On the afternoon of May 22, continuing the 7th Session, the National Assembly discussed in plenary session in the hall a number of contents with different opinions of the draft Law on Road Traffic Order and Safety.
Adding more convincing grounds for alcohol concentration regulations when driving
Commenting on some cases of endogenous alcohol concentration, delegate Tran Van Tuan (Bac Giang) emphasized: "Checking whether traffic participants have consumed beer, wine, or alcoholic beverages through breath is basically accurate. However, for patients with some diseases such as cirrhosis, kidney disease, late-stage liver cancer... the body increases metabolism of substances with endogenous alcohol concentration. In this case, you should consult a medical facility to avoid wrongful convictions, although this case is very rare."
The report of the National Assembly Standing Committee also affirmed: "Regarding endogenous alcohol concentration, up to now, there is no clear basis and in practice, detection is very rare. It is possible to discuss with the authorities to re-check through blood tests to avoid erroneous handling results."
According to the delegate, the problem is that the determination of endogenous alcohol concentration is “not clearly grounded”, not that there is no ground. These are issues that need to be strictly regulated in the Law, to avoid unfair treatment of people who do not drink beer, wine and other alcoholic beverages when driving.
Delegate Tran Van Tuan suggested that it is necessary to continue researching, amending and supplementing Clause 2, Article 10 of the draft Law on prohibited acts as follows: “Driving a vehicle on the road with alcohol concentration in the blood or breath; except for cases where alcohol concentration in the blood or breath is due to illness leading to increased metabolism of endogenous alcohol concentration”. At the same time, it is necessary to add provisions to the Law on assigning the Government to specify in detail the cases that need to be determined and the method of determining endogenous alcohol concentration for people who are sick when driving vehicles; in order to avoid unjust handling of these cases.
Delegate Pham Van Hoa (Dong Thap) agreed with the view that if you drive, do not drink alcohol; according to the delegate, in the world, there are only 23 countries (including Vietnam) that regulate the alcohol concentration in the breath to be 0 when participating in traffic, most of the countries that prohibit alcohol concentration are Muslim countries. Delegate Pham Van Hoa suggested that the drafting agency study and allow the alcohol concentration threshold when participating in traffic for motorcyclists.
According to the analysis of delegate Ta Van Ha (Bac Giang), 90% of traffic accidents occur due to human awareness and perception. In Vietnam, many people's income is not enough to afford to rent a car service, this is also the opinion of many voters sent to National Assembly delegates at voter meetings.
Regarding this content, the National Assembly Standing Committee said that it had specifically and clearly analyzed the advantages and limitations of each option to report to the Conference of full-time National Assembly deputies and sent it to the National Assembly delegations, National Assembly agencies, and relevant agencies for comments. Most opinions agreed and had specific comments on the option to prohibit "driving a vehicle on the road with alcohol concentration in the blood or breath". The National Assembly Standing Committee agreed with the draft Law and most of the above opinions in order to protect the lives, health, and property of the people, protect resources for society, and protect the longevity of the race. Therefore, the National Assembly Standing Committee proposed that the National Assembly keep this provision.
Unify and avoid overlapping with other laws, especially the Road Law.
Regarding the scope of the Law, many National Assembly deputies suggested continuing to review the contents of the draft Law on Road Traffic Order and Safety and the draft Law on Roads to avoid duplication and overlap, and if there are any reference provisions, they must ensure accuracy. There were opinions suggesting transferring some chapters and articles in this draft Law to the draft Law on Roads and vice versa.
In response to the opinions of the delegates, the National Assembly Standing Committee directed the review, supplementation and revision of relevant articles in the draft Law; at the same time, the content between the two draft Laws was adjusted according to the principle: This Law regulates issues related to road traffic rules, road vehicles, road traffic participants, command, control, patrol, inspection, and accident settlement. The Road Law regulates issues related to planning, investment, construction, management, operation, exploitation, use, maintenance, and protection of road infrastructure and road transport.
Also at the meeting hall, delegates expressed many opinions on the contents of the draft law such as: Regulations on auctioning vehicle license plates to ensure publicity and transparency; regulations on allocating a portion of fines for traffic violations to serve the work of ensuring order and safety on roads; content and responsibility for educating legal knowledge on order and safety on roads; on careful review to ensure consistency and compliance with the scope of the Law...
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