Protection of the right of damage sufferers in the law on state compensation liability of viet nam = bảo vệ quyền của người bị thiệt hại trong luật trách nhiệm bồi thường của nhà nước của việt nam

VIETNAM NATIONAL UNIVERSITY SCHOOL OF LAW TRAN THI THU HANG PROTECTION OF THE RIGHT OF DAMAGE SUFFERERS IN THE LAW ON STATE COMPENSATION LIABILITY OF VIET NAM MASTER THESIS HA NOI - 2019 LUAN VAN CHAT LUONG download : add luanvanchat@agmail.com VIETNAM NATIONAL UNIVERSITY SCHOOL OF LAW TRAN THI THU HANG PROTECTION OF THE RIGHT OF DAMAGE SUFFERERS IN THE LAW ON STATE COMPENSATION LIABILITY OF VIET NAM Specialized in Law on human rights Code No.: 8380101.07 MASTER THESIS Scientists’ instructor: Dr LA KHANH TUNG HA NOI - 2019 LUAN VAN CHAT LUONG download : add luanvanchat@agmail.com STUDENT DECLARATION I, Tran Thi Thu Hang, declare that this Master thesis is my own work The figures, references and examples are accuracy, honesty I have completed all the subjects of the courses, has fulfilled all my financial obligations to the School of Law - Vietnam National University Therefore I offer the School of Law - Vietnam National University to consider the proposal so that I can defend my Master thesis Thanks faithfully! Student Tran Thi Thu Hang LUAN VAN CHAT LUONG download : add luanvanchat@agmail.com ACKNOWLEDGEMENTS With great joy have I written this thesis, but obviously I couldn‟t have done it all by myself Special thanks to my parents, who I can call whenever necessary to look after my children and encourage me to complete my thesis Also to Doctor La Khanh Tung, I could not wish a better instructor, who was not only my teacher during the whole postgraduate program but also my instructor to write my thesis His willing to help students, to have face to face meetings for discussions with every step of my research has helped me to complete my thesis on time Special thanks also to the School of Law, where we are always welcome Thank you, the Government of Australia, who has sponsored to the postgraduate program of human rights supporting us the diversity of learning materials and seminars relating to human rights And last, but certainly not least, my husband and two kids, the love of my life, who always give me a push and smile STUDENT Tran Thi Thu Hang LUAN VAN CHAT LUONG download : add luanvanchat@agmail.com TABLE OF CONTENTS STUDENT DECLARATION ACKNOWLEDGEMENTS TABLE OF ABBREVIATIONS PREFACE CHAPTER 1: SOME THEORETICAL ISSUES ON RIGHTS OF THE DAMAGE SUFFERER AND STATE COMPENSATION LIABILITIES 1.1 Rights of the damage sufferer and state liability to compensate 1.1.1 Definition, characteristics and elements of the rights of the damage sufferer 1.1.2 Definition, characteristic, elements of State compensation 11 1.1.3 Protecting the rights of the damage sufferers in the State compensation mechanism 22 1.2 Protecting the rights of the damage sufferers and State compensation liability in international and regional law 24 1.2.1 Rights of the damage sufferer in international law 24 1.2.2 Rights of the sufferer in the region law 27 1.2.3 Rights of the damage sufferers in some countries of the world 30 Conclusion of Chapter 39 CHAPTER 2: RIGHTS OF THE DAMAGE SUFFERER IN THE LAW ON STATE COMPENSATION LIABILITY IN VIET NAM 40 2.1 Period before 2009 40 2.1.1 Regulations of the law 40 2.1.2 Protection of the rights of the damage sufferer in practical in the period before 2009 48 2.2 Period from 2009 to 2017 49 LUAN VAN CHAT LUONG download : add luanvanchat@agmail.com 2.2.1 The necessary to promulgate the Law on State compensation liability 2009 and the protection the rights of the damage sufferers in the Law on State compensation liability 2009 50 2.2.2 The practical of protecting the rights of the damage suffered through the State compensation liability in this period 56 2.2.3 Limitations and reasons 59 2.2.4 General comments 64 2.3 State compensation liability in the period 2017 up to now 65 2.3.1 Protecting the right of the damage sufferer in the Law on State compensation liability 2017 and comparion to the Law on State compensation liability 2009 66 2.3.2 Protecting the rights of the sufferer through the implementation of the Law on State compensation liability in the period from 2017 until now 74 2.3.3 Limitations, problems and causes 77 Conclusion of Chapter 79 CHAPTER 3: RECOMMENDATIONS TO PROTECT THE RIGHTS OF THE DAMAGE SUFFERER IN STATE COMPENSATION LIABILITY IN VIETNAM 