecuted, and tried for multiple crimes in the same case and was sentenced to death but not yet executed, and subsequently has a judgment or decision of the competent authority in criminal proceedings determining that they did not commit the crime for which the death sentence was imposed and the combined punishment for the remaining crimes is less than the time spent in pre-trial detention, shall be compensated for damages corresponding to the excess time spent in pre-trial detention over the combined punishment for the crimes they were required to serve;

8. A person who was sentenced by multiple judgments, the court has combined the punishments from those judgments, and subsequently has a judgment or decision of the competent authority in criminal proceedings determining that they did not commit one or several of those crimes and the punishments for the remaining crimes are less than the time spent in pre-trial detention or serving the prison sentence, shall be compensated for damages corresponding to the excess time spent in pre-trial detention or serving the prison sentence over the punishments for the crimes they were required to serve;

9. A commercial legal entity that was indicted, prosecuted, tried, or had a sentence executed, and subsequently has a judgment or decision of the competent authority in criminal proceedings determining that there is no criminal act or the conduct of the legal entity does not constitute a crime, or the investigation period has expired without proving the legal entity's commission of the crime and the legal entity did not commit any violation of the law;

10. An individual or organization whose property was damaged due to seizure, temporary detention, attachment, confiscation, disposal, account freezing, or another individual or organization related to the cases stipulated in Clauses 1, 2, 3, 4, 5, 6, 7, 8, and 9 of this Article suffered damage.

Article 19. Scope of State liability for compensation in civil litigation and administrative litigation activities

The State shall be liable for compensation for damages in the following cases:

1. Applying provisional emergency measures contrary to the law on its own initiative;

2. Applying provisional emergency measures different from those requested by individuals or organizations;

3. Applying provisional emergency measures exceeding the request for provisional emergency measures made by individuals or organizations;

4. Applying provisional emergency measures not in accordance with the time limit prescribed by law or failing to apply provisional emergency measures without justifiable reasons;

5. Issuing judgments or decisions that have become legally binding but are concluded by competent authorities to be contrary to the law, and the person issuing such judgments or decisions is subject to disciplinary action or criminal responsibility;

6. Adding, deleting, modifying, substituting, destroying, or damaging evidence or other materials, or engaging in other acts that distort the content of the case or matter, leading to the issuance of judgments or decisions contrary to the law.

Article 20. Scope of State liability for compensation in criminal enforcement activities

The State shall be liable for compensation for damages in the following cases:

1. Executing capital punishment against persons who fall under the cases not subject to capital punishment as stipulated in the Criminal Code;

2. Detaining persons sentenced to imprisonment beyond the period required by the judgment or decision of the Court;

3. Failing to implement one of the following decisions:

a) Suspension of execution of sentence by the Court for persons sentenced to imprisonment;

b) Temporary suspension of execution of sentence by the Court for persons serving their sentences;

c) Reduction of the term of imprisonment by the Court for persons serving their sentences;

d) Conditional early release by the Court for persons sentenced to imprisonment;

đ) Pardon by

e) Amnesty by the National Assembly for persons sentenced to imprisonment who are eligible for amnesty.

Article 21. Scope of State liability for compensation in civil enforcement activities

The State shall be liable for compensation for damages in the following cases:

1. Issuing or failing to issue one of the following decisions contrary to the law:

a) Enforcement of judgment;

b) Revocation, recovery, modification, or supplementation of enforcement judgment decisions;

c) Application of security measures for enforcement;

d) Forced execution;

đ) Suspension of enforcement;

e) Temporary suspension or termination of enforcement;

g) Continuation of enforcement;

2. Organizing enforcement or failing to organize enforcement of one of the decisions specified in Clause 1 of this Article contrary to the law.

Chapter III

COMPENSATION FOR DAMAGE

Article 22. Determination of Damage

1. The damage to be compensated is actual damage that has occurred, interest as provided for in Articles 23, 24, 25, 26, and 27 of this Law, and other costs as provided for in Article 28 of this Law.

2. The value of the damage to be compensated shall be calculated at the time of accepting the claim for compensation as provided for in Article 43 of this Law or at the time when the first-instance court determines the value of the damage for the cases stipulated in Clause 1 of Article 52 and Article 55 of this Law. In cases where the claimant initiates a lawsuit requesting the court to resolve the compensation claim as provided for in Clause 2 of Article 52 of this Law, the value of the damage shall still be calculated at the time of accepting the claim for compensation prior to that.

3. The period of time serving as the basis for determining the damage to be compensated as provided for in Clauses 3, 4, and 5 of Article 23, Article 24, Clauses 1, 2, and 3 of Article 25, Clauses 1, 2, 3, and point a of Clause 4 of Article 26, and Clause 3 of Article 27 of this Law shall be calculated from the date of occurrence of actual damage until the cessation of such damage. The Government shall provide detailed regulations on this matter.

Article 23. Damage caused by infringement of property

1. In cases where the property has been sold at auction or lost, the damage shall be determined based on the market price of similar property or property with the same technical standards, functions, and degree of wear and tear on the market at the time specified in Clause 2 of Article 22 of this Law. The time point for determining the current status of the property to calculate compensation is the time when the damage occurred.

2. In cases where the property is damaged, the damage shall be determined as the related costs according to the market price at the time specified in Clause 2 of Article 22 of this Law to repair and restore the property; if the damaged property cannot be repaired or restored, the damage shall be determined according to the provisions of Clause 1 of this Article.

3. In cases where there is damage arising from non-use or exploitation of the property, the damage shall be determined as the actual income lost. For properties available for rent on the market, the actual income lost shall be determined in accordance with the average monthly rental rate of similar property or property with the same technical standards, functions, and quality at the time specified in Clause 2 of Article 22 of this Law; for properties not available for rent on the market, the actual income lost shall be determined based on the average income of three consecutive months generated by the damaged property under normal conditions before the damage occurred.

4. In cases where payments have been made to the state budget according to the decision of the competent state agency or funds have been confiscated, executed, or placed as security according to the decision of the competent authority, such amounts and interest thereon must be refunded to the person suffering damage.

If these amounts are loans with interest, the interest shall be calculated as lawful loan interest according to the Civil Code.

If these amounts are not loans with interest, the interest shall be calculated based on the interest rate arising from late payment in the absence of an agreement according to the Civil Code at the time specified in Clause 2 of Article 22 of this Law.

5. In cases where the person suffering damage is unable to perform valid civil or economic transactions and has paid fines for breach of obligations in those transactions, the damage shall be determined as the amount of the fine agreed upon and the interest on that fine.

If the fine is a loan with interest, the interest shall be calculated as lawful loan interest according to the Civil Code.

If the fine is not a loan with interest, the interest shall be calculated based on the interest rate arising from late payment in the absence of an agreement according to the Civil Code at the time specified in Clause 2 of Article 22 of this Law.

6. In cases where damage occurs due to exceeding the requirements of an emergency situation, the compensation for damage shall be the part of the damage exceeding the requirements of the emergency situation.

7. The Government shall provide detailed regulations on this matter.

Article 24. Damage caused by loss or reduction of actual income

1. The actual loss or reduction of income of the person suffering damage who is an individual shall be determined as follows:

a) Stable income from wages or salaries shall be determined based on the wage or salary level of the person suffering damage during the period when wages or salaries were lost or reduced.

b) Unstable income from wages or salaries shall be determined based on the average wage or salary level of the three months immediately preceding the occurrence of damage during the period when wages or salaries were lost or reduced.

c) Seasonal unstable income shall be determined as the average income of workers of the same type in the locality during the period when actual income was lost or reduced. If it is not possible to determine the average income of workers of the same type in the locality, the actual loss or reduction of income shall be compensated at one day's minimum regional wage at the place of residence of the person suffering damage for each day of damage.

One day's minimum regional wage is determined as one month's minimum regional wage prescribed by the State divided by twenty-six days.

2. The actual loss or reduction of income of the person suffering damage who is an organization includes income items as stipulated by laws on corporate income tax.

Compensable income shall be determined based on the average income of two consecutive years prior to the occurrence of damage. The determination of average income shall be based on the financial statements of the organization according to the law. In cases where the organization has been established for less than two years up to the time of damage, compensable income shall be determined based on the average income during the actual period of operation according to the financial statements of the organization according to the law.

Article 25. Material damage due to the death of the person suffering harm

1. Medical examination and treatment costs for the person suffering harm before death, as prescribed by laws on medical examination and treatment.

2. Health maintenance costs for the person suffering harm before death shall be determined at one day's minimum regional wage at the medical examination and treatment facility for each day of medical examination and treatment based on the number of days recorded in the medical record.

3. Caregiver costs for the person suffering harm during the period of medical examination and treatment before death shall be determined at one day's minimum regional wage at the medical examination and treatment facility for each day of care provided to the person suffering harm.

4. Funeral costs for the deceased person suffering harm shall be determined according to the funeral allowance level prescribed by laws on social insurance.

5. Maintenance payments for those whom the person suffering harm was obligated to support shall be determined at one month's minimum regional wage at the place of residence of the person receiving maintenance for each month of obligation fulfilled, except where otherwise prescribed by law or already determined by a judgment or decision of a competent state authority that has taken effect.

Article 26. Material damage due to health being infringed upon

1. Medical examination and treatment costs for the person suffering harm, as prescribed by laws on medical examination and treatment.

2. Health maintenance costs for the person suffering harm shall be determined at one day's minimum regional wage at the medical examination and treatment facility for each day of medical examination and treatment based on the number of days recorded in the medical record.

3. Caregiver costs for the person suffering harm during the period of medical examination and treatment shall be determined at one day's minimum regional wage at the medical examination and treatment facility for each day of care provided to the person suffering harm.

