Regulations on investigation and settlement of road traffic accidents

Reply:

Article 83The Law on Road Traffic Order and Safety 2024 stipulates the investigation and settlement of road traffic accidents as follows:after:

1. On the principles of investigation and settlement of road traffic accidents:

a) All road traffic accidents must be investigated and resolved quickly, promptly, accurately, objectively, and in accordance with the law;

b) Depending on the nature and severity of the violation, a person causing a road traffic accident may be subject to administrative sanctions or criminal prosecution. If damage is caused, compensation must be paid according to the provisions of law;

c) Organizations and individuals involved in road traffic accidents are responsible for coordinating the resolution;

d) Do not take advantage of or abuse the investigation and settlement of road traffic accidents to infringe upon the interests of the State and the legitimate rights and interests of organizations and individuals;

d) For road traffic accidents involving people and vehicles of diplomatic missions, consular agencies, and representative agencies of international organizations in Vietnam, the provisions of this Law, the law on diplomatic privileges and immunities and relevant international treaties to which the Socialist Republic of Vietnam is a member shall apply.

2. For road traffic accidents with signs of crime, the investigation and settlement shall be carried out in accordance with the provisions of the law on criminal law and the law on criminal procedure. For road traffic accidents without signs of crime, the contents of the investigation and settlement of road traffic accidents include:

a) Check the concentration of alcohol, drugs, and other stimulants prohibited by law for drivers of vehicles participating in road traffic related to road traffic accidents;

b) Examine the scene, vehicle, corpse, and road works directly related to the road traffic accident; collect information and data; determine the consequences of human and property damage caused by the road traffic accident;

c) Temporarily detaining vehicles, objects, documents, licenses, and practice certificates of drivers and vehicles participating in road traffic;

d) Record statements of drivers of vehicles participating in road traffic, victims, witnesses and other relevant persons in the road traffic accident;

d) Examine traces on the victim's body; check and verify the condition of the vehicle and driver when participating in road traffic; check passengers, transported goods and other relevant documents;

e) Search for vehicles and drivers involved in road traffic accidents;

g) Professional appraisal; scene reconstruction;

h) Other activities as prescribed by law.

3. The conclusion of a road traffic accident must determine the development, consequences, damages, causes, faults and conditions directly related to the road traffic accident; propose handling of the road traffic accident; recommend agencies, organizations and individuals to remedy any discovered loopholes or shortcomings to ensure order and safety of road traffic.

4. The Minister of Public Security shall prescribe the procedures for investigation and settlement of road traffic accidents by the Traffic Police.

GH