Synthesis Of Resolutions Of Non-Contractual Damage Compensation

For the purpose of synthesis of resolutions of non-contractual damage compensation, up to July 2021, resolutions of non-contractual damage compensation include the Resolution 01/2004/NQ-HDTP dated 28 April 2004 of the Justice Council of the Supreme People’s Court on guiding a number of provisions of the Civil Code on non-contractual damage compensation, taking effect between 27 May 2004 and 6 August 2006 (“Resolution 01/2004/NQ-HDTP”), and Resolution 03/2006/NQ-HDTP dated 08 July 2006 of the Justice Council of the Supreme People’s Court on guiding a number of provisions of the Civil Code 2005 on non-contractual damage compensation (“Resolution 03/2006/NQ-HDTP”). The Resolution 03/2006/NQ-HDTP was issued after the Civil Code 2005 took effect to replace the Resolution 01/2004/NQ-HDTP which guiding the Civil Code 1995.

The Resolution 01/2004/NQ-HDTP and the Resolution 03/2006/NQ-HDTP stipulates a majority of content similar to each other, including the following parts:

• General provisions stipulate grounds giving rises to the liability for non-contractual damage compensation, principles for damage compensation, capacity to be responsible for damage compensation, reasonable expenses, the involved parties’ obligation to prove, and the limitation period of the lawsuit to claim damage compensation;
• Damage determination includes damages caused by infringement upon health; damage caused by infringement upon life; damage caused by infringement upon honour, personality, and prestige; duration for entitlement to compensation for damage caused by infringement upon health or life;
• Damage compensation caused by sources of extreme danger guides determination of sources of extreme danger, determination of liability for compensation for damage caused by sources of extreme danger; and
• Implementation effect of the resolution.

However, in practice, there are many difficulties, obstacles, and inadequacies in applying the resolutions of non-contractual damage compensation, because a lot of provisions in the Resolution 03/2006/NQ-HDTP are no longer consistent with the provisions of the Civil Code 2015. Therefore, recently, the Department of Legal Affairs and Scientific Management of the Supreme People’s Court has submitted a draft Resolution on guiding some provisions of the Civil Code 2015 on non-contractual damage compensation to the Supreme People’s Court.

The draft Resolution on guiding some provisions of the Civil Code 2015 on non-contractual damage compensation contain some contents as follows:

• Governing scope;
• Grounds giving rises to liability for non-contractual damage compensation;
• Principles for non-contractual damage compensation;
• Capacity to be responsible for non-contractual damage compensation of the individual;
• The limitation period of the lawsuit to claim non-contractual damage compensation;
• Reasonable expenses;
• Damages caused by infringement upon health; damages caused by infringement upon life; damages caused by infringement upon honour, personality, or prestige; damages caused by law enforcers; damages caused by under-fifteen-year-old people or people having lost capacity for civil acts and under the direct supervision of school, hospital or other organization; damages caused by sources of extreme danger; damages caused by infringement of graves; and
• Implementation effect.

Above is an introduction of synthesis of resolutions of non-contractual damage compensation. If you have trouble with finding a law firm providing legal assistance regarding the liability for non-contractual damage compensation in Vietnam, please do not hesitate to 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.