The Ministry of Public Security is seeking comments on a draft Decree regulating administrative sanctions for violations of traffic order and safety in the field of road traffic; deduction of points and restoration of driving license points.
In particular, the Ministry of Public Security proposed to lower the fine level compared to Decree No. 100/2019/ND-CP (amended and supplemented in Decree No. 123/2021/ND-CP) for violations of alcohol concentration not exceeding 50 milligrams/100 milliliters of blood or not exceeding 0.25 milligrams/1 liter of breath (minimum violation level), to match the nature and level of the violation.
Reduce fines but handle more seriously if causing accidents
Speaking with Dan Tri reporter, National Assembly delegate Pham Van Hoa - Deputy Head of the National Assembly Delegation of Dong Thap province, member of the National Assembly's Law Committee - said that the proposal to reduce the fine for the lowest alcohol concentration violation by the Ministry of Public Security is reasonable and in line with the current reality of people's lives.
Mr. Hoa analyzed that with the old fine at the minimum level of violation, especially for motorbikes, the amount of 2-3 million VND is high compared to the income of many people. Many violators accept to abandon their vehicles because the actual value of the vehicle is lower than the amount of fine they have to pay.
Delegate Pham Van Hoa, member of the National Assembly's Law Committee (Photo: Government Electronic Information Portal).
"Just looking at the temporary parking lots of the commune and ward police, not to mention the district police, we see that they are full of cars and almost all of them are abandoned," said Mr. Hoa.
He also said that the above proposal is humane, in cases in rural and mountainous areas. The delegate gave an example, in the countryside, where many ethnic people have little knowledge, combined with customs and traditions, parties often have alcohol, they can easily violate the alcohol concentration but at a "little" level.
Meanwhile, in the highlands and rural areas, there are no public transport or service vehicles, forcing people to ride motorbikes.
However, Mr. Hoa suggested that people who violate alcohol concentration, even at the lowest level, once causing a traffic accident, need to be handled more severely.
Sharing the same view, lawyer Nguyen Van Chien - Deputy of the 14th National Assembly, member of the National Assembly's Judicial Committee - commented that the new proposal of the Ministry of Public Security has advantages and will receive the majority of support from the people.
According to lawyer Chien, reducing the fine is more suitable to Vietnamese customs and practices, especially in mountainous areas, with ethnic minorities, and suitable to the economic conditions and capabilities of the majority of working people.
Lawyer Nguyen Van Chien, 14th National Assembly Delegate, Member of the National Assembly's Judiciary Committee (Photo: Government Electronic Information Portal).
On the other hand, according to Mr. Chien, the fact that the Ministry of Public Security only proposed a reduction still makes people form a culture of not drinking alcohol when participating in traffic.
“The Ministry of Public Security proposes to reduce the fine level and maintain the regulation prohibiting the use of alcohol while participating in traffic to create awareness and habits of obeying the law, as well as to make the implementation process more transparent, easier and avoid negativity,” said Mr. Chien.
Absolute ban on alcohol concentration creates positive change
Sharing with Dan Tri reporter, National Assembly delegate Nguyen Thi Viet Nga - Deputy Head of the National Assembly Delegation of Hai Duong province, member of the National Assembly's Committee on Culture and Education - commented that the proposal to reduce the penalty level does not conflict with the previous regulation on absolute prohibition of alcohol concentration.
According to Ms. Nga, reducing the fine for alcohol violations to the minimum level is reasonable, because the ultimate goal of the penalty is to ensure traffic safety for people, as well as to ensure their property and lives.
In addition, Ms. Nga also mentioned the regulation on deducting points from the Driver's License and said that the combination of both fines and driver's license deductions is even more severe and deterrent than imposing high fines and revoking driver's licenses.
Delegate Nguyen Thi Viet Nga (Photo: Government Electronic Information Portal).
“There are specific regulations on violations and the corresponding number of points deducted from the driver's license. If all 12 points are deducted within 12 months, it is mandatory to retake the test to have the points restored and the driver's license valid again. This requires traffic participants who have violated and had points deducted to have a good sense of compliance so that they do not have all the points deducted and have all 12 points restored,” Ms. Nga analyzed.
Looking back at the time of applying the regulation of absolute prohibition of alcohol concentration when participating in traffic, Ms. Nga realized that the majority of people had formed a habit of not using alcoholic beverages when participating in traffic.
“Positive change” is Ms. Nga’s assessment. According to this female delegate, people’s lifestyle and awareness have changed, most specifically, there is no longer a situation of “forcing each other to drink alcohol”.
"Just give the reason that you will be driving and people will be very sympathetic and will not force you to drink anymore," said Ms. Nga.
Sharing more about alcoholic beverages, she said that alcohol abuse is the leading cause of non-communicable diseases. Strict regulations on alcohol concentration not only help reduce traffic accidents, but also have a positive impact on people's health, especially the health of the race.
“Changing people's awareness towards a more civilized lifestyle in society, thereby ensuring the health of individuals in the community,” Ms. Nga said, adding that this has profound meaning.
Applying sanctions must ensure feasibility.
Lawyer Dr. Dang Van Cuong (Head of Chinh Phap Law Office) said that the option of lowering the penalty to the minimum alcohol concentration threshold is reasonable.
“Based on the practical handling of violations under Decree 100 from 2019 to present, based on the socio-economic development situation, and the awareness of law compliance of traffic participants, reducing the level of administrative penalties for some cases of alcohol concentration violations at such low levels is necessary, demonstrating humanity and being consistent with socio-economic development conditions,” said Mr. Cuong.
Mr. Cuong analyzed that if we summarize the practice of handling administrative violations related to alcohol concentration, it shows that those who violate alcohol concentration at low levels are often poor workers, and the fine of 2-3 million VND for them can be equal to half a month's salary...
Lawyer Dang Van Cuong (Photo: Hai Nam).
“Punishing them with administrative penalties like that will affect their lives and cause negative psychology for the fined person, while if another solution is applied, such as propaganda and education, it will probably be more effective,” said the Head of the Chinh Phap Law Office.
Lawyer Cuong believes that administrative sanctions must first be based on the law on handling administrative violations. Accordingly, there are currently five forms of sanctions for administrative violations, including: Warning; fine; temporary revocation of the right to use a license or practice certificate or temporary suspension of operations; confiscation of evidence of administrative violations and means used to commit administrative violations; and expulsion.
“Therefore, it is necessary to consider which form of punishment to apply to which behavior to ensure feasibility and effectiveness in administrative management.
"The application of the form of punishment and the level of punishment must be based on the socio-economic development conditions, awareness and law-abiding consciousness of traffic participants, and ensure the effectiveness of law enforcement, feasibility and suitability with the majority of people's wishes," said lawyer Dang Van Cuong.
For drivers of cars and similar vehicles, 4-wheeled motorized passenger vehicles, and 4-wheeled motorized cargo vehicles driving on the road, the Ministry of Public Security proposes a fine of 800,000 VND to 1 million VND, instead of the current fine of 6-8 million VND.
For drivers of motorbikes, mopeds, and other similar vehicles, the Ministry of Public Security proposes a fine of VND400,000-600,000, instead of the current fine of VND2-3 million.
For specialized motorbikes, the Ministry of Public Security proposed a fine of 800,000-1 million VND, instead of the fine of 3 to 5 million VND as currently regulated.
Dantri.com.vn
Source: https://dantri.com.vn/xa-hoi/dbqh-de-xuat-giam-tien-phat-vi-pham-nong-do-con-o-muc-toi-thieu-la-hop-ly-20240803171603259.htm
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