Procedures for soliciting the assessment of injury rates in traffic violations in Vietnam

Procedures for soliciting the assessment of injury rates in traffic violations in Vietnam (Internet image)

Official Dispatch 4094/VKSTC-V2 issued by the Supreme People's Procuracy on October 27, 2022, guides a number of problems in handling cases and violations of traffic regulations.

The procedure for soliciting injury assessment is guided as follows:

On June 2, 2021, the Supreme People's Procuracy issued Instruction 25/HD-VKSTC on the responsibility to exercise the right to prosecute and supervise the settlement of cases of violations of regulations on road and waterway traffic safety, accepted and handled by agencies assigned to conduct a number of investigation activities under the spirit of Circular 63/2020/TT-BCA, Circular 64/2020/TT-BCA. During the implementation process, for any locality that has a number of difficulties and problems and requires guidance on the authority and procedures for soliciting assessment and asset valuation in traffic accidents, the Supreme People's Procuracy (Case 2) commented as follows:

1. Procedures for soliciting damage assessments and property damage assessments

- For the case of traffic police forces at all levels accepting and settling cases and violations of regulations on participation in road and waterway traffic, Clause 1, Article 16, and Clause 1, Article 18 of Circular 63/2020/TT-BCA shall be applied;

According to Clause 1, Article 14 and Clause 1, Article 18 of Circular 64/2020/TT-BCA, the decision to solicit injury assessment and property damage assessment is not an activity according to criminal procedures or the procedures of the agency tasked with conducting certain investigative activities.

- For the case of the traffic police force at all levels, whose responsibility is the agency assigned to conduct a number of investigation activities, accept and handle criminal information in violation of regulations regarding participation in road and waterway traffic of a complex nature, which requires assessment and valuation of assets according to criminal procedures, then:

Request the Traffic Police Department of the provincial-level police station to carry out the procedures and transfer them to the competent police department of the district-level police station for handling and settlement in accordance with the provisions of Point a, Clause 7 of Article 7 of Circular 63/2020/TT-BCA, Circular 64/2020/TT-BCA.

2. Competence to settle cases and violations of regulations on traffic participation

For cases and violations of regulations on participation in road and waterway traffic that are handled and verified by the Traffic Police Department - Provincial Police, according to administrative procedures, the process of verifying the detection of criminal signs within the competence of the investigating police agency shall:

Provincial People's Procuracy (Room 2) cooperates with the Traffic Police Department of Provincial Police to classify crime sources, exercise the right to prosecute, and supervise the decision to prosecute or not to prosecute criminal cases.

In case the decision to prosecute the case is issued, it is requested to request the Traffic Police Department - Provincial-level Police department within 7 days to carry out the procedures and transfer it to a specialized investigation agency for handling (according to Section 2 of Instruction 25/HD-VKSTC dated June 2, 2021 of the Supreme People's Procuracy).

On the basis of guiding the exercise of the right to prosecution, supervising the settlement of cases of violations of regulations on road and waterway traffic safety as the agencies assigned to conduct a number of investigative activities accept and settle, the People's Procuracy of the provinces and cities research and apply to ensure the settlement in accordance with the provisions of law.

More details can be found in Official Dispatch 4094/VKSTC-V2, issued on October 27, 2022.

Ngoc Nhi

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