Vietnam: Guidance on determining the age of the person causing damage under the Civil Code

Vo Ngoc Nhi

08:35, 03/01/2023

The Council of Judges of the Supreme People's Court of Vietnam issued Resolution 02/2022/NQ-HDTP dated September 6, 2022 guiding the application of regulations of Civil Code on liability for non-contractual damages.

According to Vietnam's Resolution 02/2022/NQ-HDTP, the method of determining the age of the person causing damage according to Article 586 of the Civil Code is as follows:

The age of the person causing the damage is determined at the time the damage is done.

If the exact age of the person causing the damage cannot be determined, their date of birth shall be determined as follows:

- If the month can be determined but the date cannot, the last day of that month is used as the date of birth.

- If the quarter can be determined but not the day or month, the last day of the last month in that quarter will be used as the date of birth.

- If the half-year can be determined but not the day and month, the last day of the last month in that half-year is used as the date of birth.

- If the year is known but not the day or month, the last day of the last month of that year is used as the date of birth.

- In cases where the year of birth cannot be determined, an assessment must be carried out to determine the age.

In case the age assessment results only determine the age range of the person causing the damage, the court shall use the lowest age within the determined age range to determine their age.

For example: With the conclusion that M's age is between 13 years and 6 months and 14 years and 2 months, then determine M's age as 13 years and 6 months.

Vietnam's Resolution 02/2022/NQ-HDTP takes effect on January 1, 2023.

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