The LAW of the State compensation liability _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the Constitution of the Socialist Republic of Vietnam in 1992 was revised, some additional articles by resolution No. 51/2001/QH10;
Congress enacted the law on State compensation responsibility.
CHAPTER INHỮNG GENERAL PROVISIONS article 1. Scope this law regulates the liability of compensation by the State for the individual, the organization suffered damage by the person on duty in administrative management, proceedings, enforcement of judgments; the procedure of compensation of the damage; rights, obligations of individuals, the organization suffered damage; compensation expense and refund liability of the person on duty has caused damage.
Article 2. The object to be compensated individuals, organized material damage, loss of the spirit (hereafter referred to collectively as the victims) in the cases specified in this law shall be the State compensation.
Article 3. Explanation of terms In this law, the terms below are interpreted as follows: 1. The person on duty who are approved, elections, recruited or appointed to a position in State bodies to carry out the task of administrative management, proceedings, enforcement of judgments or other person be competent State agencies assigned duties related to operational management administrative, proceedings, enforcement of judgments.
2. the unlawful behavior of the person on duty caused damage behavior is not performed or performed the duties and powers are not properly regulated by law and defined in the text of the authorized State agencies.
3. The text identify unlawful behaviour of the person on duty is deciding complaints, accusations of who has the authority to resolve the complaint, report or judgment, the decision of the competent authority conducting the proceedings.
4. The Agency has the responsibility to compensate the direct agency management is the duty to have unlawful acts causing damage or other agency specified by this law.
Article 4. The right to claim the 1. The victims have the right to request the Agency is responsible for resolving claims for compensation when there is text of competent State agencies determine the behavior of the person on duty is contrary to law or in writing of the authorized agencies in criminal activities identified the victims in the case of compensation prescribed in article 26 of this law.
2. in the claims process or administrative lawsuits, victims have the right to request the competent appeal court or settle the claim.
Article 5. Claim time limits 1. Claim time limits prescribed in clause 1 article 4 of this law is 2 years from the date the competent State agencies issued the text determines the behavior of the person on duty is contrary to law or from the date of the judgment, the decision in effect laws of bodies conducting criminal proceedings identified the victims in the case are claims often the provisions of article 26 of this law.
2. claim time limits prescribed in clause 2 4 of this Act is determined by the provisions of the law on complaints and denunciation and the law on the procedure of resolving administrative cases.
3. In the process of complaint resolution, resolving the Administration has determined is unlawful behavior of people on duty and have the actual damage which the compensation has not yet been resolved, the time limits the claim be applied according to the provisions in clause 1 of this article.
Article 6. Determining liability 1. The determination of the compensation liability of the State in administrative management activities, civil litigation, administrative proceedings, enforcement of judgments must have the following: a) has the text of the State bodies are competent to determine the behavior of the person on duty is against the law and in the scope of liability defined in article 13 , 28, 38 and 39 of this Act;
b) Have actual damage caused by unlawful acts of the person on duty caused for the victims.
2. The determination of the compensation liability of the State in criminal activities must have the following: a) Has the judgment, the decision of the competent State organs in criminal activities identified the victims in the case of compensation prescribed in article 26 of this law;
b) Have actual damage caused by the criminal conduct caused for the victims.
3. the State does not compensate for the damage that occurs in the following cases: a) the fault of the person suffering damage;
b) victims concealed evidence, documents or providing false documentation in the process of resolving the incident;
c) Due to unforeseen events, urgent situation.
Article 7. The principle of compensation The compensation must adhere to the following guidelines: 1. Timely, public, lawful;
2. Be conducted on the basis of negotiation between the authorities responsible for compensation to the victims or their legal representatives;
3. Be paid once by the money, unless the parties have agreed otherwise.
Article 8. The duties and powers of the authorities responsible for agency compensation responsibility of compensation have the task, the following powers: 1. Receiving, accepting the single claim of the victims;
2. Verify the damage, negotiate with the victims, compensation decisions;
3. Proceedings at the Court as defendants in the case of the victims Sue asks court to settle claims;
4. Make payments to victims and compensation funding settlement;
5. Ask the person on duty returned to the State budget a sum of money which the State compensation for the victims;
6. Complaints, accusations related to the settlement of compensation prescribed by the law on complaints and denunciations;
7. restore or agency recommendations, the Organization has the authority to restore the rights, legitimate interests of victims;
8. report the compensation prescribed by the law.
Article 9. Rights, obligations of the victims 1. The victims have the right to: a) the requesting State compensation, restoration of honor under the provisions of this law;
b) Is the agency responsible for compensation or court and announced the settlement of compensation;
c) complaint, denouncing the decision, unlawful acts of authority in resolving the compensation prescribed by the law on complaints and denunciations;
d) complaints, appeals the verdict, the decision of the Court under the provisions of the law in the proceedings;
DD) requires that the Agency, the competent organizations to restore the rights, legitimate interests.
2. Victims are obliged to: a) provide timely, complete and honest documentation, evidence relevant to the required compensation;
b) proof of actual damage has occurred.
Article 10. Rights, the obligation of the person on duty has caused losses of 1. The person on duty has caused damage has the following rights: a) received the decisions related to the settlement of compensation;
b) complaints, accusations, claims decisions, unlawful acts of authority in resolving the compensation prescribed by law;
c) other rights prescribed by law.
2. The person on duty has caused damage has the following obligations: a) provided timely, full and honest information, documents relevant to the resolution of the claim at the request of the authorities responsible for compensation or the Court;
b) returned to the State budget a sum of money that the State has compensated for the loss by decision of the competent State agencies;
c) other obligations prescribed by law.
