Is the act of deliberately refusing to rescue victims of traffic accidents in Vietnam prohibited? How much is the fine for failure to assist a road accident victim?
Is the act of deliberately refusing to rescue victims of traffic accidents in Vietnam prohibited?
According to Article 8 of the 2008 Law on Road Traffic in Vietnam (amended by Clause 1, Article 35 of the 2019 Law on Prevention and Control of Harmful Effects of Alcoholic Beverages), the prohibited acts in the field of road traffic are as follows:
- Destroying roads, road bridges, tunnels and ferry landing stages, light signals, marker posts, signs, dome mirrors, median strips, water drainage systems and other works and equipment of road traffic infrastructure.
- Illegally digging, drilling and cutting roads; illegally placing or erecting hurdles on roads; placing and spreading pointed objects, pouring lubricants on roads; illegally leaving materials, wastes and garbage on roads; illegally opening passages and linking to main roads; illegally encroaching, occupying or using land of roads and road safety corridors; opening manhole covers without permission, illegally dismantling, removing or falsifying road works.
- Illegally using roadbeds, roadsides and pavements.
- Putting motor vehicles and special-use machines which fail to satisfy technical safety and environmental protection criteria into operation on roads.
- Changing the chassis, components and accessories of motor vehicles in order to temporarily achieve their technical criteria before taking them for inspection.
- Taking part in, cheering or organizing illegal vehicle races, driving vehicles recklessly on crowded streets or in zigzags.
- Operating a road motor vehicle while there is narcotic in the operator’s body.
- Operate vehicles under the influence of alcohol.
- Operating a motor vehicle without a driver license as prescribed.
Operating a special-use vehicle on the road without a certificate of training in knowledge about the road traffic law, a license or certificate of operation of special-use vehicle.
- Assigning one’s motor vehicle or special-use vehicle to another person ineligible for operating vehicles in road traffic.
- Operating a motor vehicle at a speed beyond the prescribed speed limit, recklessly passing or overtaking.
- Honking and opening the throttle continuously; honking during the time from 22:00 hrs to 05:00 hrs, blowing the hoot, using driving lamps in urban and populous areas, except for priority vehicles moving on duty as provided for by this Law.
- Fitting and using the horn and lamps at variance with the manufacturer design for each type of motor vehicles; using audible devices badly affecting traffic order and safety and public order.
- Transporting goods banned from circulation, illegally transporting, or failing to fully observe regulations on transportation of, dangerous cargoes or wild animals.
- Threatening, offending and fighting over passengers; compelling passengers to use services against their will; employing transshipment, disembarking passengers or committing other acts to evade detection of the carriage of cargoes or passengers in excess of prescribed limits.
- Conducting commercial transportation by car when failing to meet all business conditions as prescribed.
- Absconding after causing accidents in order to shirk responsibility.
- Deliberately refusing to rescue victims of traffic accidents when having conditions to do so.
- Infringing upon the lives, health and property of traffic accident victims and causers.
- Taking advantage of traffic accidents to assault, intimidate, incite, pressure, foment disorder or obstruct the handling of traffic accidents.
- Abusing one’s position, power or profession to breach the road traffic law.
- Illegally manufacturing, using or buying or selling number plates of motor vehicles and special-use vehicles.
- Acts of breaching road traffic rules and other acts endangering road users and vehicles in road traffic.
According to the above regulations, deliberately refusing to rescue victims of traffic accidents when having conditions to do so is one of prohibited acts.
Is the act of deliberately refusing to rescue victims of traffic accidents in Vietnam prohibited? How much is the fine for failure to assist a road accident victim?
What are the responsibilities of individuals, agencies and organizations when traffic accidents occur?
According to Article 38 of the 2008 Law on Road Traffic in Vietnam on the responsibilities of individuals, agencies and organizations when traffic accidents occur as follows:
- Operators and persons directly involved in a traffic accident shall:
+ Immediately stop their vehicles; keep unchanged the conditions at the site of the accident; give first aid to the victims and show up at the request of competent agencies;
+ Remain on the scene of the accident until the arrival of the police, except for cases in which the operator has also been injured and must be carried for emergency medical treatment or has to carry the victim for emergency medical treatment or his/ her life is threatened, but shall later report himself/ herself to the nearest police office;
+ Provide true information on the accident to competent agencies.
- Persons present at the place where an accident occurs have the following responsibilities:
+ Protect the scene;
+ Provide timely assistance and medical treatment to the victims;
+ Immediately report to the nearest police office, health agency or People’s Committee;
+ Protect the victims’ property;
+ Provide true information on the accident at the request of competent agencies.
- Operators of other vehicles, when passing the places of accidents, have the responsibility to carry the victims for emergency medical treatment. Priority vehicles and vehicles carrying persons entitled to diplomatic privileges and immunities are not compelled to comply with this Clause.
- Upon receiving a report on an accident, the police office shall promptly send police officers to the scene to investigate the accident and collaborate with the road administration and local People’s Committee to ensure uninterrupted and safe traffic.
- The commune-level People’s Committee of the place where an accidents occurs shall promptly inform the police office and health agency of the accident for handling the accident; organize the treatment and assistance of the victims, the protection of the scene and the victims’ property;
In case the victim dies and his/her identity is unknown or he/ she has no relatives or his/her relatives cannot afford his/her burial, after competent state agencies have completed all work as prescribed by law and permitted the burial, the commune-level People’s Committee shall organize the burial.
For an accident falling beyond its ability, the commune-level People’s Committee shall report it to the higher-level People’s Committee
- The Ministry of Public Security shall make statistics, sum up and develop a database on road traffic accidents and make it accessible to agencies, organizations and individuals in accordance with law.
What is the administrative penalty for failure to assist a road accident victim?
According to Point a, Clause 7, Article 11 of Decree No. 100/2019/ND-CP stipulating as follows:
In case the act of failure to assist a road accident victim on request but not reaching the level of criminal prosecution, they may be subject to a fine ranging from VND 500,000 to VND 1,000,000 shall be imposed upon an individual, from VND 1,000,000 to VND 2,000,000 upon an organization.
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