Continuing the agenda of the 6th Session, on the afternoon of November 24th, the National Assembly held a plenary discussion on the draft Law on Road Traffic Order and Safety.
One of the issues of concern to National Assembly deputies is the proposal to consider a regulation that absolutely prohibits individuals from "driving vehicles while having alcohol in their blood or breath."
Speaking to the press in the corridors of the National Assembly, National Assembly Deputy Pham Khanh Phong Lan (from Ho Chi Minh City) expressed concern that, with the regulations in the draft, anyone participating in traffic who is asked by the police to take a breathalyzer test could be fined at the lowest level.
National Assembly Deputy Pham Khanh Phong Lan (Photo: Hoang Bich).
"What does it mean not to exceed 50 milligrams/100 milliliters of blood? If so, then Zero (0) also means not to exceed 50 milligrams/100 milliliters of blood?", Ms. Lan asked.
Therefore, Ms. Lan suggested that the regulations need to be redesigned to specify the alcohol concentration levels, with a lower limit. For example, what is the penalty for a blood alcohol concentration of 1-50 milligrams/100 milliliters of blood, and what is the penalty for a concentration of 50-100 milligrams/100 milliliters of blood?
"Otherwise, sometimes even without drinking anything, a breathalyzer test can still show a positive alcohol level because the digestive system itself produces gas and vapor, and a breathalyzer test can increase the alcohol concentration," Ms. Lan said.
This regulation needs to be reasonable and have a specific roadmap to encourage people to limit, and eventually eliminate, alcohol consumption before driving.
Ms. Lan emphasized: "We are campaigning to encourage people to drink less alcohol, not to encourage them to avoid the police. We must empower people to control their own conscience, not give absolute power to the police like this."
Speaking to Nguoi Dua Tin , Representative Pham Van Hoa - Member of the Law Committee ( Dong Thap Provincial National Assembly Delegation) - said that breath alcohol levels should be accepted, but they must be within certain limits as stipulated by law.
Mr. Hoa explained that currently, there are many cases where food is prepared using a small amount of alcohol: "In this case, if someone is fined after eating and their blood alcohol level is measured, it's not fair. This is a drawback. Furthermore, there are cases where people drink a small amount of alcohol but wait several hours before drinking. Even if they drink in the afternoon, go home, rest, and sleep until the next morning, I'm sure that when their blood alcohol level is measured, there will still be traces of alcohol in their breath."
The representative from Dong Thap province reiterated: "The regulation prohibiting drinking alcohol is correct, but there must be clear and specific regulations regarding the permissible blood alcohol concentration (BAC) level for drivers. This would ensure compliance."
At the same time, delegates argued that a truly objective assessment of this issue is needed, taking into account rural culture, ethnic groups, and holidays: "Especially in rural areas, ethnic minorities and customs, holidays... alcohol and beer are present on all occasions."
Responding specifically to concerns that relaxing the alcohol concentration limit could lead to excessive drinking, Mr. Hoa suggested that instead of setting a "zero alcohol concentration" limit, regulations should specify a concrete percentage for breath alcohol concentration.
The regulation setting the blood alcohol concentration at "0" has received attention from National Assembly deputies.
Regarding this matter, on November 10th, during a group discussion session, the Minister of Public Security, General To Lam , stated that the law stipulating that driving a vehicle while under the influence of alcohol in the blood or breath is a prohibited act aims to ensure the health of road users, prevent alcohol abuse, protect future generations, and reduce traffic accidents.
This content is also consistent with the provisions of the Law on Prevention and Control of Harmful Effects of Alcohol (Clause 6, Article 5 stipulates that driving a vehicle with alcohol in the blood or breath is a prohibited act).
According to the government's explanation, driving under the influence of alcohol impairs a person's ability to judge and handle situations while on the road.
In reality, many serious traffic accidents have occurred, resulting in numerous deaths and injuries, due to drivers violating alcohol concentration limits.
Article 8 of the draft Law on Road Traffic Safety stipulates prohibited acts, including "driving a vehicle while having alcohol in the blood or breath." This also serves as the basis for law enforcement to stop vehicles for inspection and control.
The reviewing body – the National Assembly's Committee on National Defense and Security – stated that some members of the Committee suggested reconsidering this content because it is "too strict and not truly in line with the culture, customs, and traditions of a segment of the Vietnamese population, affecting the socio-economic development process of many localities."
These members suggested consulting international experience and establishing appropriate alcohol concentration levels for each type of vehicle, ensuring consistency with the provisions of the Criminal Code.
However, some other members of the Committee agreed with the Government's proposal because this content is already stipulated in Clause 6, Article 5 of the Law on Prevention and Control of Harmful Effects of Alcohol (strictly prohibiting driving vehicles with alcohol in the blood or breath) and its effectiveness has been proven in practice .
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