My relative, a foreign citizen, unfortunately died from drowning during a trip to a coastal resort in Vietnam at the end of March. Up to now, I have only known that the Vietnamese police are investigating the case, but we still do not have much specific information. My family really wants to find out the cause of the incident, as well as carry out the necessary legal procedures to protect the rights and legitimate interests of the deceased. However, because we are foreigners, do not live in Vietnam and are not familiar with the law, I do not know where to start. Therefore, I respectfully hope that the Lawyer can advise and support me on the following issues:
- Can we request the competent authorities in Vietnam to provide relevant documents and evidence? If so, what documents and evidence should we request, what procedures need to be prepared and how to carry them out?
- If the review process shows signs of violations in organizing the tour or ensuring the safety of tourists, what should my family do to protect the legal rights of the deceased?
Answer
First of all, we would like to share the great loss and send our deepest condolences to your family. In the current heartbreaking situation, clarifying the cause of the incident and ensuring the legitimate legal rights of the deceased is extremely important and needs to be done promptly and in accordance with the legal procedures in Vietnam. Below is the legal advice that we respectfully send to you:
- Regarding the request for documents and evidence from competent authorities in Vietnam
Your family, as the legal representative of the victim, has the right to send a written request to competent authorities in Vietnam to support the provision of documents related to the incident in order to protect the rights and legitimate interests of the deceased.
Based on the provisions of the Criminal Procedure Code Vietnam, the Law on Access to Information and related documents, the family may request the provision of certain types of documents, specifically as follows:
- Minutes of the testimony of the informant or witness (tour guide, tourist area staff, etc.);
- Video recording the entire course of the incident (including security cameras, flycams, phones, recording devices, etc. from 10:00 to 12:00 on the day of the incident);
- Forensic examination conclusion on the cause of death of the victim;
- Legal information related to the tour operator and tourist area, such as: business registration certificate, tourism operation license.
Procedures: The family will need to prepare some documents proving the relationship with the victim and the purpose of using the documents. The official request should be presented in a form that complies with regulations in Vietnamese, and sent to the correct competent authority.
- In case of signs of violations, what can the family do to protect the legitimate rights of the deceased?
After accessing relevant information and documents, if there are signs of: Lack of responsibility of the tour organization in ensuring safety, inadequacies in organizing rescue, or no appropriate risk handling plan, etc., the family can:
- Proceed to denounce the crime and request the competent police agency to initiate criminal proceedings according to the provisions of the Criminal Procedure Code;
- Request compensation for civil damages from the tour organizer or tourist area manager if it is proven that the violation of the obligation to ensure safety is the cause of the victim's death.
The steps include: submitting a denunciation - requesting charges, filing a civil lawsuit (if there is a basis), requesting compensation negotiations.
What can SB Law help with?
With many years of experience in handling cases involving foreign elements, SB Law deeply understands the difficulties that your family is facing when not living in Vietnam, lacking information and language barriers - especially during the painful time of losing a loved one. We are ready to accompany and support you throughout the entire process of handling legal cases as follows:
- Authorized representative in the entire process of working with competent authorities in Vietnam to carry out necessary procedures on behalf of the family;
- Draft and send official documents in Vietnamese to the competent authorities to request the provision of documents and evidence related to the case;
- Work directly with competent authorities, tour operators, tourist areas and related parties to collect information, verify details and assess legal responsibility;
- Legal advice and support in reporting, proposing to initiate a case if there are signs of law violations, or requesting compensation for civil damages;
- Support related administrative procedures, including: translation, notarization, consular legalization and other necessary documents to legally connect your family and Vietnamese agencies;
- Provide a team of highly specialized lawyers, fluent in foreign languages, experienced in handling similar cases, ensuring support throughout the process.
We are committed to working with a sense of responsibility, dedication and absolute confidentiality, and constantly striving to best protect the rights and legitimate interests of the deceased and their relatives.
SB Law sincerely shares the great pain and loss of your family. In every legal step, we always accompany as a trusted friend - not only to clarify the truth, but also to contribute to easing some of the pain that the victims and their families have suffered and are suffering.