4. In cases where the person suffering harm loses their ability to work and has someone providing regular care, the damages to be compensated include:

a) Caregiver costs for the person suffering harm shall be determined at one day's minimum regional wage at the place of residence of the person suffering harm for each day of care provided to the person suffering harm;

b) Maintenance payments for those whom the person suffering harm was obligated to support shall be determined at one month's minimum regional wage at the place of residence of the person receiving maintenance for each month of obligation fulfilled, except where otherwise prescribed by law or already determined by a judgment or decision of a competent state authority that has taken effect.

Article 27. Mental damage

1. Mental damage in cases where administrative educational measures are applied at commune, ward, town level is determined at half a day's basic wage set by the State (hereinafter referred to as a day's basic wage) for each day such measures are applied.

2. Mental damage in cases where temporary detention measures are applied through administrative procedures, or where individuals are placed in educational institutions, compulsory education facilities, or compulsory drug rehabilitation centers is determined at two days' basic wage for each day such measures are applied.

3. Mental damage in cases where the person suffering harm is indicted, prosecuted, tried, sentenced, or subjected to preventive measures during criminal proceedings is determined as follows:

a) Mental damage in cases where the person suffering harm is detained in emergency situations is determined at two days' basic wage;

b) Mental damage in cases where the person suffering harm is arrested, temporarily detained, temporarily imprisoned, or serving a custodial sentence is determined at five days' basic wage for each day of arrest, temporary detention, temporary imprisonment, or serving a custodial sentence;

c) Mental damage in cases where the person suffering harm is not arrested, temporarily detained, temporarily imprisoned, or serving a non-custodial sentence is determined at two days' basic wage for each day without being arrested, temporarily detained, temporarily imprisoned, or serving a sentence, except as provided in point d of this clause;

d) Mental damage in cases where the person suffering harm is serving a suspended sentence or a community service sentence is determined at three days' basic wage for each day of serving the sentence;

e) Mental damage in cases where the person suffering harm has completed their sentence according to a court judgment or decision, but subsequently a judgment or decision from a competent authority in criminal proceedings determines that they are entitled to compensation for criminal proceedings is determined at two days' basic wage for each day without a judgment or decision from a competent authority in criminal proceedings determining that they are entitled to compensation for criminal proceedings.

4. Mental damage in cases where the person suffering harm dies is determined at 360 months' basic wage. In cases where the person suffering harm dies, the provisions for compensating mental damage under Clauses 1, 2, 3, and 5 of this Article shall not apply.

5. Mental damage in cases where health is infringed upon is determined based on the degree of health impairment, but not exceeding 50 months' basic wage.

6. Mental damage in cases where civil servants are unlawfully dismissed due to disciplinary action is determined at one day's basic wage for each day of unlawful dismissal.

7. A day's basic wage is determined as one month's basic wage divided by 22 days.

Article 28. Other expenses to be compensated

1. Other reasonable expenses to be compensated include:

a) Expenses for renting accommodation, travel expenses, printing documents, sending letters during the complaint and denunciation process; expenses for hiring defense counsel and representatives of the lawful rights and interests of the victim;

b) Travel expenses for visiting detained persons, those under arrest, and those serving criminal sentences. The relatives of detained persons, those under arrest, and those serving criminal sentences shall be determined according to the provisions of the law on enforcement of detention and arrest, and the law on enforcement of criminal penalties.

2. The expenses specified in point a, Clause 1 of this Article shall be determined as follows:

a) Expenses for renting accommodation, travel expenses, and printing documents shall be reimbursed based on valid invoices and receipts with values determined at the time specified in Clause 2, Article 22 of this Law but not exceeding the maximum amount stipulated by the Ministry of Finance regarding subsistence allowances for civil servants; and the budget for organizing meetings for state agencies.

In cases where the claimant cannot present valid invoices and receipts for the expenses specified herein, the compensation for such expenses shall not exceed six months' basic salary at the time specified in Clause 2, Article 22 of this Law for each year from the date of initiating the complaint or denunciation or participation in litigation until the effective date of the resolution on compensation issued by the competent authority;

b) Expenses for sending letters to state agencies and persons authorized to resolve issues shall be calculated based on postal fee receipts with values determined at the time specified in Clause 2, Article 22 of this Law.

In cases where the claimant cannot present postal fee receipts for the expenses specified herein, the compensation for such expenses shall not exceed one month's basic salary at the time specified in Clause 2, Article 22 of this Law for each year from the date of initiating the complaint or denunciation or participation in litigation until the effective date of the resolution on compensation issued by the competent authority;

c) Expenses for hiring defense counsel and representatives of the lawful rights and interests of the victim shall be reimbursed based on actual contracts but not exceeding the remuneration prescribed by the Government for lawyers participating in litigation upon request of the investigative agency, and only one defense counsel or representative of the lawful rights and interests of the victim shall be reimbursed at any given time.

3. The expenses specified in point b, Clause 1 of this Article shall be determined based on the actual number of visitors and visits but not exceeding the maximum number of visitors and visits allowed under the law on enforcement of detention and arrest, and the law on enforcement of criminal penalties. In cases where the actual number of visitors and visits cannot be proven, these expenses shall be determined based on the maximum number of visitors and visits allowed under the law on enforcement of detention and arrest, and the law on enforcement of criminal penalties.

4. The period for determining the expenses to be compensated as provided in this Article shall be calculated from the date of actual damage incurred until the effective date of the resolution on compensation issued by the competent authority.

5. The Government shall provide detailed regulations on this matter.

Article 29. Restoring Legal Rights and Interests for Victims

1. In addition to the damages compensated for under Articles 23, 24, 25, 26, 27, and 28 of this Law, individual victims shall also be entitled to have their legal rights and interests restored as follows:

a) Restoration of position (if applicable), employment, and related benefits and policies as prescribed by relevant laws;

b) Restoration of the right to study;

c) Restoration of membership status in political organizations, political-social organizations, occupational-political organizations, social organizations, and occupational-social organizations.

2. In addition to the damages compensated for under Articles 23, 24, 25, 26, 27, and 28 of this Law, organizational victims shall also be entitled to have other legal rights and interests restored as prescribed by law.

3. The procedures and formalities for restoring legal rights and interests as stipulated in Clause 1 and Clause 2 of this Article shall be carried out in accordance with the provisions of law and the regulations, rules, and charters of relevant organizations.

Article 30. Returning Property

1. Property seized, detained, attached, or confiscated illegally must be returned immediately upon the cancellation of the decision to seize, detain, attach, or confiscate.

2. The return of property detained or confiscated illegally in administrative management activities shall be implemented in accordance with the provisions of law on administrative violations.

3. The return of property attached illegally in civil enforcement activities shall be implemented in accordance with the provisions of law on civil enforcement.

4. The return of property seized illegally in litigation activities shall be implemented in accordance with the provisions of law on litigation and other relevant laws.

Article 31. Reinstating Reputation

1. Individuals who suffer damage in criminal litigation, public officials who are unlawfully dismissed from their posts due to disciplinary action, or individuals subjected to administrative measures such as placement in educational institutions or compulsory rehabilitation centers unlawfully shall have their reputation reinstated.

2. The agency directly managing the public servant causing damage shall proactively implement the reinstatement of reputation for victims in cases stipulated in Clause 1 of this Article. The reinstatement of reputation shall be carried out in accordance with Section 3 of Chapter V of this Law.

Article 32. Damages Not Compensated by the State

1. The State shall not compensate for the following damages:

a) Damage entirely caused by the fault of the victim;

b) Damage occurring objectively and unforeseeably, and irreparably despite the public servant applying all necessary measures within their capacity;

c) Damage occurring when a public servant, to avoid an immediate threat to public interest, the rights, or legitimate interests of the victim or others, has no alternative but to take action causing lesser damage than that which needs to be prevented, except as provided for in Clause 6 of Article 23 of this Law.

2. In addition to the damages specified in Clause 1 of this Article, in criminal litigation activities, the State shall not compensate for the following damages:

a) Damage occurring when the person being criminally prosecuted falls under the category exempted from criminal responsibility according to the Penal Code;

b) Damage resulting from the victim providing false information or evidence to falsely confess to a crime on behalf of another person or to conceal a crime;

c) Damage arising from the prosecution, indictment, and trial of a person whose actions clearly constitute a crime, initiated at the request of the victim, but discontinued due to the victim withdrawing the request for prosecution;

d) Damage arising from the prosecution, indictment, and trial of a person in accordance with legal norms at the time of prosecution, indictment, and trial, but they are not held criminally responsible according to new legal norms enacted and effective after the date of prosecution, indictment, and trial.

3. In addition to the damages specified in Clause 1 of this Article, in civil and administrative litigation activities, the State shall not compensate for damage occurring when a public servant implements provisional measures in accordance with the request of the applicant, causing damage to the person subject to provisional measures or a third party. If the applicant incorrectly requests the court to apply provisional measures and causes damage to the person subject to provisional measures or a third party, they must compensate the victim in accordance with the provisions of civil procedure law.

4. In addition to the damages specified in Clause 1 of this Article, in civil enforcement activities, the State shall not compensate for damage occurring when a public servant implements enforcement security measures in accordance with the request of the parties, causing damage. If the party incorrectly requests the enforcement officer to apply enforcement security measures and causes damage to the person subject to enforcement or a third party, they must compensate the victim in accordance with the provisions of civil enforcement law.

Chapter IV

ORGANIZATIONS FOR SETTLING COMPENSATION

Article 33. Authorities responsible for compensation in administrative management activities

1. Central authorities responsible for compensation include:

a) Ministries, ministerial-level agencies, and government agencies shall be the authorities responsible for compensation in cases where civil servants under their direct management cause damage, except in the cases provided for in point b of this Clause;

b) General Departments, Bureaus, and other entities with legal personality and separate accounts under ministries, ministerial-level agencies, or government agencies shall be the authorities responsible for compensation in cases where civil servants under their direct management cause damage.

