Capacity of individuals for liability to compensate for non-contractual damage in Vietnam

Capacity of individuals for liability to compensate for non-contractual damage in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1.  Capacity of individuals for liability to compensate for non-contractual damage in Vietnam

The capacity of an individual to be responsible for compensation for non-contractual damage according to Article 586 of the Civil Code 2015 is as follows:

- A person of eighteen years of age or older who causes damage shall be personally liable to compensate.

- Where a minor under fifteen years of age causes damage, his or her parents, if any, must compensate for the total damage.

If the parents have insufficient property to compensate and the minor who has caused the damage has property of his or her own, such property shall be used to satisfy the outstanding amount of compensation, except in the cases provided in Article 599 of the Civil Code 2015.

Where a person who is between fifteen and eighteen years of age causes damage, such person must compensate by recourse to his or her own property.

If such person has insufficient property to compensate, the parents of such person must satisfy the outstanding amount by recourse to their own property.

- Where a minor, legally incapacitated person, person with limited cognition and behavior control, causes damage but there is a guardian, such guardian shall use the property of the ward to compensate.

If the ward has no or insufficient property to compensate, the guardian must do so by recourse to the property of the guardian. If the guardian is able to prove that he or she was not at fault with respect to guardianship, the guardian shall not be required to use its property to compensate.

2. Principles of compensation for non-contractual damage in Vietnam

Principles of compensation for non-contractual damage in Vietnam under Article 585 of the Civil Code 2015 are as follows:

- Actual damage must be compensated in full and promptly. Unless otherwise provided by law, parties may agree on the amount of compensation; on the form of compensation, which may be money, in kind or the performance of an act; lump sum payment or payment in instalments; and on the method of compensation.

- The compensation payable by a person having caused damage may be reduced if such damage was caused unintentionally and is very large in comparison to the financial positions of such person.

- If the amount of compensation determined becomes unrealistic, the aggrieved person, or the person having caused damage, has the right to request a court or another competent authority to change the amount of compensation.

- If the aggrieved party is partly his/her fault for causing the damage, that part of damage shall not be compensated.

- The party having rights and interests infringed shall not be compensated if such damage incurs due to his/her failure to adopt necessary measures to prevent the damage.

3. Grounds giving rise to liability to compensate for non-contractual damage in Vietnam

Grounds giving rise to liability to compensate for non-contractual damage in Vietnam under Article 584 of the Civil Code 2015 are as follows:

- A person intentionally or unintentionally harming the life, health, honor, dignity, reputation, property, or other legal rights or interests of a person, must compensate for such damage, unless otherwise prescribed in the Civil Code 2015 or relevant laws.

- The person who causes damage shall be discharged from liability for compensation in case where the damage incurs due to force majeure events or at entire fault of the aggrieved person, unless otherwise agreed or otherwise prescribed by law.

- If a property causes damage, its owner or possessor must compensate for the damage, except for the damage prescribed in Clause 2 of Article 584 of the Civil Code 2015.

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