Vietnam: How to determine reasonable costs and actual income losses of the carers of the aggrieved person?
- What are the amounts considered as reasonable costs upon compensation for damages caused by harm to health in Vietnam?
- How to determine actual income losses or decreases of the aggrieved person in Vietnam?
- How to determine reasonable costs and actual income losses of the carers of the aggrieved person in Vietnam?
- Are reasonable costs and actual income losses of the carers of the aggrieved person in Vietnam included in compensation for damages caused by harm to health?
What are the amounts considered as reasonable costs upon compensation for damages caused by harm to health in Vietnam?
According to Clause 1, Article 7 of Resolution 02/2022/NQ-HDTP, reasonable costs upon compensation for damages caused by harm to health in Vietnam are reasonable costs for treating, nursing, and rehabilitating health, and functional losses and impairment of the aggrieved person, including:
- Medical examination and treatment expense in accordance with the law on medical examination and treatment for aggrieved persons; expense for leasing vehicles to transport the aggrieved person to the healthcare establishments and return to the place of residence;
- Expense for nursing health of an aggrieved person shall be determined as 01 day of regional minimum wage at the healthcare establishments for 01 day of treatment according to the number of days in the medical record;
- Expense for rehabilitating health and functional losses and impairment of the aggrieved person includes expenses for restoring, supporting, or replacing part of functional losses and impairment of the aggrieved person.
Thus, reasonable costs upon compensation for damages caused by harm to health in Vietnam include the above 03 types of expenses.
How to determine actual income losses or decreases of the aggrieved person in Vietnam?
The determination of actual income losses or decreases of the aggrieved person in Vietnam is guided in Clause 2, Article 7 of Resolution 02/2022/NQ-HDTP as follows:
- In case the aggrieved person has a stable income from salary, actual income losses or decreases shall be determined according to the salary of the aggrieved person during the period when his/her salary is lost or decreased;
- In case the aggrieved person has an unstable income from salary, actual income losses or decreases shall be determined based on the average salary of the 3 consecutive months just before the damage occurs.
+ In case 3 consecutive months just before the damage occurs cannot be determined, actual income losses or decreases shall be determined based on the average income of the same type of employee in the locality during the period when his/her salary is lost or decreased;
+ If the average income of the same type of employee is not determined in the locality, actual income losses or decreases shall be compensated as 01 day of regional minimum wage of the place of residence of the aggrieved person for 01 day of damage.
Thus, upon compensation for actual income losses or decreases of the aggrieved person, the compensation amounts shall be determined as above.
How to determine reasonable costs and actual income losses of the carers of the aggrieved person in Vietnam?
Pursuant to Clause 3, Article 7 of Resolution 02/2022/NQ-HDTP, reasonable costs and actual income losses of the carers of the aggrieved person in Vietnam are calculated as follows:
- For reasonable costs:
+ Reasonable costs include: traveling expenses, house rent at the average price in the locality where the aggrieved person is treated (if any);
+ In case the aggrieved person loses his/her working capacity and must have someone to regularly take care of her/him, the reasonable cost for taking care of the aggrieved person shall be determined as 01 day of regional minimum wage of the place of residence of the aggrieved person for 01 day of caring of;
- Actual income losses of the carers of the aggrieved person are determined similarly to the aggrieved person.
Thus, the carers of the aggrieved person will receive the above compensation for reasonable costs and actual income losses during the treatment of the aggrieved person.
Are reasonable costs and actual income losses of the carers of the aggrieved person in Vietnam included in compensation for damages caused by harm to health?
Pursuant to Clause 1, Article 590 of the Civil Code 2015 on damage caused by harm to health as follows:
Article 590. Damage caused by harm to health
1. Damage caused by harm to health shall comprise:
a) Reasonable costs for treating, nursing and rehabilitating health, and functional losses and impairment of the aggrieved person;
b) Loss of or reduction in the actual income of the aggrieved person. If the actual income of the aggrieved person is irregular and is not able to be determined, the average income level for the type of work performed by the aggrieved person shall be applied;
c) Reasonable costs and actual income losses of the carers of the aggrieved person during the period of treatment. If the aggrieved person loses his or her ability to work and requires a permanent carer, the damage shall also include reasonable costs for taking care of the aggrieved person.
d) Other damage as prescribed by law.
Thus, damage caused by harm to health includes the above contents, including reasonable costs and actual income losses of the carers of the aggrieved person during the period of treatment.
In addition, in Clause 2, Article 590 of the Civil Code 2015, a person causing harm to the health of another person must pay the above items with an amount of money as compensation for the mental suffering of the aggrieved person.
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