Conditions for compensation for damages when participating in prevention and combat against domestic violence in Vietnam

Conditions for compensation for damages when participating in prevention and combat against domestic violence in Vietnam (Illustrative photo)

According to Article 6 of Circular 24/2011/TT-BVHTTDL, the state shall compensate for property damage to individuals directly participating in the prevention and combat against domestic violence as stipulated in Clause 3, Article 5 of Decree 08/2009/ND-CP in the following cases:

1. The individual causing the damage is mentally ill and meets all the following conditions:

- Has a medical record before the time of causing property damage to the individual directly participating in the prevention and combat against domestic violence;

- Has certification from a district-level or higher hospital regarding the illness;

- Does not have a guardian, or has a guardian but the guardian has sufficient evidence to prove they were not at fault in the guardianship of the mentally ill person, or the guardian is listed as a member of a poor household according to the Decision of the Chairman of the communal People’s Committee, which is still valid at the time of causing the property damage.

2. The individual causing the violence belongs to a poor household and is listed in the Decision of recognition of poor households by the Chairman of the communal People’s Committee, which is still valid at the time of causing the property damage, and has evidence proving there is no property to compensate the victim both presently and in the future.

The responsible authority for compensating the value of damaged property to individuals directly participating in the prevention and combat against domestic violence is regulated as follows:

- The provincial People’s Committee is responsible for compensating the value of damaged property to individuals directly participating in the prevention and combat against domestic violence when there is sufficient evidence proving the perpetrator is unable to compensate.

- Based on the local situation, the Chairman of the provincial People’s Committee shall regulate the decentralized compensation for property damage according to authority and allocate funds to the decentralized agency.

More details can be found in Circular 24/2011/TT-BVHTTDL, effective from February 14, 2012.

Thuy Tram

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