Lawyer talks about compensation for
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According to
the local fire department, the fire started from a motorbike in the
thousand-square-metre basement. The investigation agency also collected all
camera recordings and took statements from people around, and will complete
the forensic examination soon.
Lawyer
Nguyen Anh Thom said that the investigation agency needs to identify the
causes of the fire. The investigation results will serve as the foundation to
prosecute violators in case an offense is uncovered.
If the owner
of the vehicle catching fire is found to have caused the fire intentionally, they will be charged with murder (Article
123) and the deliberate destruction of property (Article 178 of the Criminal
Code 2015).
If the
person who caused the Carina
Plaza fire did it from
opposition to the people’s government, they would be charged with terrorism
to oppose the people’s government according to Article 113.
If the fire
was caused by electrical fire in the basement, it would need to be specified
whether the power manager violated regulations on fire prevention. If there
is an offense, the power manager would be held responsible in relation to
regulations of law on fire safety and fire fighting in Article 313.
If the
investigation agency finds that someone caused this fire either intentionally
or unintentionally, they will have to pay compensation in addition to
criminal responsibilities, according to Article 589, 590, and 598.
In
accordance with Decree No.23/2018/ND-CP dated February 23, 2018 on compulsory
fire and explosion insurance, apartments, hotels, and guest houses which are
higher than five floors must purchase compulsory insurance. Thereby, all
damages will be paid by the insurance agency in line with regulations.
However,
insurers could deny liabilities for risks in some cases, such as natural
disasters, political events or security, social order, and safety reasons
behind intentional violations of the regulations on fire prevention as the
direct cause of the fire and explosion.
Article
313: Offences against regulations of law on fire safety and fire fighting
1. Any
person who violates regulations of law on fire safety or fire fighting in
any of the following cases shall face a penalty of up to 03 years'
community sentence or 02-05 years' imprisonment:
a) The
offence results in the death of 01 person or bodily harm to 01 person who
suffers from ≥ 61 per cent physical disability;
b) The
offence results in bodily harm to 02 people, each of whom suffers from
31-60 per cent physical disability;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total
physical disability of 61-121 per cent;
d) The
offence results in property damage of from VND100,000,000 to under
VND500,000,000.
2. This
offence committed in any of the following cases shall carry a penalty of
05-08 years' imprisonment:
a) The
offence results in the death of 02 people;
b) The
offence results in bodily harm to 02 people, each of whom suffers from 61
per cent physical disability or more;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total
physical disability of 122-200 per cent;
d) The
offence results in property damage of from VND500,000,000 to under
VND1,500,000,000.
3. This
offence committed in any of the following cases shall carry a penalty of
07-12 years' imprisonment:
a) The
offence results in the death of ≥ 03 people;
b) The
offence results in bodily harm to 03 people, each of whom suffers from 61
per cent physical disability or more;
c) The
offence results in bodily harm to ≥ 03 people who suffer from a total
physical disability of ≥ 201 per cent;
d) The
offence results in property damage of ≥ VND1,500,000,000.
4. If this
offence results in bodily harm to 01 person who suffers from 31-60 per cent
physical disability, or bodily harm to ≥ 02 people who suffer from a total
physical disability of 31-60 per cent, the offender shall face a penalty of
up to 02 year's community sentence or 03-24 months' imprisonment.
5. If this
offence is likely to cause harm to life, health or property of other people
and is not promptly prevented, the offender shall face a penalty of up to
01 year's community sentence or 03-24 months' imprisonment.
6. The
offender might also be liable to a fine of from VND10,000,000 to
VND50,000,000 or prohibited from holding certain positions or doing certain
jobs for 01-05 years.
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