Thông tư liên tịch 01/2012/TTLT-TANDTC-VKSNDTC-BTP

JOINT CIRCULAR

GUIDING RESPONSIBILITY TO PAY COMPENSATION OF THE STATE IN CIVIL AND ADMINISTRATIVE PROCEEDINGS

Pursuant to the Law on State Compensation Liability, which was passed on June 18^th 2009, by the 12^th National Assembly of the Socialist Republic of Vietnam in the 5^th session;

The Supreme People's Court, the Supreme People's Procuracy and the Ministry of Justice guide the responsibility to pay compensation of the State in civil and administrative proceedings as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Joint Circular guides the implementation of some regulations of the Law on State’s responsibility to pay compensation (hereinafter referred to as the Law) on the State's liability to pay compensations to the persons that suffer from material damage or mental injuries caused by illegal acts committed by the persons that conduct proceedings (hereinafter referred to as conductors) when conducting civil or administrative proceedings.

Article 2. The cases in which the court must pay compensation

In civil or administrative proceedings, the court shall pay compensation in the following cases:

1. The interim urgent measures are taken in civil or administrative proceedings (in the cases specified in Clauses 1, 2 and 3 Article 28 of the Law)

a/ The interim urgent measures are taken in civil proceedings

a.1/ The conductors have issued a decision on the implementation of interim urgent measures in the cases not being specified in Clauses 1, 2, 3, 4 and 5 Article 102 of Civil Procedure Code No. 24/2004/QH11 dated June 15^th 2004, amended and supplemented in the Law No. 65/2011/QH12 dated March 29^th 2011, amending and supplementing a number of articles of the Civil Procedure Code (hereinafter referred to as the Code).

Example: In a civil case, the plaintiff does not request the court to take an interim urgent measure as prescribed in Clause 9 Article 102 and Article 111 of the Code applicable to the permission for the sale of goods being frozen foods in dispute which is in the possession of the defendant, but the court decides to take an interim urgent measure for compelling the defendant to immediate sell them on the market. Later, the litigant requests the court to cancel the implementation of such measure, and a competent court makes a decision on calcelling the implementation of the interim urgent measure. In this case, if the litigant claims compensation and suffers from damage caused by the implementation of the interim urgent measure decided by the court, the court shall consider and pay compensation to the damage sufferer.

a.2/ The conductors have issued a decision on the implementation of interim urgent measures in on of the cases specified in Clauses 1, 2, 3, 4 and 5, Article 102 of the Code, but fail to satisfy all the conditions specified in Articles 103, 104, 105, 106 and 107 of the Code and the Section 3 of Resolution No. 02/2005/NQ-HDTP dated April 27^th 2005, of the Judges' Council of the Supreme People's Court, guiding the implementation of some regulations in Chapter VIII - Interim urgent measures - of the Civil Procedure Code .

a.3/ The conductors have issued a decision on the implementation of interim urgent measures other than the interim urgent measures requested by organizations and individuals.

Example: In a civil case, the plaintiff requests the court to take an interim urgent measure as prescribed in Clause 8, Article 102 and Article 110 of the Code applicable to the preservation of the status quo of property in dispute, but the court takes interim urgent measures for distraining property as prescribed in Clause 6, Article 102 and Article 108 of the Code. The litigant requests the cancellation of the decision on the implementation of the interim urgent measures made by the court, and a competent court makes a decision on terminating the implementation of interim urgent measures. In this case, if the litigant claim compensation, and suffers from actual damage caused by the implementation of interim urgent measures decided by the court, the court shall consider and pay compensation to the damage sufferer.

a.4/ The conductors have issued a decision on the implementation of interim urgent measures beyond the request made by organizations and individuals.

Example: Company A requests the court to take interim urgent measures as prescribed in Clause 10, Article 102 and Article 112 of the Code to block an account of 500 million VND of company B at bank Z. However, the court makes a decision on the taking interim urgent measures for freezing the whole account of 10 billion VND of company B at bank Z. Company B then makes a complaint against the decision on taking interim urgent measures, and a competent court makes a decision on canceling the decision on taking interim urgent measures.

In this case, if the damage sufferer claims compensation and suffers from actual damage caused by the implementation of the interim urgent measures decided by the court beyond the request of the requester, the court shall consider and pay compensation to the damage sufferer.

b/ Interim urgent measures are taken in administrative proceedings

b.1/ The conductor has made a decision on taking interim urgent measures without written requests.

b.2/ The conductor has taken interim urgent measures other than those requested by litigants.

