The right to compensation of the damage sufferer in the law on state compensation of Vietnam

• Main Authors: Nguyen, Xuan Sang, Tran, Thi Thu Hang
• Other Authors: Asian Constitutional Law Recent Development and trends : 6th and 7th December 2019, Hà Nội, Việt Nam. Vol. 2
• Format: Conference or Workshop Item
• Language: English
• Published: Đại học Quốc gia Hà Nội 2020
• Subjects: Law on State compensation; damage sufferer; Vietnam; Luật nhà nước; Người thiệt hại; Bồi thường thiệt hại; Quyền cá nhân; Luật nhân quyền
• Online Access: http://repository.vnu.edu.vn/handle/VNU_123/94103
• Institution: Vietnam National University, Hanoi

The State as a special subject in a relationship with individuals and organizations may in some cases cause damage through the violation of the state officials, who act on behalf of the State. Therefore, in order to protect the rights of individuals and/or organizations on the one hand, and to ensure the stability of public activities and to encourage state officials to exercise their powers lawfully on the other hand, the Law on State compensation was promulgated in 2009 and amended in 2017. Nevertheless, to protect the full legal rights of the damage sufferers, Vietnam needs to continue revising relevant legislative documents as well as have solutions to protect the right to compensation of the damage sufferers in practice. This paper offers answers to the questions: (1) What do state compensation and the right to compensation of the damage sufferers mean in Vietnam?; (2) What is the development of State compensation?; and (3) How is the right to compensation of the damage sufferers protected according to the Law on State compensation in Vietnam?