Resolution of railway traffic accident cases under administrative procedures in Vietnam from March 1, 2025

Resolution of railway traffic accident cases under administrative procedures in Vietnam from March 1, 2025

Circular 13/2025/TT-BCA amends the regulations on resolving railway traffic accidents by administrative procedures as follows:

Based on the file and documents of the investigation and verification activities, traffic police officers report to the competent leadership to resolve railway traffic accidents as follows:

(1) Invite the parties involved to the office headquarters to notify them of the investigation and verification results (conclusions on the cause and development of the railway traffic accident, determination of the fault of those involved in the railway traffic accident and administrative violation handling forms), and simultaneously draft a record of the resolution of the railway traffic accident according to Form No. 15/TNDS, administrative violation report (if any) according to the provisions of the Law on Handling Administrative Violations 2012 (amended and supplemented in 2020).

If any party involved in the railway traffic accident is absent for a legitimate reason, a record must be made noting the absence and scheduling a time to resolve it.

(2) Report to the competent leadership to issue a decision on administrative violations in the railway traffic field (if any); when applying the form of revoking licenses, professional certificates, the traffic police implement the revocation of documents in the electronic environment if these documents have been integrated into the electronic ID card, electronic identification account on the national identification application; deduct points, restore driver's license points as regulated (if any).

(3) Guide the parties involved in the railway traffic accident to settle civil damage compensation on their own.

In case the parties involved in the railway traffic accident do not reach an agreement on civil damage compensation, a record must be made, and at the same time, guide the parties to contact the competent Court to resolve it according to civil procedure procedures.

(4) After completing the investigation, verification, and resolution of the railway traffic accident, the handling traffic police officer completes the file and reports to the unit leadership to conclude the investigation, verification, and resolution of the railway traffic accident; execute policies on statistics, report railway traffic accidents, register, and file records according to the regulations of the Ministry of Public Security and relevant laws.

(5) For railway traffic accidents processed by the Investigation Agency, if afterward there is a decision not to initiate a criminal case, a decision to cancel the decision to prosecute the criminal case, a decision to suspend the investigation, or a decision to dismiss the case, but the act has administrative violation signs under the case of transferring the dossier, exhibits, means of the railway traffic accident to the traffic police agency, unit to ensure traffic order and safety on the route, area for administrative violation handling, then the assigned traffic police officer shall handle the report to the competent authority to execute according to the regulations in Article 63 of the Law on Handling Administrative Violations 2012 (amended and supplemented in 2020) and based on each specific railway traffic accident, implement the provisions in section (2).

(6) Concluding the investigation, verification, and resolution of the railway traffic accident, if the agency, unit processing the railway traffic accident discovers any shortcomings, inadequacies, or omissions in the field of state management of railway transport infrastructure, the management of vehicle drivers, vehicle management, it shall submit a recommendation document to the managing agency, responsible sector for remedial actions.

(7) Railway traffic accident statistics must update information on railway traffic accidents into the Traffic Accident Database, Synchronization and Processing Software for Traffic Accidents, Criminal Investigation Software as stipulated.

Refer to more details in the Circular 13/2025/TT-BCA effective from March 1, 2025.

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