In Vietnam, How to calculate damages to compensate for violated health?

Article 590 of the Civil Code stipulates that damages due to damage to health include costs for treating the damaged person and actual lost income; expenses of the person taking care of the injured person and other damages.

The Council of Judges of the Supreme People's Court in Resolution No. 02/2022/NQ-HDTP (effective from January 1, 2023) guides the determination of damages due to violations of health specified in Article 590 of the Civil Code as follows:

1. Reasonable costs for treatment, training, and restoration of health and lost or reduced functions of the damaged person include:

a) Medical examination and treatment expenses according to the provisions of law on medical examination and treatment for damaged people; Rent a vehicle to take the injured person to the medical facility and back to their place of residence;

b) The cost of health care for the damaged person is determined as 01 day of regional minimum wage at the medical examination and treatment facility for 01 day of medical examination and treatment according to the number of days in the medical record;

c) Costs for restoring lost or reduced health and functions are costs for restoring, supporting, and replacing part of the lost or reduced body function of the person who has suffered damage.

2. The actual lost or reduced income of the damaged person is determined as follows:

a) In case the person suffering damage has a stable income from salary or wages, it will be determined according to the salary or wages of the person suffering damage during the period of time the salary or wages are lost or reduced. ;

b) In case the person suffering damage has unstable income from salary or wages, it is determined based on the average salary and wages of the 03 consecutive months before the time the damage occurred. In case the 03 consecutive months' salary before the time the damage occurred cannot be determined, it is based on the average income of workers of the same type in the locality during the period of actual loss or decrease in income. If the average income of workers of the same type in the locality cannot be determined, the actual lost or reduced income will be compensated at the rate of 01 day's regional minimum wage in the place where the victim resides for 01 day of loss. damages.

The regional minimum wage day is determined as 01 month of the regional minimum wage prescribed by the State divided by 26 days.

3. Reasonable expenses and actual lost income of the person taking care of the victim are determined as follows:

a) Reasonable expenses for the person taking care of the damaged person during the treatment period include: train, car, and motel rent at the average price in the locality where the damaged person is treated (if any). );

b) Actual lost income of the person taking care of the victim during the treatment period (determined as for the victim in terms of actual lost income);

c) In case the damaged person loses the ability to work and must have someone regularly take care of him/her, the reasonable cost for taking care of the damaged person is determined to be 01 day of the regional minimum wage in the place where the damaged person is located. residence for 01 day to take care of the victims.