80 3.1 Requirement from the Communist Party and State to protect the rights of the damage sufferer in the regulations on State compensation liability 80 3.2 Improving the Law on State compensation liability 81 3.2.1 The scope of State compensation liability 81 3.2.2 The compensable damages 82 3.2.3 The procedure to settle compensation 83 3.2.4 Coordination in compensation settlement 83 3.3 Improving the capacity of the official duty performers and the qualification of the public service 83 LUAN VAN CHAT LUONG download : add luanvanchat@agmail.com 3.4 Establishing an independent agency to protect human rights and for the resolution of claims and payment of compensation 84 3.5 Continuing disseminate, educate and propagandize regulations on the rights of the damage sufferer and enhance the quality of the public service to assist the damage sufferers in carrying out the procedures for claiming compensation 86 Conclusion of Chapter 89 CONCLUSION 90 REFERENCES 92 APPENDIX LUAN VAN CHAT LUONG download : add luanvanchat@agmail.com TABLE OF ABBREVIATIONS Decree No 47/CP : Decree No 47/CP on the settlement of compensation for damage caused by State officials, employees or competent persons of legal proceedings agencies ICCPR : International covenant on Civil and Political rights 1966 Resolution No 388/2003/NQUBTVQH11 : Resolution No 388/2003/NQ-UBTVQH11 on compensation for the victims of wrongful convictions SCL : Law on State Compensation liability UN : United Nations LUAN VAN CHAT LUONG download : add luanvanchat@agmail.com PREFACE The urgency of the research topic After becoming a member of the United Nations (UN), Vietnam has gradually participated in most international conventions on human rights, including the International covenant on Civil and Political rights 1966 (ICCPR), Socialist Republic of Vietnam ratified it on September 24, 1982 Most countries in the world have recognized the right to compensation as one of the basic civil and political rights of people Accordingly, many countries have concretized in domestic laws with the recognition of the State's compensation responsibility for the damages caused by official duty performer during the performance of their duties In the proceeding of building the Socialist Rule of Law State as well as to implement international commitments that Vietnam has accepted, Vietnam has promulgated a system of laws, among them are regulations on the responsibility of the State to compensate for damages caused by an official duty performer while they are on duty The Constitution 1992 is the first document that clearly recognizes the right to claim compensation for illegal acts of official duty performers during the performance of public duties This provision is further affirmed and concretized in paragraph of Article 31 of Constitution 2013 The Civil Code 1995 has reserved two Articles 623 and 624 to stipulate the liability of state agencies and regulations This continues to be noted in the Civil Code 2005 (Article 619 and Article 620), Civil Code 2015 (Article 598) An important step is on June 18, 2009, the official Law on State compensation liability (SCL) was approved at the 5th session of the 12th National Assembly, which came into force on January 1, 2010 This is the first specific law regulates on the responsibility of the State to compensation for damage caused by illegal acts of official duty performers LUAN VAN CHAT LUONG download : add luanvanchat@agmail.com In addition to the achievements, SCL 2009 has also some limitations and shortcomings Therefore, on June 20, 2017, at the 3rd session of the National Assembly XIV has passed the SCL, which comes into force since July 1, 2018 These are the two leading laws that specifically regulate the rights of the damage sufferer due to illegal acts The content of compensated objects, scope of compensation liability, criteria for determining damages and compensation levels, funding, responsible agencies for compensation and especially principles and procedure to claim for compensation are stated clearer In the process of implementing the SCL from 2010 up to now, it shows that, although the rights of the damage sufferer have been assured, there are still many rights and interests of the damage sufferer that have not been guaranteed In the process of building the socialist rule of law state as well as to implement international commitments that Vietnam has ratified, the rights