Chương VIII Luật trách nhiệm bồi thường của Nhà nước 2009: Điều khoản thi hành

Chapter VIII

IMPLEMENTATION PROVISIONS

Article 64. Non-collection of court costs, fees, other charges and taxes in the course of compensation settlement

1. When exercising their right to claim for damage compensation to which the State is liable under this Law. sufferers are not required to pay court costs, fees and other charges.

2. The damages received by sufferers are not liable to personal income tax and enterprise income tax.

Article 65. Effect

1. This Law takes effect on January 1, 2010.

2. The following legal documents cease to be effective on the date this Law takes effect:

a/ The National Assembly Standing Committee's Resolution No. 388/2003/NQ-UBTVQH11 of March 17, 2003, on compensation for damage caused to unjustly condemned people by competent persons in criminal proceedings, and guiding documents;

b/ The Government's Decree No. 47/CP of May 3, 1997, on compensation for damage caused by civil servants or competent persons of procedure-conducting agencies, and guiding documents.

Article 66. Transitional provisions

1. Damage compensation claims which have been accepted by competent state agencies but not yet settled or are being settled under Resolution No.388/2003/NQ-UBTVQH11 of March 17, 2003, of the National Assembly Standing Committee on compensation for damage caused to unjustly condemned people by competent persons in criminal proceedings or the Government's Decree No.47/CP of May 3. 1997. on compensation for damage caused by civil servants or competent persons of procedure-conducting agencies, before the effective date of this Law. will be further settled under these legal documents.

2. Cases eligible for compensation under Resolution No.388/2003/NQ-UBTVQH11 of March 17, 2003, of the National Assembly Standing Committee, on compensation for damage caused to unjustly condemned people by competent persons in criminal proceedings and the Government's Decree No.47/CP of May 3, 1997. on compensation for damage caused by civil servants or competent persons of procedure-conducting agencies, for which the statute of limitations has not yet expired under these documents by the effective date of this Law and for which claims for state compensation have not yet been made or have been already made but not yet handled, will be settled under this Law.

Article 67. Implementation detailing and guidance

The Government, the Supreme People's Court and the Supreme People's Procuracy shall detail and guide the implementation of this Law's articles and clauses assigned to them and guide oilier necessary contents of this Law to meet state management requirements.