Fund for traffic accident damage reduction in Vietnam from January 1, 2025

Fund for traffic accident damage reduction in Vietnam from January 1, 2025 (Image from the Internet)

1. Fund for traffic accident damage reduction in Vietnam from January 1, 2025

According to the provisions of Article 85 of the Law on Road Traffic Order and Safety 2024, the Fund for traffic accident damage reduction in Vietnam is as follows:

- The Fund for traffic accident damage reduction is an off-budget state financial fund, established at the central level to mobilize social resources to support the reduction of road traffic accident damage.

- The fund is formed from the following financial sources:

+ Support, aid, voluntary contributions from domestic and foreign organizations and individuals;

+ From other sources as prescribed by law.

- The fund is used for the following activities:

+ Support for victims, and victims' families caused by road traffic accidents; organizations and individuals who assist, treat, and take road traffic accident victims for emergency treatment;

+ Support for organizations and individuals participating in propagating the reduction of road traffic accident damage without state-funded financial assurance.

- Principles of operation of the fund:

+ Not for profit purposes;

+ Managed and used for the right purposes, in accordance with the law, promptly, efficiently, ensuring publicity and transparency;

+ Only spent on support for activities stipulated in clause 3 of Article 85 of the Law on Road Traffic Order and Safety 2024 when the state budget has not spent or has not met the required expenses.

- The Government of Vietnam details clauses 2 and 3 of Article 85 of the Law on Road Traffic Order and Safety 2024; stipulates the establishment, management, and use of the Fund for traffic accident damage reduction.

2. Guidance on investigating and settling traffic accidents in Vietnam from January 1, 2025

According to the provisions of Article 83 of the Law on Road Traffic Order and Safety 2024, the investigation and resolution of road traffic accidents in Vietnam are as follows:

- Principles of investigating and settling traffic accidents in Vietnam are stipulated as follows:

+ All road traffic accidents must be investigated and resolved quickly, promptly, accurately, objectively, in accordance with the law;

+ The person causing the road traffic accident, depending on the nature and extent of the violation, may be subject to administrative sanctions or criminal prosecution; if causing damage, they must compensate according to the law;

+ Organizations and individuals involved in the road traffic accident are responsible for coordinating the resolution;

+ Not to exploit or abuse the work of investigating and settling traffic accidents in Vietnam to infringe the interests of the State, or the legitimate rights and interests of organizations and individuals;

+ For road traffic accidents involving people and vehicles of diplomatic missions, consular offices, or representative agencies of international organizations in Vietnam, it shall be carried out according to the provisions of the Law on Road Traffic Order and Safety 2024, the law on diplomatic privileges and immunities, and relevant international treaties that the Socialist Republic of Vietnam is a member of.

- For road traffic accidents with signs of crime, the investigation and resolution shall comply with the provisions of the criminal law and the law on criminal procedure. For road traffic accidents that do not have clear signs of crime, the investigation and resolution include:

+ Checking the alcohol level, drugs, and other stimulants prohibited by law for those driving vehicles involved in the road traffic accident;

+ Examining the scene, vehicles, corpses, and road constructions directly related to the road traffic accident; collecting information, and data; determining the damage consequences in terms of people and property caused by the road traffic accident;

+ Detaining vehicles, objects, documents, licenses, and certificates of vehicle operators involved in the road traffic accident;

+ Recording the testimonies of those operating motor vehicles, the victims, and witnesses as well as other related persons in the road traffic accident;

+ Examining the traces on the victim's body; checking and verifying the conditions of the vehicle, and vehicle operators when participating in road traffic; checking passengers, transported goods, and other related documents;

+ Tracing vehicles and vehicle operators involved in the road traffic accident;

+ Specialized assessment; reconstructing the scene;

+ Other activities prescribed by law.

- The conclusion of the road traffic accident must determine the course of the event, the damage consequences, causes, faults, and conditions directly related to the road traffic accident; propose handling of the road traffic accident; recommend agencies, organizations, and individuals to overcome discovered lapses and deficiencies to ensure road traffic order and safety.

- The Minister of Public Security prescribes the procedure for investigating and settling traffic accidents in Vietnam of the Traffic Police.

More details can be found in Law on Road Traffic Order and Safety 2024 which comes into force in Vietnam from January 1, 2025, except for Clause 3 of Article 10 of the Law on Road Traffic Order and Safety 2024 which comes into force in Vietnam from January 1, 2026.

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