to compensation should be continued researching One of the ways to improve the effectiveness of ensuring the right to compensation is to study the effectiveness of the regulations in SCL 2009 and SCL 2017 Therefore, I choose to research on the topic of “Protection of the right of damage sufferer in the Law on State compensation liability of Viet Nam” for my Master thesis of law in human rights Research situation Until now, in Viet Nam there has only one books on Law on State compensation liability 2017, which is “Main contents of the Law on State compensation liability 2017” (State Compensation Department, 2017, People‟s Police Publishing House) But it has not been any research on the right of the damage sufferers in the SCL 2017 in particular There have been many projects and research only on Law on State compensation liability 2009 LUAN VAN CHAT LUONG download : add luanvanchat@agmail.com 34 School of Law (2012), Introduction the International Convention on civil and political rights, Hong Duc Publishing House 35 State compensation Department (2012), Research on Law on State compensation liability, Judicial Publishing House, Hanoi 36 State compensation Department (2012), Report No 509/BC-BTNN on November 30, 2012 on survey on the practical of compensation settlement in the field of land 37 State compensation Department (2014), Report of the Conference on the situations of compensation settlement and wrongful actions, reasons arise State compensation liability in administrative management and civil judgment execution in Bac Giang and some city next to Bac Giang 38 State Compensation Department (2016), Report No 04/BC-BTNN on January 12, 2016 on Summarizing the result of the Law on State compensation liability after years of implementation 39 State Compensation Department (2017), Main contents of the Law on State compensation liability 2017, People‟s Police Publishing House 40 Supreme Court (2015), Report No 159/TANDTC-TH on December 09, 2015 on Summarizing the result of the Law on State compensation liability after years of implementation 41 La Khanh Tung (2017), National Human rights institution – 101 Ask and answer, Hong Duc Publishing House, Hanoi 42 Nguyen Nhu Y (2010), Vietnamese Dictionary, Ho Chi Minh city National University II Legal documents 43 Constitution 1980 44 Constitution 1992 95 LUAN VAN CHAT LUONG download : add luanvanchat@agmail.com 45 Constitution 2013 46 Criminal procedure code 2015 47 Decree No 16/2010/ND-CP on March 03, 2010 guiding on implementation the law on the State compensation liability 2009 48 Decree No 47/CP on May 03, 1997 on dealing with compensation for damage caused by State officers 49 Joint Circular No 05/2012/TTLT-VKSNDTC-TANDTCTC-BCABTP-BQP-BTC-NBB&PTNT on February 11, 2012 on guiding the implementation of the State liability in activities of civil proceedings, administrative proceedings 50 Hoang Viet luat le 51 Politburo, Resolution No 48-NQ/TW on May 24, 2005 on the Stratagies for building and comprehending the legal system until 2010, an orientation upward to 2020 52 State compensation Department, Decision No 12/QĐ-BTNN on April 10, 2018 on the functions, tasks, powers and organizational structure of the unit govern by State compensation Department 53 Law on State compensation liability 2009 54 Law on State compensation liability 2017 55 Quoc Trieu hinh luat III Websites 56 www.nclp.org.vn 57 https://vnexpress.net/tin-tuc/thoi-su/nhung-vi-vua-trong-su-viet-haminh-nhan-loi-3388100.html B In English I Books/ Articles/ Thesis 58 Agata Cebera & Aleksander Wrobel (2016), Compensation liability for damages incurred while exercising public authority – a basic pillar of democratic State ruled by Law, Polish Political Science yearbook, vol 45 96 LUAN VAN CHAT LUONG download : add luanvanchat@agmail.com 59 Alska Scherer (2002), State liability – Ten years after Francovich, Master thesis at Lund University 60 Amnesty International (2014), Fair Trial manual, Amnesty International Publications, United Kingdom 61 A.R.M Murray (2010), An introduction to political philosophy, Routledge Revivals, London 62 Cases 46 & 48/93, Brasserie du Pêcheur SA v Germany; Secretary of State for Transport, ex parte Factortame Ltd and Others, C.M.L.R 889 (1996) ECR I-1145, section 36 63 Keith Hand (2000), Watching the watchdog: China’s State Compensation law as a remedy for procuratorial misconduct Pacific Rim law and policy Journal 64 