THE SUPREME PEOPLE’S COURT - THE SUPREME PEOPLE’S PROCURACY - THE MINISTRY OF JUSTICE
Joint Circular No. 01/2012/TTLT-TANDTC-VKSNDTC-BTP of September 18, 2012, guiding the performance of the state compensation liability in civil and administrative proceedings
Pursuant to the Law on State Compensation Liability, which was passed on June 18, 2009, by the XIIth National Assembly of the Socialist Republic of Vietnam at its 5th session;
The Supreme People’s Court, the Supreme People’s Procuracy and the Ministry of Justice jointly guide the performance of the state compensation liability in civil and administrative proceedings as follows:
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Joint Circular guides the implementation of a number of provisions of the Law on State Compensation Liability (below referred to as the Law) on the State’s liability to pay compensations to persons suffering from material damage or mental sufferings caused by illegal acts of procedure-conducting persons of courts (below collectively referred to as procedure-conducting persons) when conducting civil or administrative proceedings.
Article 2. Cases in which courts are liable to pay compensations
A court is liable to pay compensations in civil or administrative proceedings in the following cases:
1. It has applied provisional urgent measures in civil or administrative proceedings (in the cases specified in Clauses 1, 2 and 3, Article 28 of the Law)
a/ Application of provisional urgent measures in civil proceedings
a.1/ Procedure-conducting persons have issued at their own will decisions on application of provisional urgent measures not in the cases specified in Clauses 1, 2, 3, 4 and 5, Article 102 of Civil Procedure Code No. 24/2004/QH11 of June 15, 2004, which was amended and supplemented by Law No. 65/2011/QH12 of March 29, 2011, Amending and Supplementing a Number of Articles of the Civil Procedure Code (below collectively referred to as the Code).
