Soon complete the Decree guiding the implementation of 2 Laws on Roads

Kinhtedothi - The Government Office has just issued Notice No. 501/TB-VPCP dated November 1, 2024, summarizing the conclusions of Deputy Prime Minister Tran Hong Ha at the meeting to review the draft Decrees detailing and guiding the implementation of the Road Law and the Law on Road Traffic Order and Safety.

Expeditiously finalize the Decrees detailing and guiding the implementation of the Road Law and the Law on Road Traffic Order and Safety.

The concluding announcement stated that, in implementing the Road Law and the Law on Road Traffic Order and Safety (2 Laws), the Ministry of Public Security , the Ministry of Transport and other Ministries, sectors and localities have urgently and diligently implemented the assigned tasks, coordinating the drafting of detailed regulations and guidelines for implementation as assigned by the Prime Minister in Decision No. 717/QD-TTg dated July 27, 2024.

However, the Road Law and the Law on Road Traffic Order and Safety contain many new and comprehensive provisions related to investment in the development of traffic infrastructure, vehicles, modes of transport, and ensuring order and safety for people and vehicles participating in traffic. Therefore, during the drafting process, there are still many differing opinions that need to be further reviewed and refined so that the Decrees are feasible when promulgated, creating a strong legal framework that best meets the management needs of each field, enhancing transparency and fairness for citizens and businesses; and at the same time thoroughly overcoming the "fragmentation" and parochialism in lawmaking.

To expedite the completion of the Decrees on schedule and ensure quality, the Deputy Prime Minister requested the Ministry of Public Security and the Ministry of Transport to research, explain, and clarify each content with differing opinions, especially the Ministry of Justice 's assessment of each draft Decree (including clarifying the political, legal, and practical basis...), finalize the draft Decrees, and report to the Prime Minister before November 2, 2024.

Completely decentralize the management and operation of road infrastructure to local authorities.

Regarding the draft Decree detailing and guiding the implementation of several articles of the Road Law; Article 77 of the Law on Road Traffic Order and Safety, the Deputy Prime Minister requested the Ministry of Transport to continue reviewing and thoroughly decentralizing the management, investment, exploitation, use, and maintenance (management) of road infrastructure to localities in accordance with the provisions of the Road Law, in the direction of clearly defining the conditions and criteria for each type of infrastructure project managed by the central government and decentralized to localities; in case of difficulties or obstacles related to the provisions of the law on budget and public investment for 2025 and the budget stabilization period 2021-2025, consider stipulating some contents in the transitional clause to avoid affecting public investment activities in 2025.

Reviewing matters related to highway management: (i) Upgrading and expanding highways using the PPP method through bidding to select investors, appointing existing investors, or the state implementing the project…; (ii) The study of investing in rest stops must be carried out simultaneously during the project investment study phase.

Regarding the draft Decree regulating driver training and testing activities: The Ministry of Transport will continue to review the conditions and standards of driving practice areas, ensuring continuity and suitability with practical management; training vehicles must meet training requirements and comply with the requirements for driver's license categories as prescribed; driving instructors must undergo periodic health checks, similar to those for commercial transport drivers, as stipulated by the law on road traffic safety; the Ministry of Transport will coordinate with the Ministry of Public Security before reporting to the Prime Minister.

Focus on thoroughly reviewing regulations on ensuring traffic order and safety for vulnerable groups.

Regarding the draft Decree detailing and implementing the Law on Road Traffic Order and Safety, the Deputy Prime Minister requested the Ministry of Public Security to focus on thoroughly reviewing the regulations on ensuring traffic order and safety for vulnerable groups participating in traffic, such as students, the elderly, and people with disabilities; and to add provisions stipulating the responsibilities of families, schools, and educational institutions in managing students' use of motorcycles in traffic in accordance with the law.

At the same time, review and supplement the regulations on the database of traffic order and safety, ensuring it is complete, interconnected, and synchronized with other functional agencies to serve the management and operation of transportation and traffic order and safety, and convenient for citizens and businesses to access and implement.

In addition, the regulations should be supplemented to promote the application of science and technology in traffic management and operation, aiming to reduce direct patrol, control, and violation handling activities; further clarify the legal and practical basis for the scope and subjects requiring licensing of smart vehicles, as assessed by the Ministry of Justice (the Ministry of Public Security and the Ministry of Transport should study the experiences of other countries in managing smart vehicles to improve the legal framework and meet management requirements).

The study proposes separating the content on the Road Traffic Accident Damage Reduction Fund (Chapter VII of the draft Decree) into a separate Decree, in accordance with Clause 5, Article 85 of the Law on Road Traffic Order and Safety. The Ministry of Public Security is tasked with leading and coordinating with the Ministries of Finance, Justice, Transport, and other relevant agencies to draft the Decree and submit it to the Government before June 30, 2025.

Each stopping and parking area must ensure traffic safety and have a roof cover.

Regarding the draft Decree regulating road transport activities, the Deputy Prime Minister requested the Ministry of Transport to carefully study the provisions of the two Laws, reflecting innovative management methods and thoroughly addressing existing shortcomings and inadequacies in transport business operations. This includes reviewing regulations on routes, itineraries, schedules, and conditions for vehicles departing from terminals and depots, addressing issues such as illegal taxis and unauthorized terminals, and preventing transport businesses from overcrowding each other and passengers, which disrupt public order, compromise traffic safety, and create unfair competition.

At the same time, review and supplement the regulations on the construction and issuance of standards for stopping and parking points along the route, ensuring that each stopping and parking point guarantees traffic safety, has a roof, fire safety, environmental hygiene, and provides complete information about the vehicle's journey to/from the point… to make it easily accessible to passengers and ensure transparency in transportation business operations.

Review the terminology in the draft Decree to ensure its common usage and ease of understanding; review to ensure compliance with relevant laws and international treaties.

Source: https://kinhtedothi.vn/som-hoan-thien-nghi-dinh-huong-dan-thi-hanh-2-luat-ve-duong-bo.html