Chapter II
SCOPE OF ON STATE COMPENSATION LIABILITY
Article 17. Scope of compensation liability in administrative management
The State shall be liable for damages in the following cases:
1. Unlawfully issuing decisions on penalties for administrative violations;
2. Unlawfully applying measures to ward off administrative violations and secure the handling of administrative violations;
3. Unlawfully applying one of the following remedial measures for administrative violations:
a) Enforce dismantling of facilities or parts of facilities which are constructed without licenses or inconsistently with the license;
b) Enforce elimination of infringement on products, packages, business facilities, or articles;
c) Enforce recall of unqualified products and goods;
4. Unlawfully enforce the implementation of decision on penalties for administrative violations;
5. Unlawfully applying one of the following handling measures for administrative violations:
a) Education at communes, wards, district-level towns;
b) Sending to reformatory schools;
c) Sending to correctional facilities;
d) Sending to compulsory detoxification centers;
6. Failure to apply or apply following measures to protect denouncers upon their requests not in accordance with the Law on denunciation:
a) Suspending, temporarily suspending, cancelling partly or wholly decisions on disciplinary actions or other decisions infringing legitimate rights and interests of denouncers; resume positions, income, and other legitimate interests for denouncers at their workplace;
b) Suspending, temporarily suspending, cancelling partly or wholly administrative decisions/acts infringing legitimate rights and interests of denouncers; resume positions, income, and other legitimate interests for denouncers at their places of residence;
c) Applying prevention, actions against infringement or threats of infringement on life, health, assets, honor, prestige, and reputation of denouncers as per the law;
7. Committing prohibited acts prescribed in the Law on information access in terms of intentional provision of falsifying information without issuing a denial or provide information again;
8. Unlawfully issuing, revoking, non-issuing certificates of enterprise registration, certificates of household business registration, certificates of registration for investment, licenses and license-equivalent documents;
9. Unlawfully imposing taxes, fees, and charges; unlawfully collecting taxes, fees, and charges; unlawfully collecting tax arrears, paying tax refund; unlawfully collecting land levies;
10. Unlawfully applying customs procedures;
11. Unlawfully allocating land, leasing land or recovering land, permitting land use purpose change, compensating for and supporting ground clearance and resettlement; granting or revoking certificates of rights to use land and own houses and other assets attached to land;
12. Unlawfully issuing decisions on handling of competitions cases;
13. Issuing patents according to the legal basis that the applicant has no right to submit the application or the applicant fails to meet the conditions for protection; refuse to issue a patent with the reason that the applicant fails to meet the conditions for protection without legal basis; and have the patent annulled without legal basis;
14. Unlawfully issuing decisions on dismissal as disciplinary action to public employees at the position of less than or equal to Director General.
Article 18. Scope of compensation liability in criminal procedures
The State shall be liable for damages in the following cases:
1. A person was detained for emergencies without justifiable basis as prescribed in the Criminal Procedure Code and he/she did not commit any violation of law;
2. An agency/person competent in criminal procedures issues a decision to release, revoke the decision on custody, refuse to approve the arrest warrant, temporarily detained decision because he/she did not commit a breach of the law;
3. An agency competent in criminal procedures issues judgment/decision affirming that the detainee has not committed an offence or his/her act have not constituted the offence or the time limit for investigating the case has expired without proof that the accused has committed the offense;
4. An agency competent in criminal procedure issues a judgment/decision affirming that the detainee who has completely served or has been serving their termed imprisonment, life sentence, person who has been sentenced to death or person who has been executed under death sentence has not committed any criminal acts or his/her act has not constituted crime;
5. An agency competent in criminal procedures issues judgment/decision affirming that the person against whom criminal case was instituted, who was prosecuted and brought to trial, or judgment enforcement without being held in custody or detention, or serving sentences has not committed an offence or his/her act have not constituted the offence or the time limit for investigating the case has expired without proof that the accused has committed the offense;
