Responsibility of car owner when driver cause accident in Vietnam

In life, there may be times when a relative or friend borrows your car. However, they may cause traffic accidents and result in legal consequences. Many car owners do not know if they have to take responsibility in this case. So, in this article, LSX legal firm will provide information about: “Responsibility of car owner when driver cause accident in Vietnam”

Legal grounds

• Civil Code 2015
• Criminal Code 2015

Responsibility of the vehicle owner when the driver causes an accident

Responsibility is something that must be done, must be taken, or may be understood as a commitment to one’s words and actions, ensuring to do the right thing, if wrong, must bear the consequences.

The responsibility of the vehicle owner and the vehicle owner when lending the car to cause an accident understood as binding on the act of lending the car to another person causing the accident.

Owners of vehicles, when lending their vehicles to others and causing traffic accidents, may have to bear the following responsibilities:

• Civil liability: Compensation for damage
• Criminal liability according to Article 264 of the Criminal Code 2015:

Article 264. Allowing an unqualified person to operate a vehicle on public roads

1. Any person who owns or manages a road vehicle and allows another person who does not have a driver’s license or is under the minimum driving age or under the influence of alcohol and with blood or breath alcohol content above the limit or under the influence of drugs or other strong stimulants or otherwise unqualified and as a result causes any of the following consequences shall be liable to a fine of from VND 10,000,000 to VND 50,000,000 or face a penalty of up to 03 years’ community sentence:
   a) The offense results in the death of 01 person or bodily harm to 01 person who suffers from 61% physical disability;
   b) The offense results in bodily harm to 02 people, each of whom suffers from 31% – 60% physical disability;
   c) The offense results in bodily harm to 03 people who suffer from a total physical disability of 61% – 121%;
   d) The offense results in property damage from VND 100,000,000 to under VND 500,000,000.
2. This offense committed in any of the following cases shall carry a fine of from VND 50,000,000 to VND 200,000,000 or a penalty of 06 – 36 months’ imprisonment:
   a) The offense results in the death of 02 people;
   b) The offense results in bodily harm to 02 people, each of whom suffers from 61% physical disability or more;
   c) The offense results in bodily harm to 03 people who suffer from a total physical disability of 122% – 200%;
   d) The offense results in property damage from VND 500,000,000 to under VND 1,500,000,000.
3. This offense committed in any of the following cases shall carry a penalty of 03 – 07 years imprisonment:
   a) The offense results in the death of 03 or more people;
   …

Responsibilities of the person who lends the car to others

The civil and criminal code and the Road Traffic Law all have provisions relating to the responsibility of car owners when lending their cars to others.
First of all, it is necessary to identify means of transport as a source of extreme danger based on Article 601 of the Civil Code 2015. Owners of sources of extreme danger must operate, use, preserve, keep and transport sources of extreme danger in accordance with the law.
Before lending a car to others, the owner needs to make sure that the borrower qualified to drive in accordance with the law. If the owner lends the car to an underage, unhealthy or unlicensed person and causes an accident, the vehicle owner must take responsibility.

If you lend someone a car and cause a fatal accident, will you go to jail?

The law applies fixed-term imprisonment as the main punishment to offenders when he or she has penal liability capacity and commits acts dangerous to society specified in the Criminal Code.
The case of causing a fatal accident is clearly a dangerous act for society as specified in the Criminal Code 2015. If the driver of a vehicle causes death by violating traffic regulations, the law will penalize that person.
If the borrower causes a traffic accident satisfy all driving conditions (Article 58), ensure age and health (as specified in Article 60 of the Road Traffic Law 2008), and has an appropriate driving license for the type of vehicle granted by a competent state agency, the owner of the vehicle that legally lends the vehicle does not have to take responsibility for the act of the borrower.
On the contrary, if the owner lends the car to an underage, unhealthy person or without a driver’s license, causing a fatal accident; then the car owner must be criminally responsible according to Article 264 of the 2015 Criminal Code on the crime of assigning people who are not qualified to drive vehicles participating in road traffic.
Accordingly, the vehicle owner may be subject to a fine of between VND 10,000,000 and 50,000,000 or non-custodial reform for up to 3 years or, if the consequences result in the death of 3 or more people, a prison term of up to 7 years.

Other factors

When lending a car to another person and causing a fatal accident, the determination of whether the owner of the car will go to jail or not depends on other factors such as:
(i) The person who borrows the car meets the conditions of the license, age, health,… to drive. But when borrowing a car, in a state of strong excitement or drunkenness,… leading to limited behavioral capacity, the vehicle owner must take responsibility for this case;
(ii) Having other acts constituting a crime: suppose that when lending a car to another person to commit the act of robbery, whether the car owner has to take responsibility or not depends on the subjective will of the car owner at the time of lending. If the car owner knows in advance and still lends the car to another person to commit the act of robbery, the owner and the borrower can both be prosecuted for the crime of “robbing property” according to the provisions of the Criminal Code. In contrast, the car owner is completely unaware that the person who borrows the car will commit the act of robbery, he will not be criminally responsible.

Legal service of LSX Legal Firm

LSX legal firm provides legal services to clients in various legal areas. To make your case convenient, LSX will perform:

• Legal advice related to new regulations;
• Representing in drafting and editing documents;
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Furthermore, using our service, you do not need to do the paperwork yourself; We guarantee to help you prepare documents effectively and legally.

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