Proposed compensation ceiling for underage victims is maximum 100 times the basic salary

Hà Lê |

The Ministry of Health proposes to set a compensation ceiling for minors who are victims at a maximum of 100 times the basic salary.

The Ministry of Health is drafting a Decree detailing compensation for minors who are victims. According to the draft, minors are victims of violations of life and health that need timely treatment at medical examination and treatment facilities.

The draft Decree aims to perfect the legal system for minors, ensuring that minors who are victims are better protected in the legal process with the principle of the best interests of minors.

At the same time, clearly stipulate the responsibilities of competent authorities, conditions, records, processes, and procedures for using funds from the Children's Support Fund for minors who are victims of violations in life and health that require timely treatment but the compensator cannot immediately compensate and the obligation to return the Fund to the person with the compensation obligation.

According to the draft, the use of funds from the Children's Support Fund is carried out when the following conditions are met:

Juvenile people who are victims of violations of their lives and health need to be treated promptly at medical examination and treatment facilities.

Compensants are in one of the following cases: Poor household or near-poor household; dead; Loss of civil act capacity or limited civil act capacity; People with difficulty in perception, mastery of behavior; Being detained, temporarily detained, wanted, serving a prison sentence; Not yet determined who is responsible for compensation; No funding source for immediate compensation.

The draft clearly states that the maximum expenditure for minors who are victims of violations of life and health must not exceed 100 times the basic salary prescribed by the State.

With the current basic salary of VND 2,340,000, the maximum expenditure is VND 234 million.

It is expected that the Ministry of Health will submit to the Government for promulgation a Decree before October 15 and the Decree will take effect from January 1, 2026, at the same time as the Law on Juvenile Justice takes effect.

According to the draft, minors who are victims of violations of their lives and health and need timely treatment are cases that need to be treated at medical examination and treatment facilities due to violations of their physical and mental health.

Hà Lê
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