Examination of trace marks on the body of the victim in waterway traffic accident in Vietnam

Examination of trace marks on the body of the victim in waterway traffic accident in Vietnam

Circular 64/2020/TT-BCA stipulates that depending on the nature and extent of each inland waterway traffic accident in Vietnam, when investigating, verifying, and resolving the accident, certain activities of examining traces on the body of the victim must be carried out. To be specific:

- Examination of traces on the body of the victim must be agreed upon by the victim and meticulously recorded; described specifically and in detail in the Record of traces on the victim's body according to Form No. 11/TNDT issued under this Circular. Mark the injury positions on the Position Diagram, trace of injuries on the victim's body according to Form No. 12/TNDT issued under this Circular, and take photographs of the injury traces. If the victim is female, a female officer must be appointed to examine the injury traces and have a same-gender person witness;

- If the victim is taken to the emergency room, it is necessary to collect the injury certificate, medical record of injury treatment caused by the traffic accident, or the result of a request for assessment of the body injury rate;

- If the victim does not go to the emergency room but requests assessment of the body injury rate, it is necessary to implement the provisions at point a of this clause and report to the competent authority to request or propose the assessment agency to carry out the assessment according to the law.

Simultaneously, in the case where the victim's identity is not yet determined, the unit handling the traffic accident must use one of the following measures to identify the victim:

- Through the information of the victim and related persons;

- In case the victim is severely injured and unable to provide information, the identification can be based on the license plate, vehicle name, professional competency certificate, specialized certificate, or related documents of the victim;

- Fingerprint search in the archive;

- Take photos of the victim, and announce identification details through the media.

More details can be found in Circular 64/2020/TT-BCA which comes into effect in Vietnam from January 1, 2021.

Ty Na

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