2. Provincial authorities responsible for compensation include:

a) The People's Committee at the provincial level shall be the authority responsible for compensation in cases where civil servants under its direct management cause damage, except in the cases provided for in point b of this Clause;

b) Specialized agencies or agencies and units directly subordinate to the People's Committee at the provincial level with legal personality and separate accounts shall be the authorities responsible for compensation in cases where civil servants under their direct management cause damage.

3. The People's Committee at the district level shall be the authority responsible for compensation in cases where civil servants under its direct management cause damage.

4. The People's Committee at the commune level shall be the authority responsible for compensation in cases where civil servants under its direct management cause damage.

5. The authority responsible for providing information in accordance with the Law on Access to Information.

6. The authority responsible for applying necessary measures to protect the complainant in accordance with the Law on Complaints.

7. The authority issuing decisions on disciplinary action leading to dismissal of civil servants.

8. Courts with jurisdiction to resolve cases in accordance with the laws on criminal procedure, civil procedure, and administrative procedure; Courts with jurisdiction to apply administrative handling measures in accordance with the Law on Handling Administrative Violations.

Article 34. Investigative authorities and authorities assigned tasks to conduct certain investigative activities to resolve compensation in criminal proceedings

Investigative authorities or authorities assigned tasks to conduct certain investigative activities shall be the authorities responsible for compensation in the following cases:

1. Issuing orders to detain persons in urgent situations without grounds as stipulated in the Criminal Procedure Code and such persons did not commit any violation of the law; issuing arrest warrants or temporary detention decisions but the competent authority decided to release them, revoke the temporary detention decision, or not approve the arrest warrant or extension of temporary detention because they did not commit any violation of the law;

2. Issuing decisions to initiate prosecution against suspects but the Prosecutor's Office did not approve such decisions due to the absence of criminal acts or actions that do not constitute crimes;

3. The Prosecutor's Office decides to return the case file for supplementary investigation, the Investigative Authority issues supplementary investigation conclusions or new investigation conclusions proposing prosecution, but the Prosecutor's Office decides to terminate the case against the suspect due to the absence of criminal acts or actions that do not constitute crimes.

Article 35. The Prosecution resolves compensation in criminal proceedings activities

The Prosecution is the agency resolving compensation in the following cases:

1. Has approved the arrest warrant, decision to extend temporary detention of the Investigation Agency or agency assigned to carry out certain investigative activities but the person arrested, temporarily detained did not commit any violation of the law;

2. Has approved the indictment decision, detention order of the Investigation Agency, agency assigned to carry out certain investigative activities, or has issued an indictment decision, detention order, decision to extend detention but later there is a decision of the agency or person with authority determining that there is no criminal act or conduct does not constitute a crime, or the investigation period has expired without proving that the defendant committed the crime, except for the cases stipulated in Clause 3, Article 34 of this Law; has decided to return the case file for supplementary investigation but based on the results of supplementary investigation, the Investigation Agency decides to terminate the investigation against the defendant because there is no criminal act or conduct does not constitute a crime, or the investigation period has expired without proving that the defendant committed the crime;

3. Has issued an indictment decision but the first-instance court declared the accused innocent because there is no criminal act or conduct does not constitute a crime and the first-instance judgment has become legally effective;

4. The first-instance court decides to return the case file for supplementary investigation but later there is a decision of the agency or person with authority to terminate the investigation, terminate the case because there is no criminal act or conduct does not constitute a crime, or the investigation period has expired without proving that the defendant committed the crime;

5. The first-instance court decides to return the case file for supplementary investigation but later declares the accused innocent because there is no criminal act or conduct does not constitute a crime and the first-instance judgment has become legally effective;

6. The second-instance court upholds the first-instance court's judgment, decision determining the accused innocent because there is no criminal act or conduct does not constitute a crime;

7. The second-instance court upholds the first-instance court's judgment, decision determining the accused innocent because there is no criminal act or conduct does not constitute a crime and subsequently the court reviewing under supervisory or retrial procedure still upholds the second-instance court's judgment, decision determining the accused innocent because there is no criminal act or conduct does not constitute a crime.

Article 36. The Court resolves compensation in criminal proceedings activities

1. The first-instance court is the agency resolving compensation in the following cases:

a) The first-instance court declares the accused guilty but the second-instance court overturns the first-instance judgment, declares the accused innocent and terminates the case because there is no criminal act or conduct does not constitute a crime;

b) The first-instance court declares the accused guilty but the second-instance court overturns the first-instance judgment for re-investigation and later the defendant is terminated from investigation, case terminated because there is no criminal act or conduct does not constitute a crime, or the investigation period has expired without proving that the defendant committed the crime;

c) The first-instance court declares the accused guilty but the second-instance court overturns the first-instance judgment for retrial and later the accused is declared innocent because there is no criminal act or conduct does not constitute a crime;

d) The first-instance court declares the accused guilty and the judgment has become legally effective but the court with supervisory or retrial authority overturns the first-instance judgment and terminates the case because there is no criminal act or conduct does not constitute a crime;

đ) The first-instance court declares the accused guilty and the judgment has become legally effective but the court with supervisory or retrial authority overturns the first-instance judgment for re-investigation and later the defendant is terminated from investigation, case terminated because there is no criminal act or conduct does not constitute a crime, or the investigation period has expired without proving that the defendant committed the crime;

e) The first-instance court declares the accused guilty and the judgment has become legally effective but the court with supervisory or retrial authority overturns the first-instance judgment for retrial and later the accused is declared innocent because there is no criminal act or conduct does not constitute a crime.

2. The second-instance court is the agency resolving compensation in the following cases:

a) The second-instance court declares the accused guilty but the court with supervisory or retrial authority overturns the second-instance judgment and terminates the case because there is no criminal act or conduct does not constitute a crime;

b) The second-instance court declares the accused guilty but the court with supervisory or retrial authority overturns the second-instance judgment for re-investigation and later the defendant is terminated from investigation, case terminated because there is no criminal act or conduct does not constitute a crime, or the investigation period has expired without proving that the defendant committed the crime;

c) The second-instance court declares the accused guilty but the court with supervisory or retrial authority overturns the second-instance judgment for retrial and later the accused is declared innocent because there is no criminal act or conduct does not constitute a crime.

a) The Supreme Court's Judicial Council overturns the supervisory or retrial decision of the High People's Court, Central Military Court where the overturned decision determined the accused guilty and terminated the case because there is no criminal act or conduct does not constitute a crime;

b) The Supreme Court's Judicial Council overturns the supervisory or retrial decision of the High People's Court, Central Military Court where the overturned decision determined the accused guilty for re-investigation but later the defendant is terminated from investigation, case terminated because there is no criminal act or conduct does not constitute a crime, or the investigation period has expired without proving that the defendant committed the crime;

c) The Supreme People's Court's Judicial Council shall revoke the cassation or reconsideration decision of the People's Court of Appeal or the Central Military Court where such revoked decision determined the defendant guilty for retrial, but subsequently the defendant was declared not guilty due to the absence of criminal act or conduct not constituting a crime.

4. The Supreme People's Court shall be the agency responsible for compensation in the following cases:

a) The Supreme People's Court's Judicial Council shall revoke its own cassation or reconsideration decision where such revoked decision determined the defendant guilty, revoke the judgment or decision of the lower court that has taken legal effect, and at the same time decide on the substance of the case and declare the defendant not guilty due to the absence of criminal act or conduct not constituting a crime;

b) The Supreme People's Court's Judicial Council shall revoke its own cassation or reconsideration decision where such revoked decision determined the defendant guilty, revoke the judgment or decision of the lower court that has taken legal effect for re-investigation, but subsequently the suspect was discontinued from investigation or the case was discontinued due to the absence of criminal act or conduct not constituting a crime, or the investigation period expired without proving the suspect committed the crime;

c) The Supreme People's Court's Judicial Council shall revoke its own cassation or reconsideration decision where such revoked decision determined the defendant guilty, revoke the judgment or decision of the lower court that has taken legal effect for retrial, but subsequently the defendant was declared not guilty due to the absence of criminal act or conduct not constituting a crime.

Article 37. Courts resolve compensation in civil proceedings and administrative proceedings

1. The court with jurisdiction to issue decisions on provisional emergency measures as stipulated in Clauses 1, 2, 3, and 4 of Article 19 of this Law shall be the agency responsible for compensation.

2. The first-instance court shall be the agency responsible for compensation in cases where it issues a first-instance judgment or decision that has taken legal effect as stipulated in Clauses 5 and 6 of Article 19 of this Law, which is then revoked through cassation or reconsideration procedures.

3. The appellate court shall be the agency responsible for compensation in cases where it issues an appellate judgment or decision that has taken legal effect as stipulated in Clauses 5 and 6 of Article 19 of this Law, which is then revoked through cassation or reconsideration procedures.

4. The court conducting cassation or reconsideration procedures shall be the agency responsible for compensation in cases where it issues a cassation or reconsideration decision that has taken legal effect as stipulated in Clauses 5 and 6 of Article 19 of this Law, which is then revoked through cassation or reconsideration procedures.

5. The court that issued the judgment or decision that has taken legal effect as stipulated in Clauses 5 and 6 of Article 19 of this Law shall be the agency responsible for compensation in cases where the Supreme People's Court's Judicial Council revokes such judgment or decision through special procedures, except for the cases stipulated in Clause 6 of this Article.

6. The Supreme People's Court shall be the agency responsible for compensation in cases where the Supreme People's Court's Judicial Council revokes its own decision, revokes the judgment or decision of the lower court that has taken legal effect as stipulated in Clauses 5 and 6 of Article 19 of this Law through special procedures, and determines the responsibility for compensating damages of the Supreme People's Court.

7. The court with jurisdiction to resolve the case as provided for in the Criminal Procedure Code and the Civil Procedure Code.

