At the Judgment 02/2018/HS-PT dated January 11, 2018 of the People's Court of Da Nang city, the defendant Nguyen Thi To V. can:
“ Nguyen Thi To V does not have a certificate and is not licensed by a competent state agency to take care of children in accordance with the law, but she still spontaneously accepts to take care of children at a rented house. Around the beginning of March 2016, V took care of Luong Cong C's grandson, Luong Cong T's son, Mr. Ngo Thi Y, and a grandchild named Luyn at home with the amount of VND 1,500,000/month/child. During this time, child C weighs about 10kg and is about 55cm tall; can roll over, crawl, sit up, and hold on to hard objects to get up for short periods of time, and sometimes sit up in a crib after waking.
On the morning of July 18, 2016, V took care of the children as usual. At about 11:30, after giving C and Lun their lunch, V let each child sleep in a rattan cradle, then V went to the front of the house to wash dishes but there was no one to look after them. About 15 minutes later, V heard a "bang" sound, so he ran into the house to see that C was lying on the floor in a supine position, unconscious, eyes rolled back. Luong Cong C's nephew suffered a traumatic brain injury; cerebral oedema, increased intracranial pressure, skull fracture, and intracranial hematoma. The body damage rate is 74%.”
Sentence: Defendant Nguyen Thi To V was sentenced to 18 months of non-custodial reform for unintentionally causing harm to the health of others under Clause 1, Article 108 of the 1999 Criminal Code, and at the same time compensate C's family the amount of 610,251,611 VND.
Article 108 of the 1999 Criminal Code of Vietnam provides as follows:
Article 108. Unintentionally inflicting injury on or causing harm to the health of other persons
1. Those who unintentionally inflict injury on or cause harm to the health of other persons with an infirmity rate of 31% or higher shall be subject to warning, non-custodial reform for up to two years or imprisonment of between three months and two years.
2. The offenders may also be banned from holding certain posts, practicing certain occupations or doing certain jobs for one to five years.
Regarding behaviour, individuals and private child care establishments spontaneously, self-administered child care without registration, failure to carry out procedures for establishment permit at a competent management agency is a violation of the law. The Ministry of Education and Training of Vietnam has promulgated specific regulations on conditions and procedures for establishing independent schools, kindergartens, children's groups and kindergartens in many documents.
Regarding the determination of fault, the defendant did not foresee that his act was likely to cause injury or harm to the health of others, so this is an act that harms the health of others due to negligence.
In all cases, The process of verifying the case of the authorities must clarify the suspicions and circumstances to determine the exact fault the defendant committed an unintentional crime or an act of using force to cause injury to the victim; thereby serving as a basis for determining the right crime with the criminal act and taking the appropriate form of handling in accordance with the law.
However, regardless of the punishment, the consequences caused harm to the victim and the victim's family. Therefore, unintentionally or intentionally causing injury to others, they must also be criminally responsible depending on a certain extent.