Content of investigation and handling of road traffic accidents in Vietnam from January 1, 2025

Content of investigation and handling of road traffic accidents in Vietnam from January 1, 2025 (Image from the Internet)

The Law on Road Traffic Safety and Order 2024 was passed by the 15th National Assembly of the Socialist Republic of Vietnam, 7th session on June 24, 2024.

Principles of investigation and handling of road traffic accidents in Vietnam from January 1, 2025

The investigation and resolution of road traffic accidents in Vietnam must be carried out according to the following principles:

- All road traffic accidents must be investigated and resolved quickly, promptly, accurately, objectively, and lawfully;- The person causing the road traffic accident may be subject to administrative penalties or criminal prosecution depending on the nature and severity of the violation and, if causing damage, must compensate as per the law;- Organizations and individuals related to the road traffic accident are responsible for cooperating in the resolution;- The investigation and resolution of road traffic accidents must not be exploited or abused to infringe upon the interests of the State, or the legal rights and benefits of organizations and individuals;- For road traffic accidents involving people and vehicles of diplomatic missions, consular offices, and representative offices of international organizations in Vietnam, the resolution shall be in accordance with the Law on Road Traffic Safety and Order 2024, laws on diplomatic privileges and immunities, and relevant international treaties to which the Socialist Republic of Vietnam is a member.

(Clause 1 Article 83 Law on Road Traffic Safety and Order 2024)

Content of investigation and handling of road traffic accidents in Vietnam from January 1, 2025

For road traffic accidents with criminal indications, the investigation and resolution shall be carried out according to criminal law and criminal procedure law.

For road traffic accidents without identified criminal indications, the content of the investigation and resolution includes:

- Checking alcohol levels, drugs, and other prohibited substances in the drivers involved in the traffic accident;

- Examining the scene, vehicles, bodies, and road infrastructure directly related to the road traffic accident; collecting information and data; determining the damage caused to people and property by the road traffic accident;

- Temporarily holding vehicles, objects, documents, licenses, and professional certificates of the drivers involved in the road traffic accident;

- Recording statements from the drivers, victims, witnesses, and other related individuals in the road traffic accident;

- Reviewing the signs on the bodies of the victims; checking and verifying the conditions of the vehicles and drivers at the time of the accident; checking passengers, transported goods, and related documents;

- Tracing vehicles and drivers involved in the road traffic accident;- Professional forensic examination; reconstructing the accident scene;

- Other activities in accordance with the law.

Note: The conclusion of the road traffic accident must determine the progression, damage, cause, fault, and conditions directly related to the road traffic accident; propose resolution measures; recommend that organizations or individuals address shortcomings to ensure road traffic safety.

(Clause 3 Article 83 Law on Road Traffic Safety and Order 2024)

More details can be found in Law on Road Traffic Safety and Order 2024 which takes effect in Vietnam from January 1, 2025.

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