For example: The People's Committee of province N issues certificate of right to use 1,000 hectares of land to enterprise A for building a new urban area. While enterprise A is building the urban area, the residents living around the construction site file administrative lawsuit against the decision made by the People's Committee of province N' on issuing the land use right certificate to enterprise A, presuming that this decision was unlawful and the compensation for ground clearance is not satisfactory. In addition to the lawsuit, the residents request the court to take interim urgent measures for compelling enterprise A to stop building the urban sections adjacent to their residence. However, the court makes a decision on taking interim urgent measures for compelling the enterprise A to suspend the construction of the whole urban area. Enterprise A the makes request the court to cancel the implementation of such measures. In this case, if enterprise A claims compensation and suffers from actual damage caused by the implementation of the measures decided by the court, the court shall consider and pay compensation to the damage sufferer.

2. The judgment or decision is made in the knowledge that it is unlawful, or the case file is deliberately falsified (prescribed in Clause 4 Article 28 of the Law), and the following conditions are both met:

a/ The judgment or decision on settlement of a civil case or an administrative case had been annulled according to cassation or reopening procedures;

b/ The documents indicating the illegal acts specified in Clause 2 Article 3 of this Joint Circular are issued.

Article 3. The documents indicating illegal acts committed by conductors

1. A document the illegal acts committed by a conductor that issued a decision on application of a interim urgent measure (in the cases specified in Clause 1, 2 and 3, Article 28 of the Law and guided in Clause 1, Article 2 of this Joint Circular) is the final decision on complaint or petition settlement issued by the president of the competent court or the trial panel under Article 125 of the Code or Article 71 of the Law on Administrative Procedure.

2. A document indicating a the illegal acts committed by a conductor that issued a judgment or decision in the knowledge that it is unlawful, or of deliberately falsifying the case file (as specified in Clause 4, Article 28 of the Law and guided in Clause 2, Article 2 of this Joint Circular) is any of the following documents:

a/ A legally effective criminal court judgment or decision indicating the conductor has committed a crime being making an unlawful judgment, or making an unlawful decision, or falsifying the case file.

b/ An investigation agency's decision on investigation the cessation prescribed in Point a, Clause 2, Article 164 of the Criminal Procedure Code, a procuracy's decision on the cessation of the case prescribed in Clause 1, Article 169 of the Criminal Procedure Code, a court's decision on the cessation of the case under Article 180 of the Criminal Procedure Code for the reason that the conductor, who has made a judgment or decision in the knowledge that it is unlawful, or deliberately falsified the case file, is exempt from criminal liability prescribed in  Article 25 of the Criminal Code.

c/ A court president's decision on the settlement of complaint or conclusion on denunciation contents determining that the conductor has committed the act of issuing a judgment or decision in the knowledge that it is unlawful, or of deliberately falsifying the case file in this conductor is not prosecuted, or he/she dies during the investigation, prosecution, or trial.

d/ A decision on disciplining the conductor who issued a judgment or decision in the knowledge that it is unlawful, or of deliberately falsifying the case file in case he/she is not liable to criminal liability for such act.

Article 4. Procedures for issuing documents indicating illegal acts committed by conductors as prescribed in Point c. Clause 2, Article 3 of this Joint Circular

1. In case a damage sufferer claims that he/ she suffers from damage caused by a conductor's act of issuing a judgment or decision in the knowledge that it is unlawful, or of deliberately falsifying the case file, but such conductor is not prosecuted, or he/she dies during the investigation, prosecution, or trial for such act, the damage sufferer may send a complaint or denunciation with the court president in charge of that conductor.

2. Within 10 days from the date on which the complaint or denunciation is received, if the court president in charge of the conductor finds that the complaint or denunciation is grounded, he/she shall issue a decision on establishing an advisory council with at least 3 members to assist him/ her in examining the conductor's complained act of issuing a judgment or decision in the knowledge that it is unlawful, or of deliberately falsifying the case file.

The to form advisory councils shall be made in accordance with the form No 1 enclosed with this Joint Circular.

Advisory council members must fully satisfy the conditions guided in Points b and c, Clause 2, Article 12 of this Joint Circular.

3. An advisory council shall consider and determine whether a conductor has committed the complained act of issuing a judgment or decision in the knowledge that it is unlawful, or of deliberately falsifying the case file. Opinions of the advisory council may be recorded in writing and certified with the signatures of all council members. In case council members hold divergent opinions, the written report to be sent to the court president must contain opinion(s) of each member.

