Ordering compensation for damages is one of the measures of protecting civil rights if the civil rights of an individual or an entity are violated. In particular, these regulations on compensation for non-contractual health damages always receive much attention. So, how are the aggrieved persons compensated for their health violated under the regulations on compensation for non-contractual health damages?
Regulations on compensation for non-contractual health damages are specifically prescribed in Article 590 of the Civil Code 2015, and include the following contents:
- Reasonable costs for treating, nursing, and rehabilitating health, functional losses, and impairment of the aggrieved person. The costs stipulated in these regulations on compensation for non-contractual health damages are usually evidenced by invoices, records, receipts, such as the cost of the medical equipment, receipts for hospital charges, rehabilitation expenses, drug bills, etc.
- Loss of or reductions 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 same type of work shall be applied. As usual, the basis for determining actual income according to the regulations on compensation for non-contractual health damages is from payroll salaries or contractual remuneration of the aggrieved person.
- Reasonable costs and actual income losses of a carer of the aggrieved person during the period of treatment. If the aggrieved person loses his or her ability to employ and requires a permanent carer, the damage shall also include reasonable costs for taking care of the aggrieved person;
From the perspective of the Civil Code, in cases the aggrieved person requires a permanent carer during the period of treatment, the costs for a permanent carer are also calculated as the cost of compensation. Accordingly, the provision of regulations on compensation for non-contractual health damages shall order compensation for the permanent carer including their actual income losses and the reasonable costs for the care.
- Other damage as prescribed by law; and
- An amount of money as compensation for the mental suffering of the aggrieved person. The amount of compensation for the mental suffering shall be as agreed by the parties; if the parties cannot get a mutual agreement, the Court shall judge with the maximum sum not exceeding fifty-month basic salary prescribed by the State.
According to the applicable laws, the basic salary in 2021 is still VND1,490,000 VND per month. Therefore, if there is a violation of the health of any person, the infringer not only compensates the aforesaid physical damages but also compensates mental suffering with a maximum of VND 74,500,000 (i.e. 50 × VND 1,490,000 per month).
The above is an overview of regulations on compensation for non-contractual health damages. If you have trouble with legal issues regarding regulations on compensation for non-contractual health damages, please contact us: Phuoc & Partners is a professional consulting firm established in Vietnam which currently has nearly 100 members working in three offices in Ho Chi Minh City, Hanoi, and Danang. Phuoc & Partners. It is rated as one of the leading consulting firms specializing in civil litigation in Vietnam that has leading practice areas in the legal market such as Labour and Employment, Taxation, Merger and acquisition, Litigation. We are confident in providing customers with optimal and effective service.