Nguyen, Minh Oanh (2015) State liability for compensation in the development of Vietnam: proposals for further reform. PhD thesis, Victoria University.

Abstract

The Law on State Compensation Liability 2009 (SCL) is a turning point in the reform process in Vietnam with its aims of protecting human rights, boosting the development of a state based on the rule of law and a socialist-oriented market economy. This thesis critically examines this legislation and the remedies provided under it relating to wrongful decisions or actions by the executive and judicial branches of government and for specific wrongful enforcement activities. Using mixed methodologies the aims of the study are to consider appropriate reforms to improve the SCL and enhance its implementation. The thesis considers the effectiveness of the SCL and its enforcement. It reviews and analyses theories and policies relating to state liability for wrongful actions. This establishes a platform for the evaluation of the SCL. It critically investigates SCL’s appropriateness. It argues that the SCL has many deficiencies and needs further reform. The thesis reviews and analyses the procedures under and for the enforcement of, the SCL. It points out that the procedures and mechanisms for settlement of compensation claims are complex and inappropriate. The enforcement of the SCL is poor and consideration is given to its improvement. The thesis also compares the Chinese SCL with that of Vietnam. It examines the similarities and differences in order to draw on Chinese experiences which may be relevant to Vietnam’s legal reforms. Finally, the thesis makes recommendations to improve the SCL and its enforcement in order to support the Doi moi (innovation) in Vietnam.

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