Markensinis (1997), The German law of obligations – Volume II The law of torts: A comparative Introduction, 3rd edition, 65 Office of the United Nations High Commissioner for human rights (2006), Frequently asked questions on a human rights-based approach to development cooperation, New York and Geneva 66 Secretary General (2009), Report Implementing the Responsibility to Protect, UN doc., A/63/677, 12 Jan 2009 67 Ulrich Stelkens (2017), General principles of administrative law, Deutsche Universitat fur Verwaltungswissenschaften Speyer 68 Wolfgang Ruefner (1991), Basic elements of German Law on State liability in Bell and Bradley (eds), Governmental liability: A comparative study, 249 ff II Legal documents 69 Chinese State compensation law 2010 70 Thailand Case Act on damages for the damage sufferer and Compensation and Expense for the Accused in Criminal 97 LUAN VAN CHAT LUONG download : add luanvanchat@agmail.com 71 America Federal Tort Claim Act 72 German Civil Code 73 German Constitution 74 International convention on civil and political rights 1966 III Websites 75 https://aic.gov.au/publications/tandi/tandi356 76 http://archives.au.int/bitstream/handle/123456789/310/Assembly%20A U%20Decl%203%20%28VII%29%20_E.PDF?sequence=1&isAllowed=y 77 https://attorneyinfoguide.com/?page=Pro%20Bono%20Attorneys&og1 =f39c033d-15c0-4749-b707-d7458553e807&cid=cid13627 78 https://blogs.wsj.com/chinarealtime 79 https://documents-ddsny.un.org/doc/UNDOC/GEN/G16/025/43/PDF/G1602543.pdf?OpenEl ement 80 http://digitalcommons.osgoode.yorku.ca/reports?utm_source=digitalco mmons.osgoode.yorku.ca%2Freports%2F128&utm_medium=PDF&ut m_campaign=PDFCoverPages 81 https://ec.europa.eu/info/sites/info/files/strengthening_victims_rights from_compensation_to_reparation.pdf 82 https://www.echr.coe.int/Documents/Annual_report_2017_ENG.pdf 83 https://www.encyclopedia.com/history/united-states-and-canada/ushistory/federal-tort-claims-act 84 https://www.globaldisabilityrightsnow.org/tools/usa-vietnam/legal-aidunited-states 85 https://ijrcenter.org/european-court-of-human-rights/ 86 https://www.innocenceproject.org/compensating-wrongly-convicted/ 87 http://www.ieim.uqam.ca/IMG/pdf/Cahier_0304_GusVanHarten.pdf 98 LUAN VAN CHAT LUONG download : add luanvanchat@agmail.com 88 https://www.iep.utm.edu/locke-po/ 89 http://www.ndrn.org/en/ndrn-member-agencies.html 90 http://www.ombudsman.gov.au/How-we-can-help 91 http://www.ouclf.iuscomp.org 92 htps://scholarship.law.tamu.edu/facscholar/535 93 https://www.tandfonline.com/doi/full/10.1080/13533312.2014.963322 94 https://thelawdictionary.org/ 95 https://vnexpress.net/news/news/dead-girl-s-family-crashes-mediaevent-after-vietnamese-man-cleared-of-murder-3575761.html 96 https://www.un.org/en/genocideprevention/documents/atrocitycrimes/Doc.29_declaration%20victims%20crime%20and%20abuse%2 0of%20power.pdf 99 LUAN VAN CHAT LUONG download : add luanvanchat@agmail.com APPENDIX 2.1 THE COMPARATION OF RIGHTS TO COMPENSATION OF THE DAMAGE SUFFERER THROUGH STAGES No I PERIOD BEFORE 2009 PERIOD FROM 01/01/2009 PERIOD FROM 01/7/2018 TO 30/6/2018 UP TO NOW SOME MAIN LEGAL DOCUMENTS ON THE RIGHTS OF THE DAMAGE SUFFERER CAUSED BY THE OFFICIAL DUTY PERFORMER - The Constitution 1959; - The Constitution 1992; - The Constitution 1980; - Law on State compensation liability 2009 - Law on State compensation liability (SCL 2009); 2017 (SCL 2017); - The Constitution 1992; - The Constitution 2013; - The Criminal procedure code 2003; - The Criminal procedure code 2003; - Law on Complaints 2011; - Law on Administrative procedure 2015; - The Civil procedure code 2004; - Law on Denunciations 2011; - Law on Criminal procedure 2015; - Law on complaints and denunciations 1998; - Law on Administrative procedure 2015; - Law on Civil procedure 2015; - Law on Civil procedure 2015, etc - Law on Civil procedure 2015, etc - The Civil code 1995; - Decree No 47/CP; - Resolution No 388/2003/NQUBTVQH11, etc LUAN VAN CHAT LUONG download : add luanvanchat@agmail.com II RIGHTS OF THE DAMAGE SUFFERER The victimized party is entitled to request the State agency or the legal proceedings agency to compensate for damage caused to it by the official, employee or competent person of such agency or request the Court to protect its legitimate rights and interests (Article Decree No 47/CP) 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 The following persons have the right to claim state compensation: Damage