Chương VII: Giải quyết tai nạn giao thông đường bộ

Chapter VII

RESOLVING ROAD TRAFFIC ACCIDENTS

Article 80. Responsibilities of vehicle operators causing traffic accidents, relevant individuals, and individuals present at the scene of the accident

1. Vehicle operators causing traffic accidents and individuals relevant to the accidents have the responsibility to:

a) immediately stop vehicles, establish danger warning, maintain the scene, assist accident victims, and report to the nearest police authority, medical examination and treatment establishments, or People’s Committees;

b) remain at the scene of accidents until the police arrive unless they require emergency medical care or accident victims require emergency medical care or they feel their lives and health are being threatened in which case they must report to the nearest police authority and People’s Committees;

c) provide identification information of themselves, individuals related to the accidents, and relevant information of the accidents for competent authority.

2. Individuals present at accident scenes have the responsibility to:

a) provide assistance and medical aid for accident victims;

b) notify the nearest police authority, medical examination and treatment establishments, or People’s Committees;

c) protect the accident scene;

d) protect property of accident victims;

dd) provide relevant information about the accidents at request of competent authority.

3. Individuals under Clause 1 and Clause 2 of this Article are allowed to use vehicles related to the accidents to transport accident victims to emergency medical care only when there are no other vehicles at the scene. In this case, the vehicles and victims must be tracked and signs relating to the accidents must not be altered Where there are human casualties, the scene must be preserved and the corpses must be covered.

4. Other vehicle operators moving past the accident scenes are responsible for carrying wounded individuals to receive emergency medical care. Priority vehicles and passenger vehicles benefiting from privileges or diplomatic immunities are not required to comply with this Clause.

Article 81. Discovering, receiving, and processing report on road traffic accidents

1. Agencies, organizations, and individuals, upon discovering road traffic accidents, must immediately report to the nearest police authority, medical examination and treatment establishments, and People’s Committees.

2. Police authority shall, upon receiving report about traffic accidents, assign response forces to arrive at the scene to implement solutions under Clause 3 Article 76 hereof and other solutions to resolve traffic accidents as per the law.

3. Medical examination and treatment establishments providing initial medical care to traffic accident victims are responsible for reporting to the nearest police authority; conducting tests for alcoholic contents, narcotic substance contents, or other stimulant contents in blood of vehicle operators. Where medical examination and treatment establishments are incapable of conducting tests, they must collect blood samples, preserve, and transport blood samples to capable testing facilities.

4. The nearest People's Committees upon receiving report about traffic accidents must notify competent police authority.

5. Insurance enterprises related to individuals, vehicles, and property involved in traffic accidents upon receiving report about traffic accidents must assign their personnel or representatives to arrive at the scene to cooperate with entities resolving traffic accidents.

6. The Minister of Public Security shall elaborate Clause 2 of this Article.

Article 82. Rescue in case of traffic accident

1. Police authority shall take charge and cooperate with relevant agencies, organizations, and individuals in mobilizing forces, equipment, and vehicles at the scene to provide rescue efforts. Depending on the nature, severity, and consequences of traffic accidents, police authority are responsible for reporting to competent authority to mobilize forces and equipment to resolve traffic accidents when necessary.

2. Medical examination and treatment facilities must assign personnel and vehicles to stand by and immediately arrive at the scene to provide emergency medical aid, transport, provide emergency medical care after receiving report on traffic accidents; provide assistance and medical care for traffic victims in all situations.

3. Insurance enterprises are responsible for cooperating with police authority in allocating rescue vehicles for vehicles involved in traffic accidents when necessary.

4. People’s Committees of communes where traffic accidents occur and involve human casualties with unidentified personal information and relatives or whose relatives cannot afford burial procedures are responsible for burying the victims after receiving approval from competent authority entitled to investigate, resolve traffic accidents.

5. Where vehicles carrying dangerous goods are involved in traffic accidents, police authority in charge of the accidents must immediately notify entities in charge of handling hazardous chemicals, combustible and explosive materials; seal off the accident scenes; reorganize traffic arrangement, and prevent other road users, vehicles from entering the accident scenes.

