ABSOLUTE BAN IS UNREALISTIC
The draft Law on Road Traffic Order and Safety stipulates that it is prohibited for people to "drive vehicles while having alcohol in their blood or breath." However, in its review report, the National Assembly's Committee on National Defense and Security said that some opinions said the draft regulation was too strict and needed to be reconsidered.
Deputy Pham Nhu Hiep
Speaking at the group yesterday, delegate Pham Nhu Hiep, Director of Hue Central Hospital, said that alcohol concentration should be regulated for each type of vehicle, not generally, because "if people drink a little alcohol while riding a bicycle and are fined, the implementation of the law will be complicated". Delegate Hiep agreed that if they drink alcohol and then participate in traffic, they should be fined. However, there are cases where people drink in the evening, and when they go to work the next morning, their blood still has alcohol concentration, so if they are fined, it will cause concern.
Sharing the same view, Deputy Nguyen Quang Huan (Binh Duong delegation) cited an example in Finland, if you drink 1 bottle of beer within 1 hour, the stimulant will no longer have enough effect and you can drive; in the case of drinking 2 bottles of beer, the time needed is 3 hours. Meanwhile, Vietnam absolutely prohibits it. "For example, if you drank a little last night, the alcohol concentration will still be there this morning and you will violate the law. That is not realistic," Mr. Huan stated and suggested that Finland's experience could be applied in the direction of regulating the alcohol concentration at which level you are not allowed to drive instead of an absolute ban.
Delegate Pham Khanh Phong Lan (HCMC delegation) said that the regulations in the draft should be redesigned in the direction of choosing a low alcohol concentration level that cannot be exceeded, because "sometimes even if you don't drink anything, blowing on it will still increase the alcohol concentration". Ms. Lan suggested that there should be a reasonable and a roadmap in banning drinking alcohol while driving, so that people can gradually limit and eventually not use alcohol before driving.
Deputy Pham Khanh Phong Lan
On the contrary, according to the National Defense and Security Committee, there are also some opinions agreeing with the regulation of absolute prohibition of alcohol concentration as drafted, because this content is currently stipulated in the Law on Prevention and Control of Harmful Effects of Alcohol and Beer and practical implementation has proven its effectiveness.
NEED A MECHANISM TO AVOID NEGATIVES LIKE Thanh Buoi
Discussing the draft Road Law, citing the negative aspects of Thanh Buoi bus company recently discovered by the authorities, Deputy Ta Thi Yen (Dien Bien delegation) said that many new types of transportation have appeared in the market, and there needs to be a mechanism to manage them to avoid negative situations. Specifically, according to Ms. Yen, to determine which enterprises are doing transportation business, the draft law is using two criteria: "operating vehicles, drivers" and "deciding on transportation fares". However, in reality, these are just supporting operations in the transportation business process. On the other hand, having a type called "passenger transportation business under contract" may cause misunderstandings, because basically, all types of transportation business must be under contract. Deputy Yen suggested calling this type "passenger transportation business by private rental vehicles", similar to the way it is called in Malaysia, Singapore, England, etc.
In addition, Deputy Tran Van Khai (Ha Nam delegation) said that the promulgation of policies to develop road traffic, mobilize and maximize social resources in the Road Law this time will determine the success in implementing the planning of the road traffic system in Vietnam in the next 10 years.
According to the Government's calculations, the capital investment demand for the national road network by 2030 is about VND900,000 billion, of which VND728,000 billion is for expressway projects. However, the Road Law project has not been carefully designed to encourage socialization of investment in road infrastructure. Deputy Khai suggested that it is necessary to review and supplement more specific provisions on this policy.
Still wondering about separating the Road Traffic Law
Discussing in groups, many delegates still asked the drafting committee to evaluate and consider whether to separate the Road Traffic Law into two laws: Road Law and Road Traffic Order and Safety. Delegate Nguyen Thanh Phong (Vinh Long delegation) said that the 2008 Road Traffic Law should not be separated into two laws as being submitted to the National Assembly. The reason is that these two laws complement each other, if separated, there will be overlap and duplication. Instead, the 2008 Road Traffic Law should be reviewed to see what limitations exist and what should be supplemented and adjusted.
Minister of Public Security To Lam explained that the separation of the laws has a very important political basis, which is Directive No. 23 dated May 25 of the Secretariat, which clearly states that these two laws must be developed. According to him, the task and responsibility of the National Assembly is to institutionalize and concretize the Party's viewpoint on the issue of ensuring traffic order and safety in accordance with the spirit of the directive.
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