Who must compensate for damage caused by persons under fifteen years of age and under direct supervision of school in Vietnam?
- When will the person under fifteen years of age who causes damage shall be discharged from liability for compensation in Vietnam?
- Who must compensate for damage caused by persons under fifteen years of age and under direct supervision of school in Vietnam?
- Vietnam: When will persons under fifteen years of age compensate for damage with their property?
- What is the principle of compensation for damage in Vietnam?
When will the person under fifteen years of age who causes damage shall be discharged from liability for compensation in Vietnam?
Pursuant to Article 584 of the 2015 Civil Code stipulates as follows:
Grounds giving rise to liability to compensate for damage
1. A person intentionally or unintentionally harming the life, health, honor, dignity, reputation, property, or other legal rights or interests of a person, must compensate for such damage, unless otherwise prescribed in this Code or relevant laws.
2. The person who causes damage shall be discharged from liability for compensation in case where the damage incurs due to force majeure events or at entire fault of the aggrieved person, unless otherwise agreed or otherwise prescribed by law.
3. If a property causes damage, its owner or possessor must compensate for the damage, except for the damage prescribed in Clause 2 of this Article.
Accordingly, minors who causes damage shall be discharged from liability for compensation in case where the damage incurs due to force majeure events or at entire fault of the aggrieved person, unless otherwise agreed or otherwise prescribed by law.
Who must compensate for damage caused by persons under fifteen years of age and under direct supervision of school in Vietnam? (Image from the internet)
Who must compensate for damage caused by persons under fifteen years of age and under direct supervision of school in Vietnam?
Pursuant to Article 599 of the 2015 Civil Code stipulates as follows:
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
1. Where a person under fifteen years of age causes damage during school hours, the school must compensate for the damage.
2. 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.
3. If, in the cases provided in Clauses 1 and 2 of this Article, 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.
Thus, based on Clause 1, Article 599 of the 2015 Civil Code and Clause 2, Article 599 of the 2015 Civil Code above, where a person under fifteen years of age causes damage during school hours, the school must compensate for the damage.
If the school 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 according to the provisions of Article 586 of the 2015 Civil Code.
Vietnam: When will persons under fifteen years of age compensate for damage with their property?
Regarding the capacity to be responsible for compensation for damage, Clause 2, Article 586 of the 2015 Civil Code and Clause 3, Article 586 of the 2015 Civil Code determine that the responsibility for compensation for damage caused by a person under the age of 15 will belong to his or her parents or guardian.
Specifically:
- Where a minor under fifteen years of age causes damage, his or her parents, if any, must compensate for the total damage. If the parents have insufficient property to compensate and the minor who has caused the damage has property of his or her own;
- Where a minor causes damage but there is a guardian, such guardian shall use the property of the ward to compensate. If the ward has no or insufficient property to compensate, the guardian must do so by recourse to the property of the guardian. If the guardian is able to prove that he or she was not at fault with respect to guardianship, the guardian shall not be required to use its property to compensate.
Thus, a person under 15 years of age who causes damage will compensate for the damage with his/her property in 02 cases:
- The parents have insufficient property to compensate
- There is a guardian of the minor
What is the principle of compensation for damage in Vietnam?
Pursuant to Article 585 of the 2015 Civil Code, the principles of compensation for damage are as follows:
- Actual damage must be compensated in full and promptly. Unless otherwise provided by law, parties may agree on the amount of compensation; on the form of compensation, which may be money, in kind or the performance of an act; lump sum payment or payment in instalments; and on the method of compensation.
- The compensation payable by a person having caused damage may be reduced if such damage was caused unintentionally and is very large in comparison to the financial positions of such person.
- If the amount of compensation determined becomes unrealistic, the aggrieved person, or the person having caused damage, has the right to request a court or another competent authority to change the amount of compensation.
- If the aggrieved party is partly his/her fault for causing the damage, that part of damage shall not be compensated.
- The party having rights and interests infringed shall not be compensated if such damage incurs due to his/her failure to adopt necessary measures to prevent the damage.
LawNet