Article 38. Authorities responsible for compensation in criminal enforcement activities

1. Criminal enforcement agencies at various levels within the People's Public Security according to the provisions of the Criminal Enforcement Law.

2. Criminal enforcement agencies at various levels within the People's Armed Forces according to the provisions of the Criminal Enforcement Law.

3. Agencies assigned certain criminal enforcement tasks according to the provisions of the Criminal Enforcement Law.

4. Courts with jurisdiction to resolve cases according to the Criminal Procedure Code and the Civil Procedure Code.

Article 39. Authorities responsible for compensation in civil enforcement activities

1. The Civil Enforcement Agency and District Civil Enforcement Agency.

2. Military Zone Enforcement Agencies and equivalent agencies.

3. Courts with jurisdiction to resolve cases according to the Criminal Procedure Code and the Civil Procedure Code.

Article 40. Determination of authorities responsible for compensation in specific cases

1. In cases where the authority responsible for compensation is the direct supervising agency of the public servant causing damage, the determination of the authority responsible for compensation in specific cases shall be as follows:

a) In cases where the authority responsible for compensation has been divided, merged, consolidated, or dissolved, the agency inheriting the functions and tasks of that agency shall be the authority responsible for compensation; if there is no agency inheriting the functions and tasks of the dissolved agency, the agency issuing the dissolution decision shall be the authority responsible for compensation; if the agency issuing the dissolution decision is the National Assembly, the Standing Committee of the National Assembly, or the Government,

b) In cases where multiple public servants from different agencies cause damage together, the leading agency implementing the task shall be the authority responsible for compensation; if there is no agreement on the authority responsible for compensation, the competent state management agency regarding state compensation shall determine the authority responsible for compensation;

c) In cases where, at the time of accepting the compensation claim, the public servant causing damage is no longer working at the agency managing them at the time of causing damage, the authority responsible for compensation shall be the agency managing the public servant at the time of causing damage;

d) In cases of delegation or entrustment to perform public duties, the delegating or entrusting agency shall be the authority responsible for compensation; if the delegated or entrusted agency performs the task improperly and causes damage, this agency shall be the authority responsible for compensation.

2. In cases of resolving compensation claims during criminal proceedings or administrative proceedings at the Court, the Court currently handling the case shall be the authority responsible for compensation.

3. In cases where the claimant simultaneously requests the direct supervising agency of the public servant causing damage and the Court with jurisdiction over the compensation claim, the agency first accepting the compensation claim shall be the authority responsible for compensation.

Chapter V

PROCEDURES FOR RESOLVING COMPENSATION CLAIMS

Section 1

RESOLUTION OF COMPENSATION CLAIMS AT THE DIRECT SUPERVISING AGENCY OF THE PUBLIC SERVANT CAUSING DAMAGE

Article 41. Claim File

1. In cases where the direct victim requests compensation, the claim file (hereinafter referred to as the "file") shall include:

a) A request for compensation document;

b) The basis document for the request for compensation, except in cases where the victim cannot be sent or does not have a basis document for the request for compensation;

c) Identity papers of the victim;

d) Relevant documents and evidence related to the request for compensation (if any).

2. In cases where the person requesting compensation is an heir (in cases where there are multiple heirs, those heirs must appoint one representative) or the representative of the victim, in addition to the documents specified in points a, b, and d of Clause 1 of this Article, the file must also include the following documents:

a) Identity papers of the heir, the representative of the victim;

b) A valid power of attorney in cases of representation through authorization;

c) In cases where the victim dies with a will, the person requesting compensation must provide the will, in cases without a will, a legal document on inheritance rights must be provided;

3. The request for compensation document must contain the following main contents:

a) Name, address, contact phone number (if any) of the person requesting compensation;

b) Date of making the request for compensation document;

c) The act causing damage by the public servant;

d) The causal relationship between the actual damage occurred and the act causing damage by the public servant;

đ) Damage, method of calculation, and amount requested for compensation;

e) Request for advance payment of compensation funds (if any);

g) Request for the compensation handling agency to collect the basis document for the request for compensation but must clearly state the name of the document and the address for collecting that document in cases where the person requesting compensation is unable to collect the basis document for the request for compensation;

h) Request for restoration of reputation (if any);

i) Request for restoration of other legitimate rights and interests (if any). In cases where the victim only requests restoration of reputation, the request for compensation document must contain the contents stipulated in points a, b, c, d, g, and h of this clause.

4. The person requesting compensation submits one set of files directly or sends them via postal service to the compensation handling agency.

In cases where the compensation handling agency has not been immediately identified, the person requesting compensation submits the file to the Department of Justice where the victim resides or has its headquarters. Within five working days, the Department of Justice is responsible for identifying the compensation handling agency, transferring the file to the compensation handling agency, and notifying the person requesting compensation in writing.

5. In cases where the person requesting compensation directly submits the file, the identity papers, documents, and evidence specified in points b, c, and d of Clause 1 and Clause 2 of this Article are copies but must have the original for comparison; in cases where the person requesting compensation sends the file via postal service, the identity papers, documents, and evidence specified in points b, c, and d of Clause 1 and Clause 2 of this Article are certified copies according to the provisions of the Law on Notarization.

Article 42. Procedures for Receiving and Processing Files

1. The compensation handling agency receives the file, records it in the receipt book, and issues a confirmation of receipt to the person requesting compensation in cases where the person directly submits the file. In cases where the file is sent via postal service, within two working days from the date of receiving the file, the compensation handling agency must notify the person requesting compensation in writing about the receipt of the file.

2. Within five working days from the date of receiving the file, the head of the compensation handling agency shall perform the following tasks:

a) Require the person requesting compensation to supplement the file in cases where the file is incomplete as stipulated in Clauses 1 and 2 of Article 41 of this Law;

b) Require state agencies or persons with authority to provide the basis document for the request for compensation in cases where the person requesting compensation requests the compensation handling agency to collect that document or clarify the content of the basis document for the request for compensation in cases where the content of that document is unclear.

3. Within five working days from the date of receiving the request of the head of the compensation handling agency as stipulated in Clause 2 of this Article, the person requesting compensation must supplement the file, state agencies or persons with authority must provide the basis document for the request for compensation or clarify the content of the basis document for the request for compensation. The period during which force majeure or objective obstacles occur according to the Civil Code is not counted towards the time limit stipulated in this clause.

Article 43. Acceptance of Claims and Assignment of Personnel to Resolve Compensation

1. Within two working days from the date of receipt of a valid claim file as prescribed in Article 41 of this Law, the compensation resolution agency must accept the claim file and record it in the acceptance register, except for cases stipulated in Clause 2 of this Article.

2. The compensation resolution agency shall not accept the claim file if there is any of the following grounds:

a) The compensation request does not fall within its jurisdiction;

b) The statute of limitations for the compensation request has expired;

c) The compensation request does not fall within the scope of state liability for compensation as prescribed in Chapter II of this Law;

d) The person requesting compensation is not the person entitled to request compensation as prescribed in Article 5 of this Law;

đ) The claim file is incomplete as prescribed in Article 41 of this Law and the person requesting compensation fails to supplement it within the time limit prescribed in Clause 3, Article 42 of this Law;

e) The compensation request has been implemented as prescribed at point a, Clause 1, Article 52 of this Law and has been accepted by the competent court according to civil litigation procedures;

g) The compensation request has been accepted by the competent court as prescribed in Clause 1, Article 55 of this Law;

h) The compensation request has been resolved by a judgment or decision that has taken legal effect.

3. The assignment of personnel to resolve compensation is carried out as follows:

a) Within two working days from the date of accepting the claim file, the compensation resolution agency must assign personnel to resolve compensation;

b) The personnel resolving compensation must have expertise and experience in the relevant field where the compensation request arises; they may not be persons with rights and interests related to the case or close relatives of the person performing public duties who caused damage or of the person suffering damage, as prescribed by the Civil Code.

4. The acceptance of claims, non-acceptance of claims, and assignment of personnel to resolve compensation must be notified in writing to the person requesting compensation and the state management agency responsible for state compensation work. In cases where the claim file is not accepted, the file must be returned along with a clear explanation of the reasons; for cases prescribed in point a, Clause 2 of this Article, guidance must be provided to the person requesting compensation to approach the competent authority for resolution.

If the claim file has already been accepted but one of the grounds specified in Clause 2 of this Article occurs, the compensation resolution agency must stop the resolution process, remove the case from the acceptance register, and return the claim file to the person requesting compensation.

5. Where the person suffering damage only requests restoration of reputation, no decision on compensation resolution as prescribed in this Section shall be issued. Restoration of reputation shall be carried out as prescribed in Section 3 of this Chapter.

Article 44. Advance Payment of Compensation Funds

1. Upon the request of the person requesting compensation as prescribed in point e, Clause 3, Article 41 of this Law, the compensation resolution agency shall advance payment of compensation funds for the following damages:

a) Mental distress damages as prescribed in Clauses 1, 2, 3, 4, and 6 of Article 27 of this Law;

b) Other damages that can be immediately calculated without the need for verification.

2. The procedure and formalities for advancing compensation funds are carried out as follows:

a) Immediately upon accepting the claim file, the personnel resolving compensation must determine the value of the damages as prescribed in Clause 1 of this Article and propose to the head of the compensation resolution agency the advance payment of compensation funds and the amount to be advanced to the person requesting compensation;

b) Within five working days from the date of receiving the proposal, if there is still an administrative budget allocated by the competent authority, the compensation resolution agency must complete the advance payment of funds and pay them to the person requesting compensation.

Based on the funds temporarily advanced to pay the person requesting compensation, the compensation resolution agency proposes to the competent financial authority to replenish the funds temporarily advanced to the person requesting compensation;

c) In cases where there is no longer sufficient administrative budget allocated by the competent authority, within two working days from the date of receiving the proposal, the head of the compensation resolution agency must issue a document requesting the competent financial authority to advance funds to pay the person requesting compensation.

