Procedures for handling of waterway traffic accident according to administrative procedures in Vietnam

Procedures for handling of waterway traffic accident according to administrative procedures in Vietnam (Internet image)

According to Article 19 of Circular 64/2020/TT-BCA, based on investigation and verification records and documents, the Traffic Police officer reports the results and proposes to resolve the traffic accident according to Form No. 14A/TNDT issued under this Circular, and submits it to the competent authority for resolving the traffic accident in Vietnam as follows:

1. Summon the relevant parties or their legal representatives to the headquarters of the unit to inform them of the investigation and verification results (concluding the cause, developments of the traffic accident, determining the faults of the involved parties in the traffic accident, and the form of administrative violation handling). Simultaneously, draw up a Record of Resolution of the Inland Waterway Traffic Accident according to Form No. 15/TNDT issued under this Circular. Draft an administrative violation record (if any) according to the provisions of the Law on Handling of Administrative Violations of 2012.

If one of the parties involved in the traffic accident is absent with a legitimate reason, a Record of Absence must be made and a new date for resolution must be scheduled.

2. Report to the competent person to issue a Decision on administrative sanction (if any).

3. Allow the parties involved in the traffic accident to resolve civil damage compensation at the headquarters of the agency or unit. In cases where the parties involved in the traffic accident cannot agree to resolve civil damage compensation, a record must be made, and the parties should be guided to contact the competent Court to resolve according to civil procedure.

4. After completing the investigation, verification, and resolution of the traffic accident, the Traffic Police officer handling the case should complete the dossier and report to the unit leader on the conclusion of the investigation, verification, and resolution of the traffic accident. Implement policies for statistical reporting of inland waterway traffic accidents, store dossiers as regulated by the Ministry of Public Security of Vietnam and related laws.

5. For traffic accidents handled by investigative agencies but later decided not to prosecute the criminal case, cancel the decision to prosecute the criminal case, suspend the investigation, or suspend the case. If the act has signs of administrative violation, transfer the dossier, documents, exhibits, means to the Traffic Police agency or unit to handle the administrative violation. The Traffic Police officer assigned to handle the case must report to the competent person to implement according to Article 63 of the Law on Handling of Administrative Violations of 2012 and follow the regulations therein.

6. Upon concluding the investigation, verification, and resolution of the traffic accident, if the agency or unit handling the traffic accident discovers any existing, inadequate, or missing issues in state management on traffic infrastructure, traffic organization, management of vehicle operators, or management of vehicles, a written recommendation must be sent to the managing agency or the competent sector for remedial measures.

Details can be found in Circular 64/2020/TT-BCA which comes into effect in Vietnam from January 01, 2021.

Ty Na

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