Exemption from compensation for damage arising from high-risk artificial intelligence systems

Lawyer Ho Thu Trang, YouMe Law Company Limited answers:

Point a, Clause 1, Article 9 of the 2025 Law on Artificial Intelligence (effective from March 1, 2026) stipulates: High-risk artificial intelligence systems are systems that can cause significant damage to life, health, legitimate rights and interests of organizations and individuals, national interests, public interests, and national security.

Article 29 of the 2025 Law on Artificial Intelligence stipulates the handling of violations and compensation for damages as follows:

1. Organizations and individuals who violate the provisions of this Law and other provisions of law related to artificial intelligence, depending on the nature, severity, and consequences of the violation, shall be subject to administrative sanctions or criminal prosecution, if causing damage, they must compensate according to the provisions of civil law.

2. In case the high-risk artificial intelligence system is managed, operated and used in accordance with regulations but still causes damage, the implementer must be responsible for compensating the damaged person. After compensation, the implementer requests the provider, developer or related parties to return the compensation amount if there is an agreement between the parties.

3. The responsibility for compensation for damages specified in Clause 2 of this Article is exempted in the following cases:

a) Damage occurs entirely due to the intentional fault of the victim;

b) Damage occurs in force majeure or emergency situations, unless otherwise provided by law.

4. In case the artificial intelligence system is invaded, controlled or illegally interfered with by a third party, the third party must be responsible for compensating for damages. In case the deployer or provider is at fault in allowing the system to be invaded, controlled or illegally interfered with, they must jointly compensate for damages according to the provisions of civil law.

5. The Government shall specify the penalties for administrative violations for violations caused by artificial intelligence systems.

Thus, from March 1, 2026, the implementing party will be exempted from compensation for damages arising from the artificial intelligence system in cases specified above.