In the course of production, business, or daily life, unforeseen incidents such as occupational accidents, construction incidents, traffic accidents, or natural disasters may unexpectedly occur, causing damage to people and property. However, in practice, many individuals and organizations still lack a clear understanding of the legal provisions regarding eligibility for compensation, the scope of compensation, and related legal issues. The following article by NPLaw provides detailed consultation on current compensation policies in cases of incidents.
I. The need for legal advisory on compensation policies in cases of incidents
In the context of increasingly complex socio-economic life, incidents causing damage to people, property, or the environment are becoming more frequent, diverse in nature and scale, ranging from traffic accidents, workplace accidents, explosions, to risks in investment and business activities or force majeure such as natural disasters.
When incidents occur, determining liability for compensation and ensuring the rights of the affected parties becomes a pressing requirement, as well as a legal matter of particular social concern.
In fact, many individuals and organizations face difficulties in accessing and understanding compensation-related legal provisions and are not sufficiently equipped to protect their legitimate rights and interests.
Therefore, the demand for legal advisory on compensation policies in cases of incidents, including guidance on procedures and specific explanations, is essential. It plays an important role in mitigating losses, ensuring fairness, and strengthening the effectiveness of legal enforcement.
II. Legal provisions on compensation policies in cases of incidents
1. What is an incident?
Vietnamese law does not provide a uniform definition of incident across all sectors. Depending on the specific legal framework, an incident is generally understood as an abnormal, unintended event causing damage to people, property, the environment, or disrupting normal activities.
For example:
- Pursuant to Clause 7, Article 3 of the Law on Occupational Safety and Hygiene 2015, a serious technical incident causing occupational safety and hygiene loss refers to a major incident occurring on a large scale, beyond the response capacity of enterprises, agencies, organizations, or localities, or involving multiple entities or localities.
- Under Clause 14, Article 3 of the Law on Environmental Protection 2020, an environmental incident is an incident arising during human activities or natural changes, causing severe pollution, degradation, or transformation of the environment.
2. What is compensation? What conditions must be met to be entitled to compensation?
Compensation for damages refers to the obligation of the liable party to pay for actual losses suffered by the injured party, with the purpose of restoring the injured party’s assets, rights, or health to the condition prior to the incident.
According to the Civil Code 2015 (Articles 584 to 592), in order for an individual or organization to be entitled to compensation for non-contractual damages (tort liability), the following conditions must be satisfied:
- Actual damage has occurred (to assets, health, life, honor, dignity, etc.);
- An unlawful act by the liable party (e.g., violation of occupational safety regulations, causing traffic accidents, etc.);
- A causal connection between the act and the damage;
- Fault of the liable party, except in cases of strict liability (e.g., owners of animals, owners/operators of vehicles, etc.).
3. Is compensation always available when incidents occur?
Entitlement to compensation depends on the cause of the incident, the object, the responsible party, and the type of damages incurred:
- If the incident was caused by the fault of a specific individual or organization, that party must provide compensation under the Civil Code.
- If the incident occurred in the workplace, employees may be entitled to compensation for occupational accidents under the Law on Occupational Safety and Hygiene 2015, and receive benefits from occupational accident insurance.
- If the incident was caused by natural disasters, epidemics, or force majeure, no individual may be liable under civil law, but victims may receive State support under social welfare policies.
Thus, not every incident automatically entitles the victim to compensation; it depends on cause, liability, and applicable legal provisions. In many cases, victims may request competent authorities or organizations to determine liability and assist in filing compensation claims.
III. Questions on compensation policies in cases of incidents
1. What damages can be compensated when incidents occur?
Depending on the nature of the damage, compensation may include:
- Property damage: Costs of repairing or replacing damaged or lost property; losses from production or business interruptions (if applicable).
- Health damage: Medical expenses, rehabilitation costs, medication, hospitalization fees, and lost or reduced income during treatment.
- Mental suffering: The liable party may be required to pay a sum to compensate for emotional distress, as agreed by the parties or determined by the court.
- Loss of life: Funeral costs, support for dependents of the deceased, and compensation for mental suffering of close relatives.
Additionally, in specific cases such as occupational accidents, medical malpractice, or natural disasters, victims may also receive further support from the State, insurers, or social organizations.
2. Can courts resolve disputes on compensation?
Where parties cannot agree on liability and the amount of compensation, the injured party may initiate a lawsuit before the competent People’s Court.
Legal basis: Articles 26 and 35 of the Civil Procedure Code 2015 provide that courts have jurisdiction over disputes concerning non-contractual compensation for damages. The statement of claim must specify: the liable party, the extent of damage, the compensation claim, and supporting evidence.
3. Can victims claim compensation if the incident was caused by their own fault?
Pursuant to Article 585 of the Civil Code 2015: where the injured party is at fault for causing the damage, they shall not be compensated for the portion of the damage attributable to their own fault.
Accordingly:
- If the incident was entirely due to the victim’s fault, they have no right to claim compensation.
- If there is shared fault (contributory negligence), i.e., both the victim and the service provider/liable party were negligent, the victim may still claim compensation, but the amount will be reduced proportionally to their degree of fault.
4. What is the statute of limitations for claiming compensation?
The statute of limitations for initiating a lawsuit to claim damages is 03 years from the date the injured party knew or should have known that their lawful rights and interests were infringed (Article 588 of the Civil Code 2015).
5. What should customers do if a beauty clinic refuses to compensate?
In such a case, customers may:
1. Negotiate or mediate by submitting a request to the clinic for compensation.
2. File complaints with competent authorities, such as the Department of Health, Medical Inspectorate, or the Ministry of Health’s Department of Medical Examination and Treatment Management, if violations of professional regulations are suspected.
3. File a civil lawsuit at court to claim compensation for damages caused by service providers.
4. File a criminal complaint with the police if there are signs of fraud, forgery of practice licenses, or violations endangering life, where criminal liability may be applicable.
IV. Legal advisory services on compensation policies in cases of incidents
The above is detailed guidance provided by NPLaw to assist clients regarding compensation policies applicable in cases of incidents. Should you have any further inquiries regarding the above matters or other legal issues, please contact NPLaw for direct consultation and guidance from our legal team.