Article 11. Responsible for the management of State compensation of 1. The Government has the following responsibilities: a) unified state management of compensation in the administrative and management activities in the implementation of projects;
b) in coordination with the Supreme People's Court, the Supreme People's Procuracy manages the work of active compensation in the proceedings;
c) issued under the authority or the competent agency recommendations issued legal documents about the compensation responsibility of the State;
d) annually, statistics, summarizing the implementation of compensation; the report to Congress, the National Committee on the work of compensation as requested by Parliament, the Commission of the National Assembly.
The Department of Justice helps the Government to perform the tasks specified in this paragraph.
2. Ministries, ministerial-level agencies, provincial people's Committee in the scope of its powers, duties make the governance of compensation work; every year, the Department of Justice report on the work of the compensation, the local branches.
3. The Ministry of finance is responsible for construction, the competent State agencies issued or issued by the authority the legal text on the use of the State budget and on compensation.
4. the Supreme People's Court, the Supreme People's Procuratorate in the scope of its powers, duties of management compensation work and coordinate with the Government in the implementation of State management of compensation; each year, inform the Ministry of Justice about his industry's compensation work.
5. The Government, the Supreme People's Court, the Supreme People's Procuratorate in the scope of its powers, duties detailing and guiding the implementation of this Article.
Article 12. The prohibited acts 1. Forge records, documents, papers to be compensated.
2. Collusion between the victims, who are responsible for compensation and related person to the shaft in the compensation.
3. Advantage of the prerogatives, powers to intervene against the law in the process of compensation.
4. no compensation or compensation against the law.
CHAPTER IITRÁCH COMPENSATION of the STATE in ADMINISTRATIVE MANAGEMENT Section 1PHẠM VI, the Agency HAS the RESPONSIBILITY of COMPENSATION article 13. The scope of liability in administrative management activities

The State is responsible for damages due to the unlawful behaviour of the person on duty in the following cases: 1. Decision sanctioning administrative violations;
2. adopt measures to prevent administrative violations and ensure the handling of administrative violations;
3. Apply the measures forced the scrapping of houses, public buildings, architecture and material measures to comply the decision sanctioning administrative violations;
4. Apply the administrative processing measures put people on the field brought, brought people into the institution or putting people on the basis of healing;
5. Granted, revoked the certificate of business registration; Investment certificates, licenses and other valuable papers such as license;
6. the application of taxes, charges and fees; collect taxes, charges and fees; tax collection; collect money using the land;
7. Application of customs procedures;
8. Land, land, land rental, allow the transfer of the land use purpose; compensation, assistance, clearance, resettlement; to grant or revoke the certificates of land-use rights, ownership of housing and other assets associated with the land;
9. Decision handled the competition;
10. Issuing of protection for people who are not eligible are granted the degree of protection; issuing of protection for industrial property objects are not eligible to be granted the degree of protection; the decision to terminate the validity of the degree of protection;
11. No certificate of business registration, investment certificates, licenses and other valuable papers such as license, degree of protection to objects are eligible;
12. The case compensated by law.
Article 14. The Agency is responsible for compensation of 1. Direct administrative management on duty have unlawful acts causing damage is the body responsible for compensation.
2. In addition to the case prescribed in clause 1 of this article, the responsible agency compensation is determined as follows: a) the case management agency person on duty has to be split, merged, consolidated or dissolved, the successor agency to the functions and tasks of the Agency is that the Agency has the responsibility for compensation; case no agency would inherit the functions and tasks of the Agency was dissolved, the Agency had decided to dissolve is the agency responsible for compensation;
b) where at the time of accepting the claim that single person on duty caused damage no longer work in the Administration that the Agency has the responsibility for compensation is the governing body of the person on duty at the time caused the damage;
c) case of authorization or mandate do the service authorization agency or the agency mandate the Agency is responsible for compensation; the case Agency is authorized, the Agency improperly outsourced content authorization, delegating this authority, then the damage is the body responsible for compensation;
d) where there are many people on duty in many agencies together to cause damage, the industry authority, areas of responsibility in the affair is the agency responsible for compensation;
DD) where there are many people on duty in the central authorities and local authorities together to cause damage, the Central Agency is the agency responsible for compensation.
Section 2THỦ FURTHER COMPENSATION article 15. Asked to identify unlawful behaviour of the person on duty 1. Individuals, institutions when damage is caused by the person on duty cause then has the right to ask the competent complaints considered, the conclusion of unlawful behaviour of people on duty.
2. Within the time limit by the law on complaints and denunciations, competent to consider complaints, concluded in writing about unlawful behavior or not contrary to law of the person on duty.
3. procedure to determine the unlawful behavior of the duty to be applied under the provisions of the law on complaints and denunciation. In deciding to settle the complaint must identify unlawful behaviour of the person on duty that caused the damage.
Article 16. Claim profile 1. When getting the text identify unlawful behaviour of the person on duty in the cases specified in article 13 of this law, the victims submit a claim to the compensation responsibility stipulated in article 14 of this law.
2. the claims Unit has the following major contents: a) the name, address of the claimant;
b) reasons for your claim;
c) damage and the extent of the claim.
3. the attached claim to have the text of the State bodies are competent to determine the unlawful behavior of the person on duty and documents and evidence relevant to the claim.
Article 17. Accepting the single claim 1. Upon receipt of the claim, the Agency has the responsibility of compensation must check and determine the validity of the application and the accompanying documents; case records are incomplete, guide the additional damage.
2. within 10 working days from the date of receiving the application and the documents are valid, if the claims define the responsibility of his resolve, the Agency received are accepting and notice in writing of the acceptance for the victims; the case of the claim are not the responsibility of his resolve, the Agency took the record to return the record and guide the victims sent to competent authorities to request compensation.
