Resolution of Traffic Accidents Involving Foreign Persons and Vehicles

Resolving traffic accidents involving foreign individuals and vehicles (Illustrative image)

Article 25 Circular 63/2020/TT-BCA stipulates the investigation and resolution of traffic accidents involving foreign individuals and road vehicles by the Traffic Police as follows:

When a traffic accident involving foreign individuals and road vehicles occurs, the investigation and resolution procedures for road traffic accidents by the Traffic Police force shall be conducted in accordance with this Circular and concurrently apply Inter-sectoral Circular 01/TTLN-KS-NV-TP-NG or apply the international treaty or international agreement to which Vietnam is a member or has regulations.

The Police Agency conducting initial investigation, verification, and resolution activities of the traffic accident according to the law and this Circular must determine the legal status of the foreign individual, the legal status of the vehicle causing the accident, the victim, and damage to health and property, along with other related issues.

The Police Agency has the right to request the person causing the accident to present necessary identification documents and to have them sign the investigation and verification records at the scene, and in cases where they do not sign, it must be recorded in the report with a witness present;

Carry out the investigation, verification, and resolution of traffic accidents as follows:

- Individuals with diplomatic status as stipulated in the Ordinance on privileges and immunities for diplomatic missions, consular offices, and representatives of international organizations in Vietnam, the acceptance of their testimonies as witnesses shall only be conducted with their clear consent. If such requests are denied, it must also be clearly recorded in the report;- For foreigners without diplomatic status (experts, businessmen, students, interns, tourists in Vietnam, foreigners involved in other activities on Vietnamese territory) related to the traffic accident, the investigation and resolution shall be conducted similarly to Vietnamese citizens. However, in cases of temporary detention, the decision to detain must be reported to the competent authority in accordance with Article 123 of the Law on Handling of Administrative Violations 2012 to coordinate with the foreign affairs department for unified resolution;

The recording of foreign individuals' statements shall be conducted according to normal procedures at the Police Agency office. Foreign individuals may choose their interpreter or the Police Agency may invite an interpreter. In cases where diplomatic or consular public employees agree to be witnesses, the receipt of their statements or verification may be conducted at a convenient place for them with their consent.

Detailed information can be found in Circular 63/2020/TT-BCA which comes into effect on January 1, 2021.

Ty Na

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