Handling of responsibilities when the vehicle is entering the container truck

In the case of a vehicle transporting to a container vehicle, the party responsible for paying compensation for any damage.

According to Article 584 of the 2015 Civil Code, the basis for claiming non-contractual damage compensation is specified as follows:

"Article 584.- Grounds for arising damage compensation liability

1. Any person who infringes upon the life, health, honor, dignity, prestige, property or other legitimate rights and interests of other persons and causes damage must pay compensation, unless otherwise prescribed by this Code or relevant laws.

2. A person causing damage is not liable to pay compensation in case damage is caused by a force majeure event or completely due to the fault of the aggrieved party, unless otherwise agreed or otherwise prescribed by law.

3. In cases where the property causes damage, the owners or the property owners shall have to pay compensation therefor, except for cases where such damage arises under the provisions in Clause 2 of this Article."

Accordingly, the other party shall be held liable for any damage caused. The damage-causing party shall not have to pay compensation for damage if the accident occurs due to force majeure or the fault of the remaining party.

If the vehicle is a defect, the operator of the motorcycle will be liable for compensation. If faults are caused to the container drivers, such persons shall have to pay the damage compensations. Where both parties are at fault, the damages to be paid by both parties shall be considered as a basis for the remainder.

Consequently, it is necessary to identify the party at fault to determine the liability for damage compensation.

Handling of responsibilities when the vehicle is entering the container truck

A person who possesses the container driver's seat will be prosecuted for criminal liability

In this case, it is necessary to determine whether the container driver's seat violates traffic law or not for examination for penal liability.

If the container driver's seat stops or parks on the road where no parking or stopping is prohibited or parking at a location other than the prescribed one; when stopping or parking, there is no signal (e.g. on the rear lights of the vehicle, etc.), the chair's account shall be liable to criminal prosecution for violations against regulations on road traffic in Article 260 of the Criminal Code 2015 (amended in Clause 72 Article 1 of the Law on amendments to the Criminal Code 2017):

"Article 260.- Article 211.- Breaching regulations on land road traffic

1. Those who violate the regulations on road traffic safety and cause damage to other people in any of the following cases shall be imposed a fine of between VND 30,000,000 and 100,000,000, subject to non-custodial reform of up to three years or a prison term of between one and five years:

a) Causing death to another person;

b) Inflicting injuries or health damage to at least one person;

c) Inflicting injury on or causing harm to the health of 02 persons or more with the total rate of bodily injury of these persons is from 61% to 121%;

d) Causing property damage of between VND 100,000,000 and under VND 500,000,000.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between three and ten years of imprisonment:

a) Having no driving licenses as prescribed;

b) While using alcohol or beer, the alcohol content in blood or breath exceeds the prescribed limit, or uses drugs or other strong stimulants;

c) Taking off to avoid responsibility or deliberately failing to help the victim;

d) Disobeying the orders of traffic conductors or traffic instructions;

dd) Causing the death of 02 persons;

e) Inflicting injuries or health damage to 02 or more persons whose total personal injuries are from 122% to 200%;

g) Causing property damage of between VND 500,000,000 and under VND 1,500,000,000.

3. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between seven and fifteen years of imprisonment:

a) Causing death of 03 persons or more;

b) Inflicting injury on or causing harm to the health of 03 persons or more with the total rate of bodily injury of these persons is 201% or more;

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

4. A fine of from 10,000,000 VND to 50,000,000 VND shall be imposed for non-custodial reform for up to 1 year or a prison term of from 3 months to 1 year.

5. Offenders may also be banned from holding certain posts, practicing certain professions or performing certain jobs for between one and five years."

Accordingly, if the error occurs on the container seat, this person shall be examined for penal liability with the above-said penalty bracket, depending on the seriousness of the violation.

In case where person who accounts for driving container shall not be criminally dealt with

Pursuant to the above provisions: If the person who tallies to drive the container without violation of road traffic safety (stopping, parking right lane, right roadway, signaled,…), he/she shall not be prosecuted for criminal liability.

In this case, the person who is the team of the container seat is also not responsible for paying compensation for damage to the motorcycle riders.

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