4. Based on the report of the advisory council, within 30 days after issuing the decision to form the advisory council, the court president shall consider issuing a decision on complaint settlement or conclusion on denunciation contents, determining whether a conductor has committed the complained act of issuing a judgment or decision in the knowledge that it is unlawful, or of deliberately falsifying the case file.

Court presidents shall issue decisions on complaint settlement or conclusion on denunciation contents according to the form No 03 enclosed with this Joint Circular. These decisions must be promptly sent to complaint makers and complained conductors.

5. Within 15 days after receiving a decision on complaint settlement or conclusion on denunciation contents of a district- or provincial court president, a complaint maker and complained conductor may file a complaint with the court president directly superior to the court president who has issued such decision. Within 15 days after receiving a complaint of the complaint maker or complained conductor, the immediate superior court president shall issue a complaint settlement decision as the final decision and send it to the complaint maker or complained conductor and the court that issued the decision on complaint settlement.

For decisions on complaint settlement or conclusion on denunciation contents of the Supreme People's Court President for complaints or denunciations about its conductors' acts of issuing judgments or decisions in the knowledge that they are unlawful, or of deliberately falsifying case files, decisions on complaint settlement or conclusion on denunciation contents of the Supreme People's Court President are final.

Article 5. Statute of limitations for claiming compensation

1. The statute of limitations for making a compensation claim in the cases specified in Clauses 1, 2 and 3, Article 28 of the Law is 2 years after a competent court president or trial panel issues a document indicating an illegal act of a conductor specified in Clause 1, Article 3 of this Joint Circular.

2. The statute of limitations for making a compensation claim in the case specified in Clause 4, Article 28 of the Law is 2 years after a document indicating an illegal act specified in Clause 2, Article 3 of this Joint Circular is issued.

In case a document indicating an illegal act is a criminal judgment or decision of a competent court determining that a conductor has committed a crime of issuing a judgment or decision in the knowledge that it is unlawful, or of deliberately falsified the case file, the statute of limitations for making a compensation claim is 2 years after such criminal judgment or decision becomes legally effective.

Article 6. Responsibility to make reports on compensation settlement

1. After settling compensation for damage caused by an illegal act committed by a conductor in each case, a court liable to pay compensations in civil or administrative proceedings shall send the decision on compensation payment and report to its immediate superior court and the Supreme People's Court on the following contents to serve the state management of compensations:

a/ The reception of the compensation claim;

b/ The issuance of the decision on compensation payment;

c/ The damage sufferer’s filing a lawsuit to request the court to settle a dispute over the state compensation;

d/ The procedure for compensation payment;

e/ The fulfillment of the reimbursement liability of the conductor.

The report must be enclosed with copies of documents relevant to the compensation payment.

2. After settling a dispute over state compensation in civil or administrative proceedings, the dispute-settling court shall send the legally effective judgment or decision to its immediate superior court and the Supreme People's Court to serve the state management of compensations in civil and administrative proceedings.

2. Every six months and every year, people's courts of provinces and centrally run cities shall summarize and report on payment of compensations in civil and administrative proceedings of courts at all levels in their localities to the Supreme People's Court.

Chapter II

DETERMINATION OF COMPENSABLE DAMAGE

Article 7. Damage caused by property infringement

1. The damage caused by property infringement will be determined in accordance with Article 45 of the Law. For infringed property being land use rights, houses, constructions or other property attached to land, compensable damage shall be determined in accordance with Article 45 of the Law and relevant regulations.

2. The duration for calculation of interests on the amount of money specified in Clause 4, Article 45 of the Law is counted from the date such amounts are remitted into the state budget under decisions of competent state agencies, confiscated, kept for judgment enforcement or deposited as security at competent agencies (distraining property in dispute, freezing of accounts,...) to the date of issuance of decisions on compensation payment by courts liable to pay compensations or judgments or decisions of courts settling disputes over state compensations.

Article 8. Damage due to loss of or decrease in actual incomes

1. Damage due to loss of or decrease in actual incomes of individuals

Actual incomes of individuals specified in Article 46 of the Law shall be determined as follows:

In case a damage sufferer earns stable incomes from state payroll salary or wage under a labor contract before the damage occurs, his/her actual incomes must be determined based on his/her salary or wage amount of the month preceding the month when the damage occurs.

