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The Original Purpose of Enacting a Separate Law on State Compensation Was Not Achieved

such violations, ensuring that no one is tortured or subjected to corporal punishment. “Vietnamese law on this group of rights is a progressive legal system, meeting international standards and being increasingly improved” [28, p. 25]. The Law on the Rights of Persons with Disabilities stipulates the scope of compensation in criminal proceedings in Article 26 and lists damages to be compensated in Article 47 for damage due to mental loss and Article 51 on the restoration of honor for victims in criminal proceedings, in which those who are caused by the State to cause damage related to the degradation of their dignity will be compensated by the State and publicly apologized. This is consistent with international law related to the human right to life. However, regarding the right to inviolability, the Law on Inviolability of Persons with Disabilities still has some inconsistencies with international law in that there are no provisions related to compensation in cases where people are subjected to torture, brutal torture or inhumane treatment.

- The right to personal liberty, not to be arrested or detained arbitrarily or unlawfully is the most basic human right recognized by humanity in Article 9 of the UDHR "no one shall be arbitrarily arrested, detained or exiled" [27, p.2] and is detailed in Article 9 of the ICCPR 1966. Vietnamese law is consistent with international standards related to this right " except in cases where the deprivation of liberty is justified and in accordance with the procedures prescribed by law " [28, p.31] and requires ensuring that such arrest must be notified. The Law on Criminal Procedure guarantees the right to compensation for damages and restoration of honor and rights of the wronged person if he is detained, imprisoned, prosecuted, indicted, or tried according to the provisions of Article 26 on the scope of compensation in criminal proceedings. The person who is wrongly convicted will be compensated for damages according to the provisions of the law on compensation for damages and the competent authority causing the wrongful conviction must compensate for damages and restore the honor and dignity of that person. In addition, the person who caused the damage with intentional fault will have to pay back to the State an amount of money corresponding to the fault.

and the damage that person causes. Thus, this provision of the Law on TNBTCNN is consistent with international law regarding personal freedom, freedom from arbitrary arrest and detention, and against the law of humans.

- The right to work, not to be subjected to forced or compulsory labor, as stipulated in Article 8 of the ICCPR on freedom from slavery, is one of the fundamental rights to freedom and human dignity. Vietnamese law has also recognized and guaranteed the above rights of citizens. In the Law on State-Related Assault and Detention, the scope of State-Related Assault and Detention in administrative management activities also stipulates the case where the State compensates if there is an illegal act when "applying administrative measures to send people to reform schools, educational facilities or medical facilities" [44, p.5] . This provision is completely consistent with the general goal of international law regarding this group of rights that must be maximally protected and respected by all states and nations.

- The right to inviolability of residence and confidentiality of correspondence is stipulated in Article 17 of the ICCPR, which affirms that “no one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, or to unlawful attacks on his honor and reputation” [54, p.508]. Vietnamese law not only recognizes and shows respect for this group of rights but also proposes measures to protect it. The Law on State Compensation for Civil Judgments stipulates cases where the State compensates in civil judgment enforcement activities in cases where civil servants commit illegal acts in “applying measures to ensure enforcement and coercive enforcement of judgments” [44, p.18] causing damage to citizens according to Article 38 on the scope of State Compensation for Civil Judgments for Civil Judgments. It can be seen that this provision is also consistent with international law related to this group of rights.

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In short, Vietnam is a member of international treaties, therefore, there are

The obligation to fully implement the minimum international human rights standards and internalize them into the Constitution and specialized laws. The Law on PNTB in particular is basically consistent with the provisions of international conventions on human rights in general and the 1966 International Convention on Civil and Political Rights in particular. As an important legal tool in protecting the interests of the State and the legitimate rights and interests of citizens, the Law on PNTB has actively contributed to ensuring human rights. This legal regime on PNTB is also being gradually improved to ensure that it is consistent with the development conditions of the country.

The Original Purpose of Enacting a Separate Law on State Compensation Was Not Achieved

Chapter 3

PROTECTION AND PROMOTION SOLUTIONS

HUMAN RIGHTS IN THE LAW ON STATE COMPENSATION LIABILITY IN VIETNAM


It can be seen that, up to this point, our Party and State have gradually built and perfected the most effective mechanism ever on State compensation. From the time when there was no separate law until the time when there was a separate law with relatively complete documents guiding its implementation, the purpose was to maximally protect human rights in civil and political matters, the right to fairness before the law, the right to self-protect one's own interests in terms of property and spirit before the State. At the same time, it demonstrated the purpose of promoting democracy and the self-responsibility of the State towards the people in the rule of law State along with protecting the rights and interests of the State. To see, BTNN is a phrase that is no longer unfamiliar to both sides, one side is the cadres and civil servants performing State duties who are capable of causing damage and injustice to the people; the other side is the individuals and organizations that are capable of being damaged by illegal acts of State officers. The Law on State Compensation for Accidents and Injuries has been affirmed to have truly come into life after 4 years of implementation. The results and achievements that have been achieved include the State's efforts in promulgating a mechanism on state compensation that is increasingly more complete, more suitable to the socio-economic level, more suitable to the general trend of the world, more suitable to the newly amended and supplemented legal documents and suitable to the institution of a rule-of-law state of the people, by the people and for the people. At the same time, the spirit of openness and responsibility of state agencies before the people is increasingly reflected in the results, data on cases of compensation and the amount of compensation, at the same time, the fact that state agencies

Strictly educating and deterring civil servants from violating the law through data and refunds has shown an increasingly stable, sustainable and professional State apparatus. For the people, the increasing number of compensation requests, the increasing number of cases resolved with large compensation amounts through compensation settlement procedures at the responsible compensation agency has demonstrated the people's trust in the State, demonstrating that the people's awareness and understanding of the law in general and the law on compensation in particular are increasingly improved, helping people to protect their own rights and interests against illegal acts of a part of public servants, before State agencies and before the law.

