From March 1, 2027, compensation claimants may receive an advance of at least 75% of damages

This is one of the changes most directly affecting the interests of compensation claimants under the 2026 Law Amending and Supplementing a Number of Articles of the Law on State Compensation Liability, No. 15/2026/QH16.

Specifically, according to Article 44 as amended under Clause 13, Article 1 of the 2026 Law Amending and Supplementing a Number of Articles of the Law on State Compensation Liability, No. 15/2026/QH16:

1. At the request of a compensation claimant, the agency directly managing the damage-causing official duty performer shall advance a fund for payment of compensation for the following types of damage:

a/ Damage due to mental suffering specified in Clauses 1, 2, 3, 4 and 6, Article 27 of this Law;

b/ Other damage which can be immediately calculated without verification.

2. The head of the agency directly managing the damage-causing official duty performer shall decide on the compensation amount to be advanced to the compensation claimant, which must not be lower than 75% of the value of the damage specified in Clause 1 of this Article.

Accordingly, at the request of a compensation claimant, the agency directly managing the damage-causing official duty performer shall advance a fund for payment of compensation for two groups of damage.

The first group includes damage due to mental suffering specified in Clauses 1, 2, 3, 4 and 6, Article 27 of the Law on State Compensation Liability. Specifically, this includes damage due to mental suffering in the following cases:

• Being subject to the administrative measure of education in a commune, ward or township;
• Being held in custody according to administrative procedures;
• Being consigned to a reformatory, compulsory education establishment or compulsory detoxification establishment;
• Being held in case of emergency, arrested, held in custody, detained or serving an imprisonment sentence illegally;
• The damage sufferer dies;
• A civil servant is illegally forced to resign.

The head of the agency directly managing the official who caused the damage shall decide the compensation amount to be advanced. Such amount must not be lower than 75% of the value of the above-mentioned damage.

Meanwhile, Clause 4, Article 44 of the 2017 Law on State Compensation Liability provides that the advanced compensation amount shall be decided by the head of the compensation-settling agency but must not be lower than 50% of the value of the damage. The 2017 Law also specifies in detail the use of the administrative management cost estimate or the request for a competent finance agency to allocate an advance fund.