Article 18. Verify the loss of 1. Within 20 days from the date of accepting the compensation claim, the agency responsible for compensation to complete the verification of the damage to make determining compensation; the cases are more complex or are verified at multiple locations, then the verification period could take damage but not exceeding 30 days.
2. Based on the nature and content of the incident, the Agency has the responsibility to compensate may hold the property valuation, assessment of damage to property, health damage assessment or the opinions of the relevant authorities about resolving compensation. Costs evaluation, examiners are secured from the State budget.
3. where victims do not agree with the results of valuation, the judge that require evaluation, assessment and the Agency has the responsibility to agree compensation valuation, inspection costs due to people being paid damages, unless the results of valuation, the judge required proof of valuation assessment is based.
Article 19. Negotiate the compensation 1. Within a period of 30 days from the date of the end of the verification of the damage, the agency responsible for compensation to the Organization and to negotiate with the victims on the compensation; the cases are more complex then the deadline negotiations can last long but not more than 45 days.
2. negotiated components include agency representatives are responsible for compensation and the victims or their legal representatives. In case of need, the person on duty that caused the damage was invited to participate in the negotiation.
Representatives of the authorities responsible for compensation must be competent to deal with the compensation the victims and responsible to the authorities responsible for compensation.
3. the negotiation venue is the headquarters of the Agency are responsible for compensation or the headquarters of the people's committees of communes, wards and towns where victims reside, unless the parties have agreed otherwise.
4. The negotiation must be made in the minutes. Minutes of negotiation must specify the following major contents: a) the day, month, year of conducting negotiations;
b) negotiating venue, participation in negotiations;
c) the opinions of the parties to the negotiations;
d) negotiated the content or not.
The minutes must be signed by the negotiating parties and sent the victims a right after the end of negotiations.
5. The results of negotiation as the basis to determine the compensation.
Article 20. The decision to settle compensation 1. Within 10 days from the end of the negotiation, the agency responsible for compensation to compensation decisions. Compensation decisions must have the following principal contents: a) the name, address of the claimant;
b) summary the reason for the claim;
c) determining the responsibility for compensation;
d) compensation;
DD) the right to sue in the courts in the case of disagreeing with the decision to settle for compensation;
e) the effect of the decision on compensation.
2. The decision to resolve the claim must be sent to the victims, the superior authority of the Agency directly responsible for compensation and the duty to cause damage.
Article 21. The effect of the decision on compensation compensation decisions in effect after 15 days from the date the victims receive the decision, unless the victims disagreed and proceeding out of court.
Section 3GIẢI DECISIONS of the CLAIM in the COURT of Article 22. Sue asks court to settle compensation 1. Within 15 days from the date of expiry of the decision to resolve the compensation prescribed in article 20 of this law that the Agency has no liability decision or from the date the victims get the decision but disagreed, the victims have the right to sue the court competent according to the provisions of article 23 of this law to love demand compensation.
The case of the victims prove to be due to objective obstacles or due to unforeseen events that could not sue on time then the time had difficulties or unforeseen events do not count on the time limit stipulated in this clause claims.
2. The victims do not have the right to sue the Court requests compensation in case the compensation decision has legal effect.
Article 23. Jurisdiction and procedure for resolving your claim in court

1. The courts have jurisdiction to claim is that people's courts at district level where individual victims who reside, work, where the damaged Organization Headquarters, where damage occurs according to the choice of victims or other cases prescribed by the law on civil procedure.
2. Procedure for resolving a claim in the Court is done according to the rules of civil procedure legislation.
Section 4GIẢI DECISIONS of the CLAIM in the COURSE of RESOLVING article 24 ADMINISTRATIVE. Claim in process of administrative lawsuits start 1. During the initialization process of administrative lawsuits that the petitioner said that unlawful acts of the person on duty caused damage shall have the right to request the competent court to resolve the case the Administration made the resolution of the claim. In this case, the petition must have the following content: a) asked to identify unlawful behaviour of the person on duty;
b) the content of the claim;
c) damage and the extent of the claim;
d) documents and evidence relevant to the claim.
2. Procedure for resolving a claim in the process of resolving the Administration be applied according to the provisions of the law on the procedure of resolving administrative cases.
Article 25. The content addressed claim in judgment, the decision of the Court 1. In the process of resolving the Administration if there is a claim for the judgment, the decision of the Court must have the following content: a) summary the reason for the claim;
b) determining the responsibility for compensation;
c) compensation;
d) form of compensation.
