Guidelines for determining damage to health and life in compensation for non-contractual damages in Vietnam

Guidelines for determining damage to health and life in compensation for non-contractual damages in Vietnam (Internet image)

The Council of Judges of the Supreme People's Court of Vietnam promulgates Resolution 02/2022/NQ-HDTP guiding the application of provisions of the Civil Code on liability for compensation for non-contractual damage.

Thus, the determination of damage to health and life in compensation for non-contractual damage in Vietnam is guided as follows:

1. Regarding damage caused by infringing health specified in Article 590 of the Civil Code in Vietnam

- Reasonable expenses for treating, fostering, and rehabilitating the aggrieved person's health and lost or reduced functions, including:

+ Medical examination and treatment expenses for victims in accordance with the provisions of the law on medical examination and treatment; hire vehicles to transport victims to medical examination and treatment establishments and back to their places of residence;

+ Health promotion expenses for aggrieved persons are calculated as one day's regional minimum wage at medical examination and treatment establishments for one day of medical examination and treatment based on the number of days in the medical record.

+ The cost of restoring lost or reduced health and function is the cost of the recovery, support, and replacement of a part of the body's function lost or reduced by the injured person.

- The actual lost or reduced income of the aggrieved person is determined as follows:

+ If the aggrieved person has a stable income from salary or wages, it shall be determined based on the aggrieved person's salary or wage level during the period of loss or decrease in salary or wages.

+ If the aggrieved person has an unstable salary or wage level, the salary is determined based on the average salary and wage level of the three consecutive months preceding the time of damage.

If three consecutive months' salary prior to the time of damage cannot be determined, it shall be based on the average income of workers of the same type in the locality during the period when the actual income is lost or reduced.

If it is not possible to determine the average income of workers of the same type in the locality, the actual lost or reduced income that is compensated is 01 day of the regional minimum wage in the place where the aggrieved person resides for 01 day of being injury. 

The regional minimum wage date is determined as 01 month's regional minimum wage as prescribed by the State divided by 26 days.

- Reasonable expenses and actual lost income of caregivers of the damage sufferers as prescribed at Point c, Clause 1, Article 590 of the Civil Code are determined as follows:

+ Reasonable expenses for caregivers of the aggrieved person during the treatment period, including: train, car, and inn rent according to the average price in the locality where the injured person is being treated (if any);

+ The actual lost income of the caregiver of the aggrieved person during the treatment period is determined according to the guidance in Clause 2, Article 8 of Resolution 02/2022/NQ-HDTP;

+ In case the aggrieved person loses his/her ability to work and must have someone to take care of them regularly,
Reasonable expenses for taking care of the aggrieved person is determined as 01 day of the regional minimum wage in the place where the aggrieved person resides for 1 day of taking care of the aggrieved person.

2. Regarding damage caused by infringing life specified in Clause 1, Article 591 of the Civil Code in Vietnam

Damage caused by infringing upon life as prescribed at Points a, b and c, Clause 1, Article 591 of the Civil Code is determined as follows:

- Damage due to health that is violated according to the provisions of Article 590 of the Civil Code, guided in Article 7 of Resolution 02/2022/NQ-HDTP, is calculated from the time when the victim's health is violated. until the person dies.

- Reasonable expenses for burial in respect of money: purchase of coffins; cremation and burial expenses; necessary items for burial, such as funeral towels, incense, candles, flowers, hearse rental, and other expenses for the burial or cremation of victims according to local customs and practices.

Do not accept claims for compensation for expenses for sacrifices, worship, meals, tomb construction, and grave picking.

- Alimony for those for whom the aggrieved person is obliged to support or nurture before death is determined as follows:

+ The level of support is based on the income, actual ability of the person with the support obligation and the essential needs of the person receiving the support but not less than 01 month's regional minimum wage in the place where the supported person is residing for each month;

+ The time of support is counted from the time the victim suffers a violation of his/her health;

+ Objects of compensation for alimony are those for whom the damage sufferer is obliged to support in accordance with the law on marriage and family.

Resolution 02/2022/NQ-HDTP takes effect from January 1, 2023, replacing Resolution 03/2006/NQ-HDTP.

Quoc Dat

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