. Compensation for damage caused by persons under fifteen years of age in Vietnam

. Compensation for damage caused by persons under fifteen years of age in Vietnam (Internet image)

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

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

According to Article 586 of the Civil Code 2015, the capacity of individuals for liability to compensate for damage is regulated 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. Damage caused by persons under fifteen years of age under direct supervision of school in Vietnam

- Where a person under fifteen years of age causes damage during school hours, the school must compensate for the damage.

- If a legally incapacitated person causes damage to another person while under the direct supervision of a hospital or another juridical person, such hospital or the juridical person must compensate for the damage.

- If, in the cases provided in Clauses 1 and 2 of this Article, the school, hospital or another juridical person proves that it was not at fault with respect to supervision, the parents or guardian of the person under fifteen years of age or of the legally incapacitated person must compensate.

Thus, during the period of direct supervision of the school, if a person under the age of 15 causes damage, the school must compensate for the damage caused, unless it is proven that there was no error in management. In this case, the father, mother, or guardian of the person under fifteen years old must compensate.

(Article 599 of the Civil Code 2015)

3. Principles of compensation for damage in Vietnam

According to Article 585 of the Civil Code 2015, the principles of compensation for damage is 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.

Nguyen Ngoc Que Anh

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