6. An agency competent in criminal procedures issues a judgment/decision affirming that the person against whom criminal cases was instituted, who was prosecuted and brought to trial for several offenses in the same case or who has completely served his/her prison terms did not commit any or some of these offenses and the penalty term of combined sentence after combination imposed for remaining offenses is shorter than the duration they were temporarily detained or served their imprisonment sentences, and the person is entitled to compensation for the temporary detention or imprisonment duration in excess of the aggregate term imposed for the offense which he/she has committed;
7. An agency competent in criminal procedures issues a judgment/decision affirming that the person against whom criminal case was instituted or who was prosecuted and brought to trial for various offenses in the same case and sentenced to death but the death penalty has not yet been executed, did not commit the offense subject to the death penalty while the aggregate term for remaining offences is shorter than the duration of his/her temporary detention: and the person is entitled to compensation for his/her temporary detention duration in excess of the aggregate term imposed for the offense he/she has committed;
8. An agency competent in criminal procedures issues a judgment or decision affirming that a person who was tried for various offenses under different judgments and subject to different penalties already aggregated by the court did not commit any offense or committed one or certain offenses while the term for remaining offenses is shorter than his/her temporary detention or imprisonment duration; and he/she is entitled to compensation for his/her temporary detention or imprisonment duration in excess of the aggregate term imposed for the offenses they have committed;
9. An agency competent in criminal procedures issues a judgment or decision affirming that a corporation against whom criminal case was instituted, who was prosecuted and brought to trial, or judgment enforcement has not committed an offence or his/her act have not constituted the offence or the time limit for investigating the case has expired without proof that the accused has committed the offense and such corporation did not commit any violation of law;
10. Entities who have property damaged as a result of seizures, impound, distrain, confiscation, frozen accounts or other entities in conjunction with the cases prescribed in Clauses 1, 2, 3, 4, 5, 6, 7, 8 and 9 of this Article that are damaged.
Article 19. Scope of state compensation liability in civil and administrative proceedings
The State shall be liable for damages in the following cases:
1. Unlawfully apply temporary emergency measures by itself;
2. Apply temporary emergency measures other than those requested by individuals, agencies or organizations;
3. Apply temporary emergency measures beyond individuals', agencies' or organizations' requests;
4. Apply temporary emergency measures for periods not in accordance with regulations of law or apply temporary emergency measures without justifiable reasons;
5. A competent authority confirms that a judgment/decision which has been legally effective is illegal and the issuing person has faced disciplinary action or criminal liability;
6. Insert, remove, modify, swap, destroy or damage documents and evidence or falsify the case or matter leading the issuance of illegal judgment/decision.
Article 20. Scope of state compensation liability in criminal judgment enforcement
The State shall be liable for damages in the following cases:
1. Executing death sentences imposed on persons not subject to death sentences as prescribed in Criminal Code;
2. Jailing people beyond the prison terms under court judgments or rulings;
3. Declining to execute one of the following decisions:
a) Judgment enforcement postponement for convicts;
b) Judgment enforcement suspension for persons who have been serving imprisonment sentences;
c) Mitigation of the prison sentence’s term for persons who have been serving imprisonment sentences;
d) Releasing the convicts on parole;
dd) The State President’s grant of reprieve to the convicts;
e) The National Assembly’s grant of general amnesty to the convicts.
Article 21. Scope of state compensation liability in civil judgment enforcement
The State shall be liable for damages in the following cases:
1. Unlawfully issuing or failing to issue decisions on:
a) Judgment enforcement;
b) Cancellation, revocation, amendment to or cancellation of judgment enforcement decisions;
c) Application of measures to secure judgment enforcement;
d) Coercion of judgment execution;
dd) Postponement of judgment enforcement;
e) Suspension or termination of judgment enforcement;
g) Resumption of judgment enforcement;
2. Unlawfully executing or failing to execute one of the decisions defined in Clause 1 of this Article.
Tìm kiếm
Luật Trách nhiệm bồi thường của Nhà nước 2017 (Bản Word)
Luật Trách nhiệm bồi thường của Nhà nước 2017 (Bản Pdf)