Guidance on rescue in case of road traffic accidents in Vietnam from January 1, 2025

Guidance on rescue in case of road traffic accidents in Vietnam from January 1, 2025 (Image from Internet)

The Law on Road Traffic Order and Safety 2024 was passed by the National Assembly on June 27, 2024.

1. Guidance on rescue in case of road traffic accidents in Vietnam from January 1, 2025

According to Article 82 of the Law on Road Traffic Order and Safety 2024, the rescue in case of road traffic accidents are detailed as follows:

- The Police Department shall take the lead, cooperate with relevant agencies, organizations, and individuals to organize forces, tools, and means to promptly arrive at the scene for rescue and assistance.

Based on the nature, extent, and consequences of the road traffic accident, the Police Department is responsible for reporting to the competent authority to mobilize forces and means to handle the road traffic accident if necessary.

- Medical facilities must arrange, assign personnel and means to be ready and promptly arrive at the scene for first aid, transportation, and emergency medical treatment of victims after receiving information about the road traffic accident; support and treat victims of road traffic accidents in all cases.

- Insurance enterprises are responsible for cooperating with the Police Department to arrange means to rescue damaged vehicles in road traffic accidents if necessary.

- The People's Committee of the commune where the road traffic accident causing death occurred, and the identity of the deceased is unknown, there are no relatives, or the relatives are unable to bury, is responsible for organizing the burial after the competent state agency investigating and handling the road traffic accident agrees to the burial.

- In case of a road traffic accident involving a vehicle carrying dangerous goods, the Police Department handling the incident must immediately notify the respective units responsible for handling hazardous chemicals and explosive materials; cordon off the scene of the road traffic accident; organize traffic diversion, and prohibit people and vehicles from entering the accident area.

2. Guidance on investigation and handling of road traffic accidents in Vietnam from January 1, 2025

As prescribed in Article 83 of the Law on Road Traffic Order and Safety 2024, the investigation and handling of road traffic accidents in Vietnam are as follows:

- The principles for investigating and handling road traffic accidents are specified as follows:

+ All road traffic accidents must be investigated and handled promptly, accurately, objectively, and in conformity with the law;

+ Individuals causing road traffic accidents may be subject to administrative sanctions or face criminal liability depending on the nature and severity of the violations; if causing damage, they must compensate according to the law;

+ Organizations and individuals related to the road traffic accident must cooperate in handling it;

+ Taking advantage of the investigation and handling of road traffic accidents to infringe upon state interests or the legal rights and interests of organizations and individuals is prohibited;

+ For road traffic accidents involving individuals and vehicles of diplomatic missions, consular offices, or representative offices of international organizations in Vietnam, the procedures shall comply with the Law on Road Traffic Order and Safety 2024, laws on diplomatic privileges and immunities, and relevant international treaties to which the Socialist Republic of Vietnam is a member.

- For road traffic accidents with criminal signs, the investigation and handling shall follow the provisions of criminal law and criminal procedure law. For road traffic accidents with no initial signs of crime, the investigation and handling include:

+ Checking the alcohol concentration, drugs, and other substances prohibited by law for drivers involved in road traffic accidents;

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

+ Temporarily seizing vehicles, objects, documents, licenses, and professional certificates of drivers involved in road traffic;

+ Taking statements from drivers involved in the traffic accident, victims, witnesses, and other related individuals;

+ Examining injuries on victims' bodies; verifying the conditions of vehicles and drivers participating in traffic; inspecting passengers, transported goods, and other relevant documents;

+ Searching for vehicles and drivers causing the traffic accident;

+ Conducting expert examinations; reconstructing the scene;

+ Other activities as prescribed by law.

- The conclusions on a road traffic accident must determine the course of events, the damage, the cause, fault, and related conditions; propose handling measures; recommend agencies, organizations, and individuals to remediate detected loopholes and defects to ensure road traffic order and safety.

- The Ministry of Public Security shall stipulate the procedures for investigating and handling road traffic accidents by the Traffic Police.

See more Law on Road Traffic Order and Safety 2024 effective from January 1, 2025, except for Clause 3, Article 10 of the Law on Road Traffic Order and Safety 2024 effective from January 1, 2026.

The Road Traffic Law 2008 (amended and supplemented) shall cease to be effective from the date Law on Road Traffic Order and Safety 2024 takes effect, except as provided in Clauses 1, 2, 5, and 6 of Article 89 of the Law on Road Traffic Order and Safety 2024.

Resolution 73/2022/QH15 of the National Assembly on the pilot auction of car license plates shall cease to be effective from the date Law on Road Traffic Order and Safety 2024 takes effect in Vietnam, unless as provided in Clause 7 of Article 89 of the Law on Road Traffic Order and Safety 2024.

Vo Tan Dai

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