In Vietnam nowadays, traffic accidents are an age-old problem related to people’s consciousness. Traffic violations affect many people; damage not only to property but also related to life. So many people concern about the regulations of the law related to the issue. So about the matter “Compensation for damage caused by traffic accidents in Vietnam” Let’s find out with LSX in th article below.
Legal grounds
- Penal Code 2015 amended and supplemented in 2017
- Civil Code 2015
The basis for arising liability for damage in traffic accidents
The essence of compensation for damage in traffic accidents is to compensate for damage outside the contract.
Accordingly, the liability for compensation in this case will arise according to the grounds prescribed in Article 584 of the 2015 Civil Code, as follows:
1. Those who commit acts of infringing upon the life, health, honor, dignity, reputation, property, other lawful rights and interests of others, and cause damage, must pay compensation, except for the case of the Ministry. This law and other relevant laws provide otherwise.
2. The person causing damage is not responsible for compensation for damage in case the damage is caused by force majeure events or is entirely due to the fault of the aggrieved party, unless otherwise agreed or provided for by law. other rule.
3. Where property causes damage, the owner or possessor of the property shall be responsible for compensating for the damage, except for cases of damage arising as prescribed in Clause 2 of this Article.
The determination of liability for compensation for damage in a traffic accident first needs to determine a number of issues as follows:
First: there must be actual damage.
Damage is one of the factors giving rise to non-contractual compensation liability. Liability to compensate for damage only arises when there is damage to health, material or mental, specifically:
• Property damage is understood as the loss or reduction of a material interest protected by law, property damage can be calculated into a certain amount.
• Mental damage is understood as a result of life, health, dignity, honor and reputation being violated and the affected person has to suffer pain, sorrow, emotional loss, decrease or loss. prestige, credibility, trust… and need to be compensated for the loss they have suffered.
Second: the act causing damage must be an illegal act.
Illegal acts are easily understood as acts contrary to the provisions of the law, simply understood such as: the law forbids road users from passing such lights, it is strictly forbidden to use alcohol when participating in traffic, not to exceed the allowed speed, stay in the correct lane according to the regulations.
Accordingly, if the driver of a vehicle in traffic runs a red light and causes a traffic accident, this act is considered a violation of the law.
Third: there must be a cause-and-effect relationship between the behavior and its consequences.
It is understood that the consequences – the damage that occurs in fact must originate from violations of the law.
Thus, in order to determine the liability for compensation for damage in a traffic accident, we must determine the factors as above.
In a nutshell or in a nutshell, first of all, there must be an illegal act, this act causes damage in fact, the person whose behavior leads to the traffic accident must make compensation for the other party.
Compensation for damage caused by traffic accidents in Vietnam
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:
Firstly, the damage caused by infringing property is specified in Article 589 of the Civil Code 2015 as follows:
Damage caused by infringing property includes:
1. Property is lost, destroyed or damaged.
2.Benefits associated with the use and exploitation of lost or reduced properties.
3. Reasonable cost to prevent, limit and remedy damage.
4. 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.
Second, the level of compensation for damage caused by an infringing health includes the points specified in Clause 1, Article 590 of the Civil Code 2015:
1. Damage caused by infringing health includes:
a) Reasonable expenses for the treatment, fostering and rehabilitation of the aggrieved person’s health and function lost or reduced;
b) The actual lost or reduced income of the aggrieved person; if the actual income of the aggrieved person is unstable and cannot be determined, the average income of the same type of worker shall apply;
c) Reasonable expenses and actual lost income of the carer of the damage sufferer during the treatment period; if the aggrieved person loses his working capacity and needs someone to take care of him regularly, the damage includes reasonable expenses for caring for the aggrieved person;
d) Other damage prescribed by law.
In case the person responsible for compensation is criminally responsible for causing damage to health according to article 260 of the Penal Code 2015, he/she must still be responsible for civil compensation according to this article.
In addition, the person responsible for compensation must also pay another sum of money to compensate for the mental loss suffered by the damage sufferer.
This compensation is called mental damages.
The level of compensation for a person whose health is infringed shall not exceed 50 times the base salary prescribed by the state.
Third, damage caused by life being violated. In addition to criminal liability according to Article 260 of the 2015 Penal Code, the damage-causing subject must also bear civil liability under Article 591 of the 2015 Civil Code:
1.Damage due to 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.
The person responsible for compensation must also pay another sum of money to compensate for the emotional loss of the first-line heirs of the victims.
In the absence of these persons, the person whom the aggrieved person has directly raised and the person who has directly raised the aggrieved person is entitled to this amount.
The level of compensation for mental loss for a person’s life shall not exceed 100 times the base salary prescribed by the State.
How much is the compensation for the fatal accident?
Based on the above principles, first of all, the level of compensation for causing a fatal accident shall be agreed upon by the two parties. This is also a basic principle of civil law. The law respects all commitments, agreements do not violate the prohibition of the law, do not violate social ethics …
However, if the party causing the accident and the victim’s family cannot reach an agreement on the amount of compensation; Article 591 of the Civil Code also specifies the grounds for determining the compensation level for damage caused by infringing health or life.
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Please see more
- Compensation for causing a fatal traffic accident in Vietnam
- Procedure to deal with traffic accidents in Vietnam
- Liability to compensate for damage arising in Vietnam
Frequently asked questions
In case the accident-causing person is determined to be at fault for violating the regulations on participating in road traffic according to Clause 1, Article 260 of the Penal Code 2015, amended and supplemented in 2017, the accident-causing person will death will be sentenced to imprisonment according to the following punishment frame:
Basic penalty frame:
Killing 01 person or causing injury or causing harm to the health of 01 person with an injury rate of 61% or more will be sentenced to between 01 and 05 years of imprisonment.
Aggravated penalty frame:
Causing the death of 3 people, the penalty shall be from 3 to 10 years.
Causing the death of 3 or more people, the offenders shall be sentenced to between 07 and 15 years of imprisonment.
In the event of a traffic accident where the person causing the accident causing the death of another person is walking on the road; It is divided into the following three cases:
If the fault is determined from a violation of the regulations on participating in road traffic according to Clause 1, Article 260 of the Penal Code 2015, as amended and supplemented in 2017; in this case, the person causing the accident still has to bear criminal responsibility and pay compensation for damage according to regulations.
If the error is determined to be an unintentional error under Clause 1, Article 128 of the Penal Code 2015, as amended and supplemented in 2017; the person causing the accident still has to bear penal liability; but the penalty will be much lighter than the error determined from the violation specified in Clause 1, Article 260 of the Penal Code 2015, amended and supplemented in 2017; at the same time still have to compensate for the damage to the victim and the victim’s family.
Where the person causing the accident is determined to be not at fault causing damage; then the person causing the accident only needs to pay compensation for the victim’s family members and the victim according to Article 601 of the Penal Code 2015, amended and supplemented in 2017.
For the act of falling asleep while driving, leading to a fatal accident, the driver of the vehicle will be fined according to the provisions of the 2015 revised and supplemented Penal Code 2015. Specifically, the fine for The act of falling asleep while participating in traffic, causing fatal consequences, will be specified in Article 260 of the Penal Code 2015, amended and supplemented in 2017 and may result in a prison term of 7-15 years.
Conclusion: So the above is Compensation for damage caused by 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
