In Vietnam: Shall the act of failure to put warning sign when constructing water supply network that makes someone die be criminally prosecuted?

In Vietnam: Shall the act of failure to put warning sign when constructing water supply network that makes someone die be criminally prosecuted?

Pursuant to Clause 1 Article 281 of the Criminal Code in 2015 (amended by Clause 93 Article 1 of the Law on amendments to the Criminal Code in 2017) stipulating offences against regulations of maintenance, repair and management of traffic works in Vietnam as follows:

1. A person who is in charge of maintenance, repair or management of road traffic, rail traffic, waterway traffic or air traffic works and commits any of the following acts which causes deaths or ≥ 61% WPI for another person or causes a total WPI of 61% - 121% for more than one person or causes property damage assessed at from VND 100,000,000 to under VND 500,000,000 shall face a penalty of 06 – 36 months’ imprisonment:

a) Failure to follow or fully follow regulations on maintenance, repair and management of traffic works which make them fail to assure technical safety and fail to satisfy technical standards;

b) Failure to repair damaged traffic works that threaten traffic safety;

c) Failure to follow or correctly follow instructions on traffic control, placement of signs, milestones, fences for prevention of accidents when a traffic work is damaged or under repair or maintenance;

d) Failure to follow or correctly follow instructions on inspection and implementation of measures for assurance of traffic safety on a dangerous mountain pass, road segments where landslide, stone fall, or flood is likely, or unsafe road segments;

dd) Failure to promptly take measures for prevention of accidents when receiving information about a damaged traffic work under the offender's management;

e) Failure to follow or correctly follow instructions on placement of warning signals during construction or repair of a traffic work;

g) Failure to clean up warning signs, fences, equipment and materials after the construction is complete;

h) Other violations against regulations on maintenance, repair and management of traffic works.

As regulations above, the offender, who fails to put warning sign when constructing water supply network that makes someone die, shall face a penalty of 06 – 36 months’ imprisonment.

In Vietnam: Is there any compensation for the victim of failure to put warning sign when constructing water supply network?

Pursuant to Article 584 of the Civil Code in 2015 stipulating grounds giving rise to liability to compensate for damage in Vietnam as follows:

1. A person intentionally or unintentionally harming the life, health, honor, dignity, reputation, property, or other legal rights or interests of a person, must compensate for such damage, unless otherwise prescribed in this Code or relevant laws.

2. The person who causes damage shall be discharged from liability for compensation in case where the damage incurs due to force majeure events or at entire fault of the aggrieved person, unless otherwise agreed or otherwise prescribed by law.

3. If a property causes damage, its owner or possessor must compensate for the damage, except for the damage prescribed in Clause 2 of this Article.

As regulations above, the offender, who fails to put warning sign when constructing water supply network that makes someone die, shall pay compensation for the victim.

What are regulations on constructing water supply network on roads in Vietnam?

Pursuant to Article 47 of the Law on Road Traffic in 2008 stipulating construction of works on road currently in use in Vietnam as follows:

1. The construction of works on roads currently in use may be carried out only after permits of competent state agencies are obtained and must be in line with such permits and the law on construction.

2. In the course of construction, construction units shall put up signs and temporary fences at construction sites and take measures to ensure uninterrupted and safe traffic.

3. The construction or works on urban roads must comply with the provisions of Clauses 1 and 2 of this Article and the following provisions:

a/ Road digging may only be permitted for repairing works or building new technical tunnels along or across roads but according to annual plans which have been consented by the road administration agency, except for unexpected cases;

b/ There must be construction plans and schedules suitable to the characteristics of each street to ensure no traffic congestion;

c/ Upon the completion of construction, the road must be restored to its original conditions; for underground works, a dossier on construction completion must be compiled and handed over to the road administration agency.

4. Construction units shall take responsibility before law for failure to take measures to ensure uninterrupted and safe traffic according to regulations, for the occurrence of traffic accidents, traffic jams or serious environmental pollution.

Above are regulations on constructing water supply network on roads in Vietnam.

Best regards!