3. The financial authority is responsible for providing funds to the compensation resolution agency as follows:

a) In cases where the compensation resolution agency has temporarily advanced funds to the person requesting compensation, within seven working days from the date of receiving the request to replenish funds as prescribed in point b, Clause 2 of this Article, the competent financial authority must replenish the funds for the compensation resolution agency;

b) In cases where the compensation resolution agency has issued a document requesting temporary advance of funds, within seven working days from the date of receiving the document requesting temporary advance of funds as prescribed in point c, Clause 2 of this Article, the competent financial authority must provide funds to the compensation resolution agency.

4. The head of the compensation resolution agency decides the amount to be advanced to the person requesting compensation but it must not be less than 50% of the value of the damages as prescribed in Clause 1 of this Article.

Article 45. Verification of Damages

1. The person responsible for compensation shall be responsible for conducting the verification of damages requested in the file. In cases where necessary, the person responsible for compensation may request the person requesting compensation, other individuals or organizations related to provide documents and evidence as the basis for verifying damages, requesting asset valuation, damage assessment, or seeking opinions from individuals or organizations related to damages and compensation levels.

2. Within fifteen days from the date of accepting the file, the person responsible for compensation must complete the verification of damages. In cases where the matter involves many complex circumstances or requires verification at multiple locations, the deadline for verifying damages is thirty days from the date of accepting the file.

The deadline for verifying damages may be extended by agreement between the person requesting compensation and the person responsible for compensation but not exceeding fifteen days from the end of the deadline stipulated in this clause.

3. Within three working days from the completion of the damage verification, the person responsible for compensation must complete the damage verification report as the basis for negotiating compensation.

4. In cases involving complex matters, the compensation resolution agency may request representatives of state management agencies regarding state compensation work, authorized financial agencies to participate in the verification of damages.

5. Costs for asset valuation and damage assessment shall be guaranteed from the state budget.

6. The Government shall provide detailed regulations for this Article.

Article 46. Negotiation on Compensation

1. Within two working days from the completion of the damage verification report, the compensation resolution agency must initiate negotiations on compensation. Within ten days from the start of negotiations, the negotiation must be completed. In cases where the matter involves many complex circumstances, the maximum negotiation period is fifteen days.

The negotiation period may be extended by agreement between the person requesting compensation and the person responsible for compensation but not exceeding ten days from the end of the deadline stipulated in this clause.

2. The negotiation must ensure the following principles:

a) The person requesting compensation and the compensation resolution agency are equal during the negotiation process;

b) Ensuring democracy and respecting the opinions of all participants in the negotiation;

c) The content of the negotiation and the results of the negotiation on damages to be compensated and compensation levels must comply with the provisions of this Law.

3. Participants in the negotiation on compensation include:

a) A representative of the leadership of the compensation resolution agency leading the negotiation on compensation;

b) The person responsible for compensation;

c) The person requesting compensation; the person protecting the legitimate rights and interests of the person requesting compensation (if any) as stipulated in Articles 1, 2, and 3 of Article 5 of this Law;

d) A representative of the state management agency regarding state compensation work;

đ) A representative of the competent Procuracy in cases of compensation requests arising from criminal proceedings;

e) If necessary, the compensation resolution agency may invite representatives of the same-level financial agency, other individuals or organizations, and the public servant causing damage to participate in the negotiation.

4. The negotiation shall take place at one of the following locations:

a) In cases where the person requesting compensation is an individual, the negotiation location is the People's Committee office of the commune where the person requesting compensation resides, except in cases where the parties have agreed otherwise;

b) In cases where the person requesting compensation is an organization, the negotiation location is the People's Committee office of the commune where the organization's headquarters is located, except in cases where the parties have agreed otherwise.

5. The content of the negotiation on compensation includes:

a) Types of damages to be compensated;

b) Amount of compensation;

c) Restoration of other legitimate rights and interests (if any);

d) Method of payment of compensation;

đ) Other relevant contents related to the resolution of compensation claims.

6. The negotiation shall be conducted in the following steps:

a) The person requesting compensation presents their opinion on their compensation claim and provides additional supporting documents and evidence related to their claim (if any);

b) The person responsible for compensation announces the damage verification report;

c) The person responsible for compensation and the person requesting compensation exchange and agree on the negotiation contents specified in Clause 5 of this Article;

d) The representative of the compensation resolution agency presents their opinion; the public servant causing damage presents their opinion (if any); other individuals or representatives of organizations express their opinions upon the request of the chairperson;

đ) The representative of the financial agency states their opinion on types of damages, damage levels, and compensation amounts (if any);

e) The representative of the state management agency regarding state compensation work expresses their opinion.

7. The negotiation must be recorded in a minutes document. In cases where the parties conduct multiple negotiations, a minutes document must be prepared after each negotiation.

Immediately after the conclusion of the negotiation, the person responsible for compensation must prepare a minutes document of the negotiation results. The minutes document of the negotiation results must clearly record the main contents stipulated in Clause 5 of this Article, determining whether the negotiation was successful or unsuccessful. The minutes document must bear the signature or thumbprint of the person requesting compensation, the signatures of representatives of the agencies and participants in the negotiation as stipulated in Clause 3 of this Article, and be handed over to each participant at the negotiation session.

8. In cases where the negotiation is successful, the head of the compensation resolution agency shall issue a decision on compensation resolution in accordance with Clause 1 of Article 47 of this Law.

In cases where the negotiation is unsuccessful, the person requesting compensation has the right to initiate a lawsuit to request the court to resolve the compensation claim in accordance with Clause 2 of Article 52 of this Law.

Article 47. Decision on Compensation Resolution

1. Immediately after the negotiation result record is completed, the head of the compensation resolution agency shall issue a compensation resolution decision and hand it over to the person requesting compensation at the negotiation session.

If the person requesting compensation does not accept the compensation resolution decision, the compensation resolver shall prepare a record of non-acceptance of the decision. The record must have the signatures of representatives of agencies participating in the negotiation. The record must clearly state the legal consequences of not accepting the compensation resolution decision as stipulated in point d, Clause 1, Article 51 of this Law. The compensation resolution agency must send it to the person requesting compensation within five working days from the date of preparing the record.

2. The compensation resolution decision becomes effective fifteen days after being handed over to the person requesting compensation. The compensation resolution decision includes the following main contents:

a) Name, address of the person requesting compensation;

b) Basis for determining the State's liability for compensation;

c) Contents prescribed in Clause 5, Article 46 of this Law;

d) Amount of advance payment according to Article 44 of this Law (if applicable).

Article 48. Revocation, Amendment, and Supplement of Compensation Resolution Decision

1. The head of the compensation resolution agency shall issue a decision to revoke the compensation resolution decision and suspend the resolution of the compensation request within two working days from the date of having one of the following grounds:

a) There is no longer one of the bases for determining the State's liability for compensation as prescribed in Clause 1, Article 7 of this Law;

b) Forgery of documents serving as the basis for requesting compensation;

c) Forgery of documents, papers as prescribed in points c, d, Clause 1 and Clause 2, Article 41 of this Law to request compensation.

2. The consequences of revoking the compensation resolution decision as prescribed in Clause 1 of this Article shall be resolved as follows:

a) In case compensation money has not yet been paid to the person suffering damage, the compensation resolution agency shall issue a decision to suspend the compensation resolution process as prescribed in Article 51 of this Law and recover the amount of advance compensation (if any);

b) In case compensation money has already been paid to the person suffering damage, the compensation resolution agency shall be responsible for recovering the compensation amount according to the provisions of the law;

c) In case the public servant causing damage has returned the compensation money, the agency directly managing the public servant shall be responsible for returning the recovered amount according to the provisions of Article 69 of this Law;

d) Resolve other consequences (if any) according to the provisions of the law.

3. The head of the compensation resolution agency shall issue a decision to revoke the compensation resolution decision to resolve again within two working days from the date of having one of the following grounds:

a) There is collusion between the person requesting compensation and the compensation resolver, related persons to gain undue benefits;

b) At the request of the person requesting compensation when the compensation resolver does not meet the conditions prescribed in point b, Clause 3, Article 43 of this Law or the negotiation was conducted incorrectly in terms of composition, content, procedures as prescribed in Clauses 3, 5, and 6, Article 46 of this Law.

4. The head of the compensation resolution agency shall issue a decision to amend and supplement the compensation resolution decision within two working days from the date of discovering obvious errors in spelling or figures due to mistakes or incorrect calculations in the compensation resolution decision.

5. The decision to revoke, amend, and supplement the compensation resolution decision must be immediately sent to the person requesting compensation, the competent state management agency for national compensation work, and other relevant agencies, organizations, and individuals.

Article 49. Suspension of the Resolution of Compensation Claims

1. The head of the compensation resolution agency shall issue a decision to suspend the resolution of compensation claims within two working days from the date when the person requesting compensation requests the suspension of the resolution of their compensation claim due to serious illness confirmed by a medical facility at the district level or higher, or for other legitimate reasons that prevent them from participating in the resolution process themselves.

2. The period of suspension of the resolution of compensation claims shall be determined according to the request of the person requesting compensation but shall not exceed thirty days, except in cases where the person requesting compensation is seriously ill and unable to participate in the resolution process themselves.

3. The decision to suspend the resolution of compensation must clearly state the reason for suspension, the duration of suspension, and must be sent to the person requesting compensation, the competent state management agency for national compensation work, and other relevant agencies, organizations, or individuals. Upon expiration of the suspension period, the head of the compensation resolution agency shall issue a decision to continue resolving the compensation claim.

Article 50. Temporary Suspension of the Resolution of Compensation Claims

1. The head of the compensation resolution agency shall issue a decision to temporarily suspend the resolution of compensation claims within one working day from the date of occurrence of any of the following grounds:

a) The person requesting compensation twice refuses to accept the invitation to participate in negotiations;

b) The person requesting compensation fails to attend the negotiation location after receiving the invitation without a legitimate reason;

c) The person requesting compensation does not sign or mark on the record of the negotiation results;

d) The agency or person with authority reviews the document serving as the basis for the compensation claim.