2. The determination of liability and compensation is made according to the provisions of this law.
CHAPTER IIITRÁCH of STATE COMPENSATION LITIGATION ACTIVITY in 1PHẠM Section VI Article 26 LIABILITY. The scope of liability in criminal activity the State is responsible for compensation in the following cases: 1. The hold that a decision of the competent bodies active in criminal proceedings to cancel the decision of custody because that person does not make violations of the law;
2. Who gets custody, the Executive who had done or criminal prison term, life imprisonment, who was sentenced to death, who have enforced the death penalty which has the judgment, the decision of the competent authorities in criminal activities identified that person not make the offence;
3. The prosecution, prosecution, trial, execution does not custody, detention, enforcement of the penalty of jail term which got the verdict, the decision of the competent authorities in criminal activities identified that person not make the offence;
4. The prosecution, prosecution, hearing about more guilty in the same case, was criminal in prison that then have the verdict, the decision of the competent authorities in criminal activities identified that person is not guilty of a crime and punishment or some of the rest of the time has been less detention , the penalty shall be imprisonment compensation corresponding to the period has been the detention, imprisonment penalty exceeding levels of punishment of the crime of which the person is executor;
5. The prosecution, prosecution, hearing about more guilty in the same case and sentenced to death but not yet executed, after which there are judgments, decisions of competent bodies active in criminal proceedings defines that person not guilty were sentenced and combined crime left less time had been detention shall be compensation corresponding to the period of detention has been exceeded with the punishment of the crime of which the person is executor;
6. Who was tried in many judgments, the Court has combined many of that judgment, which then have the verdict, the decision of the competent authorities in criminal activities identified that person is not guilty of a crime and punishment or some of the rest of the time has been less detention , the penalty shall be imprisonment compensation corresponding to the period has been the detention, imprisonment penalty exceeding levels of punishment of the crime of which the person is executor;
7. organizations and individuals who have suffered property damage due to the seizure, custody, levy, seizure, disposal is relevant to the cases specified in paragraphs 1, 2 and 3 of this article shall be compensated.
Article 27. The case was not compensation in criminal activities 1. Who is exempt from criminal liability under the law.
2. Intentionally deceptive or declarations provided documentation, other false evidence to the crime instead of the other person or to conceal the crime.
3. The prosecution, prosecution, hearing about more guilty in the same case or the courts decide the punishment of many synthetic judgments, were detained, accused of detention, prison or penalty has already been sentenced to death but not yet executed projects which have the judgment the decision of the competent authorities in criminal activities identified that person is not guilty of a crime but not a number or in the cases specified in paragraphs 4, 5 and 6 to article 26 of this law.
4. The prosecution, the prosecution in criminal cases are prosecuted at the request of the victim but the case was suspended by the victim withdrew prosecution, except in cases of violations of the law have yet to constitute a crime.
5. The prosecution, the prosecution, the trial is properly with legal documents at the time of prosecution, prosecution, trial, but at the time of judgment, the decision of law which, according to the new legal text was issued and in effect after the prosecution , prosecution, hearing that they are not subject to criminal liability.
Article 28. The scope of liability for compensation in the civil litigation activity, the State administrative proceedings is responsible for damages due to the unlawful behaviour of the person conducting the proceedings, administrative proceedings caused in the following cases: 1. apply yourself temporary emergency measures;
2. Apply provisional measures other than provisional measures that individual, agency or organization with the request;
3. Apply provisional measures beyond requirements imposed provisional measures of individuals, agencies and organizations;
4. Judgment, decided that knows is contrary to law or intentionally falsified records case.
2CƠ item HAS the RESPONSIBILITY of COMPENSATION Article 29. The Agency is responsible for compensation in criminal proceedings 1. The Agency is responsible for compensation in criminal proceedings is regulated in articles 30, 31 and 32 of this law. The case Agency has been split, merger, consolidation, dissolution or delegation made the public service, the agency responsible for determination of compensation is made according to the provisions in point a and point c of paragraph 2 of article 14 of this Law.
2. The authorities responsible for compensation in criminal activities to compensation arose in the earlier stage of the proceedings.
Article 30. Compensation liability of the Agency, the Agency was tasked to conduct a number of activities to investigate criminal activity in the Agency, and the Agency was tasked to conduct some investigation activities are responsible for compensation in the following cases: 1. was the decision person custody but the Procuratorate authorities had decided to cancel removing the custody decision that because the person detained has no violations of the law;
2. Have the decision to prosecute accused but the Procuracy has the authority not to approve the decision to prosecute because the person is not taken offence.
Article 31. The compensation responsibility of people's Procuracy in criminal activities Procuracy is responsible for compensation in the following cases: 1. Approved the decision to extend the custody of the competent authorities but who hold no violations of the law;
2. Approved the detention orders of the competent investigation authority or order of detention, to extend the detention, after which a decision of the competent authorities in criminal activities identified that person not make the offence;
3. The Court of first instance charged to additional investigation records but then there's the decision of the competent authority to suspend the investigation because that person does not make the offence;
4. Has decided to prosecute accused but the Court of first instance declared the accused not guilty for not taken offence and a Court of first instance has legal effect;
5. The Court of Appeal judgment unchanged, the decision of the Court of first instance declared is not guilty because it did not make the offence;
6. The Court of Appeal judgment unchanged, the decision of the Court of first instance declared the accused not guilty for not implementing the offence and then the court hearing under the procedure of Cassation, retrial remains the verdict, the decision of the Court of appeal declared the accused not guilty for not taken offence.
Article 32. Compensation liability of courts in criminal proceedings 1. The Court of first instance is responsible for compensation in the following cases: a) the Court of first instance declared the defendants guilty but the Court of appeal cancelled the verdict of first instance, the accused is not guilty and suspended the case because the person is not guilty or cancel the judgment at first instance to investigate again after which the accused was suspended for investigation , to suspend the case for not performing criminal acts, or cancel the verdict of first instance for retrial, after which the accused was found not guilty is not taken offence;
 b) the Court of first instance declared the defendants guilty, the verdict of first instance was in effect the law but the court hearing under the procedure of Cassation, retrial verdict canceling and suspended the case because the person is not taken offence;
c) the Court of first instance declared the defendants guilty, the verdict was in effect the law but the court hearing under the procedure of Cassation, canceling the retrial verdict to investigate again after which the accused was to suspend the investigation, to suspend the case for not implementing the offence;

d) the Court of first instance declared the defendants guilty, the verdict was in effect the law but the court hearing under the procedure of Cassation, judgment canceling the retrial to trial again, after which the accused was found not guilty is not taken offence.
