Ensure compliance with actual conditions

The draft Road Law proposes many regulations to tighten the responsibility of transport enterprises in using drivers and operating transport. Specifically, Article 67 of the 2008 Road Traffic Law on conditions for doing business in automobile transport clearly states that enterprises, cooperatives, and business households doing business in automobile transport are not allowed to use drivers who are banned from practicing the profession according to the provisions of law.

Draft Road Law tightens responsibility of transport enterprises, regulates road land fund.

According to traffic experts, this provision continues to be included in the draft Road Law, but it should be separated into a separate clause in the regulations on the obligations of passenger transport enterprises, in the direction of clearly and transparently defining responsibilities. Transport enterprises are not allowed to use people without a driver's license or with a driver's license that is not suitable for the type of vehicle, or people whose driver's license is revoked or revoked to drive passenger transport vehicles...

If the 2008 Road Traffic Law stipulates that one of the operating conditions of a passenger transport enterprise is that the person directly operating the transport activities of the enterprise or cooperative must have professional qualifications in transport, in the draft Road Law, this provision is included in the obligations of transport enterprises, clearly showing the activities in transport management, including vehicle management, drivers, transport fares, etc.

In addition, the regulation on compensation for damage during transportation is also legalized in the regulation on the obligations of passenger transport enterprises in the draft Road Law. Passenger transport units are obliged to compensate for damage caused by employees and representatives during transportation according to the provisions of law. This will increase the responsibility of transport enterprises in managing drivers to ensure safety and compliance with legal regulations.

In order for drivers to consciously comply with traffic safety laws, transportation businesses also need to have regulations and binding terms in their labor contracts with drivers regarding compensation responsibilities when incidents occur that cause consequences and damage.

Another issue that the public is interested in contributing to the draft Road Law so that when implemented it will be suitable to actual conditions is that the draft law needs to have open regulations on land funds for road infrastructure and urban traffic. Synthesizing many voters' opinions, the draft law stipulates that the urban traffic land fund compared to urban construction land must ensure 16 - 26% for future urban development. If such a ratio is stipulated, when planning is forced to reclaim land, there will be potential complications.

According to Deputy Director of the Hanoi Department of Planning and Architecture Nguyen Duc Nghia, in the process of organizing and implementing planning projects on the traffic network, there are contents on the levels of roads, parking lots, etc., but these contents have not been regulated in the draft law. Underground space also needs to be integrated into the ratio of land fund for above-ground traffic.

In addition, the draft Road Law needs to have "open" regulations to ensure the mechanism for implementing traffic-related planning in the future. Previously, vehicles were arranged horizontally on the ground, now there are underground vehicles, elevated vehicles, public vehicles... Therefore, regulations on the proportion of land fund for urban traffic should not be rigid...

Explain, receive and revise the draft Road Law

The Draft Law on Roads submitted to the National Assembly for discussion at the 7th Session has received maximum input from National Assembly deputies, ensuring consistency in the legal system, feasibility, and conformity with the objectives of law-making, and meeting the conditions for reporting to the National Assembly for consideration and approval.

Report No. 839/BC-UBTVQH15 fully reported the content of explanation, acceptance, and revision of the draft Road Law, to ensure consistency in the legal system, compatibility with relevant international treaties, of which Vietnam is a member; the feasibility of the draft Law focuses on reviewing and revising to ensure consistency with the provisions of the Law on Public Investment, the Law on Investment under the Public-Private Partnership method, the Law on Construction, the Law on State Budget, the Law on Management and Use of Public Assets, the Law on Planning, the Law on Land, the Law on Fees and Charges, etc.

During the process of receiving and revising, the Standing Committee of the National Assembly directed the Standing Committee of the National Defense and Security Committee to closely coordinate with the Drafting Committee of the Law project to regularly update and unify the contents that overlap between the two drafts of the Road Law and the draft Law on Road Traffic Safety and Order.

The notable issue in the draft Road Law is the regulation on road infrastructure. Many delegates suggested clearly defining the responsibilities of the entities in investing, constructing, managing, operating, exploiting, and maintaining road infrastructure; many agreed with the regulation on decentralizing the investment, construction, management, operation, exploitation, and maintenance of road infrastructure to the provincial People's Committee if resources can be allocated; some suggested considering this content to ensure consistency with the provisions of the law on investment, the law on the State budget, etc.

The National Assembly Standing Committee has directed to absorb and make maximum adjustments according to the opinions of National Assembly deputies, focusing on the provisions in Article 8 (classification of roads by management level), Article 12 (land fund for road infrastructure), Article 15 (road safety corridor), Article 16 (use of land in road safety corridor), Article 28 (investment and construction of works belonging to road infrastructure), Article 31 (handover and putting road works into operation), Article 35 (maintenance of road infrastructure), Article 37 (responsibility for management, operation, exploitation and maintenance of road infrastructure), Article 41 (Costs of management, use, operation, exploitation and maintenance of road infrastructure), Article 42 (financial sources for investment, construction, management, operation, exploitation and maintenance of road infrastructure and revenue from road infrastructure)...

Regarding transportation activities, many opinions agree with the provisions of the draft Law, especially the provisions on automobile transportation business. Some opinions suggest considering and clarifying the provisions on conditions for automobile transportation business; suggesting defining the provision of connection software services as transportation support services. The National Assembly Standing Committee accepts the opinions of National Assembly deputies, revises the provisions in Chapter IV in the direction of reviewing and ensuring consistency with the provisions of the draft Law on Road Traffic Safety and Order, focusing only on the provisions on the management of transportation business activities, the responsibilities of enterprises in transportation business activities and services supporting road transportation activities.

Regarding the issue of State management of road activities, the majority of opinions agree with the provisions of the draft Law. Some opinions propose to stipulate that the Road Inspectorate is allowed to stop vehicles to handle and prevent violations of road infrastructure protection; some opinions propose to clearly stipulate that the Road Inspectorate does not conduct inspections of training, testing, granting of driving licenses, and vehicle inspection in the People's Public Security and the People's Army. The Standing Committee of the National Assembly added this in Clause 2, Article 83 of the draft Law to ensure consistency with the draft Law on Road Traffic Safety and Order, because the inspection of training, testing, granting of driving licenses, and vehicle inspection in the People's Army and the People's Public Security are carried out by the Ministry of National Defense and the Ministry of Public Security.

In addition to the above issues, the National Assembly Standing Committee has directed the review, revision and supplementation of a number of legislative contents and techniques as stated in Report No. 839/BC-UBTVQH15.

According to baotintuc.vn