Do foreign diplomats in Vietnam driving and causing a fatal traffic accident face criminal prosecution?

Do foreign diplomats in Vietnam driving and causing a fatal traffic accident face criminal prosecution?

Pursuant to Subsection 1.a, Section I of the Joint Circular 01-TTLN in 1998 stipulating as follows:

1. Foreign nationals referred to in this Circular are persons with the nationality of another country or stateless persons present on the territory of Vietnam, including the following subjects:

a. Those with diplomatic status (with diplomatic passports) working at foreign diplomatic missions, consular missions, and other foreign representative agencies in Vietnam and their family members living with them in Vietnam; those with diplomatic status of delegations of the Communist Party, Government, National Assembly, and State visiting our country; other persons with diplomatic status, including representatives of international organizations and their family members living in Vietnam and who are not citizens of Vietnam, who are granted privileges and immunities by our State.

These persons enjoy the right of inviolability of the person, are exempt from criminal, civil, and administrative proceedings for traffic violations committed by them. However, they must respect the laws of our State, including traffic laws, and be responsible for material compensation for traffic accidents caused by them.

According to the above regulations, in cases where foreign diplomats drive and cause fatal accidents, they are exempt from criminal prosecution.

However, they must respect the laws of our State, including road traffic laws, and must be responsible for material compensation for traffic accidents they cause in accordance with the provisions of law of Vietnam.

Do foreign diplomats in Vietnam driving and causing a fatal traffic accident face criminal prosecution? - Source: Internet

What documents are required for the owner of a diplomatic license plate in Vietnam?

Pursuant to Clause 4 Article 9 of the Circular 58/2020/TT-BCA stipulating the owner’s legal documentation as follows:

4. The legal owner is an agency or organization:

a) If the legal owner is a Vietnamese agency or organization: identity card (9-digit or 12-digit) of the authorized person must be shown. Regarding a military enterprise, a letter of introduction signed and sealed by the Director of Department of Vehicles affiliated to the Ministry of National Defense must be shown;

b) If the legal owner is a diplomatic mission, consular post and representative office of international organization in Vietnam: A letter of accreditation from Directorate of State Protocol or Department of Foreign Affairs Diplomatic and Official Identity Card (valid) of the authorized person must be shown;

c) If the legal owner is a joint-venture or wholly foreign-owned enterprise, representative office and a foreign enterprise who have won a bidding in Vietnam, and non-governmental organization: the authorized person to register their vehicle must show his/her identity card (9-digit or 12-digit) or passport (in case of foreigner).

As regulations above, in case the legal owner is a diplomatic mission, the documents required for them are: A letter of accreditation from Directorate of State Protocol or Department of Foreign Affairs Diplomatic and Official Identity Card (valid) of the authorized person must be shown;

What are regulations on diplomatic license plates in Vietnam?

Pursuant to Clause 7 Article 25 of the Circular 58/2020/TT-BCA stipulating regulations on the license plate as follows:

7. License plate of foreign organizations and individuals

a) Designed with a white background, black numbers and a red series of the symbols “NG”, which shall be issued to diplomatic missions, consular posts and foreign staff members who take possession of the diplomatic identity card at these entities. In particular, the license plate of the Ambassador and Consular General shall be inscribed with the registered number “01” inclusive of a red dash crossing over in the middle of letters showing the nationality and registered numeric order (the license plate 01 is re-issued upon registration of new vehicle);

b) Designed with a white background, black numbers and a red series of the symbols “QT”, which shall be issued to representative offices of international organizations and foreign staff members who take possession of the diplomatic identity card at these entities. In particular, the license plate of heads of representative offices of United Nations’ organizations shall additionally include a red dash crossing over in the middle of letters showing their specific symbols and registered numeric order;

c) Designed with a white background, black letters and numbers, and a series of the symbols “CV”, which shall be issued to technical and administrative staff who takes possession of official identity cards granted by diplomatic missions, consular posts and international organizations;

d) Designed with a white background, black letters and numbers, and the symbol “NN”, which shall be issued to vehicles of representative offices or organizations and foreign individuals (except for those who have been regulated at Point a, b and c mentioned above).

Above are regulations on diplomatic license plates in Vietnam.

Best regards!