Tort law at Vietnam
Tort law in Vietnam is primarily governed by the Civil Code of 2015 (Law No. 91/2015/QH13), which outlines the principles and regulations concerning non-contractual civil liabilities. The Code provides a comprehensive framework for addressing damages caused by wrongful acts, encompassing both intentional and unintentional torts.
⚖️ Key Principles of Tort Liability
1. Liability for Non-Contractual Damages
According to Article 584 of the Civil Code, individuals or legal entities are liable for damages caused to others' life, health, honor, dignity, reputation, property, or other legal rights and interests, unless the damage results from force majeure or the fault of the aggrieved party.
2. Fault in Civil Liability
Article 364 distinguishes between:
Intentional Fault: When a person is fully aware that their act will cause damage but still commits it.(Luat Vietnam)
Unintentional Fault: When a person does not foresee that their act may cause damage, even though they should have known, or foresees it but believes it will not occur.
3. Types of Damage
Article 361 categorizes damages into:
Physical Damage: Actual losses, including property damage, medical expenses, and loss of income.
Spiritual Damage: Losses related to life, health, honor, dignity, reputation, and other personal benefits.
4. Compensation for Damage
Article 585 stipulates that actual damage must be compensated fully and promptly. Compensation may be in the form of money, in-kind, or performance of an act, as agreed upon by the parties. If the damage was caused unintentionally and is disproportionate to the financial position of the person at fault, the compensation may be reduced.
5. Joint Liability
Article 587 addresses situations where multiple parties jointly cause damage. Each party's liability is determined in proportion to their degree of fault. If the degree of fault cannot be determined, the parties must compensate equally.
6. Statute of Limitations
Article 588 sets the statute of limitations for filing a tort claim at three years from the date the victim knows or should know that their rights have been infringed.
🏛️ Application and Interpretation
The Resolution No. 02/2022/NQ-HDTP, issued by the Council of Judges of the Supreme People's Court, provides guidelines for the application of the Civil Code concerning tort liability. It clarifies elements such as the existence of a tortious act, the presence of damage, and the causal link between the act and the damage.
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