What are responsibilities of motorbike operators for causing fatal accidents in Vietnam?

What are responsibilities of motorbike operators for causing fatal accidents in Vietnam?​ (Illustrative image)

1. Crime of violating regulations on road traffic in Vietnam

According to Article 260 of the Criminal Code 2015, as amended by Clause 72 Article 1 of the Law amending the Criminal Code 2017, a person who operates a motorbike violating road traffic safety regulations causing damage to another person may be subject to a fine from VND 30,000,000 to VND 100,000,000, community sentence up to 3 years, or imprisonment from 1 year to 15 years. In addition, the offender might also be prohibited from holding certain positions, practicing certain professions, or performing certain tasks for 1 to 5 years. To be specific:

Article 260. Crime of violating regulations on road traffic participation

1. Any person participating in road traffic violating the safety regulations causing damage to another person in one of the following cases shall be fined from VND 30,000,000 to VND 100,000,000, community sentence up to 3 years, or imprisonment from 1 year to 5 years:

a) Causing death;

b) Causing injury or harm to the health of 1 person with a bodily injury rate of 61% or more;

c) Causing injury or harm to the health of 2 or more persons with a total bodily injury rate of 61% to 121%;

d) Causing damage to property from VND 100,000,000 to less than VND 500,000,000.

2. Committing the offense in one of the following cases shall be subject to imprisonment from 3 years to 10 years:

a) Without a driving license as required;

b) Under the influence of alcohol, beer with a blood or breath alcohol concentration exceeding the prescribed limit, using drugs or other strong stimulants;

c) Fleeing to evade responsibility or intentionally not aiding the injured;

d) Failing to comply with the orders of traffic controllers or traffic guides;

dd) Causing death to 2 persons;

e) Causing injury or harm to the health of 2 or more persons with a total bodily injury rate of 122% to 200%;

g) Causing damage to property from VND 500,000,000 to less than VND 1,500,000,000.

3. Committing the offense in one of the following cases shall be subject to imprisonment from 7 years to 15 years:

a) Causing death to 3 or more persons;

b) Causing injury or harm to the health of 3 or more persons with a total bodily injury rate of 201% or more;

c) Causing damage to property of VND 1,500,000,000 or more.

4. Violating the regulations on road traffic participation in cases where it is practically possible to lead to the consequences specified in points a, b, and c of clause 3 of this article if not promptly prevented shall be fined from VND 10,000,000 to VND 50,000,000, non-custodial reform for up to 1 year, or imprisoned from 3 months to 1 year.

5. The offender might also be prohibited from holding certain positions, practicing certain professions, or performing certain tasks for 1 to 5 years.

2. Obligation to compensate for damages outside of the contract in Vietnam

According to the provisions of Clauses 1 and 2, Article 601 of the Civil Code 2015, which stipulates the liability to compensate for damages caused by high-risk sources:

- High-risk sources include motorized transport vehicles, power transmission systems, operating industrial plants, weapons, explosives, inflammable substances, toxic substances, radioactive substances, wild animals, and other high-risk sources as prescribed by law.

- The owner of the high-risk source must compensate for the damages caused by the high-risk source; if the owner has handed over possession or use to another person, that person must compensate, unless otherwise agreed.

Thus, based on the above, the person operating a motorbike causing a fatal accident must compensate for the damages to the victim.

According to Article 591 of the Civil Code 2015, the person operating a motorbike causing a fatal accident must compensate the victim as follows:

- Reasonable funeral expenses;

- Financial support for those whom the deceased had the obligation to support;

- Other damages as prescribed by law;

- An additional amount to compensate for non-material loss for the close relatives of the deceased belonging to the first line of heirs, or if there are no such individuals, the person whom the deceased directly supported or who directly supported the deceased.

Ty Na

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