Cattle that cause death in traffic accidents in Vietnam, cattle owners can be imprisoned for up to 10 years?

Hello, last Saturday, I was driving a motorbike and running on a village road, going to a corner, I happened to be hit by a cow, causing serious damage to my car, and the cow I broke my leg, the owner of the cow asked me to compensate for causing the cow's leg to break. Could you please tell me who should compensate in this case?

How will you be penalized for leading animals into the wrong part of the road?

Pursuant to Article 34 of the 2008 Road Traffic Law, which regulates the person who leads an animal on the road, accordingly:

- The person who leads the animal on the road must keep the animal close to the road edge and ensure the road's hygiene; In case animals need to cross the road, they must observe and only cross the road when there are enough safe conditions.

- Do not lead animals into the roadway reserved for motor vehicles.

Pursuant to Point b, Clause 1, Article 10 of Decree 100/2019/ND-CP providing for penalties for administrative violations in case of leading animals on the wrong side of the road, accordingly:

Article 10. Penalties for drivers, animal guides, or cart operators violating road traffic rules
1. A fine of between VND 60,000 and VND 100,000 shall be imposed for one of the following violations:
d) Driving or leading animals on the wrong side of the road, entering a prohibited road, a prohibited area, or entering a road section of a motor vehicle;”

Accordingly, for cases of leading animals on the wrong side of the road, they can be fined from 60,000 VND to 100,000 VND.

Cattle that cause death in traffic accidents in Vietnam, cattle owners can be imprisoned for up to 10 years?

Cattle that cause death in traffic accidents in Vietnam, cattle owners can be imprisoned for up to 10 years?

Penalties in case of grazing cattle on the road causing fatal accidents in Vietnam?

In case the owner leads the animal on the wrong road on the wrong side of the road, causing a fatal traffic accident, he may be examined for penal liability for the crime of "inadvertently causing death" according to the provisions of Article 2 of this Law. 128 Penal Code 2015 as follows:

Article 128. Crime of unintentionally causing death
1. Those who unintentionally cause death shall be sentenced to non-custodial reform for up to 3 years or a prison term of between 1 and 5 years.
2. Committing the crime and causing death of 2 or more people, the offenders shall be sentenced to between 3 and 10 years of imprisonment.”

Accordingly, in cases where the crime results in the death of 2 or more people, the offenders may be sentenced to between 3 and 10 years of imprisonment.

Compensation for damage in the case of grazing animals on the road but not causing a fatal accident?

- In case the animal subject causes an accident that does not cause damage to health or life but causes damage to property:

Pursuant to the provisions of Article 589 of the 2015 Civil Code, property compensation includes:

Article 589. Damage caused by infringing property
Damage caused by infringing property includes:
1. Property is lost, destroyed or damaged.
2. Benefits associated with the use and exploitation of lost or reduced properties.
3. Reasonable costs to prevent, limit and remedy damage.
4. Other damage prescribed by law.”

- In case of grazing animals causing fatal accidents in Vietnam:

Pursuant to the provisions of Article 591 of the 2015 Civil Code, the compensation for loss of life caused by infringing is as follows:

“Article 591. Damage caused by infringement of life
1. Damage caused by infringing life includes:
a) Damage caused by infringing upon health as prescribed in Article 590 of this Code;
b) Reasonable expenses for burial;
c) Alimony for those for whom the aggrieved person is obliged to support;
d) Other damage prescribed by law.
2. Persons responsible for compensation in case other people's lives are infringed must compensate for damage as prescribed in Clause 1 of this Article and another sum of money to compensate for the mental loss of their loved ones. of the first-order heirs of the aggrieved person, if there are no such persons, the person whom the aggrieved person has directly raised and the person who has directly raised the aggrieved person is entitled to this sum. The level of compensation for mental loss shall be agreed upon by the parties; if no agreement is reached, the maximum level for a person whose life is infringed shall not exceed one hundred times the base salary prescribed by the State.”

- In the case of grazing animals causing traffic accidents in Vietnam that do not cause loss of life such as damage to health:"

Pursuant to the provisions of Article 590 of the Civil Code 2015 on compensation for damage caused by infringing health as follows:

Article 590. Damage caused by infringing health
1. Damage caused by infringing health includes:
a) Reasonable expenses for the treatment, fostering and restoration of health and lost or reduced functions of the aggrieved person;
b) The actual lost or reduced income of the aggrieved person; if the actual income of the aggrieved person is unstable and cannot be determined, the average income of the same type of worker shall apply;
c) Reasonable expenses and actual lost income of the carer of the damage sufferer during the treatment period; if the aggrieved person loses his working capacity and needs someone to take care of him regularly, the damage includes reasonable expenses for taking care of the aggrieved person;
d) Other damage prescribed by law.
2. The person responsible for compensation in case the health of another person is violated must pay compensation for damage as prescribed in Clause 1 of this Article and another sum of money to make up for the mental loss suffered by that person. . The level of compensation for mental loss shall be agreed upon by the parties; if no agreement can be reached, the maximum level for a person whose health is infringed shall not exceed fifty times the base salary prescribed by the State."

In addition, the owner of the herd may also be forced to compensate for the emotional damage of the victim. The level of compensation for mental loss will be agreed upon by the parties, if no agreement is reached, the maximum level for a person whose health has been violated shall not exceed five ten times the base salary prescribed by the State.

Thus, the act of grazing animals on the wrong part of the road is a violation of the law, in case of a traffic accident, if there is damage to property, the owner of the animal must compensate according to the law. provisions of law. So in your case, the owner of the cow will have to compensate you for the damage to the car.

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