Is it possible to pay both a fine for violations and a compensation for damage in Vietnam?
Is it possible to pay both a fine for violations and a compensation for damage in Vietnam? Is it mandatory to use money to compensate for mental damages when there is damage to health in Vietnam? What is the maximum compensation for damage caused by infringement of corpses in Vietnam?
Is it possible to pay both a fine for violations and a compensation for damage in Vietnam?
Regarding the civil relationship, is it possible to pay both a fine for violations and a compensation for damage in Vietnam?
Answer:
Pursuan to Clause 3 Article 418 of the Civil Code in 2015 stipulating agreements on fines against violations as follows:
The parties may reach an agreement that the violating party has to pay only a fine for violations and is not liable to any compensation for damage, or has to pay both a fine for violations and a compensation for damage.
In case the parties have an agreement on fines against violation which does not specify that the violating party has to pay both a find for violations and a compensation for damage, then the violating party has to pay only the fine for violations.
Therefore, in a typical civil contract such as the loan contract you mentioned, it is entirely permissible to agree to both a fine for violations and compensation for damages.
Is it possible to pay both a fine for violations and a compensation for damage in Vietnam? - Image from Internet
Is it mandatory to use money to compensate for mental damages when there is damage to health in Vietnam?
Last Saturday, I damaged a person's health while participating in traffic. During the time the injured party was hospitalized, I also compensated for the costs of medication, rehabilitation, and other expenses. Do I still need to compensate for damages in cash?
Answer:
Pursuant to Clause 2 Article 590 of the Civil Code in 2015 stipulating as follows:
A person causing harm to the health of another person must pay the items provided in Clause 1 of this Article together with an amount of money as compensation for mental suffering of the aggrieved person. The amount of compensation for mental suffering shall be as agreed by the parties; if the parties are not able to agree, the maximum sum shall not exceed fifty-month base salary prescribed by the State.
Pursuant to Clause 1 Article 590 of the Civil Code in 2015 stipulating as follows:
Damage caused by harm to health shall comprise:
- Reasonable costs for treating, nursing and rehabilitating health, and functional losses and impairment of the aggrieved person;
- 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;
- 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.
Based on the regulations above, in addition to the compensation under clause 1 of this article, you still have to compensate the injured party for mental damages. The amount of the compensation is agreed by the two parties.
What is the maximum compensation for damage caused by infringement of corpses in Vietnam?
What is the maximum compensation for damage caused by infringement of corpses in Vietnam? Thank you!
Answer:
Pursuant to Clause 3 Article 606 of the Civil Code in 2015 stipulating compensation for damage caused by infringement of corpses as follows:
A person causing damage to a corpse must pay an amount of money as provided in Clause 2 of this Article together with another amount of money as compensation for mental suffering of the closest relatives in the first line of succession to the deceased. If there are no such relatives, this sum shall be paid to the persons who directly reared the deceased. The amount of compensation for mental suffering shall be as agreed by the parties; if the parties are not able to agree, the maximum sum shall not exceed thirty-month base salary prescribed by the State.
According to the regulations, the person who is liable to compensate for the violation of a corpse must pay a sum of money to compensate for the mental damages to the immediate relatives of the deceased (if there are no such people, the person who directly raised the deceased).
The amount of compensation for mental damages is agreed upon by the parties; if no agreement is reached, the maximum amount for each corpse that is violated is not more than thirty times the minimum wage set by the State.
Currently, the minimum wage is VND 1,490,000/month (Article 3 Clause 2 of Decree 38/2019/ND-CP).
Therefore, if no agreement is reached, the maximum compensation is VND 1,490,000 x 30 = VND 44,700,000.
Best regards!
