The law provides as follows:
1. Reasonable expenses for medical treatment, convalescence, restoration of health, and recovery of impaired or lost bodily functions of the aggrieved person shall include:
a) Expenses for medical examination and treatment in accordance with the law on medical examination and treatment; expenses for hiring transportation to bring the aggrieved person to and from medical facilities.
b) Convalescence expenses for the aggrieved person, calculated at the rate of one (01) regional minimum daily wage for each day of medical examination and treatment, based on the number of treatment days recorded in the medical file.
c) Expenses for the restoration of health and impaired or lost bodily functions, including costs of rehabilitation, support, or replacement of impaired or lost bodily functions of the aggrieved person.
2. Actual lost or diminished income of the aggrieved person shall be determined as follows:
a) Where the aggrieved person has stable income from salary or wages, such income shall be determined based on his/her salary or wages during the period of lost or diminished earning capacity.
b) Where the aggrieved person has unstable income from salary or wages, such income shall be determined based on the average salary or wages of the three (03) consecutive months immediately preceding the time of damage.
In cases where such average cannot be determined, reference shall be made to the average income of workers of the same type in the locality during the period of lost or diminished earning capacity.
If the average income of workers of the same type in the locality cannot be determined, compensation for lost or diminished actual income shall be calculated at the rate of one (01) regional minimum daily wage at the place of residence of the aggrieved person for each day of damage.
The regional minimum daily wage shall be calculated by dividing the regional minimum monthly wage prescribed by the State by twenty-six (26) days.
3. Reasonable expenses and actual lost income of the caregiver of the aggrieved person shall be determined as follows:
a) Reasonable expenses for the caregiver during the period of treatment of the aggrieved person, including transportation expenses and accommodation costs at average local rates at the place of treatment (if any).
b) Actual income lost by the caregiver during the treatment period.
c) Where the aggrieved person loses working capacity and requires constant care, the reasonable expense for caregiving shall be determined at the rate of one (01) regional minimum daily wage at the place of residence of the aggrieved person for each day of caregiving.
Note:
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As of July 1, 2024, the statutory base salary is VND 2,340,000.
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Compensation for mental suffering caused by health infringement: 50 times the statutory base salary, up to VND 117,000,000.
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Depending on the seriousness of the injury and negotiations with the injured party, the person causing the injury may face three types of liability:
(1) Criminal liability;
(2) Civil liability for compensation (as provided above);
(3) Administrative liability in the form of sanctions for administrative violations.
Legal grounds:
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Article 590, Civil Code 2015;
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Article 7, Resolution No. 02/2022;
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Article 7, Decree No. 73/2024/ND-CP.
