I. Legal basis

• Law on Road Traffic Order and Safety 2024
• Decree No. 168/2024/ND-CP
• Criminal Procedure Code 2015
• Criminal Code 2015
• Circular No. 126/2020/TT-BCA

II. Responsibilities of the person causing the traffic accident, related persons, and individuals present at the scene following a traffic accident

Pursuant to Article 80 of the 2024 Law on Road Traffic Order and Safety regarding the responsibilities of drivers involved in road traffic accidents, persons concerned, and individuals present at the scene of a road traffic accident, the following provisions apply:

• Responsibilities of drivers involved in road traffic accidents, persons concerned, and individuals present at the scene of a road traffic accident. Individuals present at the scene of a road traffic accident shall have the following responsibilities:
  • Provide timely assistance and emergency aid to injured persons.
  • Immediately report the accident to the police authority, the nearest medical examination and treatment facility, or the nearest People’s Committee.
  • Participate in protecting and preserving the accident scene.
  • Assist in safeguarding the property of the victim(s).
  • Provide information relating to the accident at the request of the competent authorities.
• The persons specified in Clauses 1 and 2 of this Article may use a vehicle involved in the road traffic accident to transport an injured person for emergency medical treatment only where no other means of transportation is available. In such circumstances, they must identify and record the position of the vehicle and the victim at the accident scene and must not alter or destroy any traces or evidence related to the road traffic accident. Where a fatality has occurred, the accident scene must be preserved intact and the deceased’s body must be covered.
• Drivers of other road vehicles passing the scene of a road traffic accident shall be responsible for transporting injured persons to a medical facility for emergency treatment. Vehicles having the right of priority and vehicles carrying persons entitled to diplomatic privileges and immunities are not required to comply with this obligation.

Individuals present at the scene of a road traffic accident shall be responsible for providing timely assistance and emergency aid to injured persons; immediately reporting the accident to the police authority, the nearest medical examination and treatment facility, or the nearest People’s Committee; participating in the protection and preservation of the accident scene; assisting in safeguarding the property of the victim(s); and providing information relating to the accident at the request of the competent authorities.

III. Penalties for failing to assist a traffic accident victim

Failure to render assistance to a road traffic accident victim shall be subject to administrative penalties under Clause 6, Article 12 of Decree No. 168/2024/NĐ-CP. Specifically, an individual who, despite having the ability and opportunity to do so, intentionally fails to assist a victim of a road traffic accident shall be liable to a fine ranging from VND 500,000 to VND 1,000,000. For organizations committing the same violation, the fine shall range from VND 1,000,000 to VND 2,000,000.

More seriously, where a road traffic accident victim is in a life-threatening condition, a person who fails to render assistance may be subject to criminal liability under Article 132 of the 2015 Criminal Code for the offense of failure to assist a person in a life-threatening condition, which is punishable as follows:

• Any person who sees another person in a life-threatening condition and, despite having the ability and opportunity to render assistance, fails to do so, thereby resulting in that person’s death, shall be subject to a warning, non-custodial reform for a term of up to two (02) years, or imprisonment for a term ranging from three (03) months to two (02) years.
• A person who commits the offense under any of the following circumstances shall be subject to imprisonment for a term ranging from one (01) year to five (05) years:
  • Where the person who fails to render assistance is the person who negligently caused the life-threatening situation;
  • Where the person who fails to render assistance is a person who, by law or by virtue of his or her profession, has a duty to provide assistance.
  • Where the commission of the offense results in the deaths of two (02) or more persons, the offender shall be subject to imprisonment for a term ranging from three (03) years to seven (07) years.

• In addition, the offender may be prohibited from holding certain positions, practicing certain professions, or performing certain occupations for a period ranging from one (01) year to five (05) years.

IV. Reporting a failure to render assistance to a person in danger

If a person is unintentionally injured by another individual, the victim may file a criminal complaint with the police authority to report the incident in accordance with Clause 3, Article 145 of the 2015 Criminal Procedure Code.

In addition, pursuant to Circular No. 126/2020/TT-BCA, the police authorities of communes, wards, and townships are also authorized to receive crime reports and criminal denunciations.

Accordingly, for the purpose of facilitating the reporting of criminal offenses, the victim may report the incident to the nearest commune-, ward-, or township-level police authority, or to the district-level police authority, for prompt handling in accordance with the law.

V. About Us, Hankuk Law Firm

■ Hankuk Law Firm – Introduction

The goal of the legal services provided by HANKUK LAW FIRM is to support businesses, investors, and people. Our organization employs skilled Korean lawyers, partners, and professionals to provide legal services to businesses related to corporations and litigation.

To support the startup process, our lawyers and staff provide a wide range of services, including business law consulting, tax and immigration law consulting, real estate services, business consulting, marketing and communications, human resources, product distribution, franchise options, etc. We provide expert advice on every aspect of your business needs.

To protect the legitimate rights and interests of our clients and achieve the best results, we provide legal advice and participate in civil lawsuits related to business, labor, marriage, family, and inheritance.

■ Contact us now

For reliable and effective legal advice, please contact HANKUK LAW FIRM now. We are committed to providing you with the best possible answers and our team of experienced lawyers has extensive knowledge in many legal fields. We are always here to provide the most competent and dedicated support, whether you are dealing with contractual issues, commercial disputes or need guidance on foreign investment. HANKUK LAW FIRM is honored to have assisted hundreds of domestic and international clients in skillfully resolving complex legal issues as their trusted legal partner. Do not let legal issues hinder your success. Let us accompany you towards legal achievement and comfort. For prompt guidance and support to ensure your rights are always maintained at the highest standards, contact HANKUK LAW FIRM now.

■ Contact Hankuk Law Firm:

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