The capsizing of the Vinh Xanh 58 vessel carrying 49 people in Ha Long Bay, which resulted in 36 deaths, stands as one of the most severe maritime tragedies in recent years. Beyond shocking public opinion, the incident raises serious legal questions regarding the responsibility of the parties involved.
In an interview with Đời sống & Pháp luật (Life & Law Newspaper), Lawyer Nguyễn Thị Ngọc Anh – Managing Director of ATA Global Law Firm – shared her legal perspective on this case.
According to Lawyer Ngọc Anh:
"Based on press reports, the accident shows signs of multiple violations: The captain ignored weather warnings. Some surviving passengers stated they requested to turn back due to worsening weather, but the captain continued the journey. There were no sufficient safety measures in place — the vessel reportedly lacked proper life jacket distribution and safety instructions for passengers. Regarding crew composition: The vessel had 3 crew members, meeting the minimum standard (1 captain, 1 chief engineer, 1 sailor) for boats carrying under 50 passengers, as per regulations. However, the crew's actual professional qualifications need further verification..."
She added that under Article 272 of the 2015 Penal Code, criminal liability applies to the “operator of the vessel” (the captain) if traffic safety regulations are violated. However, as reported by the media, the captain died in the incident. According to Clause 7, Article 157 of the 2015 Criminal Procedure Code, the death of the person committing the dangerous act is grounds for not initiating criminal proceedings. Therefore, criminal prosecution under Article 272 cannot proceed, unless it is discovered during investigation that the captain had handed control to another person who is still alive.
In the case where the captain or vessel owner is deceased, victims or their families may only seek compensation through third-party mandatory liability insurance. It is known that the insurance contract for Vinh Xanh vessel was valid from April 14, 2025 to April 14, 2026, with a maximum payout of 250 million VND per incident, including up to 30 million VND per person for loss of life. Victims' families can contact the insurance provider to file compensation claims.
Lawyer Ngọc Anh emphasized:
"The Vinh Xanh 58 sinking was not merely a natural disaster but may also involve serious violations in vessel management, operation, and safety oversight. Authorities must conduct a thorough investigation, verify the vessel’s technical condition, crew qualifications, and the accountability of port and maritime management agencies..."
???? Read the full article on Đời sống & Pháp luật:
https://doisongphapluat.com.vn/goc-nhin-phap-ly-vu-lat...
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We hope this legal perspective helps readers gain deeper insights into the legal implications of the tragedy.
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