Article 83. Investigating and settling traffic accidents

1. Rules in investigating and settling traffic accidents:

a) All accidents are investigated and settled in a quick, timely, accurate, objective, and law-compliant manner;

b) Individuals causing traffic accidents must, depending on severity and nature of the violation, be met with administrative penalties or criminal prosecution and, if such violation causes damage, pay compensation as per the law;

c) Organizations and individuals related to traffic accidents are responsible for cooperating in settlement;

d) Investigation and settlement of traffic accidents must not be taken advantage of, exploited for infringement of benefits of the Government or legitimate rights and benefits of organizations and individuals;

dd) Where traffic accidents involve personnel and vehicles of diplomatic representative missions, consular missions, representative missions of international organizations in Vietnam, investigation and settlement of such accidents shall conform to this law, regulations on diplomatic privileges, immunity, and relevant international treaties to which the Socialist Republic of Vietnam is a signatory.

2. Where traffic accidents involve signs of criminal activity, investigation and settlement of such accidents shall conform to criminal and criminal proceeding laws. Where traffic accidents have not been identified to involve criminal activity, investigation and settlement of traffic accidents consist of:

a) Checking for content of alcohol, narcotic substances, other stimulants prohibited by the law in vehicle operators involved in traffic accidents;

b) Examining accident scene, vehicles, bodies, and road structures directly related to traffic accidents; collecting information and data; identifying human and property casualties caused by traffic accidents;

c) Suspending vehicles, items, documents, license, practicing license of vehicle operators and vehicles;

d) Recording testimony of vehicle operators, accident victims, witnesses, and other related individuals in traffic accidents;

dd) Inspecting physical markings on accident victims; examining conditions of vehicles and vehicle operators; examining passengers, carried goods, and relevant documents;

e) Searching for vehicles, vehicle operators causing accidents;

g) Conducting subject-matter evaluation; reconstructing the scene;

h) Conducting other activities as per the law.

3. Traffic accident conclusion must identify the development, consequences, causes, faults, and conditions directly related to the accidents; proposed handling of traffic accidents; proposed rectification by agencies, organizations, and individuals where errors or faults are found for the purpose of assuring road traffic order and safety.

4. The Minister of Public Security shall prescribe procedures for investigating, settling traffic accidents of traffic police.

Article 84. Statistical recording of road traffic accident

1. Statistical information on traffic accidents must be recorded in an accurate, adequate, and timely manner; results of statistical information on traffic accidents serve research and proposition of solutions for preventing traffic accidents.

2. Traffic police authority shall take charge and cooperate in recording statistical information on traffic accidents.

3. Medical examination and treatment establishments shall provide statistical information on traffic accident victims receiving medical examination and treatment at the establishments to traffic police authority.

4. Investigating authority shall, while settling traffic accidents, provide information, documents, and results of investigation and settlement to competent traffic police authority for the purpose of consolidating statistics on traffic accidents and developing database on traffic accidents.

5. The Minister of Public Security shall elaborate this Article.

Article 85. Fund for traffic accident damage reduction

1. The Fund for traffic accident damage reduction (hereinafter referred to as “Fund”) is a non-budget state fund in central government-level for mobilizing social funding to reduce traffic accident damage.

2. The Fund is established from the following financial fundings:

a) Voluntary assistance, funding, and contributions of domestic, foreign organizations and individuals;

b) Other funding sources as per the law.

3. The Fund shall cover:

a) Assistance for traffic victims and victims’ families; organizations, individuals providing assistance, emergency medical care, and transport of traffic accident victims to emergency medical care;

b) Assistance for organizations, individuals communicating traffic accident damage reduction without being funded by the Government.

4. Operating principles of the Fund:

a) The Fund does not operate for profit;

b) The Fund is managed, used for the right purpose and in a manner that is law-compliant, timely, effective, public, and transparent;

c) The Fund only covers activities under Clause 3 of this Article where state budget has not adequately covered these activities.

5. The Government shall elaborate Clause 2 and Clause 3 of this Article; prescribe the establishment, management, and use of the Fund for traffic accident damage reduction.