THE JUDGES' COUNCIL OF THE SUPREME PEOPLE'S COURT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom Happiness
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No. 01/2004/NQ-HDTP
Hanoi, April 28, 2004
 RESOLUTION
GUIDING THE APPLICATION OF A NUMBER OF PROVISIONS OF THE CIVIL CODE REGARDING COMPENSATION FOR DAMAGE OUTSIDE CONTRACT
THE JUDGES' COUNCIL OF THE SUPREME PEOPLE'S COURT
Pursuant to the Law on Organization of People's Courts;
In order to correctly and uniformly apply the provisions of the Civil Code to settling disputes over non-contractual damage compensation;
After reaching agreement with the chairman of the Supreme People's Procuracy and the Minister of Justice,
RESOLVES:
I. ON GENERAL PROVISIONS
1. Damage compensation liability
Under the provisions of Article 609 of the Civil Code, according to the general principle the liability for non-contractual damage compensation shall arise only when all of following factors are involved:

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1.1. There must be damage inflicted.
Damage includes material damage and damage caused by mental sufferings.
a/ Material damage includes damage caused by infringements upon property prescribed in Article 612 of the Civil Code; damaged caused by infringements upon health prescribed in Clauses 1
b/ Damage caused by mental sufferings to individuals is understood as that due to infringements upon their health, honor, dignity and/or reputation, the damaged persons, or due to infringements upon life, the closest relatives of the victims, suffer from grief, sorrow, emotional loss, have their reputation diminished or lost, are stunned away or misunderstood by their friends' and must be compensated a sum of money for the sufferings inflicted on them.
Damage caused by mental sufferings to legal persons and other subjects other than legal persons (called collectively organizations) is understood as due to infringements upon their honor and/or reputation, such organizations have their credibility, trust' diminished or lost due to misunderstanding and must be compensated a sum of money for the sufferings inflicted on them.
 

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