Title: Does the Forklift Driver Face Imprisonment for Causing Death While Working? Is the Company Liable?
Does operating a forklift that causes a fatal accident at work lead to imprisonment?
Based on Clause 1, Article 128 of the Criminal Code 2015 regarding the crime of involuntary manslaughter:
- Anyone who unintentionally causes the death of another person shall be subject to a non-custodial reform for up to 3 years or a prison term of 1 to 5 years.
Additionally, at Article 295 of the Criminal Code 2015 regarding the crime of violating occupational safety, labor sanitation, and safety regulations in crowded places, it is stipulated as follows:
- Anyone who violates regulations on occupational safety, labor sanitation, and safety in crowded places causing damage to others in the following cases shall be fined from VND 20,000,000 to VND 100,000,000, subject to non-custodial reform for up to 3 years, or imprisonment for 1 to 5 years:
+ Causing death;
+ Causing injury or harming the health of 1 person with an injury rate of 61% or more;
+ Causing injury or harming the health of 2 or more people with a total injury rate of these people from 61% to 121%;
+ Causing damage to property from VND 100,000,000 to less than VND 500,000,000.
Therefore, according to the current regulations, unintentional death caused during work will be subject to non-custodial reform for 3 years or imprisonment for 1 to 5 years.
In case of violation of occupational safety regulations in crowded places causing death, the penalty ranges from a fine of VND 20,000,000 to VND 100,000,000, non-custodial reform for up to 3 years, or imprisonment for 1 to 5 years.
Is the company liable if an employee causes a fatal accident at work?
Additionally, Article 597 of the Civil Code 2015 regulates the compensation for damage caused by a juridical person's agents as follows:
A juridical person must compensate for the damage caused by its personnel while performing duties assigned by the juridical person. If the juridical person has compensated for the damage, it has the right to claim reimbursement from the at-fault individual in accordance with legal provisions.
For a juridical person, it must compensate for the damage caused by your husband's actions while performing his work. Moreover, if your husband or another individual is at fault, the juridical person may also have the right to request the at-fault individual to reimburse a portion of the compensation.
Sincerely!