In case a damage sufferer has a job and earns unstable incomes before the damage occurs, his/her actual incomes shall be determined based on his/her average income level in 3 consecutive months prior to the month when the damage occurs.

In case a damage sufferer, who is a farmer, fisherman, salt maker, forester, employee, small trader, craftsman or laborer in another sector, earns seasonal or unstable incomes, his/her actual incomes shall be determined based on the average income level of local laborers in the same sector. If it is impossible to determine such an average income level, his/her actual incomes shall be determined based on the minimum salary level applicable to state agencies at the time of compensation payment.

2. Damage due to loss of or decrease in actual incomes of organizations

Damage due to loss of or decrease in actual incomes of an organization specified in Article 46 of the Law shall be determined based on the average income level of 2 consecutive years prior to the time the damage occurs and according to lawful financial statements of such organization. If having no financial statement, the organization may evidence its lost or decreased incomes with other lawful documents or evidences prescribed by relevant laws.

Actual incomes of organizations which have operated for 2 years or under by the time the damage occurs shall be determined based on an average income earned during the period of its actual operation.

Chapter III

PROCEDURES FOR SETTLING COMPENSATION

Article 9. The entitlement to claim compensation

Damage sufferers may request courts to pay compensation when having documents indicating illegal acts committed by conductors specified in Article 3 of this Joint Circular.

Article 10. Compensation claim dossiers

1. A compensation claim dossier comprises:

a/ A written claim for compensation, made according to the form No. 04a or 04b enclosed with this Joint Circular;

b/ Enclosed documents and evidences, including:

b.l/ The compensation claim in the cases specified in Clauses 1, 2 and 3, Article 28 of the Law, must contain one of the documents specified in Clause 1, Article 3 of this Joint Circular.

b.2/ For compensation claims in the case specified in Clause 4, Article 28 of the Law, a compensation claim dossier must contain one of the documents specified in Clause 2, Article 3 of this Joint Circular or a decision on trial of the case according to cassation or reopening procedures, annulling the illegal judgment or decision issued by the conductor.

b.3/ Documents and evidences relevant to the compensation claim, such as documentary evidences of incomes or damage.

2. In case the claimant fails to immediately submit all documents and evidences specified at Point b, Clause 2 of this Article for an objective reason, he/she may additionally submit them at the request of the court in the course of settlement of his/her claim.

In case the claimant has taken all necessary measures but remains unable to gather documents and evidences for the satisfactory settlement of his/her compensation claim, he/ she may request in writing the court to do so.

Article 11. Sending and receiving of compensation claims

1. A compensation claimant shall send one compensation claim dossier set to the court liable to pay compensation by either of the following methods:

a/ Submission directly at the court;

b/ Sending to the court by post.

2. When receiving a compensation claim dossier, the court shall examine and determine the validity of the claim and enclosed documents and evidences; in case the dossier is incomplete, the court shall notify such in writing to the claimant for modification and supplementation within 15 days after being notified by the court.

3. Within 5 working days after receiving a compensation claim and valid enclosed documents and evidences, if seeing that this compensation claim falls under its settling competence, the dossier-receiving court shall accept the dossier and send a notice of acceptance, made according to a the form No. 05 enclosed with this Joint Circular, to the claimant and the conductor who has committed the damage-causing illegal act.

In case the court receives a compensation claim but sees that this claim falls beyond its settling competence, it shall send a notice thereof, made according to the from No. 06 enclosed with this Joint Circular, together with the compensation claim dossier, to the claimant, guiding the latter to send the claim to a court competent to settle it.

Article 12. Appointing persons to settle compensation claims

1. Right after accepting a compensation claim, the president of a court liable to pay compensation shall issue a decision, made according to the form No. 07 enclosed with this Joint Circular, to appoint a representative to settle the compensation claim (hereinafter referred to as the representative).

In case the court president is the conductor who has caused the damage or a relative of this person or the damage sufferer, the collective leadership of the court shall discuss and reach agreement on appointment of a representative to settle the compensation claim.

A relative of a conductor or damage sufferer is his/her spouse, grand parent, real or adoptive parent, real or adopted child, sibling, grandchild, son or daughter in law, sworn brother or sister, or a person related by marriage, in a working or economic relationship with him/her, with clear evidences that there is an intimate relationship between them.

2. A representative must fully satisfy the following conditions:

a/ For a district-level court, its representative may be its president or vice president; for a provincial court, its representative may be a divisional or higher-level leader; for the Supreme People's Court, its representative may be a departmental or higher-level leader;

b/ Having working experience in the sector or field in which the compensation liability arises;

c/ Being not a relative of the conductor who has caused the damage, or of the damage sufferer.

