What are penalties for operators of a water-borne vehicle who cause inland waterway accidents in Vietnam?

What are penalties for operators of a water-borne vehicle who cause inland waterway accidents in Vietnam?

Pursuant to Clause 3, Article 36 of the Law on Inland Waterway Traffic 2014 stipulates observance of inland waterway navigation rules as follows:

3. Captains or steersmen of vessels underway must steer their vessels at safe speeds so that they can handle circumstances to avoid collision, not to cause danger to other vessels or harm works; keep a safe distance between their vessels and other vessels; must slacken the speed of their vessels in the following cases:

a/ Navigating in close proximity to vessels being on operation on channels, vessels in distress, vessels transporting dangerous cargoes;

b/ Navigating within the area of an inland port or a landing stage;

c/ Navigating close to dykes or embankments during the spate time.

Pursuant to Clause 1, Article 272 of the 2015 Penal Code, as amended by Clause 84, Article 1 of the 2017 Penal Code Amendment Law, offences against regulations on control of water-borne vehicles are as follows:

1. The operator of a water-borne vehicle who violates regulations on waterway traffic safety 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.

According to this Article, the total damage to your parents' health is 65%, so the person who causes injury to your parents will be fined from VND 30,000,000 to VND 100,000,000, community sentence for up to 3 years or imprisonment from 1 year to 5 years in Vietnam.

What is compensation for health damage caused by operators of a water-borne vehicle who cause inland waterway accidents in Vietnam? 

Pursuant to Article 590 of the 2015 Civil Code stipulates damage caused by harm to health as follows:

1. Damage caused by harm to health shall comprise:

a) Reasonable costs for treating, nursing and rehabilitating health, and functional losses and impairment of the aggrieved person;

b) Loss of or reduction in the actual income of the aggrieved person. If the actual income of the aggrieved person is irregular and is not able to be determined, the average income level for the type of work performed by the aggrieved person shall be applied;

c) Reasonable costs and actual income losses of the carers of the aggrieved person during the period of treatment. If the aggrieved person loses his or her ability to work and requires a permanent carer, the damage shall also include reasonable costs for taking care of the aggrieved person.

d) Other damage as prescribed by law.

2. A person causing harm to the health of another person must pay the items provided in Clause 1 of this Article together with an amount of money as compensation for mental suffering of the aggrieved person. The amount of compensation for mental suffering shall be as agreed by the parties; if the parties are not able to agree, the maximum sum shall not exceed fifty-month base salary prescribed by the State.

Best Regards!