Compensation for mental damages is a critical aspect of civil liability in Vietnam, ensuring that victims receive fair reparation for emotional suffering caused by violations of their personal rights. This article provides an in-depth analysis of compensation for mental damages, including its legal definition, applicable cases, and the specific compensation amounts regulated by Vietnamese law.
1. What Is Compensation for Mental Damages?
Mental damage, also referred to as non-material damage, occurs when an individual’s health, honor, dignity, or reputation is violated, or when a person’s death causes emotional suffering for their close relatives. Unlike material damages, which involve financial loss, mental damages pertain to emotional distress, loss of dignity, and psychological suffering.
In Vietnam, compensation for mental damages falls under non-contractual civil liability. This means it arises from violations of personal rights rather than breaches of contractual obligations. According to the Civil Code of Vietnam, individuals suffering from such violations are entitled to financial compensation to alleviate their emotional distress.
2. Cases Where Mental Damages Apply
Under Articles 590, 591, and 592 of the 2015 Civil Code, compensation for mental damages applies in the following cases:
2.1. Mental Damages Due to Health Violations
When a person’s health is harmed due to an unlawful act, the responsible party must compensate for both material and mental damages. To determine compensation, relevant medical records and documents provided by the victim are taken into account.
2.2. Mental Damages Due to Loss of Life
If a person loses their life due to another party’s wrongdoing, compensation includes:
- Medical expenses incurred before the victim’s death.
- Funeral expenses to cover a reasonable burial.
- Financial support for dependents of the deceased.
- Mental damages for the closest relatives of the deceased (usually primary heirs such as spouses, children, or parents).
2.3. Mental Damages Due to Violations of Honor, Dignity, and Reputation
A person whose honor, dignity, or reputation has been violated is entitled to compensation for mental distress. Courts may order the offender to publicly apologize and correct false information in addition to paying financial compensation.
In all these cases, courts assess damages based on the severity of the violation, evidence presented, and the psychological impact on the victim.
3. How Much Compensation for Mental Damages Is Granted?
The amount of compensation for mental damages varies depending on the type of violation. Vietnamese law sets maximum limits for compensation if the parties cannot reach an agreement.
3.1. Compensation for Mental Damages Due to Health Violations
According to Clause 2, Article 590 of the 2015 Civil Code:
- The liable party must pay a sum of money to compensate for the victim’s mental suffering.
- The amount is determined by mutual agreement between the parties.
- If no agreement is reached, the maximum compensation is 50 times the base salary set by the government.
Under Decree 73/2024/NĐ-CP, the base salary in Vietnam is 2.34 million VND per month. Therefore, the maximum compensation for mental damages due to health violations is:
2.34 million VND x 50 = 117 million VND
3.2. Compensation for Mental Damages Due to Loss of Life
According to Clause 2, Article 591 of the 2015 Civil Code:
- The liable party must compensate the closest relatives of the deceased for mental suffering.
- The amount is determined through negotiation.
- If no agreement is reached, the maximum compensation is 100 times the base salary.
With the current base salary of 2.34 million VND, the maximum compensation for mental damages in case of death is:
2.34 million VND x 100 = 234 million VND
3.3. Compensation for Mental Damages Due to Violations of Honor, Dignity, and Reputation
According to Clause 2, Article 592 of the 2015 Civil Code:
- The liable party must pay an amount to compensate for the victim’s emotional suffering.
- The amount is determined by negotiation.
- If no agreement is reached, the maximum compensation is 10 times the base salary.
Based on the current base salary, the maximum compensation for such violations is:
2.34 million VND x 10 = 23.4 million VND
4. Legal Basis and Court Application
Vietnamese courts consider multiple factors when determining compensation for mental damages, including:
- The severity of the harm caused.
- The evidence presented by the victim.
- The financial ability of the liable party.
- The social impact of the violation.
Courts may order additional remedies, such as public apologies, corrections of false statements, or cessation of harmful actions.
5. Key Takeaways for Victims Seeking Compensation
- Victims of mental damages in Vietnam are entitled to financial compensation under the Civil Code.
- Compensation varies by case type, with specific maximum limits if negotiations fail.
- Legal assistance may be necessary to collect evidence and ensure fair compensation.
- Courts may impose additional remedies beyond monetary compensation.
Understanding Vietnam’s legal framework on compensation for mental damages is crucial for both victims and legal professionals. If you or someone you know has suffered from such harm, consulting a legal expert can help ensure rightful compensation.
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