Chapter I
GENERAL PROVISIONS
Article 1. Governing scope
This Law provides for the State's liability to pay compensation to individuals and organizations suffering from damage caused by official-duty performers in administrative management, legal proceedings and judgment enforcement activities; compensation procedures; the rights and obligations of individuals and organizations suffering from damage; compensation funds and the reimbursement liability of official-duty performers who have caused the damage.
Article 2. Compensation-eligible entitles
Individuals and organizations suffering from material damage and/or mental sufferings (below collectively referred to as sufferers) in cases provided by this Law are eligible for compensation by the State.
Article 3. Interpretation of terms
In this Law. the terms below are construed as follows:
1. An official-duty performer means a person who is elected, approved, recruited or appointed to a position in a state agency to perform the tasks of administrative management, legal proceedings or judgment enforcement, or a person who is assigned by a competent state agency to perform tasks related to administrative management. legal proceedings or judgment enforcement.
2. An illegal act of an official-duty performer which has caused damage means an act of nonperformance or unlawful performance of a task or power, which is affirmed in a document of a competent state agency.
3. Document affirming an illegal act of an official-duty performer means a decision on settlement of a complaint or denunciation of a person competent to settle complaints or denunciations or a judgment or decision of a competent procedure-conducting agency.
4. Compensation-liable agency means the agency directly managing the official-duty performer who commits an illegal act causing damage or another agency as defined by this Law.
Article 4. The right to claim compensation
1. Sufferers are entitled to request compensation-liable agencies to settle compensation upon the availability of competent state agencies* documents affirming that the official-duty performers' acts are illegal or of documents of competent agencies in criminal proceedings affirming that the sufferers fall into compensation cases defined in Article 26 of this Law.
2. In the course of lodging their complaints or instituting administrative lawsuits, sufferers are entitled to request persons competent to settle complaints or courts to settle compensation.
Article 5. Statute of limitations for lodging compensation claims
1. The statute of limitation for lodging compensation claims defined in Clause 1. Article 4 of this Law is 2 years counting from the date competent state agencies promulgate the documents affirming that the official-duty performers’ acts are illegal or from the date the legally effective judgments or rulings of criminal procedure-conducting agencies affirm that the sufferers fall into compensation-eligible cases defined in Article 26 of this Law.
2. The statute of limitations for lodging compensation claims defined in Clause 2. Article 4 of this Law is determined under the law on complaints and denunciations and the law on procedures for settlement of administrative cases.
3. If in the course of settling complaints or administrative cases, in which the official-duty performers" illegal acts and actual damage have been determined but no compensation has been made yet, the statute of limitations for lodging compensation claims complies with Clause 1 of this Article.
Article 6. Grounds for determination of compensation liability
1. The state compensation liability in activities of administrative management, civil proceedings, administrative proceedings and judgment enforcement shall be determined on the following grounds:
a/ The availability of competent state agencies’ documents affirming that official-duty performers' acts are illegal and fall within the scope of compensation liability prescribed in Articles 13. 28. 38 and 39 of this Law;
b/ The actual damage caused by illegal acts of official-duty performers to sufferers.
2. The state compensation liability in criminal proceedings shall be determined on the following grounds:
a/ The availability of judgments or decisions of competent state agencies in criminal proceedings affirming that the sufferers fall into compensation-eligible cases defined in Article 26 of this Law:
b/ The actual damage caused by criminal procedure-conducting persons to sufferers.
3. The State will not compensate for damage caused in the following circumstances:
a/ The sufferer is at fault:
b/ The sufferer conceals evidence and documents or provides untruthful documents during the settlement of his/her matter or case;
c/ Force majeure or emergency cases.
