The Supreme People's Court of Vietnam: Benchbook Online

Main tasks and practical skills:

The Judge must consider legal liability in cases where the person who caused damage is a juvenile and in cases where the person responsible for compensation is did not directly cause the damage.

• Pursuant to Item 3 of Article 56 of the CPC, the defendant shall be a person against whom the plaintiff takes legal action when the plaintiff believes that person has infringed their rights and interests. However, pursuant to legal provisions on liability to pay compensation for damage, a person who causes damage shall not always be obliged topay compensation; therefore, the Judge should instruct the petitioner to take legal action against the correct person.
• In cases where a juvenile causes damage, liability for compensation shall be as follows:
  - If the person who caused the damage is under 15 years of age, their parents will be responsible for paying the compensation.  Where the assets of their parents are insufficient, the person who caused the damage must pay the compensation, using their own assets, if any.(Paragraph 1 of Item 2 of Article 606 of the Civil Code 2005).
  - .If the person who caused the damage is over 14 and under 18 years of age, they must use their own assets to pay the compensation.  Where their assets are insufficient, their parents shall have to pay the remainder.
• The guardian of an individual or an organization responsible for a juvenile or a person who has lost their capacity for civil acts will be responsible for paying the remainder of any amount of compensation not met by the assets of the person who caused damage; this is different from responsibility of parents.  The individual or organization will not have to pay the compensation if they are able to prove that they have not committed any fault in the matter.
• Noting that when vicarious liability for compensation has been resolved by the Court and is being enforced, the claim may be accepted by way of a new lawsuit, if the person who suffered the damage claims the compensation level being enforced is no longer suitable.
• A lot of lawsuits involving compensation for damages are transferred to the Court by the criminal investigation body. The Court must instruct the plaintiff to take a legal action in accordance with civil procedural laws.