JOINT CIRCULAR No. 01/TTLN GUIDING THE INVESTIGATION AND HANDLING OF VIOLATIONS OF TRAFFIC LAWS AND REGULATIONS ON ROADS CAUSED BY FOREIGN PERSONS AND VEHICLES

CIRCULAR

JOINT CIRCULAR NO. 01/TTLN OF THE PROSECUTION - HOME AFFAIRS - JUSTICE - FOREIGN AFFAIRS SECTIONS DATED SEPTEMBER 8, 1988 GUIDING THE INVESTIGATION AND HANDLING OF VIOLATIONS OF ROAD TRAFFIC LAWS AND REGULATIONS CAUSED BY FOREIGN PERSONS OR MEANS OF TRANSPORTATION

In recent times, the investigation and handling of violations of road traffic laws and regulations caused by foreign persons or means of transportation in Vietnam have lacked guiding documents for localities, leading to many cases not being resolved promptly and failing to ensure the rights of victims, resulting in numerous complaints to state agencies.

Based on current laws and regulations of our country, based on international treaties that our country has joined and international customs consistent with Vietnamese law.

After exchanging and reaching a consensus, the Supreme People's Procuracy, Ministry of Home Affairs, Ministry of Justice, and Ministry of Foreign Affairs hereby issue this circular for guidance:

I. GENERAL PRINCIPLES:

All violations of road traffic laws and regulations caused by foreigners or foreign means of transportation on Vietnamese territory must be investigated and handled accurately and promptly, ensuring the interests of the State and the legitimate rights of citizens who suffer losses due to such violations.

1. The term "foreigner" referred to in this Circular means a person holding the nationality of another country or without nationality currently present on Vietnamese territory, including the following categories:

a. Diplomatic personnel (holding diplomatic passports) working at diplomatic missions, consular offices, other representative offices of foreign countries in Vietnam, and members of their families living with them in Vietnam, diplomatic personnel of visiting delegations from the Party, Government, National Assembly, and State of our country, other diplomatic personnel, including representatives of international organizations and members of their families residing in Vietnam without Vietnamese nationality, who enjoy diplomatic privileges and immunities granted by our country.

These individuals enjoy the right to personal inviolability and are exempt from criminal, civil, and administrative proceedings for violations of road traffic laws and regulations they cause. However, they must respect Vietnamese laws, including traffic regulations, and bear responsibility for material compensation for traffic accidents they cause.

b. Administrative and technical staff, service personnel of foreign representative offices and other foreign offices mentioned in point a and members of their families without Vietnamese nationality, and living with them in Vietnam, non-diplomatic members of visiting delegations.

These individuals are exempt from criminal, civil, and administrative proceedings for violations of road traffic laws and regulations they cause while performing official duties, but are not exempt when not performing official duties and must bear responsibility for material compensation for traffic accidents they cause.

c. Other foreigners not permanently residing in Vietnam: businesspeople, experts, students working, traveling in Vietnam... For serious consequences caused by violations of road traffic laws and regulations, international treaties between our country and their country (consular agreements, mutual judicial assistance agreements, economic, cultural, scientific and technological cooperation agreements, etc.) shall apply, or Vietnamese law may be applied.

d. For foreign citizens and stateless persons residing, doing business, and living in Vietnam, Vietnamese law shall apply as it does for Vietnamese citizens.

Additionally, Vietnamese nationals operating foreign means of transportation on Vietnamese roads, investigations and handling of serious consequences caused by violations of traffic laws by them shall be governed by Vietnamese law. However, for the means of transportation mentioned in point a, Clause 2, Part I of this Circular, if operated by Vietnamese citizens, investigations and handling must be conducted in a manner that does not unduly hinder the activities of foreign representative offices and international organizations.

2. Foreign means of transportation on roads referred to in this Circular include:

a. Means of transportation of diplomatic missions, consular offices, international organizations, and individuals with diplomatic status (vehicles bearing NG license plates) which enjoy the privilege of exemption from inspection, requisition, detention, and application of measures.

b. Other foreign means of transportation not bearing NG license plates may be subject to inspection, detention, and handling like similar Vietnamese vehicles, except where there are separate agreements between Vietnam and foreign countries.