3. In case there is no representative fully satisfying the conditions specified at Point a. Clause 2 of this Article, a court liable to pay compensation shall appoint a judge as its representative to settle compensation claims.

Article 13. Damage verification

1. Within 5 working days from the date on which the compensation claim is received, a representative shall organize the verification of the damage. The time limit for verification of the damage is 20 days after the compensation claim is accepted. For a damage involving many complicated circumstances or requiring verification at different places, the time limit for verification may be prolonged but must not exceed 40 days from the date of acceptance of the compensation claim.

2. The damage shall be verified in accordance with Article 18 of the Law. In case of necessity to value a property or assess its damage in order to determine the damage, courts liable to pay compensation shall apply the provisions of Articles 90 and 92 of the Code and relevant legal documents. Expenses for such valuation and assessment comply with the Ordinance on Assessment and Valuation Expenses; for the payment for witnesses and interpreters in procedures shall be covered covered by the state budget.

Article 14. Negotiations on compensation

Negotiations on compensation shall comply with Article 19 of the Law. Written records of negotiations on compensation for damage must be made according to a the form No. 08 enclosed with this Circular.

Article 15. Issuance of decisions on compensation settlement

Right after the conclusion of negotiations, the representative shall finalize the draft compensation settlement decision and report it to the president of the court liable to pay compensation.

Based on the results of the damage verification and negotiations with the damage sufferer, and opinions from related agencies (if any), the court liable to pay compensation shall issue a compensation settlement decision as prescribed in Article 20 of the Law according to the form No. 09.

The effect of decisions on compensation settlement is determined under Article 21 of the Law.

Article 16. Delivery of decisions on compensation settlement

1. Decisions on compensation settlement shall be sent to damage sufferers, immediate superior courts of courts liable to pay compensation, the Supreme People's Court and conductors that have committed damage-causing illegal acts.

2. Decisions on compensation settlement must be sent to damage sufferers under Article 10 of the Government's Decree No. 16/2010/ND-CP of March 3, 2010, detailing and guiding the implementation of a number of articles of the Law on State Compensation Liability.

3. Decisions on compensation settlement shall be sent to superior courts of courts liable to pay compensation and the Supreme People's Court, enclosed with reports on compensation settlement specified in Clause 1, Article 6 of this Joint Circular.

Article 17. Initiation of lawsuits to request courts to settle disputes over state compensation

A damage sufferer may file a lawsuit and request a court to settle a dispute over state compensation in the following cases:

1. The damage sufferer disagrees with the decision on compensation settlement made by the court liable to pay compensation as prescribed in Clause 1, Article 20 of the Law.

2. The court liable to pay compensation fails to issue a decision on compensation settlement after the deadline prescribed in Clause 1 Article 22 of the law..

Article 18. Authority to settle disputes over state compensation

1. Courts competent to settle disputes over state compensation are district-level people's courts as specified in Clause 1, Article 23 of the Law.

2. In case district-level people's courts as specified in Clause 1, Article 23 of the Law are those liable to pay compensation, they shall report to their immediate superior people's courts for settling the disputes according to first-instance procedures.

Article 19. Procedures for settling disputes over state compensation

Procedures for settlement of disputes over state compensation at courts comply with the law on civil procedure.

Article 20. Compensation payment

Based on their own legally effective decisions on compensation settlement or legally effective judgments or decisions of courts which have settled disputes over state compen­sation, courts liable to pay compensation shall pay compensations to damage sufferers under Chapter VI of the Law and guiding documents.

Chapter IV

PROCEDURES FOR PERFORMANCE OF THE REIMBURSEMENT LIABILITY OF CONDUCTORS

Article 21. Formation of councils to examine reimbursement liability

1. Within 20 days after completing the payment of compensation, the president of a court liable to pay compensation shall issue a decision to form a council to examine the reimbursement liability (below referred to as council), made according to the form No. 10 enclosed with this Joint Circular.

In case the court president is the conductor who has caused the damage, the collective leadership of the court liable to pay compensation shall discuss and reach agreement on issuance of a decision to form a council.

2. A council is composed of:

a/ A chairman who is the president of the court.

