CIRCULAR

GUIDING IMPLEMENTATION OF ARTICLE 55 OF THE LAW ON STATE COMPENSATION LIABILITY REGARDING SETTLEMENT OF COMPENSATION CLAIMS DURING CRIMINAL PROCEEDINGS, ADMINISTRATIVE PROCEEDINGS AT COURT

Pursuant to the Law on Organization of People’s Court dated November 24, 2014;

Pursuant to the Law on State Compensation Liability dated June 20, 2017;

Pursuant to the Law on Criminal Proceeding dated November 27, 2015, amended on November 12, 2021;

Pursuant to the Law on Administrative Proceeding dated November 25, 2015; the Law on amendment to the Law on State Audit dated November 26, 2019;

At request of Director of Department of Legal affairs and Research Administration of the Supreme People’s Court;

Chief Justice of the Supreme People’s Court promulgates Circular guiding implementation of Article 55 of the Law on State Compensation Liability.

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This Circular guides implementation of Article 55 of the Law on State Compensation Liability regarding settlement of compensation claims during criminal proceedings, administrative proceedings at Court.

Article 2. Regulated entities

1. Presiding agencies and presiding officers in criminal cases, administrative cases shall settle compensation claims within state compensation liability.

2. Individual plaintiffs; heirs of deceased individual plaintiffs; organizations inheriting rights and obligations of organization plaintiffs that have ceased to exist; legal representatives of plaintiffs in situations that require legal representatives in accordance with the Civil Code.

3. Individuals, juridical persons authorized by individuals under Clause 2 of this Article to file request for compensation.

4. Law enforcers, direct authority of law enforcers that cause the damage.

5. Other agencies, organizations, and individuals.

Article 3. Identifying competent Court capable of settling compensation claims under state compensation liability during criminal proceeding, administrative proceeding

1. Courts processing first-instance procedures of criminal cases shall be entitled to settle compensation claims under state compensation liability when all conditions below are met:

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b) Actions of the prosecuted suspects, defendants that cause damage and compensation claims under state compensation liability are related;

c) Individuals eligible to file request for compensation under Article 5 of the Law on State Compensation Liability file request for compensation.

2. Courts processing first-instance procedures of administrative cases shall be entitled to settle compensation claims under state compensation liability when all conditions below are met:

a) Defendants having administrative decisions, administrative actions under Article 7 of the Law on Administrative Proceeding and Article 17 of the Law on State Compensation Liability;

b) Administrative decisions, administrative actions being sued for causing damage and compensation claims under state compensation liability are related;

c) Individuals eligible to file request for compensation under Article 5 of the Law on State Compensation Liability file request for compensation.

3. During criminal judgment enforcement, the court shall not process compensation claims under state compensation liability in criminal proceeding if the defendants or suspects are law enforcers committing damaging acts according to Article 18 of the Law on State Compensation Liability. Settlement of compensation claims in this case shall be done at superior authority of law enforcers that cause the damage in accordance with Section 1 Chapter V of the Law on State Compensation Liability.

Article 4. Requesting the Court to settle compensation claims under state compensation liability during criminal proceeding, administrative proceeding

1. Individuals under Article 5 of the Law on State Compensation Liability have the right to request competent Court entitled to process criminal cases under Clause 1 Article 3 hereof to settle compensation claims under state compensation liability. Compensation request shall be made before the trial panel enters deliberation room.

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3. Compensation request under Clause 1 and Clause 2 of this Article shall be made in writing or statements, presented and recorded in court records, meeting minutes, other working records.

4. Criminal cases, administrative cases where compensation claims under state compensation liability are filed in accordance with Clause 1 and Clause 2 of this Article shall be reviewed and settled in the same case, except for cases under Article 30 of the Law on Criminal Proceeding, Clause 2 Article 7 of the Law on Administrative Proceeding and guidance under Article 7 hereof.

