Amount of compensation for mental suffering caused by harm to health and life under current regulations in Vietnam

The latest level of compensation for mental loss due to life and health being violated (Image from the internet)

Regarding this issue, LawNet responded as follows:

1. What are the damage caused by harm to health?

Damage caused by harm to health shall comprise:

- Reasonable costs for treating, nursing and rehabilitating health, and functional losses and impairment of the aggrieved person;

- Loss of or reduction in the actual income of the aggrieved person. If the actual income of the aggrieved person is irregular and is not able to be determined, the average income level for the type of work performed by the aggrieved person shall be applied;

- Reasonable costs and actual income losses of the carers of the aggrieved person during the period of treatment. If the aggrieved person loses his or her ability to work and requires a permanent carer, the damage shall also include reasonable costs for taking care of the aggrieved person.

- Other damage as prescribed by law.

(Clause 1, Article 590 of the Civil Code 2015)

2. What are the damages caused by harm to life?

Damages caused by harm to life shall comprise:

- Damage caused by harm to life prescribed in Article 590 of the Civil Code 2015;

- Reasonable funeral costs;

- Support for the dependants of the aggrieved person;

- Other damage as prescribed by law.

(Clause 1, Article 591 of the Civil Code 2015)

3. Amount of compensation for mental suffering caused by harm to health in Vietnam

According to Clause 2, Article 590 of the Civil Code 2015, the amount of compensation for mental suffering caused by harm to health in Vietnam is as follows:

A person causing harm to the health of another person must pay the items provided in Section 1 together with an amount of money as compensation for mental suffering of the aggrieved person.

The amount of compensation for mental suffering shall be as agreed by the parties;

If the parties are not able to agree, the maximum sum shall not exceed fifty-month base salary prescribed by the State.

According to Decree 24/2023/ND-CP, the statutory pay rate is VND 1.800.000 per month

Thus, the amount of compensation for mental suffering in Vietnam shall be agreed upon by the parties.

4. Amount of compensation for mental suffering caused by harm to life in Vietnam

Pursuant to Clause 2, Article 591 of the Civil Code 2015, the amount of compensation for mental suffering caused by harm to life in Vietnam is as follows:

A person causing death to another person must pay compensation for damage as provided in Section 2 together with an amount of money as compensation for mental suffering of the closest relatives in the first line of succession to the deceased.

If there are no such relatives, this sum shall be paid to the persons who were directly reared by the deceased or to the persons who directly reared the deceased.

The amount of compensation for mental suffering shall be as agreed by the parties;

If the parties are not able to agree, the maximum sum shall not exceed one-hundred-month base salary prescribed in by the State.

According to Decree 24/2023/ND-CP, the statutory pay rate is VND 1.800.000 per month

Thus, the amount of compensation for mental suffering caused by harm to life in Vietnam shall be agreed upon by the parties. If no agreement is reached, the maximum level for a person whose life is infringed shall not exceed 180 million VND.

Nguyen Ngoc Que Anh

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE