Right to life, right to safety of life, health and body according to the Civil Code 2015 of Vietnam

Right to life, right to safety of life, health and body according to the Civil Code 2015 of Vietnam (Image from Internet)

1. Right to life, right to safety of life, health and body according to the Civil Code 2015 of Vietnam

According to Article 33 of the Civil Code 2015 of Vietnam, the right to life, right to safety of life, health and body is as follows:

- Each individual has the right to life, the inviolable right to life and body, the right to health protection by law. No one shall be killed illegally.

- When any person has a life threatening accident or illness, a person who discovers such situation must take such person or require suitable entities to a nearest health facility; the health facility must provide medical examination and treatment in accordance with law on medical examination and treatment.

- The consent of a person is required for the anesthesia, surgery, amputation, transplant of his/her tissues or bodily organs; the application of new medical cures to that person; medical, pharmacy or scientific testing or any method of testing on a human body.

If the person is a minor, a legally incapacitated person, a person with limited cognition or behavior control or an unconscious patient, the consent of his/her father, mother, spouse, grown child or legal guardian is required; in cases where there is a threat to the life of the patient which cannot wait for the consent of the aforesaid persons, a decision of the head of the health facility is required.

- A post-mortem operation shall be performed in any of the following cases:

+ The deceased person expressed consent prior to death;

+ In the absence of such consent, the consent of a parent, spouse, grown child or legal guardian of the deceased was obtained;

+ In necessary cases, pursuant to a decision of the head of the health facility or a competent authority as prescribed in law.

2. The right to protection of honor, dignity and prestige according to the Civil Code 2015 of Vietnam

According to Article 34 of the Civil Code 2015 of Vietnam, the right to protection of honor, dignity and prestige is as follows:

- Honor, dignity and prestige of an individual is inviolable and protected by law.

- Each individual has the right to request a court to reject any piece of information adversely affecting to his/her honor, dignity and/or prestige.

The honor, dignity and prestige of a deceased person shall be protected at the request of his/her spouse or grown children; or his/her parent if he/she has no spouse or child, unless otherwise prescribed by law.

- If a piece of information adversely affecting to the honor, dignity and prestige of a person is posted on a mean of mass media, that piece of information shall be removed or rectified by that kind of mean. If that piece of information is kept by an agency, organization or individual, such entity is required to cancel it.

- In case it is impossible to identify the person informing the information adversely affecting the honor, dignity and/or prestige of a person, the latter person has the right to request a court to declare that such piece of information is incorrect.

- The person receiving the information adversely affected his/her honor, dignity and/or prestige both has the right to request rejection of such piece of information and has the right to require to informing person gives a public apology and rectification and compensation.​

3. Rights of an individual with respect to his/her image

According to Article 32 of the Civil Code 2015 of Vietnam, rights of an individual with respect to his/her image are as follows:

- Each individual has rights with respect to his/her own image.

The use of an image of an individual must have his/her consent.

When an image of an individual is used for commercial purposes, that person is eligible for a remuneration, unless otherwise agreed.

- The use of image for any of the following purposes needs not the consent of the image’s owner or his/her legal representative:

+ For national and public benefits;

+ For public activities, including conventions, seminars, sports activities, art shows and other public activities that do not infringe the honor, dignity or prestige of the image’s owner.

+ If the use of an image violates the regulation prescribed in this Article, the image’s owner has the right to request a court to issue a decision that compel the violator or relevant entities to revoke, destroy or terminate the use of the image, compensate for damage and adopt other measures as prescribed in law.

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