Article 7. Principles for compensation settlement
The compensation settlement must comply with the following principles:
1. Being timely, public and lawful;
2. Being conducted on the basis of negotiations between compensation-liable agencies and sufferers or their lawful representatives;
3. Being paid once in cash, unless otherwise agreed upon by the parties.
Article 8. Tasks and powers of compensation-liable agencies
Compensation-liable agencies have the following tasks and powers:
1. To receive and handle compensation claims of sufferers;
2. To verify the damage, to negotiate with sufferers and issue compensation settlement decisions;
3. To participate in court proceedings in the capacity as plaintiffs in case sufferers institute lawsuits at court for compensation settlement;
4. To make payments to sufferers and settle compensation funds;
5. To request official-duty performers to reimburse to the state budget compensation amounts paid by the State to sufferers;
6. To settle compensation-related complaints and denunciations under the law on complaints and denunciations;
7. To restore or propose competent agencies or organizations to restore the legitimate rights and interests of sufferers;
8. To report on compensation settlement according to law.
Article 9. Rights and obligations of sufferers
1. Sufferers have the following rights:
a/ To request the State to pay damages and restore their honor as provided by this Law;
b/ To be compensated by compensation-liable agencies or to have their compensation claims settled by courts and be notified of the compensation settlement;
c/ To complain about or denounce illegal decisions or acts of competent persons in compensation settlement under the law on complaints and denunciations;
d/ To complain about or appeal against court judgments or rulings according to the procedure law;
e/ To request competent agencies or organizations to restore their legitimate rights and interests.
2. Sufferers have the following obligations:
a/ To promptly, fully and honestly provide documents and evidence related to their compensation claims;
b/ To prove the damage actually occurred.
Article 10. Rights and obligations of damage-causing official-duty performers
1. Official-duty performers who have caused damage have the following rights:
a/ To receive decisions related to compensation settlement;
b/ To lodge their complaints, denunciations or institute lawsuits against illegal decisions or acts of competent persons in the settlement of compensation as provided for by law:
c/ To have other rights as prescribed by law.
2. Official-duty performers who have caused damage have the following obligations:
a/ To promptly, fully and honestly provide information and documents related to the settlement of compensation at the request of compensation-liable agencies or courts;
b/ To reimburse to the state budget compensation amounts paid by the State to sufferers under decisions of competent state agencies:
c/ To have other obligations as prescribed by law.
Article 11. State management responsibilities for compensation work
1. The Government has the following responsibilities:
a/ To perform the unified state management of compensation work in administrative management and judgment enforcement;
b/ To coordinate with the Supreme People's Court and the Supreme People's Procuracy in the management of compensation work in procedural activities;
c/ To promulgate according to its competence or propose competent agencies to promulgate legal documents on state compensation liability:
d/ To annually make statistics on and review compensation work; to report on compensation work to the National Assembly or its Standing Committee upon request.
The Ministry of Justice shall assist the Government in performing the tasks specified in this Clause.
2. Ministries, ministerial-level agencies and provincial-level People's Committees shall, within the ambit of their tasks and powers, perform the state management of compensation work and annually report to the Ministry of Justice on their respective compensation work.
3. The Ministry of Finance shall formulate and submit to competent state agencies for promulgation or promulgate according to its competence legal documents on the use and settlement of the state budget for compensation.
4. The Supreme People's Court and the Supreme People's Procuracy shall, within the scope of their respective tasks and powers, manage compensation work and coordinate with the Government in performing the state management of compensation work; annually notify the Ministry of Justice of their respective compensation work.
5. The Government, the Supreme People's Court and the Supreme People's Procuracy shall, within the ambit of their tasks and powers, detail and guide the implementation of this Article.
Article 12. Prohibited acts
1. Forging dossiers, documents and papers for compensation.
2. Acting in connivance among sufferers, persons responsible for compensation settlement and concerned people for self-seeking purposes in compensation.
3. Abusing positions and powers to illegally intervene in the course of compensation settlement.
4. Failing to settle compensation or settling compensation in contravention of law.
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Luật trách nhiệm bồi thường của Nhà nước 2009 (Bản Word)