sufferers; Heirs of damage sufferers that are deceased; organizations taking over rights and obligations of damagesuffering organizations that no longer exist; At-law representatives of damage sufferers that are required by the Civil In the course of lodging their complaints Code to have at-law representatives; or instituting administrative lawsuits, sufferers are entitled to request persons Individuals or legal entities authorized competent to settle complaints or courts to by persons specified in Clauses 1, and of this Article to exercise the right to settle compensation claim compensation (Article SCL 2009) (Article SCL 2017) Rights and obligations of sufferers (Article Rights and obligations of compensation SCL 2009) claimants (Article 13), in which regulate clearly the rights and obligations of damage sufferers and the rights and obligations of the compensation claimants LUAN VAN CHAT LUONG download : add luanvanchat@agmail.com III SCOPE OF THE STATE COMPENSATION LIABILITY State agencies and agencies conducting legal proceedings shall have to compensate for damage caused by their officials, employees or competent persons who are on duty or performing the tasks of investigation, prosecution, trial or enforcement of judgments as prescribed in Articles 623 and 624 of the Civil Code (Article Decree No 47/CP) Scope of compensation liability in Scope of compensation liability in administrative management activities administrative management activities (Article 13) (Article 17) Scope of compensation liability in Scope of compensation liability in criminal proceedings (Article 26) criminal proceedings (Article 18) Scope of compensation liability in civil Scope of compensation liability in and administrative proceedings (Article civil and administrative proceedings 28) (Article 19) Scope of liability for compensation in Scope of liability for compensation in civil judgment enforcement (Article 38) civil judgment enforcement (Article 20) In some cases in criminal Scope of compensation liability in criminal judgment enforcement (Article proceedings (Resolution No 388) 39) => The scope of the State compensation is concern mainly in => SCL 2009 regulates the scope of compensation by the way of listing cases in criminal proceedings which the State is liable to compensate Moreover, at the end of those Article there is an “open regulations”, which stated that the State is still liable to compensate in “Other compensation-eligible cases prescribed by law” Scope of compensation liability in criminal judgment enforcement (Article 21) => SCL 2017 widen the cases in which the State is liable to compensation in each field but it erase the “open regulations” clauses as stated in SCL 2009 LUAN VAN CHAT LUONG download : add luanvanchat@agmail.com IV COMPENSATABLE DAMAGES AND RESTORATION OF HONOR Compensable damage include Damage due to mental suffering; Material loss due to the death of damage sufferers; Damage due to mental suffering; Return of assets and compensation in case of property infringement; Damage due to loss of in actual incomes of injustice victim (Article to Article Resolution No 388/2003/NQUBTVQH11) Compensable damage include: Damage caused by asset infringement; Damage due to loss of or decrease in actual incomes; Damage due to mental suffering; Material loss due to the death of sufferers; Material loss due to health damage; Return of assets (Article 45 to Article 50 SCL 2009) - Determination of damage (Article 22 State Compensation liability 2017) - Compensable damages: Damage caused by property infringement; Damage due to loss or reduction of actual income; Material loss due to the death of damage sufferers; Material loss - The restoration of honor for a damage due to health damage; Damage due to sufferer in criminal proceedings (Article 51 mental suffering; Other compensable SCL 2009) expenses; Restoration of other lawful rights and interests of damage sufferers Restoration of honor, include 02 (Article 23 to Article 29 State forms: direct apology to, and public Compensation liability 2017) correction at the place of residence - Restoration of honor: Restoration of of, the damage sufferer being an honor for damage sufferers before they individual or at the office of the make requests; procedure to restoration damage sufferer being a commercial of honor for damage sufferers before legal entity; Publishing a public they make requests, Forms of restoration