Nowadays, traffic accidents are increasing, especially in big cities. There are many steps to solve an actual traffic accident. So about the matter “Procedure to deal with traffic accidents in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
• Circular 63/2020/TT-BCA
What are the principles of investigation and handling of traffic accidents?
According to Article 3 of Circular 63/2020/TT-BCA, the principles of traffic accident investigation and settlement include the following principles:
All traffic accidents that occur must be investigated and resolved quickly, promptly, accurately, objectively and comprehensively; Agencies and units that receive and process traffic accident reports must urgently send officials to the scene to deal with them in accordance with this Circular and other relevant laws.
The Traffic Police force must closely coordinate with other forces in the People’s Public Security when investigating and dealing with traffic accidents, ensuring concentration and consistency under the direction of the Heads of Public Security at all levels. Subordinate agencies, units and individuals are subject to the professional guidance and direction of traffic accident investigation and settlement by their superiors; individuals are responsible before the heads of the units and before the law for their acts and decisions.
Not to abuse or abuse the investigation and settlement of traffic accidents to infringe upon the interests of the State, the legitimate rights and interests of organizations and individuals.
Standards of traffic police officers in charge of investigating and dealing with traffic accidents
The Circular stipulates the standards for traffic police officers in charge of traffic accident investigation and settlement to have a bachelor’s degree in security, a police university or a bachelor’s degree in law or higher. If you graduated from a university outside the police department, you have learned the security and police profession according to regulations; having worked in the traffic police force for 6 months or more; has been trained and retrained in traffic accident investigation and resolution.
Procedure to deal with traffic accidents in Vietnam
According to Article 19 of Circular 63/2020/TT-BCA stipulating the process of investigation and settlement of road traffic accidents of the traffic police force, based on records and documents of investigation and identification activities. The traffic police officer shall report to the competent leader to handle the traffic accident according to the following administrative procedures:
Step 1:
– Invite the parties involved in the traffic accident or their legal representatives to the headquarters of the unit to announce the results of investigation and verification. Thereby, it will determine the conclusions about the causes and events of the accident, determine the fault of the people involved in the traffic accident and the form of handling administrative violations.
– Make a record of traffic accident settlement according to the form.
– Make records of administrative violations (if any) according to the provisions of the Law on Handling of Administrative Violations;
– In addition, a record must be made to record the absence of the parties involved (if any) and schedule a time to resolve if one of the parties involved in the traffic accident is absent for a legitimate reason.
Step 2:
Continue to report to superiors, competent leaders to issue decisions on sanctioning administrative violations (if any).
Step 3:
– The parties involved in the traffic accident will self-pay and settle compensation for civil damage at the headquarters of the agency or unit.
– In cases where the parties involved in a traffic accident cannot reach an agreement on their own, conciliate damages, compensate the other party, etc., a record must be made with a competent court for settlement according to the provisions of law. civil proceedings for both parties.
Step 4:
– After completing the investigation, verification, and settlement of the traffic accident, the traffic police officer shall accept and complete the complete dossier and report to the unit leader to finish the investigation and verification. solve the traffic accident for the parties.
– Implement the regime of statistics and report on road traffic accidents, keeping records according to regulations of the Ministry of Public Security and relevant laws.
What are the regulations to ensure the traffic accident investigation process?
Pursuant to the provisions of Article 4 of Decision No. 18/2007/QD-BCA, the traffic police or other police forces upon arrival at the scene of a traffic accident should immediately do the following:
1. Organization of first aid for victims:
a) Mark the victim’s location before taking him to the emergency room
In case of using a means of transport related to a traffic accident to take the victim to the emergency room, it is necessary to mark the location of the vehicle, preliminarily record the traces on the vehicle, and temporarily seize the vehicle’s papers. vehicle and vehicle driver’s papers;
b) Mark the location of the deceased victim and cover the victim;
In case the victim is dead, which may cause traffic jams and affect travel, mark the victim’s location and then put it on the curb to cover it.
2. Examine and temporarily seize papers of people and vehicles related to traffic accidents; In case a vehicle is involved in a traffic accident that may cause traffic jams and affect travel, mark the location of the means of transport, initially record the traces on the vehicle and then put it in the vehicle. suitable location for storage.
