Do people only need to compensate for damage caused by letting their dogs bite other people in Vietnam? This is the question of Ms. Ha Thi *** sent to Lawnet for consultation on April 17, 2021. Regarding this matter, LawNet would like to answer as follows:
Article table of contents
Do people only need to compensate for damage caused by letting their dogs bite other people in Vietnam? (Illustration)
1. Dogs must be vaccinated and not allowed to roam freely on the streets in Vietnam
According to the provisions of Clause 3, Article 1 of Decision 193/QD-TTg on the national program to control and eliminate rabies, dog owners in Vietnam must notify the village head or the commune-level People's Committee about their dog ownership. They must also commit to confining (or chaining) and keeping dogs within the family premises. Additionally, dog owners in Vietnam are required to vaccinate their pets against rabies as directed by local authorities.
Clause 3, Article 7 of Decree 90/2017/ND-CP, amended and supplemented by Clause 3, Article 2 of Decree 04/2020/ND-CP, stipulates a fine of 1,000,000 VND to 2,000,000 VND for one of the following actions:
- Failure to vaccinate animals against rabies for those required to be vaccinated.- Not muzzling dogs or not leashing them, not having someone lead them when taking them to public places.
Thus, the act of not muzzling or not vaccinating pets against rabies will result in a fine of 1,000,000 - 2,000,000 VND according to the new regulations.
2. In case of an incident, it does not stop at just compensating for the damage in Vietnam
According to Article 603 of the Civil Code 2015, the owner of the animal must compensate for the damage caused when an incident occurs:
1. The owner of an animal must compensate for the damage caused by the animal to another person. The possessor and user of the animal must compensate for the damage during the time of possession and use, except where otherwise agreed.
2. If a third party is entirely at fault for causing the animal to damage another person, the third party must compensate for the damage; if the third party and the owner are both at fault, they must jointly compensate for the damage.
3. If the animal is unlawfully possessed or used and causes damage, the unlawful possessor or user must compensate; when the owner, possessor, or user of the animal is at fault for allowing the animal to be unlawfully possessed or used, they must jointly compensate for the damage.
4. If the animal is let loose according to custom and causes damage, the owner must compensate according to custom, but it must not be contrary to the law and social ethics.
The above is only the civil liability when a domestic animal causes damage to another person. The dog owner can also be criminally liable if it results in a fatality.
Regarding the act of letting a dog bite to death, depending on the owner's subjective intention, they may be criminally prosecuted under different charges provided in the Penal Code 2015, amended and supplemented in 2017 such as:
- Murder- Intentional infliction of bodily harm or damage to health of another person- Involuntary manslaughter
The investigative agency must determine specific factors to conclude which crime the dog owner will be prosecuted for. For example, if the owner intentionally let the dog loose with the desire for it to cause death or injury to another person, they may be prosecuted for murder or intentional infliction of bodily harm or damage to health of another person.
If it is verified that the dog owner did not intend to cause death or injury by letting the dog run into public places, but the act resulted from carelessness, the owner may be criminally prosecuted for involuntary manslaughter under Article 128 of the Penal Code 2015, amended and supplemented in 2017:
Article 128. Involuntary manslaughter
1. Anyone who involuntarily causes death to another person shall be liable to non-custodial reform for up to 03 years or imprisonment for 01 to 05 years.
2. If the crime results in the death of 02 or more persons, the offender shall be liable to imprisonment for 03 to 10 years.
The highest penalty for this crime can be imprisonment for up to 10 years if it results in the death of 02 or more persons.
Thus, failure to comply with legal regulations regarding animal ownership can result in fines from 01 to 02 million VND. Additionally, if the animal causes damage, the owner must compensate according to civil law. In cases resulting in death, the owner can be criminally prosecuted according to criminal law. Therefore, when owning dogs or other animals, owners need to carefully manage them, vaccinate against rabies, and muzzle them when taken to public places.
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