Who will be responsible for traffic accidents caused by dogs tied on the side of road in Vietnam?

Who will be responsible for traffic accidents caused by dogs tied on the side of road in Vietnam?

Pursuant to Article 584 of the 2015 Civil Code, it stipulates the basis for arising liability for compensation as follows:

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 incurs due to force majeure events or at 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.

Pursuant to Article 603 of the 2015 Civil Code, regulations on compensation for damage caused by livestock are as follows:

1. An owner of livestock must compensate for damage caused to another person by such livestock. The possessor or user of livestock must compensate during the period of possession or using, unless otherwise agreed.

2. Where a third person is entirely at fault in causing livestock to cause damage to another person, the third person must compensate for the damage. If both the third person and the owner are at fault, both of them must compensate jointly for the damage.

3. Where livestock which is possessed or used unlawfully causes damage, the unlawful possessor or user must compensate for the damage. When the owner, possessor or user of livestock is at fault leading the livestock is possessed or used unlawfully thereby causes damage, they must jointly compensate for damage.

4. Where livestock which is allowed to roam according to customary practice causes damage, its owner must compensate according to customary practice provided that such compensation does not contravene the law or social morals.

According to this Article, those who commit acts and owners of animals that violate the lives and health of others and cause damage must compensate unless force majeure or completely due to the fault of the damaged party. Thus, the person driving behind was legally involved and because your mother was frightened by the dog, the person driving behind will not be held civilly responsible. According to the above law in Vietnam, the accident was caused by a dog tied to the roadside, so the owner of this dog must compensate for the damage caused by this dog.

Who is criminally responsible for traffic accidents caused by dogs tied on the side of road in Vietnam? 

Pursuant to Clause 1, Article 295 of the 2015 Penal Code as amended by Clause 97, Article 1 of the Law amending the 2017 Penal Code, providing for violations against regulations of law on occupational safety, occupational hygiene and safety in crowded areas as follows:

1. Any person who violates regulations of law on occupational safety, occupational hygiene or safety in crowded areas and causes damage for another person in any of the following circumstances shall be liable to a fine of from VND 20,000,000 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 - 07 years' imprisonment:

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

b) The offence causes a total WPI of 122% - 200% for more than one person;

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

d) The offender is the person in charge of occupational safety, occupational hygiene or safety in crowded areas.

Pursuant to Clause 2, Article 138 of the 2015 Penal Code as amended by Point g, Clause 1, Article 2 of the Law amending the 2017 Penal Code, it stipulates the crime of unintentionally causing injury or harm to the health of others as follows:

2. This offence committed in any of the following circumstances carries 01 – 02 years’ community sentence or a penalty of 03 - 02 years' imprisonment:

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

b) The offence causes ≥ 61% WPI for the victim.

Because the person who hit your mother was not at fault in this accident, he is not criminally responsible, but the dog owner will be criminally responsible in Vietnam.

According to this Article, if the place of the accident is a crowded place, the dog owner will be guilty of violating regulations on labor safety, labor hygiene, and safety in crowded places due to not ensuring safety. In a crowded place, your mother was injured 65% according to Point b, Clause 1, Article 295 of the 2015 Penal Code. This owner will be sentenced to community sentence for up to 03 years or imprisonment from 01 year to 05 years.

In case the place where this accident occurs is a deserted place, the owner will be guilty of unintentionally causing injury or causing harm to the health of others due to failure to manage and care for the dog, leading to injury to your mother according to Point b, Clause 2, Article 138 of the 2015 Penal Code. The owner will undergo community sentence from 01 year to 02 years or imprisonment from 03 months to 02 years.

Best regards!