2. The Court of appeal is responsible for compensation in the following cases: a) the Court of appeal to declare the defendant guilty but the court hearing under the procedure of Cassation, appellate judgment canceling the retrial and suspended the case because the person is not taken offence;
b) the Court of appeal to declare the defendant guilty but the court hearing under the procedure of Cassation, appellate judgment canceling the retrial to investigate again after which the accused was to suspend the investigation, to suspend the case for not implementing the offence;
c) the Court of appeal to declare the defendant guilty but the court hearing under the procedure of Cassation, canceling the retrial verdict appeal to trial again, after which the accused was found not guilty is not taken offence.
3. people's courts, the central cities, military courts and equivalent military region responsible for damages when the judge Committee of the provincial people's courts, the central cities, military courts and military region equivalent to trial under procedure of Cassation keep the retrial, the judgment of the lower court declared the defendants guilty in the following cases: a Criminal Court) of the Supreme People's Court trial under procedure of Cassation, retrial canceled the decision of Cassation, the retrial of the judge Committee of the provincial people's Court, China Central cities , Military courts and equivalent military zone and suspended the case because the person is not taken offence;
the Criminal Court Building b) people to trial under procedure of Cassation, retrial canceled the decision of Cassation, the retrial of the judge Committee of the provincial people's courts, the central cities, military courts and military region equivalent to investigate again after which the accused is suspended the investigation , suspended the case because the person is not taken offence;
c criminal courts Building) people to trial under procedure of Cassation, retrial canceled the decision of Cassation, the retrial of the judge Committee of the provincial people's courts, the central cities, military courts and military region equivalent to trial again, after which the accused was found not guilty is not taken offence.
4. the Supreme People's Court is responsible for damages when the Court of appeal of the Supreme People's Court, the Criminal Court of the Supreme People's Court, the Central Military Court (hereinafter referred to as the competent Court) trial under procedure of Cassation, retrial retains the judgments of subordinate courts declared the defendants guilty in the following cases : a) the Council of judges of the Supreme People's Court to cancel the decision of Cassation, the competent Court's retrial in the Supreme People's Court and suspended the case because the person is not taken offence;
b) the Council of judges of the Supreme People's Court to cancel the decision of Cassation, the competent Court's retrial in the Supreme People's Court to investigate again after which the accused was to suspend the investigation, to suspend the case because the person is not taken offence;
c) the Council of judges of the Supreme People's Court to cancel the decision of Cassation, the competent Court's retrial in the Supreme People's Court to trial again, after which the accused was found not guilty is not taken offence.
Article 33. The compensation responsibility of people's courts in civil proceedings, administrative proceedings 1. The competent court for a decision applying provisional measures prescribed in paragraphs 1, 2 and 3 Article 28 of this law are responsible for compensation.
2. the Court of first instance is responsible for compensation in case of a judgment, the decision of the first instance was in effect the law prescribed in paragraph 4 to article 28 of this law that canceled under the procedure of Cassation or retrial.
3. The Court of appeal is responsible for damages in case of judgment, the appellate decision has legal effect to the provisions in clause 4 Article 28 of this law that canceled under the procedure of Cassation or retrial.
4. the trial court under the procedure of Cassation, retrial is responsible for compensation in case the decision of Cassation, a retrial was in effect the law prescribed in paragraph 4 to article 28 of this law that canceled under the procedure of Cassation or retrial.
5. in case the courts specified in the paragraph 1, 2, 3 and 4 this was split, merger, amalgamation, dissolution, then the determination of the authorities responsible for compensation made in accordance with art. 2 of this Law article 14.
Section 3THỦ FURTHER COMPENSATION Article 34. The record of the claim at the Agency conduct criminal proceedings 1. When receiving the verdict, the decision of the body conducting criminal proceedings determined in the case of compensation prescribed in article 26 of this law, the victims submit a claim to the compensation responsibility according to the following rules: a) the damage caused by the decision of custody the decision to prosecute accused the Agency's investigation, the Agency was tasked to conduct a number of investigative activity specified in article 30 of this law, submit the claim to the investigating authorities, the Agency was tasked to conduct a number of investigative activities were out of custody decisions the decision to prosecute accused;
b) Who suffers damage caused by a decision of the Procuracy stipulated in article 31 of this law, submit the claim to the Procuratorate had decided that;
c) Who suffered losses because of the verdict, the decision of the competent court specified in article 32 of this law, submit a claim to the Court judgment, that decision.
2. Petition for restitution in the criminal activities specified in paragraph 1 of this article has the following major contents: a) the full name and address of the person requesting compensation for damage;
b) reasons for your claim;
c) damage and the extent of the claim.
3. the attached claim to have judgment, decided to identify that person in one of the cases the compensation stipulated in article 26 of this law and the documentation and evidence relevant to the claim.
Article 35. The record of the claim in the civil proceeding, administrative proceeding 1. When getting the text identify unlawful behaviour of the person on duty has the behavior specified in article 28 of this law, the victims submit a claim to the compensation responsibility according to the following rules: a) the damage caused by the courts to apply provisional measures prescribed in clause 1 , 2 and 3 Article 28 of this law to submit a claim to the Court to have the decision to apply provisional measures;
b) who suffer losses because of the Court judgment or decision specified in clause 4 Article 28 of this law to submit a claim to the Court judgment, that decision.
2. Petition for compensation in the civil litigation activities, administrative proceedings prescribed in paragraph 1 of this article has the following major contents: a) the name, address of the person requesting compensation for damage;
b) reasons for your claim;
c) damage and the extent of the claim.
3. the attached claim must have text identifying the person's unlawful behavior on duty and documents and evidence relevant to the claim.
