The Vinh Xanh 58, carrying 49 people, capsized on 19/7 after leaving Bai Chay port (Quang Ninh) during a storm, resulting in 38 deaths. The boat overturned within seconds and lost its GPS connection at 2:05 p.m. Rescue teams received the first report of the accident two hours later.
Authorities initially concluded the Vinh Xanh was designed taller than standard regulations and lacked an automatic emergency beacon. This prevented monitoring agencies from quickly detecting the loss of the boat's GPS signal.
Quang Ninh province police have not yet announced whether there are signs of criminal activity in this exceptionally serious accident. Regarding civil liability, the Insurance Supervisory Authority (Ministry of Finance) said insurance companies are expected to pay victims approximately 14.3 billion VND. This includes over 10 billion VND from individual life insurance policies and around 4 billion VND from the boat owner's liability insurance.
The boat owner's responsibility
According to lawyer Nguyen Huu The Trach (Ho Chi Minh City Bar Association), the boat accident, resulting in significant loss of life and property, requires clear determination of liability for compensation under the law. Article 584 of the 2015 Civil Code states that anyone whose actions infringe upon the life, property, or legal rights of others must compensate, unless due to force majeure or the victim's complete fault.
"In this case, there are grounds to determine fault lies with the owner of the Vinh Xanh 58," Trach said. According to Article 19 of the 2004 Inland Waterway Traffic Law (amended 2014), vessels must be fully equipped with safety devices, including life-saving, salvage equipment, and distress signal devices according to national technical regulations. However, the preliminary investigation suggests the Vinh Xanh 58 lacked or had insufficient rescue signal devices, crucial for alerting and calling for timely help in emergencies.
"This lack of technical equipment is a violation of the obligation to ensure passenger safety and a breach of technical standards for tourist boats. This is a direct and serious error by the boat owner in operating the vessel. Consequently, rescue forces couldn't reach the scene in time, leading to increased casualties," Trach said.
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Search and rescue forces try to right the boat to find people trapped inside, evening of 19/7. Photo: Xuan Hoa |
Search and rescue forces try to right the boat to find people trapped inside, evening of 19/7. Photo: Xuan Hoa
Lawyer Nguyen Minh Hung (Ho Chi Minh City Bar Association) agrees, stating that the Vinh Xanh 58's owner is directly liable for the damages, even if not at fault. According to Article 623 of the 2015 Civil Code, inland waterway vessels are classified as high-risk sources, and the owner must compensate for damages even without fault, unless the damage is entirely the victim's fault or due to force majeure.
Additionally, the boat operator (captain or person directly operating the boat at the time of the accident) may also be held responsible if at fault in operating the vessel. This includes failing to comply with traffic safety regulations, not issuing emergency signals, not heeding weather warnings, or not providing enough life jackets.
Only if the boat operator fully complied with regulations and the accident was entirely due to force majeure (a whirlwind or unexpected extreme weather event that was impossible to predict or prevent), can liability for compensation be excluded under Article 584, Clause 2 of the Civil Code.
Multiple insurance companies are liable for compensation
Both lawyers agree insurance companies are also liable if the boat owner and passengers had insurance. Authorities confirmed the Vinh Xanh 58 had compulsory civil liability insurance provided by Bao Long Quang Ninh Insurance Company. Some passengers also had life or personal accident insurance policies with companies like Generali, Manulife, Bao Viet, Dai-ichi Life, Prudential, and AIA.
Under Clause 4, Article 7 of Decree 70/2017/ND-CP, passenger transport businesses operating by waterway are required to have civil liability insurance. In accidents causing harm to passengers' health or life, the insurance company must pay a minimum of 30 million VND per person per incident, according to the signed contract.
"Insurance payouts are a financial support mechanism, but they don't eliminate the boat owner's remaining civil liability if damages exceed the insured amount or fall outside the insurance coverage," Hung said.
Where are the signs of criminal activity?
Speaking to VnExpress earlier, Hoang Giang, former Head of Maritime Safety at Hai Phong Maritime Port Authority, said the Vinh Xanh 58 capsizing in just seconds was "unusual". Authorities need to clarify related factors such as design, load, weather conditions, and operation.
VR-SI boats are typically small, designed for near-shore operation, on rivers or calm waters. If they encounter large waves exceeding standards, they can easily become unstable, especially with a high center of gravity or lack of a stabilizing system. Authorities need to check the height, any design changes or modifications if any.
Lawyer Nguyen Minh Hung suggests that if the accident is determined to be due to technical errors like unauthorized boat modifications altering the structure without re-inspection, both the boat owner and the inspection agency could be held responsible. If the boat owner operated beyond permitted limits, didn't restrict operations during rough seas, or didn't equip the boat with an automatic emergency beacon (EPIRB), they could face criminal charges under Article 272 of the Penal Code, in addition to civil liability.
If the boat's design has serious flaws like a high center of gravity, lack of a stabilizing system, or insufficient safety equipment leading to delayed rescue, responsibility could extend to the design unit, registration agency, port authority, or supervisory body if they allowed the boat to operate without meeting technical requirements or without re-inspection after modifications. Victims and their families have the right to sue the boat owner and related parties for compensation and request action if there are signs of technical or official violations.
According to the lawyers, joint liability from state agencies only arises if there are violations in licensing, supervision, or failure to provide timely weather warnings.
"In all cases, the victims' rights need to be prioritized and addressed promptly to partially alleviate their losses," said lawyer Nguyen Huu The Trach.
Hai Duyen
