Levels of compensation for damages to health are concerned when a person causes injury to the health of others, except for the damage caused by harm to health resulting from a case of force majeure or a fault entirely attributable to an injured person. The issue of the levels of compensation for damages to health will be addressed by perpetrators and victims. This article will provide an overview of the legal regulations related to the levels of compensation for damages to health.
Under Article 590 of Civil Code 2015, the levels of compensation for damages to health shall be calculated including compensations for physical damages and the amount to compensate for the mental suffering. In particular, the physical damages caused by harm to health include:
- Levels of compensation for damages to health concerning reasonable costs for treating, nursing, and rehabilitating health, functional losses, and impairment of the aggrieved person;
- Levels of compensation for damages to health concerning losses of or reduction in the actual income of the aggrieved person. If the actual income of the aggrieved person is unstable and unable to be determined, the average income rate for the same type of work shall be applied;
- Levels of compensation for damages to health concerning 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;
- Other levels of compensation for damages to health as prescribed by law.
An amount of money as compensation for the mental suffering of the aggrieved person shall be as agreed by the parties; if an agreement cannot be reached, the maximum compensation shall not exceed fifty-times statutory pay rate as prescribed by the State at the time of compensation according to Article 590.2 of Civil Code 2015.
Above is an overview of the levels of compensation for damages to health in Vietnam. If you have trouble with legal issues regarding the levels of compensation for damages to health in Vietnam, please contact us: Phuoc & Partners is a professional consulting firm established in Vietnam and currently has nearly 100 members working in three offices in Ho Chi Minh City, Hanoi, and Danang. Phuoc & Partners is also rated as one of the leading consulting firms specialising 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.
