How are car drivers when alcohol content causes fatal accidents in Vietnam?

How are car drivers when alcohol content causes fatal accidents in Vietnam?

1. Driving a car when alcohol concentration is prohibited in Vietnam

Pursuant to Clause 8 Article 8 of the Law on Road Traffic 2008 (amended by the Law on Prevention and Control of Harmful effects of Alcohol and Beer 2019) that are prohibited from operating vehicles on public roads and of which the BAC or breath has alcohol concentration.

As mentioned above, the land road traffic conductors are strictly forbidden to drive their vehicles when they are taking turn off in Vietnam.

2. How are car drivers when alcohol content causes fatal accidents in Vietnam?

2.1 Compensation for damage when driving a car with a concentration that causes a fatal accident in Vietnam

According to Article 584 of the Civil Code 2015, any person whose life, health, honor, dignity, prestige, property or other lawful rights and interests are infringed upon shall compensate for the damage, unless otherwise prescribed by the Civil Code 2015 and relevant laws.

Accordingly, Article 601 of the Civil Code 2015 also applies to cases in which the sources of extreme danger causes damage.

If the owner has transferred the ownership or use rights to another person, such person must compensate for any damage, unless otherwise agreed.

Danger sources include:

- Motorized means of transport;

- Power transmission system;

- Operating industrial plants;

- Weapons;

- Explosives;

- Flammables;

- Toxic substances, radioactive substances;

- Animal:

- Other sources of extreme danger as prescribed by law.

Claims: In Article 591 of the Civil Code 2015, the offender shall be liable for:

- Damage due to infringement of health specified in Article 590 of the Civil Code 2015;

- Reasonable funeral expenses;

- Support money for persons whom the victims have the obligation to support;

- Other damage as prescribed by law.

- Expenses to indemnify for mental sufferings of the victims' relatives under the first inheritance goods.

Level of compensation for mental sufferings:

+ If an agreement is reached, the level of compensation shall be agreed by the parties;

+ If no agreement is reached, the maximum level for a person whose life is infringed upon shall not exceed one hundred times the base salary prescribed by the State.

If there are no persons belonging to the first inheritance, the persons whom the victims have directly nurtured and the persons who have directly nurtured the victims shall enjoy this money amount.

(According to Clause 3 Article 3, Decree No. 38/2019/ND-CP, the current statutory pay rate is VND 1,490,000 per month)

2.2 Pursuing criminal liability when driving a car with alcohol concentration causes a fatal accident in Vietnam

Pursuant to Article 260 of the Criminal Code 2015 (amended by the Law on amendments to the Criminal Code 2017) on violations against regulations on road traffic:

- A fine of between VND 30 million and VND 100 million or a non-custodial reform for up to 3 years or a prison term of between 1 and 5 years when causing a fatal accident.

- Causing an accident that kills two people shall be to between three and 10 years of imprisonment;
- Causing the death of 2 or more people in an accident, the offenders shall be sentenced to between 7 and 15 years of imprisonment;

If not prevented in time, the offender shall be imposed a fine of from 10 to 50 million dong, subject to non-custodial reform of up to 1 year or a prison term of between 3 months and 1 year.

Besides, the offenders may also be banned from holding certain posts, practicing certain occupations or doing certain jobs for between one and five years.

Ngọc Nhi

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