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The Supreme People's Court of Vietnam: Benchbook Online

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2.5.1. Compensation for damage caused by sources of extreme danger


Related legal documents
  • Civil Code 2005 (Article 623)
  • Resolution No. 01/2004/NQ-HDTP dated 28 April 2004 (Part III)

  • Main tasks and practical skills:

    • This is a typical case of compensation for non-fault damages. However, the owner or possessor of a source of extreme danger shall not have to pay compensation in all circumstances; there are circumstances where responsibility for compensation is excluded (Item 3 of Article 627 of the Civil Code 1995; Item 3 of Article 623 of the Civil Code 2005) and circumstances where both the owner and possessor have to pay compensation jointly (Item 4 of Article 627 of the Civil Code 1995; Item 4 of Article 623 of the Civil Code 2005).
    • Laws provide for a number of circumstances where compensation is resolved by agreement reached with the owner and possessor of the source of extreme danger. However, note that such agreement must not be contrary to law and social morals. It must not be used for evading the responsibility for compensation.