Article 36. Accepting, verifying, negotiating, out decides to resolve the compensation and the effect of the decision on compensation in the proceedings The accepting, verifying, negotiating, out decides to resolve the compensation and the effect of the decision on compensation in criminal proceedings, civil administrative, are applied according to the provisions of articles 17, 18, 19, 20 and 21 of this law.
Article 37. Solve your claim in the operation of the proceedings at the Court of The petitioner asks the Court to settle claims, jurisdiction and procedure for compensation in the courts in litigation activities are performed according to the provisions of article 22 and Article 23 of this law.
CHAPTER IVTRÁCH COMPENSATION by the STATE in ENFORCING the JUDGMENT Item 1PHẠM VI, the Agency HAS the RESPONSIBILITY to COMPENSATE Article 38. The scope of liability in civil enforcement activities of State is responsible for damages due to the unlawful behaviour of the person on duty in the following cases: 1. Out or deliberately not making decisions: a) execution;
b) withdrawal, modification, addition, cancellation of the decision on the implementation of projects;
c) apply measures to ensure enforcement of the judgement;
d) comply;
DD) enforcement of the decision apply provisional measures of the Court.
e) Deferred execution;
g) temporarily suspended, the suspension of the execution;
h) continue the implementation of projects.
2. Organize the implementation or deliberately not held enforcement of the decision specified in clause 1 of this article.
Article 39. The scope of liability for compensation in the criminal enforcement activities of State is responsible for damages due to the unlawful behaviour of the person on duty in the following cases: 1. The decision to enforce the death penalty for people who qualify for the provisions of article 35 of the criminal code;
2. Detention of people too due to execution imprisonment according to the verdict, the decision of the Court;
3. Do not make the decision to postpone the execution for convicted persons, decided to temporarily suspend execution of sentence in prison;
4. Do not make the decision to reduce the sentence, parole decisions, decide college dormitories.
Article 40. The Agency is responsible for compensation in court enforcement activities 1. The Agency is responsible for compensation in the criminal enforcement activities is prisons, detention camps, home management agency custody, police agencies have the authority and the Court decision execution.
2. The authorities responsible for compensation in civil enforcement activity is civil enforcement agencies directly managed the on duty have unlawful acts causing damage.

3. where the Agency specified in clause 1 and clause 2 of this was split, merger, consolidation, dissolution or person on duty caused damage no longer work at that agency at the time of accepting the petition of compensation or authorization, delegating implementing acts shall determine the responsible agency compensation is made according to the rules at the point a, b and c of paragraph 2 of article 14 of this Law.
Section 2THỦ FURTHER COMPENSATION Article 41. The record of the claim in civil enforcement agencies 1. When getting the text identify unlawful behaviour of the person on duty has the behavior specified in article 38 of this law, the victims submit a claim to the competent agency specified in clause 2 and clause 3 Article 40 of this law.
2. Single claim in civil enforcement activities have the following major contents: a) the name, address of the person requesting compensation for damage;
b) reasons for your claim;
c) damage and the extent of the claim.
3. the attached claim must have text identifying the person's unlawful behavior on duty and documents and evidence relevant to the claim.
Article 42. H record claim in criminal enforcement agencies 1. When getting the text identify unlawful behaviour of the person on duty in case the compensation stipulated in article 39 of this law, the victims or their relatives sent a claim to the compensation responsibility according to the following rules: a) Who were detained too due to the implementation of projects under the judgment the decision of the Court specified in Article 39 of this Law item 2 filing a claim to prisons, detention camps, detention House Administration made the detention time limit too;
b) victims do not make the decision to postpone the enforcement of the imprisonment sentence, temporary suspension of enforcement of the penalty of imprisonment, reduced sentence, parole, Amnesty prescribed in clause 3 and clause 4 Article 39 of this law, submit a claim to the police authority;
Celsius) relatives of the victims due to the decision to enforce the death penalty prescribed in clause 1 Article 39 of this law, submit the claim to the competent courts of that decision.
2. Petition for restitution in the criminal enforcement activities specified in paragraph 1 of this article has the following major contents: a) the full name and address of the person requesting compensation for damage;
b) reasons for your claim;
c) damage and the extent of the claim.
3. the attached claim must have text identifying the person's unlawful behavior on duty and documents and evidence relevant to the claim.
43 things. Accepting, verifying, negotiating, out decides to resolve the claim in the operation execution The accepting, verifying, negotiating, out decides to resolve the compensation and the effect of the decision on compensation in operation is applied according to the provisions of articles 17, 18, 19 , 20 and 21 of this law.
Article 44. Solve your claim in court enforcement activity at the Court of The petitioner asks the Court to settle claims, jurisdiction and procedure for compensation in the courts in the operation is made under the provisions of article 22 and Article 23 of this law.
VTHIỆT DAMAGE Settlement CHAPTER 45. Damage caused by compromised assets 1. Property case has been played, lost, the damage is determined based on the market value of the assets of the same type or property with the same features, specifications and level of wear and tear of the assets had been released, lost on the market at the time of compensation.
2. in case the property was damaged, the damage was identified as related costs according to the market price at the time of settlement of compensation to repair, restore the property; If the property is damaged beyond repair, restore, then the damage is determined as specified in paragraph 1 of this article.
3. in case of damage incurred by not using, exploiting the property damage is defined as the actual income is lost. For the property on the market for rent, real income loss determined match the price of the property or assets of the same type have the same specifications, features, quality and effects at the time of compensation; for the property on the market with no rent, real income is lost is determined on the basis of the income due to the damaged property brings in normal condition prior to the time the damage occurred; If the property being assigned to levy the victims or other people manage the reasonable costs to prevent, minimize and remedy the damage to property is identified as the damage to be compensated.