In addition, although the promulgation of the Law on Compensation for Civil Liability has demonstrated its superiority over previous legal documents , in particular, the Law on Compensation for Civil Liability has basically realized one of the important goals of "establishing a new, synchronous, and effective legal mechanism for victims to better exercise their right to compensation for damages caused by illegal acts of public servants " [9, p.3]. However, in reality, up to now, victims still face difficulties in exercising their right to claim. These difficulties stem not only from the practical implementation but also from some provisions of the Law that are limited and not suitable to reality. In addition, people still have a mentality of being afraid of colliding with authorities and swallowing their grievances. It can be said that the situation of compensation requests and compensation settlement does not accurately reflect the nature of the problem.

Based on that reality, the current stage requires the gradual improvement of the law and the creation of a more favorable mechanism for people to request compensation from the State for damages caused, and for State agencies to implement compensation settlement. To propose solutions

To overcome the limitations and shortcomings of the law as well as the application of those regulations in practice, it is necessary to understand whether the promulgation of a separate law on BTNN has achieved the purpose set forth by the Party and the State. Thereby, the amendment to perfect this mechanism must be consistent with the viewpoints and policies of our Party and State in each specific period.

3.1. The original purpose of promulgating a separate law on state compensation was not achieved.

Initially, as mentioned in Chapter I, the Law on Compensation for Damages caused by Civil Servants was promulgated with three major objectives: to unify the law on compensation for damages caused by civil servants, to overcome the current situation of two legal bases on compensation for damages in administrative activities and criminal proceedings; to create a new, synchronous and effective legal mechanism for victims to better exercise their right to compensation for damages caused by illegal acts of civil servants; for the State to better fulfill its responsibilities to citizens in the context of building a socialist rule-of-law state of the people, by the people, for the people; and to clearly define the Compensation for Damages caused by civil servants, to facilitate victims in exercising their right to request compensation, and to contribute to enhancing the responsibility of state agencies and civil servants in the performance of their duties.

However, after 4 years of implementing the Law on Compensation for Infringement of Natural Resources and Environment, "some provisions of the Law have revealed limitations and inadequacies compared to the requirements of reality and lack of consistency and synchronization with the current legal system" [24, p.2]. This leads to the failure to achieve the desired goals of the Party and State for this law, specifically: the legal mechanism is not really unified and synchronous, the effectiveness is not high; the victims have not been given favorable conditions when exercising their right to claim compensation for

damage caused by illegal acts of public servants. In addition, the regulations on the level of compensation for public servants who commit illegal acts are not high and not deterrent enough, leading to the failure to truly enhance the responsibility of state agencies and civil servants in the performance of their duties. Therefore, the issue at this stage is the need for a mechanism on compensation with full regulations suitable to the actual situation of people's compensation requests and the situation of handling compensation requests by state agencies to replace the compensation mechanism and current regulations in the Law on Compensation for Public Services.

3.2. Viewpoints on solutions to amend and supplement the Law on Natural Disaster Prevention and Control

According to the guiding viewpoints of the Politburo, the implementation and institutionalization of Resolution No. 48-NQ/TW dated May 24, 2005 on the Strategy for building and perfecting the Vietnamese legal system until 2010, with a vision to 2020 is to " Strengthen the legal basis on the responsibilities of state agencies in building, promulgating promptly, synchronously and organizing the implementation of laws and international treaties to which Vietnam is a member on human rights and civil rights in the civil, political, economic, cultural and social fields " [5, p.4]. Students realize that the proposal of solutions to perfect the State compensation mechanism according to the provisions of the Law on Compensation for Civil Judgments and the guiding documents for implementation must closely follow this policy and guideline of the Politburo, to be consistent with the political situation of our country in the current period. Continue to implement administrative reform and judicial reform policies in accordance with the economic situation.

- society of the country. This is extremely necessary, because a State compensation mechanism that maximally protects human rights and civil rights of a country, meets the needs and aspirations of the people but goes against the country's policies and guidelines, is not appropriate.

Besides, the focus of the solution to amend and supplement the Law needs to be linked

closely with the institutionalization of new provisions of the 2013 Constitution related to a number of provisions on the rights and obligations of citizens, in accordance with the spirit and aspirations of the entire nation in this new Constitution. At the same time, ensure the consistency and synchronization of the Law on Civil Judgment Enforcement with other relevant legal documents and compliance with international treaties to which Vietnam is a member.

A core issue when proposing solutions to perfect the Law on Compensation for Damages and Losses cannot fail to mention the fundamental issue of the need to effectively promote the provisions of the current Law on Compensation for Damages and Losses and its implementing guidelines, thereby providing more specific regulations on unclear and unspecific contents; supplementing new regulations to regulate new issues arising in practice regarding state compensation; providing more reasonable and strict regulations on the order and procedures for handling compensation requests as well as the agency responsible for compensation to respond to the right to compensation of the damaged person in the best way; regulating the scope of adjustment in a direction that is more suitable to socio-economic conditions as well as to the reality of current damages in order to build a legal framework with high legal value and relatively consistent for state compensation work.

3.3. Some solutions to ensure the effective protection and promotion of human rights in the law on State compensation liability in Vietnam

3.3.1. Solutions to perfect institutions

Besides the positive aspects that can be easily seen, the Law on Natural Disaster Prevention and Control has also revealed limitations and inadequacies, causing difficulties for State agencies, and especially, limiting human rights to protect their interests in requesting State compensation in aspects such as: the scope of regulation does not cover actual damages arising from illegal acts of

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