Testimony record of the accident victim and crew members in the waterway traffic accidents in Vietnam

Testimonies of the accident victim and crew members in the waterway traffic accidents in Vietnam (Internet image)

According to Article 13 of Circular 64/2020/TT-BCA, the testimony of crew members, vehicle operators, and victims in inland waterway traffic accidents by the Traffic Police force must be recorded in the Testimony Record using Form No. 10/TND. The content of the testimony is specified as follows:

1. Testimony of crew members and related vehicle operators involved in the traffic accident must be recorded in the Testimony Record using Form No. 10/TND issued under this Circular:

Depending on the specific traffic accident, the testimony of related crew members such as the captain, first mate, chief engineer, assistant engineer, sailor, mechanic, or inland waterway vehicle operator will be recorded. The testimony must clarify the position and duties of the crew members, the inland waterway vehicle operator; the route, channel, course, flow, speed, weather, hydrology; the sequence of events before, during, and after the traffic accident; the location of the traffic accident; technical maneuvers, signals given, situation handling; requiring the crew members or inland waterway vehicle operator to identify personal and property damage (if any), the cause of the traffic accident, their responsibility, and suggestions regarding the traffic accident, and write a personal declaration;

Study, analyze, and evaluate the testimony; if the testimony is still contradictory, unclear, or inconsistent with collected documents and evidence, supplementary testimony must be recorded;

If the crew members or vehicle operators are seriously injured and may die, their testimony must be recorded immediately. If they are unable to testify, a record must be made with the confirmation of the medical authority where the victim is being treated.

2. Testimony of victims in the traffic accident:

- The testimony of the victims in the traffic accident must be recorded in the Testimony Record using Form No. 10/TND issued under this Circular, specifically clarifying the sequence of events before, during, and after the traffic accident; their perception of the traffic accident;

- In cases where the victims are seriously injured, testimony should only be taken with the consent of the treating medical staff and the victim, and should be brief. If the victim may die, testimony must be recorded immediately. If the victim is seriously injured and cannot give testimony, a record must be made of this fact with the confirmation of the medical authority where the victim is being treated.

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

Ty Na

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