2. The period of temporary suspension of the resolution of compensation claims is thirty days from the date of issuing the decision to temporarily suspend based on any of the grounds specified in points a, b, and c of Clause 1 of this Article.

Within five working days from the end of the temporary suspension period stipulated herein, the person requesting compensation has the right to request the continuation of the resolution of compensation. The head of the compensation resolution agency shall issue a decision to continue resolving the compensation claim.

3. In cases of temporary suspension based on point d of Clause 1 of this Article, after receiving the reviewed document, if the reviewed document remains the basis for the compensation claim, the head of the compensation resolution agency shall issue a decision to continue resolving the compensation claim; if the reviewed document is not the basis for the compensation claim, the head of the compensation resolution agency shall issue a decision to terminate the resolution of the compensation claim pursuant to Article 51 of this Law.

4. The decision to temporarily suspend must clearly state the reason for suspension, the period of temporary suspension, the rights and obligations of the person requesting compensation, and the legal consequences of the temporary suspension.

The decision to temporarily suspend, and the decision to continue resolving the compensation claim must be sent to the person requesting compensation, the competent state management agency for national compensation work, and other relevant agencies, organizations, or individuals.

Article 51. Termination of the Resolution of Compensation Claims

1. The head of the compensation resolution agency shall issue a decision to terminate the resolution of compensation claims within five working days from the date of occurrence of any of the following grounds:

a) The person requesting compensation withdraws the compensation claim before the compensation resolution agency conducts damage verification;

b) The victim has died without an heir; the organization suffering damage has ceased to exist without a successor organization;

c) After the expiration of the temporary suspension period, the person requesting compensation does not request the continuation of the resolution of the compensation claim as stipulated in Clause 2 of Article 50 of this Law, or makes such a request but commits one of the acts specified in points a, b, and c of Clause 1 of Article 50 of this Law;

d) There is a decision to revoke the compensation resolution decision in the cases specified in Clause 1 of Article 48 of this Law;

đ) After the expiration of thirty days from the date of the record of non-receipt of the compensation resolution decision as stipulated in Clause 1 of Article 47 of this Law, the person requesting compensation does not receive the compensation resolution decision.

2. The person requesting compensation has no right to request the compensation resolution agency, which directly manages the public servant causing damage, to resolve the compensation claim again after a decision to terminate the resolution of the compensation claim has been issued, except in cases where the person requesting compensation proves that the withdrawal of the compensation claim was due to deception or coercion.

In the case specified in point b of Clause 1 hereof, if the compensation request document of the victim includes a request for restoration of reputation, the restoration of reputation shall be carried out in accordance with Article 59 of this Law.

3. The decision to terminate the resolution of compensation claims must be sent to the person requesting compensation, the competent state management agency for national compensation work, and other relevant agencies, organizations, or individuals.

4. If advance payment of compensation funds has been made to the person requesting compensation, the compensation resolution agency shall have the responsibility to recover the amount of advance payment when there is a decision to terminate the resolution of the compensation claim, except in the case specified in point b of Clause 1 hereof.

Section 2

CIVIL CASE RESOLUTION REGARDING COMPENSATION CLAIMS, RESOLUTION OF COMPENSATION CLAIMS DURING CRIMINAL AND ADMINISTRATIVE PROCEEDINGS AT THE COURT

Article 52. Initiating a Lawsuit and Procedures for Resolving Compensation Claims before the Court

1. Within three years from the date of receiving the document serving as the basis for the compensation claim, the person making the compensation claim has the right to initiate a lawsuit requesting the court to resolve the compensation claim in the following cases:

a) The person making the compensation claim has not requested the agency directly managing the public servant causing damage to resolve the compensation claim;

b) The person making the compensation claim withdraws the compensation claim specified in point a, Clause 1, Article 51 of this Law.

2. Within fifteen days from the date of receiving the decision on resolving the compensation claim stipulated in Article 47 of this Law, if the person making the compensation claim disagrees with that decision, or within fifteen days from the date of the record of unsuccessful negotiation as provided in Clause 7, Article 46 of this Law, if the agency directly managing the public servant causing damage does not issue a decision on resolving the compensation claim, or within fifteen days from the date of the record of unsuccessful negotiation as provided in Clause 7, Article 46 of this Law, the person making the compensation claim has the right to initiate a lawsuit requesting the court to resolve the compensation claim.

3. In cases where an event of force majeure or an objective obstacle as prescribed in the Civil Code prevents the person making the compensation claim from initiating a lawsuit within the prescribed time limit, the period during which such an event of force majeure or objective obstacle occurs shall not be counted towards the time limit for initiating a lawsuit as stipulated in Clauses 1 and 2 of this Article.

4. The person making the compensation claim does not have the right to initiate a lawsuit requesting the court to resolve the compensation claim when the decision on resolving the compensation claim stipulated in Article 47 of this Law has taken legal effect.

5. The procedures for resolving compensation claims before the court shall be carried out according to the provisions of this Section; in cases where this Section does not provide for such procedures, the provisions of the Civil Procedure Code shall apply.

6. If the civil case involving the compensation claim meets the conditions for applying the simplified procedure as prescribed in the Civil Procedure Code, the resolution of the compensation claim before the court shall be carried out through the simplified procedure.

7. The agency directly managing the public servant causing damage represents the State to participate in the proceedings as the defendant.

Article 53. Determining the Court with Jurisdiction to Resolve Civil Cases Involving Compensation Claims

a) The agencies specified in Clause 3 and Clause 4, Article 33 of this Law;

b) The agencies specified in Clauses 5, 6, and 7, Article 33 of this Law at the district and commune levels;

c) The investigative agencies at the district level, enforcement agencies at the district level.

2. The People's Court at the provincial level where the person making the compensation claim resides or works, or where the office of the agency directly managing the public servant causing damage is located, as chosen by the person making the compensation claim, shall be the court with jurisdiction to hear the first-instance trial of the compensation claim, except in the cases stipulated in Clause 1 of this Article.

Article 54. Enforcement of Court Judgments and Decisions on Resolving Compensation Claims

1. The agency directly managing the public servant causing damage is responsible for paying compensation money to the person making the compensation claim according to the judgment or decision of the court that has taken legal effect regarding the resolution of the compensation claim.

2. Agencies, organizations, and individuals related to the matter must carry out the restoration of other legitimate rights and interests of the person suffering damage according to the judgment or decision of the court that has taken legal effect regarding the resolution of the compensation claim.

Article 55. Settlement of Compensation Claims During Criminal and Administrative Proceedings at the Court

1. The resolution of criminal cases and administrative cases containing compensation claims shall be carried out in accordance with the provisions of the laws on criminal procedure and administrative procedure. The acceptance of compensation claims during criminal and administrative proceedings is the moment when the competent court accepts the claim for compensation.

2. The determination of damages to be compensated during criminal and administrative proceedings shall be conducted according to the provisions of this Law after the competent court identifies the illegal acts of public officials causing damage within the scope of state liability for compensation.

3. In cases where compensation claims are resolved during criminal and administrative proceedings, the judgment or decision of the court must also include the following contents:

a) The act causing damage within the scope of state liability for compensation;

b) Damage, amount of compensation, restoration of reputation (if applicable), and restoration of other legitimate rights and interests (if applicable);

c) The agency responsible for paying compensation, implementing the restoration of reputation (if applicable), and restoring other legitimate rights and interests (if applicable).

4. If the person requesting compensation disagrees with the content of the compensation resolution in the judgment or decision of the court or if the judgment or decision of the court does not contain a resolution on compensation, they may only continue to exercise their right to request compensation through the procedural process.

5. The Supreme People's Court shall provide guidance on the implementation of this Article.

Section 3

RESTORATION OF REPUTATION

Article 56. Forms of Restoration of Reputation

1. The restoration of reputation for the person suffering damage in criminal proceedings shall be carried out in the following forms:

a) Directly apologizing and publicly correcting at the place of residence in case the person suffering damage is an individual or at the location of the headquarters in case the person suffering damage is a commercial entity;

b) Publishing an apology and public correction in the press.

2. The restoration of reputation for individuals who have suffered damage due to being unlawfully dismissed from employment or subjected to administrative measures leading to placement in educational facilities or compulsory drug rehabilitation centers shall be carried out by publishing an apology and public correction in the press.

Article 57. Proactive Restoration of Reputation

1. Within fifteen days from the date of receipt of the document serving as the basis for the compensation claim or from the date the judgment or decision provided for in Article 55 of this Law becomes effective, the agency directly managing the public official causing damage shall notify the person suffering damage in writing about the state's organization to restore reputation.

2. If the person suffering damage agrees with the content of the notification, the agency directly managing the public official causing damage shall implement the restoration of reputation in accordance with Articles 58 and 59 of this Law.

3. If the person suffering damage disagrees with the content of the notification, they may propose specific opinions regarding that content so that the agency directly managing the public official causing damage has a basis to implement the restoration of reputation.

4. If the person suffering damage requests that the restoration of reputation not be implemented, it will be carried out upon the person's written request.

5. If the person suffering damage refuses the right to have their reputation restored as prescribed by this Law, they no longer have the right to request the restoration of reputation. The refusal must be in writing; if the person suffering damage refuses the right to have their reputation restored verbally, the agency directly managing the public official causing damage shall record the refusal in a protocol, clearly stating the refusal of the right to have their reputation restored by the person suffering damage. The protocol must be signed or marked with a fingerprint by the person suffering damage.

6. If the person suffering damage dies, the agency directly managing the public official causing damage shall carry out the publication of an apology and public correction in the press in accordance with Article 59 of this Law.

