Hồ sơ yêu cầu bồi thường theo trách nhiệm bồi thường Nhà nước Việt Nam cần có những giấy tờ gì?

According to the law, individuals and organizations that suffer material damage or mental damage caused by people performing official duties fall within the scope of the State's compensation liability as prescribed in Clause 1 of this Article. Law on State Compensation Liability 2017.

And damage caused by people performing official duties must be compensated according to regulations and determined to be the State's compensation liability. Accordingly, when there is a request for compensation from the state, the requester must prepare documents according to Article 41 Law on State Compensation Liability 2017 include:

1. In case the person who suffers damage directly requests compensation, the compensation request file will be required 

HProfile includes: 

- Compensation request document; 

- Documents as a basis for claiming compensation, except in cases where the person who suffered damage is not sent or cannot have a document as a basis for claiming compensation; 

- Documents proving the identity of the damaged person; 

- Documents and evidence related to the compensation claim (if any). 

2. Where the claimant is the heir or representative of the person who suffered damage 

In addition to the documents specified above (except documents proving the victim's identity), the file must also contain the following documents: 

- Documents proving the identity of the heir or representative of the damaged person; 

- Legal authorization document in case of authorized representation; 

- In case the person who suffered damage dies and has a will, the person claiming compensation must provide a will. In case there is no will, there must be a legal document on inheritance rights. 

3. The written compensation request must have the following main contents: 

- Full name, address, contact phone number (if any) of the claimant; 

- Date, month, year of making the written request for compensation; 

- Damage-causing acts of people performing official duties; 

- The cause-and-effect relationship between the actual damage and the damage-causing behavior of the person performing official duties;

- Damage, calculation and level of compensation claim;

- Request to advance compensation costs (if any);

- Request the compensation agency to collect documents as a basis for the compensation claim but must clearly state the name of the document and the address to collect that document in case the claimant is unable to collect documents. copy as a basis for claiming compensation. 

- Request to restore honor (if any);

- Request restoration of other legitimate rights and interests (if any).

In case the injured person only requests restoration of honor, the written request for compensation does not need to contain the content of the damage, calculation method, level of compensation request and request for advance payment of compensation costs.

4. Compensation claim procedure