Claiming 1,000 Billion VND for Honor Compensation: Is It Valid?

The past few days, there has been information that Ms. Giau has filed a lawsuit against Ms. Phuong Hang, demanding 1,000 billion VND in compensation for defamation and damage to her honor and dignity. Is there a basis for demanding such an amount in compensation?

Article 592 of the Civil Code 2015 regulates compensation for damages to honor and dignity as follows:

- Damages for the violation of honor, dignity, and reputation include:

+ Reasonable expenses to mitigate and rectify the damage;

+ Actual lost or reduced income;

+ Other damages as prescribed by law.

- The person responsible for compensation in case of violation of another's honor, dignity, or reputation must compensate for the damages as prescribed in Clause 1 of this Article and an additional amount to cover the mental suffering endured by that person. The level of compensation for mental suffering is agreed upon by the parties; if an agreement cannot be reached, the maximum compensation for one person whose honor, dignity, and reputation have been violated does not exceed ten times the statutory pay rate prescribed by the State.

According to the above regulations, the level of compensation for mental suffering is agreed upon by the parties. In cases where an agreement cannot be reached, the maximum compensation for one person whose honor, dignity, and reputation have been violated does not exceed 10 times the statutory pay rate prescribed by the State.

According to Article 3 of Decree 38/2019/ND-CP, the current statutory pay rate is VND 1,490,000.

Therefore, if the parties do not reach an agreement, the maximum compensation is VND 14,900,000.

=> Thus, in this case, if the two parties do not reach an agreement on the compensation amount, the claim for compensation of VND 1 trillion for honor and dignity is unfounded.

Sincerely!

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