After more than 15 years of implementation, Resolution 03/2006/NQ-HDTP guiding the application of a number of provisions of Civil Code 2005 on compensation for non-contractual damage promulgated by the Judges’ Council of the Supreme People’s Court (Resolution 03) has revealed many obstacles and inadequacies. To overcome the above obstacles and inadequacies, the Supreme People’s Court is drafting a Draft Resolution guiding the application of a number of provisions of the Civil Code 2015 on compensation for non-contractual damage (Draft Resolution) to replace Resolution 03. Some outstanding provisions of the latest Draft Resolution (the 2nd Draft which was uploaded on the Government Portal on August 5, 2021) are as follows:
(i) Grounds giving rise to damage compensation liability;
(ii) Principles of compensation for damage;
(iii) The statute of limitations for initiating a claim for damage compensation.