If a motorcyclist crashes into a reversing car without turning on the turn signal in Vietnam, who is at fault?

If a motorcyclist crashes into a reversing car without turning on the turn signal in Vietnam, who is at fault?

Article 16 of the Law on Road Traffic 2008 stipulates reversing is as follows:

1. When reversing his/her vehicle, the operator shall observe behind, give a necessary signal and may reverse only when realizing no danger.

2. It is forbidden to reverse in areas where reversing is prohibited, on road sections reserved for pedestrians to cross, at intersections or level crossings between a road and a railroad track, at places with insufficient visibility, in road tunnels or on expressways.

According to this Article, it is illegal for you to reverse your car from the sidewalk to the street but not turn on the turn signal, causing a traffic accident for the motorcyclist. In our opinion, the motorcyclist is partly at fault for speeding the vehicle in Vietnam.

You may be administratively sanctioned or examined for criminal liability depending on the nature and seriousness of the violation in Vietnam.

How much is fine for reversing against regulations and law causing accidents in Vietnam?

According to Clause 7 and Point c Clause 11 Article 5 of Decree 100/2019/ND-CP supplemented by Point d Clause 3 Article 2 of Decree 123/2021/ND-CP stipulates as follows:

7. A fine ranging from VND 10,000,000 to VND 12,000,000 shall be imposed upon a vehicle operator who commits any of the following violations:

a) Failure to observe, operating the vehicle exceeding speed limit thus causing accidents; stopping, parking, making a u-turn, backing, avoiding, overtaking, changing direction or changing lanes against regulations and law causing accidents; failure to operate in correct sections, lanes, failure to maintain safety distance between 2 vehicles as per the law thus causing accidents or entering roads erected with signs prohibiting entry of operated vehicles, going against traffic direction on one-way roads or on roads erected with “Cấm đi ngược chiều” (No entry) signs causing accidents, except for violations specified in Point a Clause 8 of this Article;

b) Weaving, speeding, chasing on public roads; steering a vehicle running on public roads with the legs;

c) Exceeding the speed limits by more than 35 km/h.

d) Stopping or parking on freeway in locations against regulations and law; failure to provide signals to inform other drivers in case of compulsory stop or parking on freeway at an undesignated location; making a u-turn on freeway;

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;

Thus, if you operate the vehicle in reverse, causing a traffic accident, you may be fined from VND 10,000,000 to VND 12,000,000 and be deprived of the right to use your driving license for 2 to 4 months in Vietnam.

What are penalties for improperly reversing causing a fatal traffic accident in Vietnam?

Pursuant to Clause 72, Article 1 of the Law amending the Penal Code 2017 stipulating road traffic offences, according to which:

1. Any person who violates road traffic rules 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.

2. This offence committed in any of the following circumstances carries a penalty of 03 - 10 years' imprisonment:

a) The offender does not have a driving license as prescribed;

b) The offender is under the influence of alcohol and with blood or breath alcohol content above the limit, or under the influence of drugs or other strong stimulants;

c) The offender leaves the site after causing the accident to evade responsibility or refuses to help the victim;

d) The offender fails to comply with the traffic controller's commands;

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

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

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

3. This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:

a) The offence results in the death of ≥ 03 people;

b) The offence causes a total WPI of ≥ 201% for ≥ 03 people;

c) The offence results in property damage assessed at ≥ VND 1,500,000,000.

4. If a road traffic offence that is likely to have any of the consequences mentioned in Point a, b, c Clause 3 of this Article is not promptly prevented, the offender shall be liable to a fine of from VND 10,000,000 to VND 50,000,000 or face a penalty of up to 01 year's community sentence or 03 - 12 months' imprisonment.

5. The offender might also be prohibited from holding certain positions or doing certain jobs for 01 - 05 years

According to this Article, if you reverse your car without a signal causing an accident resulting in the death of 1 person, you may be fined from VND 30,000,000 to VND 100,000,000, face a penalty of up to 3 years of community sentence or a prison term of between 1 and 5 years in Vietnam.

In addition, they may also be banned from holding certain posts, practicing certain professions or doing certain jobs from 01 to 05 years in Vietnam.

Best regards!