Increase in compensation for mental suffering caused by harm to health and life in Vietnam from July 1, 2024

Increase in compensation for mental suffering caused by harm to health and life in Vietnam from July 1, 2024 (Image from the internet)

According to Decree 73/2024/ND-CP, the statutory pay rate from July 1, 2024, is 2.34 million VND/month. Therefore, when the statutory pay rate increases, the compensation for mental damage also increases.

1. Compensation for mental suffering caused by harm to health in Vietnam from July 1, 2024

According to Article 590 of the Civil Code 2015 regulating damages caused by harm to health in Vietnam:

- damages caused by harm to health include:

+ Reasonable costs for treatment, nourishment, rehabilitation of health and lost or reduced functions of the injured person;

+ Actual income lost or reduced of the injured person; if the actual income is unstable and cannot be determined, the average income of the same type of labor will be applied;

+ Reasonable costs and the actual income lost of the caretaker during the treatment period; if the injured person loses the ability to work and needs regular care, the damages include reasonable costs for caring for the injured person;

+ Other damages stipulated by law.

- The person responsible for compensation in cases of health infringement must compensate for the damages as stipulated above and an additional amount to offset the mental suffering endured by the injured person.

The compensation for mental suffering is agreed upon by the parties; if no agreement is reached, the maximum amount for an injured person is no more than fifty times the statutory pay rate as regulated by the State.

Thus, the compensation for mental suffering due to health infringement agreed upon by the parties, if no agreement is reached, the maximum amount for an injured person from July 1, 2024, is no more than 117 million VND.

2. Compensation for mental suffering caused by harm to life in Vietnam from July 1, 2024

- Damages caused by harm to life include:

+ damages caused by harm to health as stipulated in Section 1;

+ Reasonable costs for funeral services;

+ Support money for persons whom the deceased had a duty to support;

+ Other damages stipulated by law.

- The person responsible for compensation in cases of life infringement must compensate for the damages as stipulated above and an additional amount to offset the mental suffering for the immediate relatives of the deceased. If there are no such persons, the amount will be given to the person who directly raised the deceased or the person who was directly raised by the deceased.

The compensation for mental suffering is agreed upon by the parties; if no agreement is reached, the maximum amount for a deceased person is no more than one hundred times the statutory pay rate as regulated by the State.

Thus, the compensation for mental suffering caused by harm to life agreed upon by the parties, if no agreement is reached, the maximum amount for a deceased person is no more than 234 million VND.

(Article 591 of the Civil Code 2015)

Nguyen Ngoc Que Anh

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE