Period of entitlement to compensation for damage caused by harm to health or resulting from loss of life in Vietnam

Period of entitlement to compensation for damage caused by harm to health or resulting from loss of life in Vietnam (Internet image)

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

1. What is 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.

 A person causing harm to the health of another person must pay the items provided in Clause 1 of Article 590 of the Civil Code 2015 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.

(Article 590 of the Civil Code 2015)

2. What is damage caused by harm to life?

Damage 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.

A person causing death to another person must pay compensation for damage as provided in Clause 1 of Article 591 of the Civil Code 2015 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.

(Article 591 of the Civil Code 2015)

3. Period of entitlement to compensation for damage caused by harm to health or resulting from loss of life in Vietnam

According to Article 593 of the Civil Code 2015, the period of entitlement to compensation for damage caused by harm to health or resulting from loss of life in Vietnam is as follows:

- Where an aggrieved person loses totally the ability to work, the aggrieved person shall receive compensation until the time of his or her death, unless otherwise agreed.

- Where the aggrieved person dies, his or her dependants shall be entitled to receive support for the following durations:

+ A child of the deceased, whether living or conceived prior to his or her death, shall be entitled to compensation until the age of eighteen years, except a child between fifteen and eighteen years of age who is employed and earns sufficient income to look after himself or herself;

+ An adult who is not able to work shall be entitled to receive support until his or her death.

-. With regard to the conceived child of the deceased, the compensation shall be paid from the time he/she is born and alive.

Ho Quoc Tuan

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