7. The Government shall provide detailed regulations on this matter.

Article 58. Direct Apology and Public Correction

1. The organization of direct apology and public correction provided for in point a, Clause 1, Article 56 of this Law shall be implemented as follows:

a) Within fifteen days from the date of receipt of the consent document or request of the person suffering damage regarding the restoration of reputation as stipulated in Article 41 or Article 57 of this Law, the head of the agency directly managing the public servant causing damage shall be responsible for organizing the direct apology and public correction;

b) Participants in the direct apology and public correction session include representatives of leaders of agencies conducting prosecution, agencies, organizations, and other individuals related to the matter.

2. The Government shall provide detailed regulations for this Article.

Article 59. Publishing Apology and Public Correction in Newspapers

1. The publication of apology and public correction in newspapers provided for in point b, Clause 1 and Clause 2, Article 56 of this Law shall be implemented as follows:

a) Within fifteen days from the date of receipt of the consent document or request of the person suffering damage regarding the restoration of reputation as stipulated in Article 41 or Article 57 of this Law, the central agency directly managing the public servant causing damage shall be responsible for publishing the apology and public correction in one central newspaper and one local newspaper where the person suffering damage resides if the person is an individual, or where the business entity's headquarters is located if the person is a commercial legal entity, in three consecutive issues; posting the content of the apology and public correction on the electronic portal (if available) of the agency directly managing the public servant causing damage;

b) Within fifteen days from the date of receipt of the consent document or request of the person suffering damage regarding the restoration of reputation as stipulated in Article 41 or Article 57 of this Law, the local agency directly managing the public servant causing damage shall be responsible for publishing the apology and public correction in one provincial newspaper at the location where the person suffering damage resides if the person is an individual, or where the business entity's headquarters is located if the person is a commercial legal entity, in three consecutive issues; posting the content of the apology and public correction on the electronic portal (if available) of the agency directly managing the public servant causing damage;

c) Immediately after publishing the apology and public correction in newspapers, the agency directly managing the public servant causing damage shall be responsible for sending the newspaper to the person suffering damage and the People's Committee of the commune where the person suffering damage resides if the person is an individual, or where the business entity's headquarters is located if the person is a commercial legal entity, for public display at the headquarters.

2. The Government shall provide detailed regulations for this Article.

Chapter VI

COMPENSATION FUNDS AND PAYMENT PROCEDURES

Article 60. Compensation Funds

1. The State shall be responsible for allocating a portion of the state budget to fulfill the State’s compensation responsibility. The compensation funds include:

a) Payment to the person suffering damage;

b) Costs for asset valuation and damage assessment.

2. In cases where the compensation settlement agency is funded from the central government budget, the compensation funds shall be guaranteed from the central government budget.

3. In cases where the compensation settlement agency is funded from the local government budget, the compensation funds shall be guaranteed from the provincial government budget.

4. The Ministry of Finance and the Department of Finance shall be responsible for timely and full disbursement of the compensation funds.

Article 61. Preparation of Budget for Compensation Expenses

1. Annually, based on the actual amount of compensation money and expenses for asset valuation and damage assessment distributed in the previous year, the Ministry of Finance shall prepare the budget for compensation expenses for compensation settlement agencies funded from the central government budget, report to the Government for submission to the National Assembly for consideration and decision in accordance with the laws on state budget.

2. Annually, based on the actual amount of compensation money and expenses for asset valuation and damage assessment distributed in the previous year, the Department of Finance shall prepare the budget for compensation expenses for compensation settlement agencies funded from the local budget, report to the People's Committee at the provincial level for submission to the People's Council at the same level for consideration and decision in accordance with the laws on state budget.

Article 62. Allocation of Compensation Funds and Payment of Compensation Money

1. Within two working days from the date of the decision on compensation resolution or the judgment, decision of the Court on compensation claim becoming legally effective, the agency directly managing the public servant causing damage must submit the application file for allocation of compensation funds to the competent financial authority.

2. The application file for allocation of compensation funds, except in cases stipulated in Clause 3 of this Article, includes:

a) A request document for allocation of compensation funds containing full information about the person suffering damage, basis for determining compensation amounts, specific damage compensation amounts, any advance payment (if any), and the total amount requested for compensation payment;

b) A copy of the document serving as the basis for the compensation claim;

c) The judgment, decision of the competent authority on compensation resolution that has become legally effective.

3. The application file for allocation of compensation funds in cases of compensation resolution as prescribed in Article 55 of this Law includes:

a) A request document for allocation of compensation funds containing full information about the person suffering damage, basis for determining compensation amounts, specific damage compensation amounts, and the total amount requested for compensation payment;

b) The judgment of the Court on compensation resolution that has become legally effective.

4. Within five working days from the date of receipt of the complete files as prescribed in Clause 2 or Clause 3 of this Article, the financial authority must complete the allocation of compensation funds to the agency directly managing the public servant causing damage.

In case there is clear evidence that the file does not meet the requirements stipulated in Clause 2 or Clause 3 of this Article or the compensation amount does not comply with the provisions of the law, the financial authority shall be responsible for coordinating with the compensation settlement agency to perfect the file and allocate the compensation funds within fifteen days from the date of receipt of the application file for allocation of compensation funds.

In case there is clear evidence that the compensation amount in the judgment, decision of the Court on compensation resolution as prescribed in Clause 1 and Clause 2 of Article 52 or Article 55 of this Law does not comply with the provisions of the law, the financial authority shall propose the competent authority to resolve according to the litigation procedure.

5. Within two working days from the date of receipt of the funds allocated by the financial authority, the agency directly managing the public servant causing damage must notify in writing the person requesting compensation about the payment of compensation money. Within two working days from the date the person requesting compensation receives the notification, the agency directly managing the public servant causing damage must proceed with the payment of compensation money.

6. Upon expiration of three years from the date of receipt of the notification as prescribed in Clause 5 of this Article, if the person requesting compensation does not accept the compensation money, the agency directly managing the public servant causing damage shall handle the procedures for depositing the money into the state treasury in accordance with the law. The period during which force majeure or objective obstacles occur as prescribed in the Civil Code shall not be counted towards the time limit stipulated in this clause.

Article 63. Settlement of Compensation Expenses

1. After disbursing compensation money to the person suffering damage, the agency directly managing the public servant causing the damage shall be responsible for submitting relevant documents related to the disbursement of compensation money to the financial agency that has allocated the funds for settlement in accordance with the provisions of the law.

2. At the end of the fiscal year, the Ministry of Finance and the Department of Finance shall be responsible for settling the compensation expenses in accordance with the provisions of the State budget law.

Chapter VII

RESPONSIBILITY FOR REPAYMENT

Article 64. Obligation to Repay of Public Servants

1. A public servant who causes damage due to fault shall have the obligation to repay to the State budget a part or the entire amount of money that the State has compensated to the person suffering damage.

2. In cases where multiple public servants cause damage together, they shall have the obligation to repay corresponding to the degree of their fault and the damage that the State must compensate.

Article 65. Determination of Repayment Amount, Reduction of Repayment Amount

1. The basis for determining the repayment amount includes:

a) The degree of fault of the public servant;

b) The amount of money the State has compensated.

2. In cases where one public servant causes damage, the repayment amount shall be determined as follows:

a) A public servant who intentionally causes damage and has been convicted by a final judgment shall be required to repay the entire amount of money that the State has compensated to the person suffering damage;

b) A public servant who intentionally causes damage but not to the extent of being criminally prosecuted shall repay from thirty to fifty months' salary at the time of the repayment decision, but not exceeding fifty percent of the amount the State has compensated;

c) A public servant who negligently causes damage shall repay from three to five months' salary at the time of the repayment decision, but not exceeding fifty percent of the amount the State has compensated;

d) In cases where fifty percent of the amount the State has compensated is lower than thirty months' salary specified in point b of this clause or lower than three months' salary specified in point c of this clause, the amount the public servant must repay shall be fifty percent of the amount the State has compensated.

3. In cases where multiple public servants cause damage together, the repayment amount of each individual shall be determined according to the provisions of clause 2 of this Article, but the total repayment amount shall not exceed the amount the State has compensated to the person suffering damage.

4. A public servant may have their repayment amount reduced if they meet all of the following conditions:

a) Proactively remedying the consequences;

b) Fulfilling all obligations during the process of handling the compensation claim and having repaid at least fifty percent of the amount to be repaid;

c) The public servant has difficult economic circumstances. The head of the agency directly managing the public servant causing damage decides to reduce the repayment amount, but not exceeding thirty percent of the total amount to be repaid.

5. The Government shall provide detailed regulations on this matter.

Article 66. Authority and Procedures for Determining Repayment Liability

1. Within ten days from the date of completing the payment of compensation money, the head of the agency disbursing the compensation money shall establish a Council to examine the liability for repayment. In cases where multiple public servants from different agencies cause damage, the Council examining the liability for repayment must include representatives from the agencies involved in causing the damage.

2. Within twenty days from the date of establishment, the Council examining the liability for repayment must complete the determination of the public servants causing damage, the degree of fault of the public servants causing damage, the liability for repayment, the repayment amount of each individual, and issue a written recommendation to the head of the agency disbursing the compensation money. In complex cases, the deadline may be extended but not exceeding thirty days.

3. Based on the recommendation of the Council examining the liability for repayment, the head of the agency disbursing the compensation money shall implement:

a) Issuing a repayment decision against the public servant causing damage, except in the case provided for in point b of this clause;

b) Issuing a repayment decision against the public servant causing damage under his management in criminal proceedings and recommending the head of the prosecution agency involved to issue a repayment decision against the public servant causing damage under its management. The head of the agency directly managing the public servant causing damage issues the repayment decision and bears responsibility before the law for that decision.

4. The repayment decision must be sent to the public servant with the obligation to repay, the state management agency regarding national compensation work, and the agencies and organizations related to collecting the repayment money.