apology and correction in the press of honor (direct apology to, and public (Article Resolution No correction at the place of residence of, 388/2003/NQ-UBTVQH11) the damage sufferer being an individual or at the office of the damage sufferer being a commercial legal entity; LUAN VAN CHAT LUONG download : add luanvanchat@agmail.com Publishing a public apology and correction in the press) (Section State compensation law 2017) V MECHANISM AND PROCEDURE TO CLAIM FOR COMPENSATION In cases where the victimized party directly requests the State agency or the agency conducting legal proceedings to compensate for damage caused by its official, employee or by the competent person of the agency conducting legal proceedings, the compensation shall be settled in accordance with the provisions of Article to Article 11 of Decree No 47 In cases where the parties fail to agree on the compensation for damage or one of the parties fails to strictly abide by the agreement, the parties shall have the right to request the settlement by the Court (Article Decree No 47) The mechanism to claim for compensation There are 04 ways to claim for and the procedure can be done by one of compensation which is divided into those ways: cases: - Through the procedure of solving - In case when the claimants have administrative cases in accordance with the document used as a basis for claiming law on administrative procedure compensation, they can: (i) claim - Through solving Complaints or compensation at agencies directly Denunciations accordance with the Law on managing damage-causing official duty performers, or (ii) claim compensation Complaints, Denunciations at Court according to the civil - Through the procedure of state procedure compensation liability of the authorized - Case 2: when the claimants not agencies and accordance with SCL 2009 have document used as a basis for - Through the procedure of solving claiming compensation, they can: (i) criminal cases in accordance with the law claim compensation while sue an on criminal procedure administrative law case accordance with the administrative procedure; (ii) claim compensation while sue a criminal law case accordance with the criminal procedure LUAN VAN CHAT LUONG download : add luanvanchat@agmail.com VI COMPENSATION PAYMENT - Compensation fund shall be allocated - Compensation fund shall be allocated from the central or local budget (Article 52 from the central or provincial-level SCL 2009) budgets (Article 60) - Payment shall be paid by the - Payment shall be paid by the agency compensation-liable agencies to the directly managing the damage-causing sufferers or their relatives (Article 54 SCL official duty performer to the 2009) compensation claimant VII ASSIST THE DAMAGE SUFFERER TO CARRY OUT THE PROCEDURES TO CLAIM FOR COMPENSATION The Government has the responsibility to perform the unified state management of compensation work in administrative management and judgment enforcement The Ministry of Justice shall assist the Government in performing this task 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 The Government shall perform the uniform state management of state compensation in the administrative management, proceedings and judgment execution nationwide The Ministry of Justice shall act as the focal point in assisting the Government in performing the state management of state compensation Provincial-level People‟s Committees shall perform the state management of state compensation work in administrative management, The Supreme People's Court and the proceedings and judgment execution in Supreme People's Procuracy shall, within their localities LUAN VAN CHAT LUONG download : add luanvanchat@agmail.com 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 The Supreme People‟s Court and Supreme People‟s Procuracy Within the ambit of their functions, tasks and powers shall Coordinate with the Government in performing the contents of state management of state compensation work (Article 11 SCL 2009) Ministries, ministerial-level agencies and government-attached agencies Within the ambit of their functions, tasks and powers, ministries, ministerial-level agencies and government-attached agencies shall coordinate with the Ministry of Justice in performing the contents of state management of state compensation work (Article 73 to Article 75 SCL 2017) LUAN VAN CHAT LUONG download : add luanvanchat@agmail.com APPENDIX 2.2 SURVEY SUMMARY I INTERVIEW SCHEDULE Do you know about the responsibility of the State to protect your rights? Do you know about the Law on State compensation liability? How well is the Law known? Should the State or the official duty performer be liable to pay compensation? Why? According to you, what right should the injured party have? What damages should be compensated? Mental? Physical? Or both? Do you think the procedure used to solve disputes over state liability is appropriate? Have you ever been injured caused by the official duty performers? If yes, in what fields (administrative, criminal, civil execution, etc.)