4. The sums already paid to the State budget according to the decision of the competent State agencies, seized, execution, funds have put to ensure the Agency has the jurisdiction to be returned to the victims or their relatives; the case that money is the interest rate, the loan must repay both legitimate interest; the event that funds are not loans with interest, they must reimburse the victims or their relatives both interest according to the basic interest rate by the State Bank of Vietnam announced at the time of compensation.
Article 46. Damage caused by lost or real income decreasing 1. Individuals, organizations have an income that is determined shall be compensated according to the actual income is lost.
2. Individual cases have regular income but not stable then the level of compensation is determined based on the average income in the adjacent three months before damage occurs.
3. Individuals have an unstable income and no specific identification basis or temporary nature of income shall apply the average income level of local workers of the same kind. The case does not determine the average income, the amount of compensation is determined according to the general minimum wage for State authorities at the time of compensation (hereafter referred to as the minimum wage).
Article 47. Damage due to the loss of the spirit 1. Damage due to loss of sense of time being administrative detention, were brought into the school, the institution, the basis of healing is defined as the minimum wage for a two days on administrative custody, was brought into the school, institutions, the basis of healing.
2. Damage caused by loss of morale in the custody case, detention, imprisonment sentence is defined as a three day minimum wage for a day's custody, detention, imprisonment sentence.
3. Damage caused by loss of morale in the case of the victims killed were identified as three hundred and sixty month minimum wage.
4. Damage caused by loss of spirit in case of compromised health is determined based on the level of health be compromised but not over thirty-month minimum wage.
5. Damage caused by loss of morale in the prosecution case, prosecution, trial, execution without custody, detention is defined as a day's minimum wage for a prosecution, prosecution, trial, execution of improving detention or imprisonment not to affect probation. Time to calculate the compensation to be determined from the date of the decision to prosecute accused until there is a verdict, the decision of the competent authority determines that the person in the case of compensation prescribed in paragraph 3 Article 26 of this law.
Article 48. The physical damage caused by the victims die 1. Reasonable expenses for the cure, fostering, care of people suffering damage before dying.
2. Costs for burial according to the provisions of the law on social insurance.
3. Alimony for the people who suffer the damage is done the obligation of support. The monthly pension is determined as the minimum wage, unless otherwise specified by law or has been determined by decision of the competent State bodies.
Article 49. The physical damage caused by compromised health 1. Reasonable expenses for the cure, recuperation and function is lost, the loosening of the victims.
2. Real income lost or loosening of the victims under the provisions of article 46 of this law.
3. Reasonable cost and actual loss of income caregivers who suffer damage during treatment.
4. In the case of the victims lose the ability to labor and need regular care of the damage to be compensated include reasonable costs for the care of victims and account for the people who suffer the damage is done the obligation of support. Account monthly support is defined as the minimum wage, unless otherwise specified by law or has been determined by decision of the competent State bodies.
Article 50. Return the seized property assets, custody, levy, seizure must be returned immediately after the decision on seizure, custody, levy, seizure was cancelled.
Article 51. Restoring honor to the victims in criminal proceedings 1. The damage specified in clause 1, 2 and 3 Article 26 of this law, or their legal representatives have the right to ask to restore honor within 3 months from the date of the decision to effect compensation law.
2. within 30 days from the date of receiving the written request about restoring the honor of the victims or their legal representative, the Agency has the responsibility of compensation have the must carry the main apology publicly.
3. The main public apology made by the following form: a) directly to the main public apology at the residence or place of employment of the victims are attended by representatives of the local government where the victims reside, the Agency's representative where the victims worked , representative of a social-political organization to which victims are members;

b) Posted on a central newspaper and one local newspaper of the three numbers in a row at the request of the victims or their legal representatives.
4. where the victims died, their relatives have the right to request the restoration of the honor.
CHAPTER VIKINH the CHARGE COMPENSATION and PAYMENT PROCEDURE Article 52. Expense compensation 1. The case of the central agency responsible for compensation, then compensation funding was secured from the central budget.
2. where the local authorities are responsible for compensation, then compensation funding was secured from the local budget.
Article 53. Estimating the expense of annual compensation, compensation practice base of the previous year, the financial authority levels in cooperation with the Agency, the same unit cost estimating levels of compensation to General estimating the budget level, the competent State agency decision under the provisions of the law on the State budget and be allocated to the Agency the unit when required to pay compensation.
Article 54. The sequences, procedures and pay compensation of 1. Within 5 working days from the date of the judgment, decided to effect compensation law, the Agency has the responsibility of compensation must immediately transfer the profile recommended compensation to financial institutions of the same level; the case is the body entitled to funding from the central budget, the transfer of records to the superior authority.
Within 5 working days from the date of receiving the application, the Agency received profiles are responsible for checking the validity of the profile recommended compensation for provision of funds or financial agencies send text the same level suggest the level of funding of compensation; case records are not yet valid, then guide the Agency containing additional liability or modified profile, additional compensation decisions. Additional period not exceeding 15 days records.
2. recommended compensation records include: a) text recommended funding of compensation have the full record, specifically on the compensation, the compensation for the losses and the total recommended amount granted to make the compensation;
b) copies the text of the State bodies are competent to determine the unlawful behavior of the person on duty;
c) judgement, decided to tackle the excesses of the authorities competent to effect the law.
3. within 10 days from the date of the proposed compensation profile is valid then the competent financial authorities granted funding for the authorities responsible to pay compensation for the victims.
4. After receiving the financial agency funding levels, within 5 working days, the Agency has the responsibility to make compensation payments of compensation for the victims or relatives of victims.