5. The Government shall provide detailed regulations on this matter.

Article 67. Decisions on repayment and decisions to reduce the amount of repayment

1. Decisions on repayment and decisions to reduce the amount of repayment take effect from the date of signing.

2. In cases where decisions on repayment and decisions to reduce the amount of repayment are not in accordance with the provisions of Articles 65 and 66 of this Law, the state management agency for state compensation work shall recommend the head of the agency directly managing the public servant causing damage to review the decision on repayment and the decision to reduce the amount of repayment.

3. Based on the legally effective decisions on repayment and decisions to reduce the amount of repayment, the agency directly managing the public servant causing damage shall be responsible for collecting the amount to be repaid and promptly depositing it fully into the state budget in accordance with the law, except in the case provided for in Article 70 of this Law.

Article 68. Implementation of Repayment

1. Repayment may be carried out in one or multiple installments and must be specified in the decision on repayment.

2. In cases where repayment is made by gradually deducting from the monthly income derived from salary, the minimum deduction rate is 10% and the maximum is 30% of the monthly income derived from salary.

3. In cases where the public servant required to repay is currently raising a child under 36 months old or a woman who is pregnant, the repayment may be deferred according to the decision of the head of the agency directly managing the public servant causing damage.

Article 69. Handling of Repaid Funds and Responsibility for Repayment in Cases Where the Basis for Compensation Claim Is No Longer Valid

1. If the document serving as the basis for the compensation claim is determined by the competent state agency to no longer be a basis for the compensation claim and the public servant causing damage has already repaid, the agency directly managing the public servant causing damage shall be responsible for returning the amount that was repaid.

2. If the head of the agency directly managing the public servant causing damage has not issued a decision on repayment, the determination of the responsibility for repayment shall be suspended.

3. The Government shall provide detailed regulations on this Article.

Article 70. Responsibility for Collecting Repayment in Cases Where the Public Servant Transfers to Another Agency or Organization

1. The agency or organization currently directly managing, using, and paying the salary to the public servant causing damage shall be responsible for collecting the repayment according to the decision on repayment.

2. The agency directly managing the public servant causing damage at the time the damage occurred shall be responsible for requesting the agency or organization currently directly managing, using, and paying the salary to the public servant causing damage to collect the repayment according to the decision on repayment and deposit it into the state budget in accordance with the law.

Article 71. Responsibility for Collecting Repayment in Cases Where the Public Servant Causing Damage Has Retired or Resigned

1. The Social Insurance Agency currently paying the pension to the public servant causing damage shall be responsible for collecting the repayment according to the decision on repayment and promptly depositing it fully into the state budget.

2. In cases where the public servant causing damage has resigned but is not receiving a pension or working for another agency or organization, the agency directly managing the public servant causing damage at the time the damage occurred shall be responsible for organizing the implementation of the decision on repayment in accordance with the law.

Article 72. Obligation to repay in cases where public officials cause death damage

In cases where public officials cause death damage, the decision to repay ceases to be effective at the time of their death.

Chapter VIII

RESPONSIBILITIES OF STATE AGENCIES IN THE WORK OF STATE COMPENSATION

Article 73. State management responsibility for state compensation work

1. The Government shall uniformly manage state affairs concerning state compensation in administrative management, litigation, and enforcement activities throughout the country.

2. The Ministry of Justice shall be the lead agency assisting the Government in managing state affairs concerning state compensation and shall have the following duties and powers:

a) Developing strategies and policies on state compensation work;

b) Issuing detailed regulations and guidance for implementing the Law on State Compensation Liability within its authority or submitting them to competent state agencies for issuance; issuing forms and records for state compensation work;

c) Providing guidance and training on skills and expertise in state compensation work; resolving ambiguities in the application of laws on state compensation liability;

d) Determining the agency responsible for compensation according to points a and b of Clause 1, Article 40 of this Law;

đ) Supporting victims in completing procedures to request compensation;

e) Monitoring and urging the implementation of state compensation work; taking the lead and coordinating with relevant agencies to inspect and examine state compensation work; handling complaints and accusations, and dealing with violations in state compensation work in accordance with the law;

g) Annually compiling statistics on the implementation of state compensation work and reporting to the Government as prescribed;

h) Requesting the compensation resolution agency to report on the handling of compensation requests, the fulfillment of repayment obligations, and disciplinary actions against public officials causing damage when necessary;

i) Managing state affairs concerning international cooperation in state compensation work;

k) Building and managing a database on state compensation work;

l) Recommending competent authorities to handle violations in compensation resolution and the fulfillment of repayment obligations as prescribed by law;

m) Recommending authorized persons to appeal court judgments and decisions containing compensation resolutions as prescribed by law; requesting the head of the agency directly managing the public official causing damage to revoke the compensation resolution decision if there is one of the grounds stipulated in Clause 1 and point a of Clause 3, Article 48 of this Law without issuing a revocation decision;

n) Assisting the Government in coordinating with the Supreme People's Court and the Supreme People's Procuracy to manage state compensation work in litigation areas;

o) Other duties and powers as prescribed by law.

3. Provincial People's Committees shall manage state affairs concerning state compensation work in administrative management, litigation, and enforcement activities at the local level and shall have the following duties and powers:

a) Providing guidance and training on skills and expertise in state compensation work;

b) Determining the agency responsible for compensation according to points a and b of Clause 1, Article 40 of this Law;

c) Guiding victims in completing procedures to request compensation within their locality;

d) Monitoring, urging, and inspecting state compensation work; conducting inspections, handling complaints and accusations, and dealing with violations in state compensation work;

đ) Annually leading and coordinating with related agencies and organizations at the local level to compile statistics on the implementation of state compensation work and reporting to the Ministry of Justice as prescribed;

e) Requesting the compensation resolution agency to report on the handling of compensation requests, the fulfillment of repayment obligations, and disciplinary actions against public officials causing damage when necessary;

g) Recommending competent authorities to handle violations in compensation resolution and the fulfillment of repayment obligations within their jurisdiction;

h) Recommending authorized persons to appeal court judgments and decisions containing compensation resolutions as prescribed by law; requesting the head of the agency directly managing the public official causing damage to revoke the compensation resolution decision if there is one of the grounds stipulated in Clause 1 and point a of Clause 3, Article 48 of this Law without issuing a revocation decision;

i) Other duties and powers as prescribed by law.

4. Departments of Justice assist Provincial People's Committees in managing state affairs concerning state compensation work at the local level.

Article 74. Responsibilities of the Supreme People's Court and the Supreme People's Procuracy

Within their respective functions, tasks, and authorities, the Supreme People's Court and the Supreme People's Procuracy shall be responsible for:

1. Coordinating with the Government to implement state management contents regarding state compensation work as stipulated in Clause 2, Article 73 of this Law;

2. Inspecting, auditing, handling complaints and denunciations related to state compensation work in accordance with the provisions of the law;

3. Directing the agency handling compensation to carry out compensation work, determine liability for repayment, implement decisions on repayment, and implement disciplinary measures within their authority;

4. Handling and directing the handling of violations in the process of resolving compensation and implementing liability for repayment;

5. Annually or upon request from the state management agency regarding state compensation work, compiling statistics and reporting to the Government on the implementation of state compensation work;

6. Directing the People's Courts and People's Procuracies at all levels to coordinate with competent state management agencies to implement state compensation work;

7. Responding to and implementing recommendations of the state management agency regarding state compensation work;

8. Performing other tasks and exercising other powers as prescribed by this Law.

Article 75. Responsibilities of Ministries, ministerial-level agencies, and government agencies

Within their respective functions, tasks, and authorities, Ministries, ministerial-level agencies, and government agencies shall be responsible for:

1. Coordinating with the Ministry of Justice to implement state management contents regarding state compensation work as stipulated in Clause 2, Article 73 of this Law;

2. Inspecting, auditing, handling complaints and denunciations related to state compensation work in accordance with the provisions of the law;

3. Directing the agency handling compensation to carry out compensation work, determine liability for repayment, implement decisions on repayment, and implement disciplinary measures within their authority;

4. Handling and directing the handling of violations in the process of resolving compensation and implementing liability for repayment;

5. Annually or upon request from the state management agency regarding state compensation work, compiling statistics and reporting on the implementation of state compensation work;

6. Responding to and implementing recommendations of the state management agency regarding state compensation work;

7. Performing other tasks and exercising other powers as prescribed by this Law.

Chapter IX

IMPLEMENTING PROVISIONS

Article 76. Litigation Fees, Registration Fees, Other Fees, and Taxes During the Process of Resolving Compensation Claims

1. The agency handling compensation shall not collect litigation fees, registration fees, and other fees for the content of compensation claims falling within the scope of state compensation responsibility as prescribed by this Law.

2. The person suffering damage shall not pay personal income tax or corporate income tax on the amount of compensation received.

Article 77. Effective Date

1. This Law shall take effect from July 1, 2018.

2. The Law on State Responsibility for Compensation No. 35/2009/QH12 shall cease to be effective from the date this Law takes effect.

Article 78. Transitional Provisions

1. In cases where compensation claims have been accepted by the agency handling compensation before the effective date of this Law but have not yet been resolved or are still being resolved, the provisions of the Law on State Responsibility for Compensation No. 35/2009/QH12 shall continue to be applied for resolution.

2. From the date this Law takes effect, cases eligible for compensation under the Law on State Responsibility for Compensation No. 35/2009/QH12 that are still within the statute of limitations as prescribed by the Law on State Responsibility for Compensation No. 35/2009/QH12 but have not yet requested state compensation or have requested but have not been accepted for resolution shall be resolved according to the provisions of this Law.

Luật này được Quốc hội nước Cộng hòa xã hội chủ nghĩa Việt Nam khóa XIV, kỳ họp thứ 3 thông qua ngày 20 tháng 6 năm 2017.