Vietnam: Shall drivers of priority vehicles causing traffic accidents be liable? What legal liabilities can these drivers incur?

Main Content

• What is the handling of drivers of priority vehicles causing traffic accidents in Vietnam?
• Shall drivers of priority vehicles causing traffic accidents in Vietnam be liable to compensate for damages?
• Shall drivers of priority vehicles causing traffic accidents in Vietnam be liable for criminal prosecution?

What is the handling of drivers of priority vehicles causing traffic accidents in Vietnam?

Under the provisions of Article 22 of the Law on Road Traffic 2008 on the priority rights of a number of vehicles:

Priority rights of a number of vehicles

1. The following vehicles have the priority right to go before other vehicles when passing intersections from any direction of traffic in the following order:

a/ Fire engines traveling on duty;

b/ Military vehicles and police vehicles on urgent duty; motorcades led by police cars;

c/ Ambulances on duty;

d/ Dike-watch vehicles, vehicles employed in overcoming natural disasters or epidemics or in a state of emergency as prescribed by law;

According to about 5, Article 4 of the Law on Road Traffic 2008 on the road traffic principles:

Road traffic principles

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5. Road users shall self-consciously and strictly observe traffic rules and ensure safety for themselves and others. Vehicle owners and operators shall take responsibility before law for ensuring that their vehicles operate safely in road traffic.

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Thus, drivers of priority vehicles shall enjoy certain rights in some cases. However, in case of causing traffic accidents, depending on each case, drivers of priority vehicles will still be handled in accordance with the law.

Shall drivers of priority vehicles causing traffic accidents in Vietnam be liable to compensate for damages?

Under the provisions of Article 584 of the Civil Code 2015 on the grounds giving rise to liability to compensate for damage:

Grounds giving rise to liability to compensate for damage

1. A person intentionally or unintentionally harming the life, health, honor, dignity, reputation, property, or other legal rights or interests of a person, must compensate for such damage, unless otherwise prescribed in this Code or relevant laws.

2. The person who causes damage shall be discharged from liability for compensation in case where the damage incurred due to force majeure events or at the entire fault of the aggrieved person unless otherwise agreed or otherwise prescribed by law.

3. If a property causes damage, its owner or possessor must compensate for the damage, except for the damage prescribed in Clause 2 of this Article.

If drivers of priority vehicles cause traffic accidents due to road traffic offences, they must be liable for compensation for damage.

However, the drivers of priority vehicles will not be liable for damage if a traffic accident occurs due to a force majeure event or at the entire fault of the aggrieved person.

Shall drivers of priority vehicles causing traffic accidents in Vietnam be liable for criminal prosecution?

Under Article 260 of the Criminal Code 2015 on road traffic offences:

Road traffic offences

1. Any person who violates regulations on road traffic safety in any of the following circumstances shall be liable to a fine of from VND 30,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence or 01 - 05 years' imprisonment:

a) The offence results in the death of 01 person or bodily harm to 01 person who suffers from ≥ 61% WPI;

b) The offence results in bodily harm to 02 people, each of whom suffers from 31% - 60% WPI;

c) The offence results in bodily harm to 03 people who suffer from a total WPI of 61% - 121%;

d) The property damage caused by the offence is assessed at from VND 100,000,000 to under VND 500,000,000.

2. This offence committed in any of the following circumstances carries a penalty of 03 - 10 years' imprisonment:

a) The offender does not have a driving license as prescribed;

b) The offender is under the influence of alcohol with blood or breath alcohol content above the limit or under the influence of drugs or other strong stimulants banned by law;

c) The offender leaves the site after the accident to evade responsibility or refuses to help the victim;

d) The offender fails to comply with the traffic controller's commands;

dd) The offence results in the death of 02 people;

e) The offence results in bodily harm to 02 people, each of whom suffers from 61% WPI or more;

g) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI of 122% - 200%;

h) The property damage caused by the offence is assessed at from VND 500,000,000 to under VND 1,500,000,000;

3. This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:

a) The offence results in the death of 03 or more people;

b) The offence results in bodily harm to 03 people, each of whom suffers from 61% WPI or more;

c) The offence results in bodily harm to ≥ 03 people who suffer from a total WPI of ≥ 201%.

d) The property damage caused by the offence is assessed at ≥ VND 1,500,000,000;

4. If the offence results in bodily harm to 01 person who suffers from 31% - 60% WPI or bodily harm to 02 or more people who suffer from a total WPI of 31% - 60%, the offender shall be liable to a fine of from VND 30,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence.

5. If a road traffic offence poses a threat to life, health or property of other people and is not promptly prevented, the offender shall be liable to a fine of from VND 10,000,000 to VND 50,000,000 or face a penalty of up to 01 year's community sentence or 03 - 12 months' imprisonment.

6. The offender might also be prohibited from holding certain positions or doing certain jobs for 01 - 05 years.

Thus, if there are sufficient factors for criminal prosecution, in addition to compensation for non-contractual damage according to the provisions of the Civil Code 2015, the drivers of priority vehicles causing traffic accidents may also be liable for criminal prosecution for road traffic offences.