17/10/2022 09:40

Should an accident caused by trees be compensated in Vietnam?

Should an accident caused by trees be compensated in Vietnam?

My house has bamboo bushes planted in the fence, but their branches reach out to the road and hit passersby, damaging motorcycles. Thus, do I have to compensate when the person claims it? "My Anh-Lam Dong, Vietnam"

For her problem, the Editorial Board would like to answer as follows:

According to the provisions of Clause 2, Article 175, of Vietnam's Civil Code 2015, "A person having land use rights may use the airspace and the sub-surface according to the vertical dimensions of the boundaries around the land as prescribed by law and may not interfere with the use by other persons of the adjoining land.

A land user may only plant trees and performs other activities within the area covered by its land use rights and according to the defined boundaries. If the roots and branches of trees extend beyond the boundaries, such person must clip and prune the parts of the trees beyond the boundaries, except as otherwise agreed."

Thus, trees are only allowed to be planted within the boundary determined according to the above regulations. In case the tree branch extends beyond the boundary, the owner needs to trim it to avoid affecting other people's land use rights.

At the same time, in Clause 3, Article 584 of the Civil Code  2015, it is clearly stated: “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.”.

Thus, if trees in the garden have branches that extend beyond the boundary of the land under the use right of the owner, causing accidents and property damage to other people, that owner must be responsible for compensation.

The principles of compensation for damage in this case applies according to Article 585 of the Civil Code 2015 as follows:

Article 585. Principles of compensation for damage

1. 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.

2. 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.

3. 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.

4. If the aggrieved party is partly his/her fault for causing the damage, that part of damage shall not be compensated.

5. 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.

Best regards!

Nhu Y
69


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