Vietnam: What to do when traffic accidents occur in accordance with the law? Can failure to assist a person injured in traffic accidents result in imprisonment?
What to do when traffic accidents occur in accordance with the law?
In Article 38 of the 2008 Law on Road Traffic in Vietnam, the responsibilities of individuals, agencies and organizations when traffic accidents occur are as follows:
Responsibilities of individuals, agencies and organizations when traffic accidents occur
1. Operators and persons directly involved in a traffic accident shall:
a/ 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;
b/ 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;
c/ Provide true information on the accident to competent agencies.
2. Persons present at the place where an accident occurs have the following responsibilities:
a/ Protect the scene;
b/ Provide timely assistance and medical treatment to the victims;
c/ Immediately report to the nearest police office, health agency or People’s Committee;
d/ Protect the victims’ property;
e/ Provide true information on the accident at the request of competent agencies.
3. 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.
4. 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.
5. 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
6. 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.
Thus, when encountering a traffic accident, road users should do the following:
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.
Vietnam: What to do when traffic accidents occur in accordance with the law? Can failure to assist a person injured in traffic accidents result in imprisonment? (Image from the Internet)
Can failure to assist a person injured in traffic accidents result in imprisonment?
Article 132 of the 2015 Criminal Code of Vietnam provides for the crime of failure to assist a person in peril as follows:
Failure to assist a person in peril
1. Any person who is capable of but fails to assist a person in peril shall face a warning, up to 02 years' community sentence or 03 - 24 months' imprisonment if such failure results in the death of that person.
2. This offence committed in any of the following circumstances carries a penalty of 01 - 05 years' imprisonment:
a) The offender is the one who causes the peril the victim was in;
b) The offender has a duty to rescue by law or by his/her professional ethics.
3. An offence that results in the death of 02 or more people carries a penalty of 03 - 07 years' imprisonment.
4. The offender might be prohibited from holding certain positions, practicing his/her profession or doing certain jobs for 01 - 05 years.
Thus, if traffic participants see that the person suffering from a traffic accident is suffering from life-threatening injuries but fails to assist, leading to his/her death, he/she may be prosecuted for penal liability with a warning, up to 02 years' community sentence or 03 - 24 months' imprisonment.
In addition, the offender might be prohibited from holding certain positions, practicing his/her profession or doing certain jobs for 01 - 05 years.
How many years’ imprisonment are imposed for evading the site after causing the accident?
In Article 260 of the 2015 Criminal Code of Vietnam as amended by Article 1 of the 2017 Law on Amendments to the Criminal Code on road traffic offences as follows:
Road traffic offences
1. Any person who violates road traffic rules and causes damage for another person 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 a person;
b) The offence causes ≥ 61% WPI for another person;
c) The offence causes a total WPI of 61% - 121% for more than one person.
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 and with blood or breath alcohol content above the limit, or under the influence of drugs or other strong stimulants;
c) The offender leaves the site after causing 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 causes a total WPI of 122% - 200% for more than one person;
g) 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 people;
b) The offence causes a total WPI of ≥ 201% for ≥ 03 people;
c) The offence results in property damage assessed at ≥ VND 1,500,000,000.
4. If a road traffic offence that is likely to have any of the consequences mentioned in Point a, b, c Clause 3 of this Article 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.
5. The offender might also be prohibited from holding certain positions or doing certain jobs for 01 - 05 years.
Thus, the offender who leaves the site after causing the accident to evade responsibility or refuses to help the victim may be an act constituting a crime as prescribed in Clause 2 above and may face a penalty of 03 - 10 years' imprisonment.
In addition, the offender might also be prohibited from holding certain positions or doing certain jobs for 01 - 05 years.
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