What is prescriptive period for initiating legal action claiming compensation for property damage in Vietnam?

What is prescriptive period for initiating legal action claiming compensation for property damage in Vietnam?

In Article 588 of the 2015 Civil Code, there are regulations on prescriptive period for initiating legal action claiming compensation for damage as follows:

The prescriptive period for initiating legal action claiming compensation for damage shall be 03 years from the date on which the legal rights or interests of an individual, legal entity or other subject were infringed.

Thus, according to the above regulations in Vietnam, you can initiate to claim compensation for damages within the prescriptive period of 3 years from the date your property was damaged in Vietnam.

What is prescriptive period for initiating legal action claiming compensation for property damage in Vietnam? (Image from the Internet)

If many 17 year olds cause property damage, will they have to pay compensation in Vietnam?

In Article 586 of the 2015 Civil Code, there are regulations on capacity of individuals for liability to compensate for damage as follows:

1. A person of eighteen years of age or older who causes damage shall be personally liable to compensate.

2. 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, such property shall be used to satisfy the outstanding amount of compensation, except in the cases provided in Article 599 of this Code.

Where a person who is between fifteen and eighteen years of age causes damage, such person must compensate by recourse to his or her own property. If such person has insufficient property to compensate, the parents of such person must satisfy the outstanding amount by recourse to their own property.

3. Where a minor, legally incapacitated person, person with limited cognition and behavior control, 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.

In addition, Article 587 of the 2015 Civil Code has provisions on compensation for damage caused jointly by several persons as follows:

Where several persons jointly cause damage, they must jointly compensate any aggrieved person. Liability for compensation of each person having jointly caused the damage shall be determined in proportion to the degree of fault of each person. If the degree of fault is not able to be determined, the persons causing damage must compensate in equal shares.

According to this Article, if many 17-year-olds cause damage, they must jointly compensate with their assets. If there is not enough assets to compensate, their parents must compensate for the remainder with their assets in Vietnam.

What are principles of compensation for damage in civil matters in Vietnam?

In Article 585 of the 2015 Civil Code, there are regulations on principles of compensation for damage as follows:

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.

Thus, compensation for civil damages will be carried out according to the above regulations in Vietnam.

Best regards!