The current law of Vietnam regulates that each person has the imprescriptible rights of and preservation of their honour and dignity, and has regulations and the settlement of compensation for damage caused by harm to honor, dignity. Therefore, an individual whose honor, dignity is adversely affected shall seek regulations and the settlement of compensation for damage caused by harm to honour, dignity to protect themselves against infringements. Regulations and the settlement of compensation for damage caused by harm to honour, dignity under Vietnamese laws allows individual whose honour and dignity is infringed to request the infringing person providing such information publicly apologise, correct and claim damages in case any actual damage occurs. This Article will only focus on current regulations and the settlement of compensation for damage caused by harm to honour, dignity.
Regulations and the settlement of compensation for damage caused by harm to honour, dignity is specifically stated at Article 584.1 of Civil Code 2015 as follows: “A person harming the life, health, honour, dignity, reputation, property, or other legal rights or interests of another person, thereby causing loss and damage, must compensate, unless otherwise provided by this Code and other relevant laws”. Regulations and the settlement of compensation for damage caused by harm to honour, dignity at this Article can be understood that a person has to abandon to regulations and the settlement of compensation for damage caused by harm to honor, dignity when (1) having the act of causing damage is treated as the violation of honor, dignity and reputation of another person; (2) there is the actual damage happened and (3) there is a causality between such violation and that actual damage happened.
In accordance with the regulations and the settlement of compensation for damage caused by harm to honour, dignity, the level of compensation for damage caused by harm to the honor, dignity shall comprise of:
- Reasonable costs for mitigating and remedying the damage;
- Loss of or reduction in the actual income;
- Another loss and damage as prescribed by law; and
- Another amount of compensation for mental suffering the aggrieved person incurred. Such amount of compensation shall be agreed by the parties, if not, the maximum amount shall not exceed ten-month base salary specified by the State.
It should be noted that the statute of limitation for initiating legal action claiming compensation for damage caused by harm to honor, dignity under regulations and the settlement of compensation for damage caused by harm to honour, dignity shall be 03 years from the date on which the person having right to request compensation knew or should have known that their honor and dignity were violated.
Above is an overview of regulations on and the settlement of compensation for damage caused by harm to honour, dignity in Vietnam in the current. If you have trouble with legal issues regarding the regulations on and the settlement of compensation for damage caused by harm to honour, dignity 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 civil litigation service.
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