II. INVESTIGATION WORK, PROSECUTORIAL SUPERVISION OF INVESTIGATIONS, AND COOPERATION WITH FOREIGN AFFAIRS AGENCIES.HARMONIZE WITH FOREIGN AFFAIRS AUTHORITIES.

1. When a traffic accident involving foreign persons or means of transportation occurs, the head of the police force at the district or county level where the violation occurred must promptly arrive at the scene to organize the protection of the scene and guide the initial emergency actions such as: rescuing injured persons, checking driving licenses, taking photographs, drawing diagrams of the scene, preparing a report on the examination of the scene, taking statements from witnesses, and immediately reporting to the provincial or municipal police director (hereinafter referred to as the provincial or municipal level) for instructions on further investigation and resolution.

If the accident is severe (causing death, causing serious injury to victims, injuring multiple people, or causing significant property damage), the district or county police agency must immediately notify the People's Procuracy at the same level.

2. For serious violations of road traffic laws and regulations causing serious consequences as mentioned above, the provincial or municipal police agency is responsible for investigating from the beginning until the conclusion of the investigation.

The investigation shall be carried out in accordance with the provisions of the law.

- The People's Procuracy at the provincial or municipal level is responsible for supervising the investigation by the police agency according to the law.

- The provincial and municipal foreign affairs agencies are responsible for coordinating to handle matters related to foreign relations.

3. The People's Procuracy, foreign affairs agencies, depending on their functions and authorities, shall be responsible for assisting and requesting the Public Security agency to carry out investigative activities, ensuring that the investigation proceeds promptly, accurately, in accordance with Vietnamese procedural regulations, and respecting the provisions in international treaties to which Vietnam is a party, specifically as follows:

a. Simultaneously with the organization of the scene examination, the initial activities of the Public Security agency must aim at determining the legal status of the traffic law violator, the circumstances of the accident, the legal regime of the traffic vehicle causing the accident, the victim, and property damage... Police officers and inspectors have the right to request the person causing the accident to present necessary identity documents, record the scene report, and require them to sign it; if they refuse to sign, this refusal must be clearly noted in the report.

b. If there are clear signs of criminal activity, before conducting the investigation, a case must be initiated. The Public Security agency and the Provincial/Municipal People's Procuracy Head must quickly make preliminary assessments of the accident and report to their superiors for timely guidance on investigative procedures.

c. The initiation of charges, temporary detention, arrest, and search may only be carried out when truly necessary and only against individuals who have committed crimes and are not entitled to criminal immunity. Foreign suspects may be required to provide bail or other valuable assets to ensure their presence upon summons.

When applying coercive measures or restricting the freedom of foreign citizens, the Public Security agency and the Provincial/Municipal People's Procuracy must report to their superiors, who will then inform the Ministry of Foreign Affairs. The Ministry of Foreign Affairs will report to the relevant country.

d. Taking statements from parties involved, suspects, and witnesses shall be conducted according to standard procedures at the Public Security and Procuracy offices. The party involved may choose their own interpreter. The Public Security and Procuracy offices may also request interpreters and record audio statements (if conditions permit).

In cases where a diplomatic or consular officer agrees to serve as a witness in a traffic violation case, the process of receiving statements or taking statements from them may be conducted at a location convenient for them and with their consent.

e. If the driver causing the accident has diplomatic status, the inspection of the vehicle, photographing of identity documents, and the receipt of statements from them as witnesses can only be conducted with their explicit consent. If these requests are refused, this refusal must be clearly noted in the report.

- When conducting investigations or applying investigative measures for the aforementioned traffic violations, attention must be paid to the nature of the violation, the position of the violator, and the legal regime they enjoy, ensuring respect for their dignity and personal integrity.

Any violent, unlawful actions, or acts hindering the performance of functions by representatives of foreign countries are strictly prohibited.

