Speaking with Lao Dong, Lawyer Nguyen Tinh, Deputy Head of Tinh Hoa Viet Law Office (Hanoi), said that specific cases need the involvement of authorities to be able to draw accurate conclusions.
In terms of general regulations, in order to ensure traffic safety, since 2018, the Ministry of Education and Training (MOET) has issued Official Dispatch 1669/BGDDT-GDCTHSSV on ensuring traffic safety and order at educational institutions.
In this dispatch, the Ministry requested the Departments of Education and Training to direct schools (from kindergarten to high school) in the area not to allow motor vehicles to circulate or park illegally in areas where students are studying, living and playing on school grounds.
At the same time, schools must place speed limit signs, specify areas where personal vehicles are prohibited from circulating and parking in school areas, and strictly handle violators.
Schools need to increase the responsibility of security guards in managing, monitoring, promptly reminding and guiding vehicles participating in traffic on school grounds in accordance with regulations, ensuring absolute safety for school members, especially students.
Although the Ministry of Education and Training has clear regulations, in reality, there have been many traffic accidents in schools recently, especially cases that have resulted in student deaths.
Article 260 of the Penal Code stipulates the crime of "Violating regulations on road traffic participation" as follows:
“Anyone who participates in road traffic and violates road traffic safety regulations, causing damage to others in one of the following cases, shall be subject to a fine of VND 30,000,000 to VND 100,000,000, non-custodial reform for up to 3 years, or imprisonment from 1 year to 5 years:
Killing.
Causing injury or damage to the health of a person with a bodily injury rate of 61% or more.
Causing injury or damage to the health of 2 or more people, with the total body injury rate of these people from 61% to 121%.
Causing property damage from 100,000,000 VND to under 500,000,000 VND.
Committing a crime in one of the following cases shall be punishable by imprisonment from 3 to 10 years:
No driving license as prescribed;
In a state of using alcohol or beer with blood or breath alcohol concentration exceeding the prescribed level, using drugs or other strong stimulants;
Run away to avoid responsibility or intentionally not help the victim.
Failure to comply with traffic control or direction orders.
Killed 2 people.
Causing injury or damage to the health of 2 or more people, with the total body injury rate of these people from 122% to 200%.
Causing property damage from 500,000,000 VND to under 1,500,000,000 VND.
Committing a crime in one of the following cases shall be punishable by imprisonment from 7 to 15 years:
Kill 3 or more people.
Causing injury or damage to the health of 3 or more people, with the total body injury rate of these people being 201% or more.
Causing property damage of VND 1,500,000,000 or more.
Violating regulations on road traffic participation in cases where there is a real possibility of leading to the consequences specified in one of points a, b and c, Clause 3 of this Article, if not prevented in time, shall be subject to a fine of from VND 10,000,000 to VND 50,000,000, reform without detention for up to 1 year or imprisonment from 3 months to 1 year.
Offenders may also be banned from holding positions, practicing a profession or doing certain jobs from 1 to 5 years.
Previously, the police of Krong Buk district, Dak Lak province, issued a decision to temporarily detain Luong Van Nghiem (born in 1992), residing in Ea Sin commune, Krong Buk district, to investigate the act of reversing a car in the schoolyard causing death.
The incident occurred on September 16, when Mr. Nghiem used a pickup truck to take his child to Bui Thi Xuan Primary and Secondary Boarding School (Ea Sin Commune). Because it was raining, Mr. Nghiem drove into the school yard. After his child got out of the car, Mr. Nghiem reversed the car to turn around and went home, but did not pay attention and hit 3 students.
Student M (a second grader) was unfortunately run over and died, two other students fell and suffered minor injuries. After the incident, the authorities conducted a crime scene investigation and autopsy.
Considering that the case has signs of crime, the Investigation Police Agency of Krong Buk District Police has decided to temporarily detain Mr. Nghiem to carry out the handling steps according to current regulations.