In case the court president is the conductor who has caused the damage or a relative of this person or the damage sufferer, the collective leadership of the court shall discuss and reach agreement on appoint­ment of a vice president as the chairman;

b/ A representative of the trade union organization of the court;

c/ A representative of the organization and personnel section of the agency managing the conductor who has caused the damage;

d/ The person in charge of the financial and accounting works of the court;

e/ Experts in related economic, technical and legal fields.

In case many conductors from different courts have jointly caused the damage, representatives of these courts' leaderships shall join the council.

Relatives of the conductor who has caused the damage and of the damage sufferer may not join the council.

Article 22. Tasks and powers of councils

A council has the following tasks and powers:

1. Consider and assess the level of damage caused to sufferers and the level of fault of each conductor who has caused the damage;

2. Identify economic conditions of each conductor who has caused the damage;

3. Recommend the level of reimburse­ment and method applicable to each damage-causing person to the president of the court liable to pay compensation or the president of the immediate superior court in case the president of the court liable to pay compen­sation is the one who has caused the damage;

4. Dissolve itself upon completion of its tasks.

Article 23. Issuance of reimbursement decisions

1. Within 30 days after the compensation is paid off, the president of the court liable to pay compensation liability shall base himself/herself on recommendations of the council to issue a reimbursement decision according to the form No. 11. In case the court president is the conductor who has caused the damage, the president of the immediate superior court is competent to issue a reimbursement decision.

2. In case the person competent to issue reimbursement decisions has opinions different from recommendations of the council, he/she may decisions based on his/her own opinions and take responsibility before law for such decisions.

Article 24. Collection, remittance, management and use of reimbursed money amounts

1. Persons liable for the reimbursement shall make reimbursements within time limits, at levels and by methods stated in reimbursement decisions.

2. In case there is one of the documents specified at Points a and b, Clause 2, Article 3 of this Joint Circular indicating an illegal act of the conductor, such person is liable to reimburse the whole money amount paid by the State as compensation to the damage sufferer.

3. In case there is one of the documents specified in Clause 1 and at Points c and d, Clause 2, Article 3 of this Joint Circular indicating an illegal act of the conductor, the determination of an amount to be reimbursed by such person complies with Article 57 of the Law and Article 16 of the Government's Decree No. 16/2010/ND-CP of March 3,2010, detailing and guiding the implementation of a number of articles of the Law on State Compensation Liability.

4. Courts liable to pay compensation shall fully and promptly collect and remit all reimbursed money amounts into the state budget under the Law and guiding documents.

Article 25. Handling of conductors who fail to perform the reimbursement liability

1. A person who has been notified of his/ her reimbursement liability thrice by a court liable to pay compensation but fails to perform his/her reimbursement liability shall be disciplined under law.

2. In case a person liable for the reimbursement has been transferred to another agency in the state apparatus, the state agency currently managing him/her shall urge the performance of the reimbursement liability, decide on handling measure(s) under Clause 1 of this Article, and notify such to the court liable to pay compensation and the person who has issued the reimbursement decision.

3. In case persons liable for the reimbursement no longer work in state agencies, agencies liable to pay compensation shall take measures to recover reimbursed money amounts under law.

Article 26. Settlement of the reimbursement liability when courts liable to pay compensation issue reimbursement decisions in case persons liable for the reimbursement die

In case a court liable to pay compensation has issued a reimbursement decision but the person liable for the reimbursement dies, this person's heirs shall perform his/her liability.

In case heirs of a person liable for the reimbursement fail to perform the liability, a court liable to pay compensation shall take measures to recover the reimbursed money amount under law.

Chapter V

REGULATIONS ON THE IMPLEMENTATION

Article 27. Effect

1. This Joint Circular takes effect on November 12^th 2012.

2. From the effective date of this Joint Circular, a court that tries a conductor for his/her act of issuing a judgment or decision in the knowledge that it is unlawful, or of deliberately falsifying the case file shall separately settle the state compensation liability under the Law and guiding documents.

3. From the effective date of this Joint Circular, if there has been a criminal judgment or decision identifying a conductor who had committed the crime being issuing an unlawful judgment or decision or falsifying a case file in which the state compensation liability has been settled in such criminal judgment or decision, the guidance in this Joint Circular shall not be applied to separate the settlement of the state compensation liability. The appeals against criminal judgments and decisions on the settlement of the state compensation liability (if any) must be settled in accordance with the criminal procedures.

Article 28. Organization of implementation

Organizations and individuals are recommended to report the difficulties arising in the course of implementation to the Supreme People's Court for consideration and settlement in cooperation with the Supreme People's Procuracy and the Ministry of Justice./.