4. Difficulties and obstacles encountered during the investigation of serious traffic violations involving individuals or agencies representing foreign countries shall be resolved through diplomatic channels as follows: The Public Security agency and the Provincial/Municipal People's Procuracy shall directly work with the foreign affairs agency and report to their respective higher-level departments for the Ministry of Public Security, the Supreme People's Procuracy, and the Ministry of Foreign Affairs to coordinate and resolve the issues.

IIIVI. HANDLING OF ILLEGAL CASES

1. In cases of serious traffic violations resulting in severe consequences where the violator enjoys criminal, civil, and administrative immunity, if they refuse to compensate for damages from the outset, the Ministry of Public Security and the Supreme People's Procuracy shall unify the handling method based on the severity and nature of the violation, then transfer the file along with necessary requirements to the Ministry of Foreign Affairs for resolution through diplomatic channels, or guide local authorities to handle the matter.

2. In cases where the violator enjoys limited immunity or is a beneficiary of preferential treatment under agreements between our State and theirs, the handling shall be as follows depending on the nature and extent of the damage:

a. If the extent of damage to persons and property is not significant, the Provincial/Municipal Public Security agency shall guide the compensation between the two parties, record the compensation report, and promptly notify the Provincial/Municipal People's Procuracy. If the parties involved disagree on the extent of compensation, the Provincial/Municipal Public Security agency shall transfer the file to the Provincial/Municipal People's Procuracy for study and handling according to civil litigation procedures. The People's Procuracy shall initiate a civil lawsuit and transfer the file with necessary evidence to the Provincial/Municipal People's Court for civil adjudication.

b. The Provincial/Municipal People's Court shall convene a civil trial for serious traffic accidents initiated by the Provincial/Municipal People's Procuracy after reviewing and concluding in writing. Their criminal responsibility (if any) will be separately examined by the Supreme People's Procuracy.

c. The Provincial/Municipal People's Procuracy shall pursue criminal responsibility in serious cases where the offender does not enjoy criminal immunity.

d. Criminal and civil prosecution and adjudication in Vietnam must comply with Vietnamese criminal and civil procedural principles. During prosecution and adjudication, the Procuracy and Court must ensure the procedural rights of all parties according to Vietnamese law.

- The People's Procuracy must participate in trials of the above cases to implement supervision over the adjudication process according to the indictment.

- Upon completion of the trial of a case, the court must immediately provide a copy of the judgment to the parties so that they may exercise their right to appeal as provided by law. In cases where the judgment has become legally binding but the defendant, who is a foreign national, has returned to their home country, the People's Court at the local level shall send a copy of the judgment along with necessary documents to the Supreme People's Procuracy (for criminal judgments and civil judgments attached to criminal proceedings) or to the Ministry of Justice (for civil judgments) for direct contact or through the Ministry of Foreign Affairs to contact abroad.

e. For cases deemed unnecessary to be tried criminally in Vietnam due to difficulties in the trial process because the person enjoys immunity from prosecution in Vietnam or to return to their home country, the Supreme People's Procuracy and the Ministry of Justice, through the Ministry of Foreign Affairs, will transfer the file to the competent authority of their country to request handling.

If the violator mentioned above is also a citizen of a country that has concluded a mutual legal assistance treaty with Vietnam, then Vietnamese prosecutorial and judicial agencies may request the relevant prosecutorial and judicial agencies of that country to continue processing according to the treaty.

g. The establishment of international judicial assistance files and procedures for requesting handling must strictly follow the signed mutual legal assistance treaties and legal cooperation agreements; if the country does not have such agreements, it will be established according to Vietnam’s procedural rules, taking into account international judicial practices.

IV. IMPLEMENTATION

To ensure the effective implementation of this Circular, the Public Security, Procuracy, Judiciary, and Foreign Affairs sectors will regularly inform each other about serious traffic violations involving foreign vehicles and persons on Vietnamese roads, measures already and to be taken to address these violations, and the results of handling such violations...

Each sector is responsible for providing specific guidance on implementation within its own sector.

The Ministry of Foreign Affairs will provide a list of individuals and types of vehicles entitled to diplomatic privileges and immunities for relevant sectors to reference and apply.

During the implementation of this Circular, if there are any issues, provincial and municipal functional agencies need to report and seek opinions from higher-level sectors.