At the discussion session at the National Assembly hall on the morning of November 24, many delegates suggested reviewing the contents of the Road Law project to avoid overlapping with the Law on Road Traffic Order and Safety.
Don't let one car be governed by two laws.
Delegate Nguyen Hai Dung (Nam Dinh delegation) agreed to build two Laws on Roads and the Law on Road Traffic Safety and Order. However, Delegate Dung realized that in the process of building, there are still many issues that need to be clearly distinguished to convert to one law or to keep in two laws.
He gave an example of a school bus, one person is the driver, one person is the student manager. In the draft Road Law, Article 72, Clause 2, it is stipulated that the driver must have at least 2 years of experience in passenger transport, but the draft Road Traffic Safety Law only stipulates the manager in the case of buses carrying primary and preschool students; for vehicles with more than 24 seats, there must be two or more managers.
Delegate Nguyen Hai Dung. (Photo: Quochoi.vn).
“A school bus is managed by two laws. So when applied in practice, it will be troublesome and difficult for both the transport business organizer, the school and the handling agency. Regulations on seniority of school bus drivers should be included in the Law on Road Traffic Safety and Order,” said delegate Dung.
Sharing the same view, delegate Nguyen Thi Mai Thoa (Hai Duong delegation) said that it is necessary to separate the Road Law to focus on regulating issues related to road traffic infrastructure and road transport. The drafting agency has tried to reasonably distinguish the contents under the scope of this law and the Law on Road Traffic Safety and Order.
However, according to Ms. Thoa, there are still some regulations that are being stipulated in two laws at the same time, causing inconvenience to people in the process of applying and implementing the law. The delegate suggested that the drafting agency continue to review to ensure that the regulations are not omitted, but also not duplicated, and easy to apply.
Regarding the issue of school buses, Ms. Thoa said that there are still some unreasonable regulations. She cited that the regulation that school-organized school bus services are internal transport activities is unreasonable because Article 61, Clause 13 of the draft law stipulates that internal transport activities by car are non-commercial transport activities for transporting people and goods on the road.
“Meanwhile, schools have to collect money to organize student pick-up and drop-off. In many cases, it is difficult to distinguish whether this is a business activity or not. Therefore, I propose to clearly stipulate that for student pick-up and drop-off services, the person who organizes the contract and is responsible must be the school, avoiding the situation of assigning the task to the parents’ committee,” said delegate Thoa.
Do not let toll stations in one place collect tolls in another place.
Delegate Nguyen Quang Huan (Binh Duong) acknowledged that the draft law was carefully and comprehensively prepared with an effort to separate one law into two laws, however, there are still some overlapping provisions between the Road Law project and the Road Traffic Order and Safety Law project.
Delegate Nguyen Quang Huan. (Photo: Quochoi.vn).
The delegate from Binh Duong said that the road development policy is still quite general, and suggested considering perfecting Article 5 of the draft Law.
Regarding toll stations, delegate Nguyen Quang Huan proposed clearly defining the location of the stations to avoid the situation where a station in one place collects fees for another route.
Regarding prohibited behaviors, the delegate suggested reviewing and re-expressing them to avoid being too specific and ensure more universality. On the other hand, the delegate also said that some of these behaviors are governed by ethics, so cultural institutions can speak out regarding this issue.
Delegate Nguyen Quang Huan suggested that Article 24 on construction and exploitation of technical infrastructure works, Article 32 on investment in road construction, or regulations on highways... should incorporate provisions on adaptation to climate change.
Regarding Article 50, Clause 7, which mentions compensation and resettlement support when building expressways, delegate Huan said that this content has been specifically regulated in the Land Law, so he suggested that it should not be included in the Road Law.
Quickly edit and complete the draft law dossier
Speaking to receive, explain and clarify the opinions of National Assembly deputies at the discussion session, Minister of Transport Nguyen Van Thang said he would accept the opinions contributed by National Assembly deputies.
Minister of Transport Nguyen Van Thang. (Photo: Quochoi.vn).
Regarding financial resources for investment in construction, management, operation, exploitation and maintenance of road infrastructure, there are suggestions to assess the necessity of adding highway usage fees in addition to road usage fees per vehicle.
Minister Nguyen Van Thang said that, implementing the National Assembly's policy in the Resolutions approving investment in expressways, the Ministry of Transport has researched the collection plan on expressways invested by the State, reviewed and analyzed the impact in case of toll collection and non-collection of tolls on expressways invested by the State.
To ensure the consistency between the contribution fee and the quality of service enjoyed by users, based on the principle that users of higher quality services must pay higher costs and users have the right to choose parallel routes, the draft Law has added this provision.
The collection level will be determined for each expressway route to ensure it is suitable for the operating conditions of each area, suitable for the service quality but does not exceed the benefits and payment capacity of expressway users, ensuring a balance between the interests of the people and the state.
Based on the opinions of the National Assembly deputies discussed in the Group, the Drafting Committee has made an initial report on acceptance and explanation. At the same time, through the discussion in the hall, the Minister of Transport will seriously accept the valid opinions to revise and complete the draft law and soon submit it to the National Assembly at the next session.
PHAM DUY
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