The lawsuit against the National Economics University, demanding 36 billion in compensation: "Keeping a diploma for 30 years without returning it is a rare and unusual case"
Recently, the Hai Ba Trung District People's Court has just issued a notice to accept a civil case requesting compensation for non-contractual damages, according to the lawsuit filed by Mr. Duong The Hao (65 years old, residing in Vinh Hung Ward, Hoang Mai District, Hanoi ). The defendant is the National Economics University - the legal representative is Mr. Pham Hong Chuong, the school's Principal.
Mr. Duong The Hao said that the 30 years of demanding back his diploma from the National Economics University was an extremely difficult time. Photo: Gia Khiem
The reason for the lawsuit is that after completing the course, Mr. Hao did not receive his diploma and many important personal documents since 1989. It was only when he filed a lawsuit in court that the school returned his diploma along with his records and personal documents to him in 2019. Mr. Hao requested the National Economics University to pay him 36.696 billion VND in compensation.
Speaking with PV Dan Viet , Dr. Lawyer Dang Van Cuong (Chinh Phap Law Office, Hanoi Bar Association) said that the National Economics University may have to compensate former students if the plaintiff has grounds to prove that thiseducational institution was at fault and caused damage.
"According to the law, the issue of compensation for damages may arise when one party breaches the contract causing damage to the other party, or compensation for damages outside the contract due to faulty behavior, causing damage to other entities. In case of damage arising and the parties cannot reach an agreement, they can file a lawsuit in court for consideration and settlement according to the provisions of the law on civil proceedings," said lawyer Cuong.
Dr. Lawyer Dang Van Cuong (Chinh Phap Law Office, Hanoi Bar Association) said that the National Economics University may have to compensate former students if the plaintiff has grounds to prove that this educational institution was at fault and caused damage. Photo: Gia Khiem
According to lawyer Cuong, in civil cases that the court accepts to resolve compensation for non-contractual damages, perhaps the case of a former student suing the National Economics University for compensation of more than 36 billion VND for keeping his diploma for 30 years without returning it is a rare and unusual case.
According to the provisions of law, the parties have the right to file a lawsuit when there is evidence that their legitimate rights and interests have been violated. However, the law on civil proceedings also stipulates that the plaintiff has the right to file a lawsuit but also has the obligation to prove that his/her lawsuit request is well-founded and legitimate.
"Regarding the issue of compensation for non-contractual damages (between parties who did not have a previous contract, damages arising from civil and economic relations without prior agreement), the issue of civil compensation only arises when one party is at fault, causing damage to the other party," emphasized lawyer Cuong.
Lawsuit against National Economics University, claiming 36 billion in compensation: What does the plaintiff need to prove?
Lawyer Cuong also analyzed that Article 584 of the 2015 Civil Code stipulates the basis for liability to compensate for damages as follows: Anyone who commits an act of infringing upon the life, health, honor, dignity, reputation, property, rights, and other legitimate interests of another person and causes damage must compensate, except in cases where this Code or other relevant laws provide otherwise; The person causing damage is not liable to compensate for damages in cases where the damage arises due to force majeure or is entirely due to the fault of the damaged party, unless otherwise agreed or otherwise provided by law; In cases where property causes damage, the owner or possessor of the property must be liable to compensate for damages, except in cases where the damage arises according to the provisions of Clause 2 of this Article.
Mr. Duong The Hao's diploma was awarded by the National Economics University in 2019. Photo: Gia Khiem
"Thus, according to the provisions of law, compensation for non-contractual damages only occurs when there is damage and the fault of the entity causing the damage is present, unless otherwise provided by law. Therefore, in this case, the plaintiff has the right to file a lawsuit but is obliged to prove the damage that has occurred to him, and prove that the damage is directly caused by the fault of the educational institution.
