In criminal proceedings, mistakes by procedural authorities can cause an innocent person to be detained, arrested, held in custody, or even to serve a prison sentence. Once a miscarriage of justice is established, the State is responsible for compensating the wronged person. So who qualifies for state compensation for wrongful prosecution in Vietnam, and what are the conditions and procedures? This article summarizes the current provisions of the Law on State Compensation Liability.
What is a miscarriage of justice in criminal proceedings?
A miscarriage of justice in criminal proceedings means a situation where a person who did not commit a crime is subjected to procedural measures such as emergency detention, arrest, custody, prosecution, trial, or sentence enforcement in violation of the law, and is later determined by a competent authority to have been wronged. This is not an ordinary procedural error that can be corrected during the case, but a violation that has caused actual material and mental damage to the wronged person.
The scope of the State’s compensation liability is defined in Article 2 and Clause 1 of Article 3 of the Law on State Compensation Liability No. 10/2017/QH14 (currently applied under Consolidated Document No. 98/VBHN-VPQH of 2025): individuals and organizations suffering material and mental damage caused by public-duty performers in cases prescribed by law are entitled to State compensation.
Who qualifies for State compensation for wrongful prosecution?
Article 18 of the Law on State Compensation Liability provides nine cases in criminal proceedings in which a wronged person is entitled to compensation. Note: some summaries list only four or five cases, which is incomplete — below are all nine cases under the current law:
Group 1 — Wrongful emergency detention, arrest, or custody:
- (k1) Being held in an emergency case without grounds under the Criminal Procedure Code and without committing any act in violation of the law;
- (k2) Being arrested or held in custody and then released, having the custody decision annulled, or not having the arrest warrant or custody extension approved — because the person did not commit any act in violation of the law.
Group 2 — Wrongful temporary detention:
- (k3) Being held in temporary detention and then having a judgment or decision determining that there was no criminal incident, the act did not constitute a crime, or the investigation period expired without proving that the accused committed the crime.
Group 3 — Wrongful serving of a sentence:
- (k4) Having served or serving a fixed-term or life sentence, having been sentenced to death, or having had the death sentence executed — and later being determined to have been wronged.
Group 4 — Prosecuted, tried, or subjected to sentence enforcement without detention:
- (k5) Being prosecuted, indicted, tried, or subjected to sentence enforcement without being held in custody, temporary detention, or serving a prison sentence — and later being determined to have been wronged, or the investigation period expiring without proof of the crime.
Group 5 — Multiple crimes or multiple judgments: compensation only for the excess time:
- (k6) Being prosecuted for multiple crimes in the same case, having served a prison sentence, and later being determined not to have committed one or more crimes, where the combined sentence for the remaining crimes is less than the time already detained or served — compensation for the excess time;
- (k7) Being sentenced to death for multiple crimes but not yet executed, later being determined not to have committed the crime carrying the death sentence, where the combined sentence for the remaining crimes is less than the time already detained — compensation for the excess;
- (k8) Being tried under multiple judgments with combined sentences, later being determined not to have committed one or more crimes, where the sentence for the remaining crimes is less than the time already detained or served — compensation for the excess.
Group 6 — Wronged commercial legal entity:
- (k9) A commercial legal entity that was prosecuted, indicted, tried, or subjected to sentence enforcement — and later determined to have had no criminal incident, the act not constituting a crime, or the investigation period expiring without proof, where the entity did not commit any act in violation of the law.
Note: In addition to the nine cases above, Clause 10 of Article 18 covers an extended property case: individuals or organizations whose property was damaged due to seizure, detention, distraint, confiscation, or freezing of assets related to Clauses 1–9.
Conditions for compensation for wrongful prosecution
Under Article 7 of the Law on State Compensation Liability, compensation liability is established when three grounds are met:
- There is a document determining the unlawful act of the public-duty performer and a corresponding compensation claim;
- There is actual damage within the scope of the State’s compensation liability;
- There is a causal relationship between the actual damage and the unlawful act.
This means: being acquitted does not automatically entitle a person to compensation — the claimant must have a document serving as the basis for the compensation claim as prescribed. Note also: if the damaged person is partly at fault, the State only compensates the damage after deducting the portion corresponding to that fault (Clause 5, Article 4). Being wronged does not mean 100% compensation in every case.
Another important condition: a person who was released but committed another act in violation of the law (even if it did not constitute the prosecuted crime) falls outside the compensation scope — the law requires “not committing any act in violation of the law.”
Who may claim compensation on behalf of the wronged person?
Article 5 of the Law on State Compensation Liability provides that the following persons have the right to claim compensation:
- The damaged person;
- The heir of the damaged person if the damaged person has died; the succeeding organization if the damaged organization has ceased to exist;
- The legal representative of the damaged person;
- Individuals or legal entities authorized by the person entitled to claim compensation.
The compensation-settling agency is the agency directly managing the public-duty performer who caused the damage — depending on the procedural stage, this may be the investigation agency, the People’s Procuracy, or the Court. The compensating subject is the State (through the compensation-settling agency), not the individual investigator, prosecutor, or judge.
How long is the limitation period for claiming compensation?
Under Clause 1 of Article 6, the limitation period for claiming compensation is 03 years from the date the person entitled to claim compensation receives the document serving as the basis for the compensation claim — not from the date of release or the date of the judgment. This is the most commonly misunderstood point. (Except for cases under Article 52 and claims for restoration of honor.)
How is the compensation amount calculated?
Compensation covers material damage and mental loss, determined under the law’s provisions on compensable damage (including Article 27 on mental loss). Claimants should refer to Consolidated Document 98/VBHN-VPQH (2025) to identify all compensable damage items applicable to their specific case.
Procedures for claiming compensation for wrongful prosecution
Basically, the person entitled to claim compensation prepares a dossier including the document serving as the basis for the claim (the document determining the unlawful act of the public-duty performer), evidence of actual damage and the causal relationship, and submits it to the compensation-settling agency — the agency directly managing the public-duty performer who caused the damage. The parties negotiate the compensation; if no agreement is reached, the matter is resolved through procedural proceedings. Details on the dossier and process are guided by Decree 68/2018/ND-CP (still in effect; a draft replacement decree exists but has not been issued).
Changes from 01/3/2027 under Law 15/2026/QH16
Important note on effectiveness: Law No. 15/2026/QH16 (passed on 23/8/2026, amending 36 articles and repealing 2 of 78 articles of the Law on State Compensation Liability) is not yet in effect — it takes effect from 01/3/2027. Its provisions must not be cited as current law.
From 01/3/2027, a compensation claimant may choose: to request the agency directly managing the public-duty performer to settle the claim; to sue and ask the Court to settle it under civil procedure; or to make a combined compensation claim during the Court’s settlement of the criminal case. In addition, Point c, Clause 2 of Article 7 (on grounds for determining compensation liability) is also amended by Law 15/2026 — applicable only from 01/3/2027.
Conclusion
The current law (Law 10/2017/QH14, Consolidated Document 98/2025) provides nine cases of wrongful prosecution in criminal proceedings eligible for State compensation, with a 03-year limitation period counted from receipt of the basis document. Wronged persons should note: a document determining the unlawful act is required as the basis, actual damage and the causal relationship must be proven, and current provisions must be clearly distinguished from new provisions effective only from 01/3/2027.
This information is for reference only and does not constitute legal advice.