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The Supreme People's Court of Vietnam: Benchbook Online

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2.4.1. Determining damage caused by harm to health.


Related legal documents
  • Civil Code 2005 (Article 609)
  • Resolution No. 01/2004/NQ-HDTP dated 28 April 2004 (Section 1 of Part II)

  • Main tasks and practical skills:

    • Damages caused by harm to health as provided specifically in Section 1 of Part II of Resolution No. 01/2004 can be divided into five categories : medical expenses for health recovery ; loss of, or reduction in actual income; expenses and part of income paid to the person providing care; expenses for long-term care and compensation for the person who has received alimony from the person suffering from damage. Each of these categories is stipulated in detail. In order to understand provisions on damage resulting in compensation, and make it easier to instruct litigants to present or collect evidence systematically, the Judge should have a list of damages.
    • Note that the calculation of a number of types of damages has been provided in Resolution No, 01/2004, as follows:
      - Calculation of lost or reduced income (Sub-section 1.2 of Section 1 of Part II);
      - Calculation of income of the person who takes care of the person suffering from damage during their treatment (Sub-section 1.3 );
      - Calculation of expenses for long-term care (Sub-section 1.4 );
      - Calculation of compensation for alimony (Point b.1 of Sub-section 1.4 );
      - Compensation level for mental loss shall not exceed 30 months of minimum salary (Point c of Sub-section 1.5).
    • Note that some guidance included in Resolution No. 01/2004 has been provided in the Civil Code 2005.