If the plaintiff can prove that this educational institution was at fault and caused damage to his property, honor, dignity, and reputation with evidence recognized by the court, the plaintiff can win the lawsuit, the amount of compensation for damages will depend on the actual level of damage that can be proven," said lawyer Cuong.
On the contrary, according to the lawyer, if the plaintiff cannot prove that the educational institution is at fault, cannot prove that damage has occurred or that the damage occurred due to the direct fault of the defendant, the court will dismiss the lawsuit.
The lawyer also stated that during the process of resolving the case, the court will request the parties to provide documents and evidence. If necessary, the court will verify and collect evidence to clarify how the training process of this educational institution was carried out, when the plaintiff was recognized as a graduate, why the plaintiff did not receive the diploma, before filing the lawsuit, did the plaintiff request the school to award the diploma or not, and why did the plaintiff not receive the diploma until 2019?
"In practice, at educational institutions, there are many cases of students who are not qualified to graduate or have graduated but do not come to receive their diplomas. In cases where students have graduated and have a diploma but the educational institution does not issue or award the diploma to the student, this is rare and the reason must be clarified. According to the law, after students meet the conditions for graduation recognition, they will be granted a diploma and awarded the diploma according to regulations.
In practice, educational institutions have always organized graduation ceremonies and awarded diplomas to students. I do not understand why the plaintiff in this case was not present or was present but was not awarded a diploma? How are all the issues regarding the training process, the diploma granting process, the conditions and procedures for granting diplomas as well as the actual process of granting and receiving diplomas carried out?", lawyer Cuong asked.
In addition, lawyer Cuong informed that if the plaintiff proves that the National Economics University (defendant) was at fault and caused damage to himself, the court will accept the lawsuit, but the extent of the damage will depend on the evidence.
To prove damages that the court can accept, it is also necessary to prove the causal relationship between the cause and the effect of the damages. Those damages must be determined on the basis of evidence, originating from the direct cause on the part of the school, which is the delay in handing over the diploma to the student.
"This is a complicated case that requires clarification of many issues, including the training process, the certification procedure, the fault factor, and especially the material and mental damages that may arise. Only on that basis can the case be resolved correctly, fairly, and legally. The outcome of the case will be based on the results of the public debate at the upcoming trial, on the basis of the evidence provided by the parties, as well as the evidence collected by the court during the case resolution process," added lawyer Cuong.
The court said that Mr. Duong The Hao was a full-time student of the Faculty of Industrial Economics, K26-27, at the National Economics University . In 1989, Mr. Hao completed his graduation exam with all subjects. After completing the course, from 1989, Mr. Hao did not receive his diploma and many important personal documents. It was only when he filed a lawsuit that the school returned his diploma along with his records and personal documents.
The actions of the National Economics University have caused a series of consequences and damages to Mr. Duong The Hao and his family for a long time. In the lawsuit sent to the court, Mr. Hao listed in detail the amounts of money he requested the school to compensate, including: Loss of income from salary of 4.5 billion VND; loss of income outside of salary of 1.5 billion VND; damage to spirit, reputation, and honor of 2.5 billion VND; loss of opportunity to continue studying and improving professional skills of 3.6 billion VND; loss of opportunity to enjoy policies and incentives for veterans of 2.7 billion VND; loss of ownership and disposal of essential assets of 7.5 billion VND.
Mr. Hao requested the National Economics University to compensate for the loss of his university degree and personal records, which caused him to lose the right to participate in establishing and owning a business, and managing the business, in the amount of 5.4 billion VND. The 65-year-old man also requested the university to compensate for the cost of birth certificates, admission for his children; the cost of claiming documents, hiring lawyers, the cost of repairing his marriage, the loss of family happiness, etc. The total damage that Mr. Hao requested the National Economics University to compensate was 36.696 billion VND.
Source: https://danviet.vn/vu-kien-dh-kinh-te-quoc-dan-doi-boi-thuong-36-ty-khi-nao-truong-phai-boi-thuong-thiet-hai-20241022145417704.htm
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