Chương IV Luật trách nhiệm bồi thường của Nhà nước 2009: Trách nhiệm bồi thường của nhà nước trong hoạt động thi hành án

Chapter IV

STATE COMPENSATION LIABILITY IN JUDGMENT ENFORCEMENT ACTIVITIES

Section I. SCOPE OF LIABILITY AND LIABLE-COMPENSATION AGENCIES

Article 38. Scope of liability for compensation in civil judgment enforcement

The State shall compensate for damage caused by illegal acts of official-duty performers in the following cases:

1. Issuing or deliberately failing to issue decisions on:

a/ Judgment enforcement;

b/ Revocation, amendment, supplementation or cancellation of judgment enforcement decisions:

c/ Application of measures to secure judgment enforcement:

d/ Coercion of judgment execution:

e/ Execution of court rulings on application of provisional urgent measures:

f/ Postponement of judgment enforcement:

g/ Suspension or termination of judgment enforcement;

h/ Resumption of judgment enforcement.

2. Organizing or deliberately failing to organize the execution of decisions defined in Clause 1 of this Article.

Article 39. Scope of compensation liability in criminal judgment enforcement

The State shall compensate for damage caused by illegal acts of official-duty performers in the following cases:

1. Issuing decisions on execution of the death penalty against persons fully meeting the conditions defined in Article 35 of the Penal Code;

2. Jailing people beyond the prison terms under court judgments or rulings;

3. Declining to execute decisions on judgment enforcement postponement for convicts or decisions on suspension of execution of imprisonment judgment;

4. Declining to execute decisions on commutation of imprisonment sentences, decisions on special reprieve or amnesty.

Article 40. Agencies liable to compensate in judgment enforcement

1. Agencies liable to compensate in criminal judgment enforcement are prisons, detention centers, remand home-managing agencies, competent public security offices and courts issuing judgment enforcement decisions.

2. Agencies liable to compensate in civil judgment enforcement are civil judgment enforcement agencies directly managing official-duty performers who have committed illegal acts causing damage.

3. If agencies defined in Clauses 1 and 2 of this Article are separated, merged, consolidated or dissolved or damage-causing official duty performers no longer work in such agencies at the time of handling the compensation claims, or they performed the official duty under authorization or mandate, compensation-liable agencies shall be determined under Points a, b and c. Clause 2. Article 14 of this Law.

Section 2. COMPENSATION SETTLEMENT PROCEDURES

Article 41. Dossiers of compensation claims at civil judgment enforcement agencies

1. Upon receipt of documents affirming the official-duty performers’ illegal acts defined in Article 38 of this Law, sufferers shall file compensation claims with competent agencies specified in Clauses 2 and 3, Article 40 of this Law.

2. A claim for compensation in civil judgment enforcement contains the following principal details:

a/ Full name and address of the compensation claimant:

b/ Reasons for the compensation claim;

c/ The damage and claimed compensation amount.

3. Enclosed with a compensation claim shall be the document affirming the illegal act of the official-duty performer and documents and evidence related to the compensation claim.

Article 42. Dossiers of compensation claims at criminal judgment enforcement agencies

1. Upon receipt of documents affirming the illegal acts of official-duty performers and their compensation-eligible cases as defined in Article 39 of this Law, sufferers or their relatives shall file compensation claims with compensation-liable agencies according to the following provisions:

a/ Persons who are jailed beyond the sentence-serving duration under court judgments or rulings, as provided for in Clause 2, Article 39 of this Law, shall file compensation claims with the prisons, detention centers or remand home-managing agencies which have made such excessive jail;

b/ Persons suffering from damage due to non-execution of decisions on postponement of imprisonment penalty, suspension of execution of imprisonment penalty, commutation of imprisonment terms, special reprieve or amnesty, defined in Clauses 3 and 4. Article 39 of this Law, shall file compensation claims with competent public security offices;

c/ Relatives of persons suffering from damage due to decisions on execution of the death penalty, defined in Clause 1, Article 39 of this Law, shall file compensation claims with competent courts having issued such decisions.

2. A claim for compensation in criminal judgment enforcement, defined in Clause 1 of this Article, contains the following principal details:

a/ Full name and address of the compensation claimant;

b/ Reason for the compensation claim;

c/ The damage and claimed compensation amount.

3. Enclosed with a compensation claim shall be the document affirming the illegal act of the official-duty performer and documents and evidence related to the compensation claim.

Article 43. Handling, verification, negotiation and issuance of decisions on settlement of compensation in judgment enforcement

The handling, verification, negotiation and issuance and effect of decisions on compensation in judgment enforcement comply with Articles 17, 18, 19, 20 and 21 of this Law.

Article 44. Handling of claims for compensation in judgment enforcement at courts

The initiation of lawsuits requesting courts to settle compensation and the competence and procedures for settlement of compensation at courts in judgment enforcement comply with Articles 22 and 23 of this Law.