Physical violence is an act of intentional harm to a person’s life or health. Depending on the physical disability rate of the injuried person and the nature of the fault, this act will be considered a crime of deliberate infliction or bodily harm upon another body as prescribed by the Penal Code or compensatory damages only as prescribed by the Civil Code. So what are the provisions to know in terms of compensatory damages for assault and battery victims?
- The provisions to know in terms of compensatory damages for assault and battery victims regarding the ground giving rise to liability to compensatory damages
Physical violence is one of the legal grounds arising the responsibility of compensation under Article 584 of the Civil Code 2015, accordingly, “a person harming the life, health, honor, dignity, reputation, property, or other legal rights or interests of a person, must compensate for such damage, unless otherwise prescribed in this Code or relevant laws.”
In addition, the ground not giving rise to liability to compensatory damages is also the provisions to know in terms of compensatory damages for assault and battery victims. For this particular case, the person who causes damage shall be discharged from liability for compensation in case where the damage incurs due to force majeure events or to the entire fault of the aggrieved person, unless otherwise agreed or otherwise prescribed by law.
- The provisions to know in terms of compensatory damages for assault and battery victims regarding the principles of compensatory damages
In the events of violating a person or being an assault and battery victim, the provisions to know in terms of compensatory damages for assault and battery victims are he following principles of compensation for damages
- the actual damages shall be compensated in full and promptly. The involed parties may agree on the level of compensation, the form of compensation in cash, in kind or performing a job, compensation method once or in installations, unless otherwise provided by law; and
- if the amount of compensation determined becomes unrealistic, the aggrieved person, or the person having caused damage, has the right to request a court or another competent authority to change the amount of compensation.
With respect to the capacity of individual for liability to compensate for damage, under Article 586 of Civil Code 2015, a person of 18 years of age or older shall be personally responsible for compensation; for a minor under 15 years, his/her parent shall compensate for damage; a person between 15 years old and under 18 years old shall compensate by his/her own properties if any.
- The provisions to know in terms of compensatory damages for assault and battery victims regarding the determination of damages and the level of compensatory damages for the assault and battery victim
The damage of the beaten victim shall be compensated, including:
- 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; and
- Other damage as prescribed by law.
Regarding the provisions to know in terms of compensatory damages for assault and battery victims relating to compensatory damages for the assault and battery victim, a person causing harm to the health of another person must pay the compensation for damage as mentioned above 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.
Furthermore, the period of entitlement to compensation for damages is also the provisions to know in terms of compensatory damages for assault and battery victims. Where an assault and battery victim loses totally the ability to work, such person shall receive compensation until the time of his or her death, unless otherwise agreed.
Above is an overview of the provisions to know in terms of compensatory damages for assault and battery victims in Vietnam in current. If you have trouble with legal issues regarding the provisions to know in terms of compensatory damages for assault and battery victims 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 specializing in business law 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.
