The provisions of the civil laws of Vietnam provide many methods of civil rights protection. Where the civil right of an individual or a legal entity is violated, such subject has the right for self-protection in accordance with the provisions of law or requests a competent agency or organization to support, implement the ways of protection[1]. One of them is compensation for damage. In this circumstance, the form for the claim on compensation for damages will be one of the ways for a party whose interests are infringed claims an infringing party to compensate damages. The party whose civil right is violated needs to correctly fill in the information in the form for the claim on compensation for damages to submit it to the competent agency to settle issues related to the demand for compensation for damage.
The below are necessary notes and the form for the claim on compensation for damages for reference to draft the form for the claim on compensation for damages.
Firstly, in the part of the recipient in the form for the claim on compensation for damages, the applicant needs to write the name of the agency responsible for settling the demanding compensation for damage.
Secondly, the information of the applicant in the form for the claim on compensation for damages needs to be filled clearly and fully. In case the aggrieved party is an individual, the filled information is information of such individual, or legal representative of the aggrieved party being a minor or being lost the capacity for civil acts, etc., or the heir in case of death of the aggrieved party. In the case of an organization, the name of the organization and the full name of the legal representative of such organization will be filled in the form for the claim on compensation for damages.
Fourthly, the part of damage listed in the form for the claim on compensation for damages needs to be stated clearly and in particular as well as attached the evidence to prove such damage. The applicant should base the guiding regulations on the definition of damage to property, life, health, or actually lost income, etc.
Finally, the applicant needs to sum up all the amount proposed for compensation in the form for the claim on compensation for damages to request the competent agency to consider and settle the above-mentioned damages in accordance with the laws.
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
AN APPLICATION FOR THE CLAIM ON COMPENSATION FOR DAMAGES
Respectfully to: ……………………………………
My name is: ………………………………………………………………
Date of birth: ……………………………………………………………………….……
ID/Citizen’s card/Passport: ………………… Dated issued: ……… By: …………
Address: …………………………………………………………………………………….
Regarding the determination of illegal acts of ………, I request the Agency to consider and settle compensation for damage in accordance with the provisions of Law ………, including the following clauses:
- Damage due to property infringed (if any)
Name of the property: ……………………………………………………………………….
Property characteristics: …………………………………………………………………….
Property status: ………………………………………………………………………………
Property value when buying: ………………………………………………………………..
Property value when infringed: ………………………………………………………………..
Damage caused by not using or exploiting the property (if any): ……………………………
(Enclosing the evidence which proves such property mentioned above if any)
The amount of claim: ……………………………………………………………………….
- Actual lost or reduced income (if any): ……………………………………………………
(Enclosing the evidence which proves actually lost or reduced income)
- Damage caused by spiritual losses (if any): ………………………………………………
- Damage caused by harming health (if any): ……………………………………………….
- Level of harming health (if any): …………………………………………………………
- a) Reasonal expenses for the treatment, fostering, and restoration of health and function lost or reduced, including: …………………………………………………………………..
(Enclosing the medical records, invoices, documents, certificates related to the expenses mentioned above)
- b) Reasonable expenses and actually lost income of caretaker of the aggrieved party during the treatment period (if any): ………………………………………………………………..
(Enclosing the evidence which proves such amount mentioned above)
- c) The aggrieved party loses his/her ability to work (if any)
– Reasonable expenses for the person who regularly takes care of the aggrieved party (if any)
– Support amount for those who are supported by the aggrieved person in accordance with their obligations (if any): ……………………………………………………………………
(Enclosing the evidence which proves such amount mentioned above)
- Total amount of claimed compensation: …………………………………………………
Please consider and settle my claim for the damages mentioned above in accordance with laws./.
………, date…month…year…
| The applicant(Sign and write full name) |
Above is an introduction of the form for the claim on compensation for damages. If you have trouble with legal issues regarding the form for the claim on compensation for damages, 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.
[1] Article 11 the Civil Code 2015
