Responsibilities of individuals, agencies and organizations when traffic accidents occur in Vietnam

Responsibilities of individuals, agencies and organizations when traffic accidents occur in Vietnam (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

1. What is a traffic accident?

According to Clause 1, Article 5 of Circular 58/2009/TT-BCA(C11), a traffic accident is an event that occurs because a road user is operating on the road traffic network violating the regulations on road traffic order and safety or encounters an unexpected incident that causes certain damages to human life and health or property of agencies, organizations, or individuals .

Traffic accidents include:

- Traffic collision;

- Traffic accidents causing less serious consequences;

- Traffic accidents causing serious consequences;

- Traffic accidents causing very serious consequences;

- Traffic accidents cause particularly serious consequences.

2. Responsibilities of individuals, agencies and organizations when traffic accidents occur in Vietnam 

Responsibilities of individuals, agencies and organizations when traffic accidents occur in Vietnam according to Article 38 of the Law on Road Traffic 2008 is as follows:

- Operators and persons directly involved in a traffic accident shall:

+ Immediately stop their vehicles; keep unchanged the conditions at the site of the accident; give first aid to the victims and show up at the request of competent agencies;

+ Remain on the scene of the accident until the arrival of the police, except for cases in which the operator has also been injured and must be carried for emergency medical treatment or has to carry the victim for emergency medical treatment or his/ her life is threatened, but shall later report himself/ herself to the nearest police office;

+ Provide true information on the accident to competent agencies.

- Persons present at the place where an accident occurs have the following responsibilities:

+ Protect the scene;

+ Provide timely assistance and medical treatment to the victims;

+ Immediately report to the nearest police office, health agency or People’s Committee;

+ Protect the victims’ property;

+ Provide true information on the accident at the request of competent agencies.

- Operators of other vehicles, when passing the places of accidents, have the responsibility to carry the victims for emergency medical treatment. Priority vehicles and vehicles carrying persons entitled to diplomatic privileges and immunities are not compelled to comply with this Clause.

- Upon receiving a report on an accident, the police office shall promptly send police officers to the scene to investigate the accident and collaborate with the road administration and local People’s Committee to ensure uninterrupted and safe traffic.

- The commune-level People’s Committee of the place where an accidents occurs shall promptly inform the police office and health agency of the accident for handling the accident; organize the treatment and assistance of the victims, the protection of the scene and the victims’ property;

In case the victim dies and his/her identity is unknown or he/ she has no relatives or his/her relatives cannot afford his/her burial, after competent state agencies have completed all work as prescribed by law and permitted the burial, the commune-level People’s Committee shall organize the burial.

For an accident falling beyond its ability, the commune-level People’s Committee shall report it to the higher-level People’s Committee

- The Ministry of Public Security shall make statistics, sum up and develop a database on road traffic accidents and make it accessible to agencies, organizations and individuals in accordance with law.

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