If persons filing compensation claims file the claims after the deadline under Clause 1 and Clause 2 of this Article, the Court shall not settle the claims but provide explanation for the right to request competent authority to settle compensation in accordance with the Law on State Compensation Liability when they receive judgment, decision from the Court.

Article 5. Identifying violations of the law of law enforcers that cause damage under state compensation liability

1. The Court under Article 3 hereof shall be entitled to identify violations of the law of law enforcers that cause damage under state compensation liability.

2. During deliberation, trial panels shall discuss and identify whether actions of law enforcers are against the law, cause damage under state compensation liability or not. This shall be recorded in deliberation record.

3. If actions of law enforcers are against the law and cause damage under state compensation liability, the trial panels shall determine damage liable for compensation; review and decide on issues relating to compensation under judgment, decision.

4. If actions of law enforcers are not against the law or are not under state compensation liability, the trial panel shall reject compensation liability under judgment, decision.

Article 6. Identifying damage liable for compensation

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2. Identifying of damage liable for compensation shall conform to the Law on State Compensation Liability.

Article 7. Splitting compensation request for settlement via separate cases according to civil proceeding

1. If actions of law enforcers are against the law and under state compensation liability but there are insufficient documents and evidence to settle compensation request, trial panels shall split compensation request in order to settle the request via separate cases. Persons requesting compensation shall have the right to request competent Court to settle compensation claims in accordance with civil proceeding regulations as soon as judgments, decisions on resolution of criminal, administrative cases enter into force. The splitting of compensation request shall not affect resolution of criminal, administrative cases.

2. If a civil case being processed in accordance with Clause 1 of this Article where criminal or administrative judgment, decision is appealed in accordance with cassation or retrial procedures, the Court shall issue decision on temporary suspension of the civil case while waiting for cassation, retrial results of criminal, administrative cases.

Article 8. Contents of judgment settling compensation claims

Criminal judgments, administrative judgments settling compensation claims under state compensation liability shall contain:

1. In the section containing information on parties to the proceeding, specify participation eligibility of persons requesting compensation under state compensation liability in accordance with the Law on Criminal Proceeding, the Law on Administrative Proceeding.

2. In the section “NỘI DUNG VỤ ÁN” (CASE DETAILS), present request of persons requesting compensation in separate paragraphs.

3. In the section “NHẬN ĐỊNH CỦA TÒA ÁN” (COURT REMARKS), present the following issues in separate paragraphs:

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b) If compensation request is rejected, analyze and determine that actions of law enforcers are not against the law nor under state compensation liability;

c) If compensation request is split and settled via separate cases, analyze and determine that actions of law enforcers are against the law and under state compensation liability but there are insufficient documents and evidence to settle compensation request.

4. In the section “QUYẾT ĐỊNH” (DECISION), present the following issues in separate paragraphs:

a) If compensation request is approved, specify that the request has been approved; identify all damage liable for compensation, compensation amount, restoration of honor (if any); restoration of other legitimate rights and benefits (if any); identify authority responsible for making compensation, restoring honor (if any), restoring other legitimate rights and benefits (if any): request direct superior authority of law enforcers that cause damage to identify compensation liability of law enforcers that cause damage and collect compensation; state that requesting persons are not required to incur court fees, charges, and other fees applicable to compensation request;

b) If compensation request is not approved, specify that compensation request has been rejected; state that requesting persons are not required to incur court fees, charges, and other fees applicable to compensation request;

c) If compensation request is split, specify that actions of law enforcers are against the law and under state compensation liability; split compensation request in order to settle in separate case according to civil proceeding; requesting persons have the right to file a civil lawsuit to request the Court to make compensation according to civil proceeding procedures.

Article 9. Entry into force and organizing implementation

1. This Circular comes into force from October 20, 2023.

2. Difficulties that arise during the implementation of this Circular should be reported to the Supreme People’s Court (via the Department of Legal affairs and Research Administration) for consideration. Amendments to this Circular shall be decided by Chief Justice of the Supreme People’s Court./.

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CHIEF JUSTICE




Nguyen Hoa Binh