Chapter V
COMPENSATED DAMAGE
Article 45. Damage caused by asset infringement
1. If the assets have been already auctioned or lost, the damage will be determined on the basis of the market prices of assets of the same kind or assets with the same properties and technical standards and the wear-out of the auctioned or lost assets at the time of compensation.
2. If the assets have been out of order, the damage will be determined as related expenses for the asset repair and restoration, calculated according to the market prices at the time of compensation; if the assets have been out of repair or restoration, the damage will be determined under Clause 1 of this Article.
3. If the assets have been left unused or unexploited, the damage will be determined as lost actual incomes. For assets on lease on the market, lost actual incomes will be determined commensurate to the rentals of assets of the same kind or assets with the same technical standards, properties, utility and quality at the time of compensation; for assets not on lease on the market, lost actual incomes will be determined as incomes brought about by the damaged assets under normal conditions before the time the damage is caused; if distrained assets are assigned to sufferers or other persons for management, reasonable expenses for the prevention, restriction and redress of damage to the assets will be determined as the compensated damage.
4. Money amounts already remitted into the state budget under decisions of competent state agencies, confiscated or kept for judgment enforcement, and money amounts deposited as security at competent agencies will be returned to sufferers or their relatives; if such money amounts are interest-bearing loans, lawful interest amounts shall also be returned; if such money amounts are interest-free loans, they shall be returned to sufferers or their relatives together with interest amounts calculated at the prime interest rate announced by the State Bank of Vietnam at the time of compensation.
Article 46. Damage due to loss of or decrease in actual incomes
1. Individuals and organizations with identifiable incomes are entitled to compensation for their unearned actual incomes.
2. For individuals with regular but unstable incomes, compensation amounts will be determined based on their average incomes of three consecutive months prior to the time the damage is caused.
3. For individuals with unstable incomes which cannot be specifically identified due to the lack of grounds or with seasonal incomes, the average income level of local labor of the same type shall apply. If the average income level cannot be determined, the damages will be determined based on the common minimum wage applicable to state agencies at the time of compensation (below collectively referred to as the minimum wage).
Article 47. Damage due to mental suffering
1. Damage due to mental suffering during the administrative custody or confinement in a reformatory, rehabilitation establishment or medical establishment will be determined as equal to two days' minimum wage for one day in administrative custody or in a reformatory, rehabilitation establishment or medical establishment.
2. Damage due to mental suffering in cases of being held in custody, detained or serving an imprisonment penalty will be determined as equal to three days' minimum wage for one day of being held in custody, detained or serving an imprisonment penalty.
3. Damage due to mental suffering in case of death of sufferers will be determined as equal to three hundred sixty months' minimum wage.
4. Damage due to mental suffering in case of infringement upon health will be determined based on the extent of health damage but must not exceed thirty months' minimum wage.
5. Damage due mental suffering in case of institution of a criminal case, prosecution, trial or judgment enforcement without being held in custody or detained will be determined as equal to one day's minimum wage for one day of institution of a criminal case, prosecution, trial, non-custodial reform or serving of a suspended sentence. The duration used for calculating the compensation amount shall be determined from the date of issuance of the decision to institute a criminal case against the accused to the date of issuance of the judgment or decision by a competent agency affirming that such person falls into a compensation-eligible case specified in Clause 3, Article 26 of this Law.
Article 48. Material loss due to the death of sufferers
1. Reasonable expenses for medical treatment, health fostering and care for the sufferer before his/her death.
2. Funeral costs prescribed by the law on social insurance.
3. Alimonies for persons to whom the sufferer is currently obliged to provide. Monthly alimonies shall be determined as equal to the minimum wage, unless they are otherwise provided by law or determined under effective decisions of competent state agencies.
Article 49. Material loss due to health damage
1. Reasonable expenses for medical treatment, health fostering and recovery and functional rehabilitation for sufferers.
2. Lost or reduced actual incomes of sufferers, as provided for in Article 46 of this Law.
3. Reasonable expenses for, and lost actual incomes of. persons who look after sufferers during hospitalization.
4. In case a sufferer loses his/her working capacity and needs a regular caretaker, the damages will cover reasonable expenses for caring the sufferer and alimonies for persons to whom the sufferer is currently obliged to provide. Monthly alimonies are determined as equal to the minimum wage, unless they are otherwise provided by law or determined under effective decisions of competent state agencies.
Article 50. Return of assets
Assets seized, held in custody, distrained or confiscated will be returned immediately after the decisions on asset seizure, custody, distraint or confiscation are cancelled.
Article 51. Honor restoration for sufferers in criminal proceedings
1. Sufferers defined in Clauses 1, 2 and 3, Article 26 of this Law or their lawful representatives are entitled to claim for honor restoration within 3 months, counting from the date the compensation settlement decisions take effect.
2. Within 30 days after receiving a written claim for honor restoration filed by a sufferer or his/her lawful representative, the compensation-liable agency which has handled the case shall make public apologies and corrections.
3. Public apologies and corrections shall be made in the following forms:
a/ Direct apologies and public corrections made at residence or working places of the sufferers with the participation of representatives of the administrations of the localities where the sufferers reside or representatives of the agencies in which the sufferers work, and representatives of a socio-political organization of which the sufferers are members;
b/ Apologies and corrections published on a central newspaper and a local newspaper for three consecutive issues at the request of the sufferers or their lawful representatives.
4. If the sufferers have died, their relatives are entitled to claim for honor restoration.
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Luật trách nhiệm bồi thường của Nhà nước 2009 (Bản Word)