Vietnam: Who is liable to compensate for damages in case 8-year-old bicycle riders travel abreast and cause traffic accidents?
- What are the strictly prohibited acts for riders and passengers on bicycles when participating in traffic in Vietnam?
- What is the liability to compensate for damages in case 8-year-old bicycle riders travel abreast and cause traffic accidents in Vietnam?
- What are the principles of compensation for damage when causing consequences in Vietnam?
What are the strictly prohibited acts for riders and passengers on bicycles when participating in traffic in Vietnam?
Pursuant to Article 31 of the Law on Road Traffic 2008 as follows:
Riders of and passengers on bicycles, operators of other rudimentary vehicles
1. Bicycle riders may carry only one person or two persons including an under-7 child.
Bicycle riders shall comply with the provisions of Clause 3, Article 30 of this Law; passengers on bicycles traveling on the roads shall comply with the provisions of Clause 4, Article 30 of this Law.
2. Operators of and passengers on motor bicycles shall wear safety helmets, properly fastening their chin straps.
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Thus, bicycle riders in Vietnam may carry only one person or two persons including an under-7 child.
Bicycle riders in Vietnam shall comply with the provisions of Clause 3, Article 30 of this Law; passengers on bicycles traveling on the roads shall comply with the provisions of Clause 4, Article 30 of this Law.
Accordingly:
- Bicycle riders in Vietnam are prohibited to perform the following acts:
- Traveling abreast;
- Traveling in road sections reserved for pedestrians and other vehicles;
- Using umbrellas, mobile phones, and audible devices, except hearing aids;
- Pulling and pushing other vehicles or objects, and carrying bulky objects;
- Operating the vehicle without holding the handlebars or on one wheel, for two-wheeled vehicles, or on two wheels, for three-wheeled vehicles;
- Other acts badly affecting traffic order and safety.
At the same time, operators of and passengers on motor bicycles shall wear safety helmets, properly fastening their chin straps.
Thus, from the above provisions, bicycle riders in Vietnam are not allowed to travel abreast.
What is the liability to compensate for damages in case 8-year-old bicycle riders travel abreast and cause traffic accidents in Vietnam?
According to the provisions of Article 586 of the Civil Code 2015 on the capacity of individuals for liability to compensate for damage as follows:
Capacity of individuals for liability to compensate for damage
1. A person of eighteen years of age or older who causes damage shall be personally liable to compensate.
2. Where a minor under fifteen years of age causes damage, his or her parents, if any, must compensate for the total damage. If the parents have insufficient property to compensate and the minor who has caused the damage has property of his or her own, such property shall be used to satisfy the outstanding amount of compensation, except in the cases provided in Article 599 of this Code.
Where a person who is between fifteen and eighteen years of age causes damage, such person must compensate by recourse to his or her own property. If such person has insufficient property to compensate, the parents of such person must satisfy the outstanding amount by recourse to their own property.
3. Where a minor, legally incapacitated person, person with limited cognition and behavior control, causes damage but there is a guardian, such guardian shall use the property of the ward to compensate. If the ward has no or insufficient property to compensate, the guardian must do so by recourse to the property of the guardian. If the guardian is able to prove that he or she was not at fault with respect to guardianship, the guardian shall not be required to use its property to compensate.
Thus, a person of eighteen years of age or older who causes damage shall be personally liable to compensate.
- Where a minor under fifteen years of age causes damage, his or her parents, if any, must compensate for the total damage. If the parents have an insufficient property to compensate and the minor who has caused the damage has property of his or her own, such property shall be used to satisfy the outstanding amount of compensation, except in the cases provided in Article 599 of of the Civil Code 2015.
- Where a minor, legally incapacitated person, or person with limited cognition and behavior control, causes damage but there is a guardian, such guardian shall use the property of the ward to compensate. If the ward has no or insufficient property to compensate, the guardian must do so by recourse to the property of the guardian. If the guardian is able to prove that he or she was not at fault with respect to guardianship, the guardian shall not be required to use its property to compensate.
Therefore, in case 8-year-old bicycle riders in Vietnam travel abreast and cause traffic accidents, the liability to compensate for damages is divided into the following cases:
- If there is still a parent, the parent must pay compensation for all damages;
+ If the property of the parent is not enough for compensation but the minor causing the damage has his/her own property, such property shall be taken to compensate for the missing part, except for the case specified in Article 599 of the Civil Code 2015.
+ If a person under 8 years old loses civil act capacity, has difficulties in perception and behavior control but has a guardian, such guardian may use the property of the person under 8 years old for compensation;
++ If the ward has no property or insufficient assets for compensation, the guardian must compensate with his/her property;
++ If the guardian proves that he/she is not at fault in the guardianship, he/she does not have to take his/his property for compensation.
What are the principles of compensation for damage when causing consequences in Vietnam?
Pursuant to Article 585 of the Civil Code 2015 stipulating the principles of compensation for damage as follows:
- Actual damage must be compensated in full and promptly. Unless otherwise provided by law, parties may agree on the amount of compensation; on the form of compensation, which may be money, in kind or the performance of an act; lump sum payment or payment in installments; and on the method of compensation.
- The compensation payable by a person having caused damage may be reduced if such damage was caused unintentionally and is very large in comparison to the financial position of such person.
- If the amount of compensation determined becomes unrealistic, the aggrieved person, or the person having caused damage, has the right to request a court or another competent authority to change the amount of compensation.
- If the aggrieved party is partly his/her fault for causing the damage, that part of damage shall not be compensated.
- The party having rights and interests infringed shall not be compensated if such damage incurs due to his/her failure to adopt necessary measures to prevent the damage.
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