Vietnam Civil Code has regulations on compensation for damage in a number of specific cases. Let’s find out this issue with Lawyer X through the following situation: “Dear Lawyer! I want to ask how shall a person compensate for damage in a number of specific cases in Vietnam? What are responsibilities that he/she shall bear? Thanks for answering me!”
Legal grounds
- 2015 Vietnam Civil Code
Compensation for damage by persons exceeding limits of reasonable self-defense
A person causing damage while acting in reasonable self-defense shall not be liable to compensate any aggrieved person.
A person causing damage while not acting in reasonable self-defense must compensate any aggrieved person.
Compensation for damage by persons exceeding requirements of emergency situation
A person causing damage as a result of exceeding the requirements of an emergency situation must compensate any aggrieved person for that part of the damage which resulted from exceeding the requirements of an emergency situation.
A person creating an emergency situation which leads to damage being caused must compensate any aggrieved person.
Compensation for damage caused by persons using stimulants
– A person who, due to the consumption of alcohol or the use of other stimulants, becomes incapable of being aware of or controlling his or her acts, thereby causing damage to another person, must compensate such person.
– A person who intentionally causes another person to take alcohol or stimulants, thereby causing such person to become incapable of being aware of or controlling his or her acts, must compensate any person aggrieved thereby.
Compensation for damage caused by persons belonging to juridical persons
A juridical person must compensate for any damage caused by any person belonging to the juridical person during the performance of duties assigned by it to such person. If a juridical person has compensated for any damage, it has the right to demand the person at fault for causing the damage to reimburse it an amount of money in accordance with law.
Compensation for damage caused by law enforcers
The State must compensate for damage caused by law enforcers as prescribed in the Law on compensation liability of the State.
Compensation for damage caused by persons under fifteen years of age or persons having lost capacity for civil acts and under direct supervision of school, hospital or other organization
– Where a person under fifteen years of age causes damage during school hours, the school must compensate for the damage.
– If a legally incapacitated person causes damage to another person while under the direct supervision of a hospital or another juridical person, such hospital or the juridical person must compensate for the damage.
– If, in the cases provided in Clauses 1 and 2 of Article 599, the school, hospital or another juridical person proves that it was not at fault with respect to supervision, the parents or guardian of the person under fifteen years of age or of the legally incapacitated person must compensate.
Compensation for damage caused workers and trainees
A natural person or juridical person must compensate for any damage caused by any worker or trainee belonging to it during the performance by the employee or trainee of his or her assigned duties. The natural person or juridical person has the right to demand such worker or trainee reimburse it an amount of money in accordance with law.
Compensation for damage caused by sources of extreme danger
– Sources of extreme danger comprise motorized means of transport, power transmission systems, operating industrial plants, weapons, explosives, inflammable substances, toxic substances, radioactive substances, dangerous animals and other sources of extreme danger as provided by law.
An owner of a source of extreme danger must comply strictly with the regulations on taking care of, preserving, transporting and using sources of extreme danger in accordance with law.
– An owner of a source of extreme danger must compensate for damage caused by such source. If the owner has transferred possession or use of the source of extreme danger to another person, such other person must compensate [for the damage], unless otherwise agreed.
– An owner, or person to which an owner has transferred the possession or use, of a source of extreme danger must compensate for damage caused by such source, even where such owner or person is not at fault, except in either of the following cases:
+ The aggrieved person is entirely at fault for intentionally causing the damage;
+ The damage occurred due to an event of force majeure or in an emergency situation, unless otherwise provided by law.
– Where a source of extreme danger is taken into possession or used unlawfully, the person possessing or using [it] unlawfully must compensate for damage.
Where an owner, or a person to which an owner has transferred possession or use, of a source of extreme danger is at fault by allowing the unlawful possession or use of the source of extreme danger, the owner, or the person to which the owner has transferred possession or use, of the source of extreme danger as the case may be must compensate jointly for the damage.
Compensation for damage caused by environmental pollution
Any entity polluting the environment, thereby causing damage, must compensate in accordance with the law, including when the entity polluting the environment was not at fault.
Compensation for damage caused by livestock
– An owner of livestock must compensate for damage caused to another person by such livestock. The possessor or user of livestock must compensate during the period of possession or using, unless otherwise agreed.
– Where a third person is entirely at fault in causing livestock to cause damage to another person, the third person must compensate for the damage. If both the third person and the owner are at fault, both of them must compensate jointly for the damage.
– Where livestock which is possessed or used unlawfully causes damage, the unlawful possessor or user must compensate for the damage. When the owner, possessor or user of livestock is at fault leading the livestock is possessed or used unlawfully thereby causes damage, they must jointly compensate for damage.
– Where livestock which is allowed to roam according to customary practice causes damage, its owner must compensate according to customary practice provided that such compensation does not contravene the law or social morals.
Compensation for damage caused by trees
An owner, a possessor or a person in charge of trees must compensate for damage caused by the trees.
Compensation for damage caused by houses and other construction works or buildings
An owner or a possessor of a house or another construction work, or a person to which the owner has assigned the management or use thereof, must compensate for damage if such house or construction causes damage to another person.
If the executor of the house or construction work is partly fault that such house or construction work causes damage, he/she must jointly compensate for such damage.
Compensation for damage caused by infringement of corpses
– Each natural person or juridical causing damage to a corpse must compensate.
– Damage caused by infringement of a corpse shall include reasonable costs for mitigating and remedying the damage.
– A person causing damage to a corpse must pay an amount of money as provided in Clause 2 of Article 606 together with another amount of money as compensation for mental suffering of the closest relatives in the first line of succession to the deceased. If there are no such relatives, this sum shall be paid to the persons who directly reared the deceased. The amount of compensation for mental suffering shall be as agreed by the parties; if the parties are not able to agree, the maximum sum shall not exceed thirty-month base salary prescribed by the State.
Compensation for damage caused by infringement of graves
– Each natural person or juridical person causing damage to the grave of another must compensate.
– Damage caused by infringement of a grave shall include reasonable costs for mitigating and remedying the damage.
– A person causing damage to a grave must pay an amount of money as provided in Clause 2 of Article 607 together with another amount of money as compensation for mental suffering of the closest relatives in the first line of succession to the deceased. If there are no such relatives, this sum shall be paid to the persons who directly reared the deceased. The amount of compensation for mental suffering shall be as agreed by the parties; if the parties are not able to agree, the maximum sum for each damaged grave shall not exceed ten-month base salary prescribed by the State.
Compensation for damage caused by infringement of consumer interests
A natural person or juridical person carrying out production or business and failing to ensure the quality of goods, thereby causing damage to consumers, must compensate for such damage.
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Frequently asked questions
A person causing damage while acting in reasonable self-defense shall not be liable to compensate any aggrieved person.
A person causing damage as a result of exceeding the requirements of an emergency situation must compensate any aggrieved person for that part of the damage which resulted from exceeding the requirements of an emergency situation.
A person who, due to the consumption of alcohol or the use of other stimulants, becomes incapable of being aware of or controlling his or her acts, thereby causing damage to another person, must compensate such person.
Conclusion: So the above is Compensation for damage in a number of specific cases in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