3. Site protection organization:
a) Zoning the scene to protect the scene, taking measures to preserve the property and personal belongings of the victim and goods on the vehicle related to the accident (when protecting the scene, pay attention not to disturb the scene);
b) Observe to detect and record preliminary traces and objects left on the scene, on vehicles related to traffic accidents; record changes at the scene in the process of organizing first aid for victims;
c) Find people who know the accident happened; clearly state the full name, identity card number, permanent address, and phone number (if any) of the person who knows the accident or request the person who knows the traffic accident to write a report to serve the investigation;
4. Traffic organization:
a) If the scene of a traffic accident does not affect the circulation of traffic, organize traffic instructions to avoid congestion;
b) If the scene of a traffic accident causes congestion, report it to the commanding officer of their unit, the Traffic Police Department where the accident occurs, for a plan to increase forces, means, and separate traffic flows. through to solve.
5. In case the traffic accident-causing person flees, the order in Clauses 1, 2 and 3 above must still be followed; at the same time organize the tracing in accordance with Article 27 of this Process.
6. When the autopsy section arrives at the scene, it shall hand over the work done at the scene to the examination department, and at the same time continue to protect the scene and comply with the provisions of point a, clause 2 or point 2. a, b, Clause 3, Article 7 of Regulation 768/2006/QD-BCA(C11) until the examination is completed.”
Thus, when the traffic police do not fully implement the above procedures, they do not guarantee the correct investigation process.
Services of LSX
Prestigious professional services: Firstly, the team of consultants and consultants for many years in the field of civil status, and customer support.
On-time: Certainly, with the motto “Get your lawyer right at your fingertips”, we ensure the service always performs on time. The rights and interests of customers always come first.
Cost: Besides, LSX’s service costs are highly competitive; depending on the nature of the particular case. So, we want our guests to have the best possible service experience. Therefore, costs which guaranteed to be the most suitable and economical for customers.
Confidentiality of client information: Finally, all brand information of client LSX will be 100% confidential.
Please contact us immediately if you have any questions about “Procedure to deal with traffic accidents in Vietnam”
Contact LSX
Finally, hope this article is useful for you to answer the question about “Procedure to deal with traffic accidents in Vietnam” If you need any further information, please contact LSX Law firm: at +84846175333 or Email: [email protected]
Please see more
- Handle car owners when lending causes traffic accidents in Vietnam
- Responsibility of car owner when driver cause accident in Vietnam
- Determining the fault factor when a traffic accident occurs in Vietnam
Frequently asked questions
The amount of compensation shall be agreed upon by the parties themselves.
However, if no agreement can be reached, the subject of compensation must compensate the damage sufferer according to law for the damage:
Damage caused by infringing property is specified in Article 589 of the Civil Code 2015 as follows:
Property is lost, destroyed or damaged.
2.Benefits associated with the use and exploitation of lost or reduced properties.
Reasonable cost to prevent, limit and remedy damage.
Other damage prescribed by law.
In addition to the above damages, the person responsible for compensation is not required to pay any money for other damages.
Pursuant to the provisions of Article 591 of the Civil Code 2015 as follows:
Article 591. Damage caused by infringement of life
Damage caused by infringing life includes:
a) Damage caused by infringing upon health as prescribed in Article 590 of this Code;
b) Reasonable expenses for burial;
c) Alimony for those for whom the damage sufferer is obliged to support;
d) Other damage prescribed by law.
Persons responsible for compensation in case other people’s lives are infringed must compensate for damage as prescribed in Clause 1 of this Article and another sum of money to compensate for the mental loss of their loved ones. of the first-order heirs of the aggrieved person, without these persons, the person whom the damage sufferer has directly raised and the person who has directly raised the aggrieved person is entitled to this sum. The level of compensation for mental loss shall be agreed upon by the parties; if no agreement can be reached, the maximum level for a person whose life is infringed shall not exceed one hundred times the base salary prescribed by the State.
When participating in traffic, surely the occurrence of an accident is an undesirable thing for everyone. Here are some things that you should keep in mind when participating in traffic.
Do not stop in front of or on the left side of the lane specified at the traffic lights.
Do not turn in places where there are no right turn signs.
Do not allow traffic when the light is red or try to increase the gas to pass the warning yellow light.
Reduce speed when participating in traffic when there are signs of crossing roads or in alleys, sections of railway crossings.
Always be cautious and watch out for vehicles such as motorbikes, bicycles and people crossing the road suddenly turning.
Between the perfect distance, avoid being too close to be able to react in time in unexpected situations.
Do not use alcohol or drugs that are too strong to affect driving.
Road users need to master the sign system to ensure the safety of individuals and those around them.
Conclusion: So the above is Procedure to deal with traffic accidents in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
