Circular No. 02/2023/TT-TANDTC dated August 24th, 2023 of the Supreme People’s Court on guiding implementation of Article 55 of the Law on state compensation liability regarding settlement of compensation claims during criminal proceedings, administrative proceedings at court

This Circular provides guidelines for settlement of compensation claims during criminal proceedings, administrative proceedings at Court, including:

- Identifying competent Court capable of settling compensation claims;

- Requesting the Court to settle compensation claims;

- Identifying violations of the law of law enforcers that cause damage under state compensation liability;

- Identifying damage liable for compensation;

- Splitting compensation request for settlement via separate cases according to civil proceeding;

- Contents of judgment settling compensation claims.

Accordingly, it is required to note that with regard to request for state compensation in relation to criminal cases, the compensation request shall be made before the trial panel enters deliberation room.

With regard to request for state compensation in relation to administrative cases, the compensation request shall be made before or during meetings examining evidence submission, access, publishing, and dialogue.

If persons filing compensation claims file the claims after the above - mentioned deadlines, the Court shall not settle the claims but provide explanation for the right to request competent authority to settle compensation in accordance with the Law on State Compensation Liability when they receive judgment, decision from the Court.

This Circular takes effect from October 20th, 2023.