According to the law in Vietnam, is a driver allowed to leave the scene of an accident after causing a traffic accident if he/she is afraid of being beaten?

According to the law in Vietnam, is a driver allowed to leave the scene of an accident after causing a traffic accident if he/she is afraid of being beaten?

Pursuant to Clause 1 Article 38 of the Law on Road Traffic in 2008 stipulating responsibilities of individuals, agencies and organizations when traffic accidents occur as follows:

1. Operators and persons directly involved in a traffic accident shall:

a/ Immediately stop their vehicles; keep unchanged the conditions at the site of the accident; give first aid to the victims and show up at the request of competent agencies;

b/ Remain on the scene of the accident until the arrival of the police, except for cases in which the operator has also been injured and must be carried for emergency medical treatment or has to carry the victim for emergency medical treatment or his/ her life is threatened, but shall later report himself/ herself to the nearest police office;

c/ Provide true information on the accident to competent agencies.

In fact, in many cases, the person who caused the accident may be attacked, assaulted, or threatened with death or injury by the victim's family or other traffic participants if they remain at the scene.

Therefore, in this case, the driver is allowed to leave the scene of the accident, but they must report to the nearest police station immediately.

What are administrative fines for leaving the scene of an accident after causing a traffic accident in Vietnam?

Pursuant to Clause 8 and 11, Article 5 of the Decree 100/2019/NĐ-CP (amended by Clause 34 Article 2 of the Decree 123/2021/NĐ-CP) stipulating as follows:

8. A fine ranging from VND 16,000,000 to VND 18,000,000 shall be imposed upon a vehicle operator who commits any of the following violations:

a) Going against the traffic direction on a freeway, backing up on a freeway, except for emergency vehicles on duty;

b) Failure to stop, protect the scene, inform the authority, or give first aid to the victim after causing an accident;

c) Operating the vehicle while BAC exceeds 50 - 80 mg per 100 ml of blood, or BrAC exceeds 0.25 - 0.4 mg per liter of breath;

11. Apart from incurring fines, the violating operator shall also incur the following additional penalties:

a) The violation(s) specified in Point e Clause 4 of this Article shall lead to confiscation of the warning device(s) installed illegally;

b) The violation(s) specified in Point dd Clause 2; Points h and i Clause 3; Clause 4; Points a, b, d, dd, g, h and i Clause 5 of this Article shall lead to suspension of driving license from 1 month to 3 months;

c) The violation(s) specified in Point c Clause 5; Points a and b Clause 6; Clause 7 of this Article shall lead to suspension of driving license from 2 months to 4 months. Committing violation(s) specified in Points a, d, dd, e and g of Clause 1; Points b, d and g of Clause 2; Points b, g, h, m, n, r and s of Clause 3; Points a, c, e, g and h of Clause 4; Points a, b, e, g and h Clause 5 of this Article and causing accidents shall lead to suspension of driving license from 2 months to 4 months;

d) The violation(s) specified in Clause 9 of this Article or repetition of violation(s) specified in Point b Clause 7 of this Article shall lead to suspension of driving license from 3 months to 5 months;

dd) The violation(s) specified in Points a and b Clause 8 of this Article shall lead to suspension of driving license from 5 months to 7 months;

e) The violation(s) specified in Point c Clause 6 of this Article shall lead to suspension of driving license from 10 months to 12 months;

g) The violation(s) specified in Point c Clause 8 of this Article shall lead to suspension of driving license from 16 months to 18 months;

h) The violation(s) specified in Clause 10 of this Article shall lead to suspension of driving license from 22 months to 24 months;

As regulations above, a driver who flees the scene after causing a traffic accident will be fined from VND 16 million to VND 18 million and will have their driving license revoked for 5 to 7 months.

What are responsibilities of people at the scene of a traffic accident in Vietnam?

Pursuant to Clause 2 Article 38 of the Law on Road Traffic in 2008, persons present at the place where an accident occurs have the following responsibilities:

- Protect the scene;

- Provide timely assistance and medical treatment to the victims;

- Immediately report to the nearest police office, health agency or People’s Committee;

- Protect the victims’ property;

- Provide true information on the accident at the request of competent agencies.

Above are responsibilities of people at the scene of a traffic accident in Vietnam.

Best regards!