5. in case the verdict, the decision of court compensation settlement in force laws that the Agency has the responsibility to compensate the involuntary enforcement of the compensation has the right to request a civil enforcement agency executed under the provisions of the law of civil enforcement.
Article 55. Compensation funding settlement ends years of budget, organs and units have established liability settlement expense paid combined compensation settlement in the Agency's annual budget, the unit sends the competent authorities under the provisions of the law on the State budget.
CHAPTER VIITRÁCH REPAYMENT RESPONSIBILITIES Article 56. Obligation to repay and handle the responsibilities of the public service 1. The person on duty at fault causing damage is obliged to reimburse the State budget a sum of money that the State has compensated for the loss by decision of the competent authority.
2. The person on duty has an error unintentionally causes damage prescribed in article 26 of this law shall not be responsible to refund.
3. The person on duty in addition to reimbursing the amount stipulated in paragraph 1 of this article, then, depending on the nature and extent of the violation must be disciplined or prejudice criminal liability under the law.
Article 57. Determining the level of refund 1. Determining the refund level include: a) the degree of fault of the person on duty;
b) extent of the damage caused;
c) economic conditions of the person on duty.
The Government, the Supreme People's Court, the Supreme People's Procuratorate regulation determining the level of the refund of the duty.
2. many cases of duty caused damage that people have the obligation to jointly repay; the Agency has the responsibility to compensate the host, in cooperation with the authorities who enforce the service damage system for determining the level of reimbursement for each individual is obliged to repay.
Article 58. The order, the decision procedure 1. Within 20 days from the day you're done paying compensation, the Agency has the responsibility of compensation review board must establish repayment responsibility to determine the responsibility to refund, the refund rates for person on duty had caused damage.
The case has many people on duty in many different bodies to cause damage, the review board responsible for refund must have the participation of representatives of the relevant authorities to determine responsibility for a refund, the refund rates for each person on duty had caused damage.
The Government, the Supreme People's Court, the Supreme People's Procuratorate stipulates the establishment, composition, duties and powers of the Council to consider the responsibility of the refund on duty.
2. within 30 days from the day you're done paying compensation, the competent person specified in article 59 of this law must be issued a refund. The decision to refund must be sent to the person who has the obligation to repay, the superior authority of the Agency directly responsible for compensation.
Article 59. Decision-making authority to refund 1. Agency heads are responsible for the competent compensation refund decision.
2. In the case of Heads of agencies are responsible for compensation is the person who is obliged to refund the grant agency heads on that person's direct authority the decision refund.
Article 60. The complaint, Sue decided to refund cases people on duty are responsible for repayment does not agree with the decision to reimburse shall have the right to complain or Sue decided to refund under the provisions of the law on complaints and denunciation and the law on the procedure of resolving administrative cases.
Article 61. The effect of the decision to repay 1. The decision returned in force after 15 days from the date of registration if the person on duty has caused no damage claims or claims for this decision.
2. Pursuant to the decision to reimburse the law was in effect, the Agency is responsible for implementing the compensation amount is repaid and filed into the State budget.
Article 62. Perform refunds 1. Refunds can be performed once or multiple times.
2. where the refund is made by subtracting the monthly wage of the fade into the implementation of the public service, the minimum level is not below 10% and must not exceed 30% of the income from monthly wages.
Article 63. Management, use the money to reimburse the agency responsible for compensation to be paid in full, in time the entire refund into the State budget. The management, using the refund made under the provisions of the law on the State budget.
PARAGRAPH VIIIĐIỀU Enacted CHAPTER 64. Not applicable court fees, fees, fees and taxes in the process of settling compensation 1. When done right to request compensation for damage are the responsibility of the State under the provisions of this law, the victims not to pay the fees, court fees and other fees.
2. no personal income tax, corporate income tax for compensation to which victims are receiving.
Article 65. Effect 1. This Act has effect from January 1, 2010.
2. The legal texts following the most effective from the day this law is in effect: a) resolution No. 387/2003/NQ-UBTVQH11 of 17 March 2003 of the National Assembly Committee on compensation for crime by people competent in criminal activities perpetrated and text guiding the implementation;
b) Decree No. 47/CP on May 3, 1997 by the Government on the compensation of damage caused by public servants, government officials, the Agency's authority to conduct the proceedings and the writing guide.
Article 66. Transitional provisions 1. The case of the claim have been competent State agencies accepting but not yet resolved or are addressed according to resolution No. 387/2003/NQ-UBTVQH11 of 17 March 2003 of the National Assembly Committee on compensation for crime by people competent in criminal activity caused or Decree No. 47/CP on May 3 in 1997 of the Government on the compensation of damage caused by public servants, government officials, the Agency's authority to conduct the proceedings caused before the date this law have enforceable shall continue to apply the legal text that to solve.
2. The case compensated according to resolution No. 387/2003/NQ-UBTVQH11 of 17 March 2003 of the National Assembly Committee on compensation for crime by people competent in criminal activities and Decree No. 47/CP on May 3, 1997 by the Government on the compensation of damage caused by public servants , State officials, the Agency's authority to conduct the proceedings caused by the time this law in force but also to time limits specified by the text but not the requesting State compensation or have requested but not yet accepting shall apply the provisions of this law to solve.
Article 67. Detailing and guiding the implementation of the Government, the Supreme People's Court, the Supreme People's Procuratorate regulation details, guide the implementation of the article, account assigned in law; Guide to the essential content of this law in order to meet the requirements of governance.

This law was the National Assembly of the Socialist Republic of Vietnam tags XII, 5 session through June 18, 2009./.