? Have you any difficulties in exercising your compensation right? 10 In your opinion what changes, if any, should to be made to the processes which are used to enforce the law? II ANSWER SHEET No Name Location Date Characteristics N T H Bac Kan 11.5.2019 Female, Student at Bac Kan Community College T V V Bac Kan 11.5.2019 Female, Student at Bac Kan Community College D T M G Bac Kan 11.5.2019 Male, Law lecturer at Bac Kan Community College P T H Bac Kan 11.5.2019 Male, Philosophy lecturer at LUAN VAN CHAT LUONG download : add luanvanchat@agmail.com No Name Location Date Characteristics Bac Kan Community College T B H K Bac Kan 11.5.2019 Middle-aged women, housewife V X H Bac Kan 11.5.2019 Male construction worker B M P Bac Kan 11.5.2019 Middle-aged woman housewife N T M L Bac Kan 11.5.2019 Female, Staff at State agency N V Cao Bang 10.5.2019 Male, Retired workers 10 D V H Cao Bang 10.5.2019 Female, High school teacher 11 H N H Cao Bang 10.5.2019 Female, High school teacher 12 L T T H Cao Bang 10.5.2019 Female, High school teacher 13 N V C Cao Bang 10.5.2019 Male, High school teacher 14 L T K L Cao Bang 10.5.2019 Female, Factory worker 15 N T V Cao Bang 10.5.2019 Female, Factory worker 16 L C Cao Bang 10.5.2019 Male, Factory worker 17 P V A T Cao Bang 10.5.2019 Male, Factory worker 18 V N H Cao Bang 10.5.2019 Male, Construction worker 19 L T K Y Cao Bang 10.5.2019 Male, Staff at State agency 20 T.H 21 V V A 22 N V H 23 N V T Ha Noi 26.6.2019 Male, Police 24 N V T Ha Noi 26.6.2019 Male, High school teacher 25 L C Ha Noi 26.6.2019 26 C T T L Ha Noi 26.6.2019 Middle aged man, businessman 27 N T T Ha Noi 28.6.2019 Ha Noi (by telephone) Ha Noi (by telephone) Ha Noi (by telephone) 26.6.2019 Old man, retired worker 26.6.2019 Old man, retired worker 26.6.2019 Old man, retired worker Young male foreigner, Chinese student Middle aged woman, Staff of State agency LUAN VAN CHAT LUONG download : add luanvanchat@agmail.com No Name Location Date Characteristics 28 D T H Y Ha Noi 28.6.2019 Middle aged woman, Staff of State agency 29 N T T H Ha Noi 28.6.2019 Middle aged woman, Staff of State agency 30 D D A Ninh Binh 14.5.2019 Female, Tourist guide 31 N M Q Ninh Binh 14.5.2019 Male, peasant 32 T V H Ninh Binh 14.5.2019 Middle aged woman, housewife 33 N D C H Ninh Binh 14.5.2019 High school female student 34 T V H Ninh Binh 14.5.2019 High school female student 35 N V B Ninh Binh 14.5.2019 High school male student 36 L T P Thua Thien Hue 09.7.2019 Female, Staff at State agency 37 L M C Thua Thien Hue 09.7.2019 Female, Staff at State agency 38 P T H A Thua Thien Hue 09.7.2019 Male, Staff at State agency 39 D T L Thua Thien Hue 09.7.2019 Female, Staff at State agency 40 T H K Thua Thien Hue 09.7.2019 Middle aged man, Police 41 P V O Thua Thien Hue 09.7.2019 Middle aged man, Police 42 V V N 43 N B D 44 N T T T Thai Binh 10.6.2019 Female doctor 45 L T Thai Binh 10.6.2019 Middle aged woman, Peasant 46 L D H Thai Binh 10.6.2019 High school male teacher 47 P T T Thai Binh 10.6.2019 High school female teacher Thai Binh (by telephone) Thai Binh (by telephone) 10.6.2019 Male, retired worker 10.6.2019 Female, retired worker LUAN VAN CHAT LUONG download : add luanvanchat@agmail.com ...VIETNAM NATIONAL UNIVERSITY SCHOOL OF LAW TRAN THI THU HANG PROTECTION OF THE RIGHT OF DAMAGE SUFFERERS IN THE LAW ON STATE COMPENSATION LIABILITY OF VIET NAM Specialized in Law on human rights... on the topic of ? ?Protection of the right of damage sufferer in the Law on State compensation liability of Viet Nam? ?? for my Master thesis of law in human rights Research situation Until now, in. .. 2.2.1 The necessary to promulgate the Law on State compensation liability 2009 and the protection the rights of the damage sufferers in the Law on State compensation liability 2009 50 2.2.2 The