The draft consists of 8 chapters and 61 articles, regulating road traffic rules; conditions for vehicles participating in road traffic and drivers participating in road traffic; commanding and controlling traffic to ensure order and safety of road traffic...
Hau Giang Provincial Police held a conference to provide information and collect comments on draft laws drafted by the Ministry of Public Security to be submitted to the 15th National Assembly at the Fifth Session. Photo: D.B
In the chapter on general provisions, the draft stipulates: Scope of regulation; subjects of application; explanation of terms; principles of ensuring road traffic order and safety; State policies, propaganda, dissemination, education of laws and database on road traffic safety; and provisions on prohibited acts.
Regarding road traffic rules, the bill has 24 articles including: General rules; compliance with the road signal system; compliance with regulations on speed and distance when driving; lane use; overtaking and giving way to vehicles requesting to overtake; changing direction; reversing; avoiding oncoming vehicles; stopping and parking; opening vehicle doors; using lights; using horn signals; giving way at intersections; crossing ferries and pontoon bridges; traffic at level crossings and railway bridges; traffic on highways; traffic in road tunnels;
Regulations on priority rights and priority signals of certain types of vehicles; cases of carrying people on cargo vehicles; tractors and trailers; pedestrians, disabled people, the elderly, children participating in traffic; drivers, passengers on bicycles, motorbikes, drivers of other rudimentary vehicles; drivers, people leading livestock, drivers of animal-drawn vehicles on roads; drivers, passengers on motorbikes, mopeds, types of vehicles similar to motorbikes and types of vehicles similar to mopeds participating in traffic.
Hau Giang traffic police handle a case of traffic safety violation. Photo: TP
According to the Drafting Committee of the draft law, on the basis of internalizing the provisions of the 1968 Vienna Convention on Road Traffic in accordance with Vietnam's conditions, inheriting the relevant provisions of the 2008 Road Traffic Law, and legalizing a number of provisions in sub-law documents, the draft Law has amended, supplemented, and re-described a number of provisions in accordance with practice.
In the chapter regulating conditions for vehicles participating in road traffic and drivers of vehicles participating in road traffic, the draft stipulates: Conditions for motor vehicles, specialized motorbikes, and rudimentary vehicles participating in road traffic; granting and revoking registration certificates and license plates for motor vehicles and specialized motorbikes; responsibilities of vehicle registration agencies; rights and obligations of owners of motor vehicles and specialized motorbikes; conditions for drivers of vehicles participating in road traffic; driving licenses; age and health of drivers; driver training; driving tests; granting and revoking driving licenses.
The drafting committee assessed that, compared to the 2008 Road Traffic Law, this draft Law has added detailed regulations on many contents on vehicle registration and license plate issuance, which are more specific and clear, ensuring the requirements of administrative reform, application of modern science and technology, and serving the people.
Regarding drivers participating in traffic, the draft Law stipulates many new points such as: People aged 17 or older can register to learn to drive; learners can choose a driving training facility, a driving instructor as required, and can be trained or choose to self-study knowledge of road traffic laws; people who are confirmed by the training facility to have completed the training program can be selected and registered with the training management agency, testing, and issuing driving licenses to attend the test; the results of driving training and testing must be publicly disclosed; amending some categories of driving licenses to comply with the 1968 Vienna Convention...
Chapter IV regulates traffic command and control to ensure order and safety on roads, with 7 articles, including regulations: Traffic command and control; ensuring traffic safety in case of incidents or unexpected situations; ensuring traffic order and safety when organizing events on roads; ensuring traffic safety for vehicles carrying oversized and overweight goods, explosives, explosive items, and radioactive substances participating in road traffic; recommendations on traffic safety for road works; prevention and resolution of traffic congestion; traffic command center.
Specifically, the Drafting Committee informed that the above contents are new compared to the 2008 Road Traffic Law to specify measures and mechanisms for organizing safe traffic, preventing and resolving traffic congestion and overcoming shortcomings that are the causes of traffic accidents and traffic congestion.
Regarding the chapter on handling road traffic accidents, the law specifically addresses the responsibilities of vehicle drivers, related persons and persons present at the scene of traffic accidents; detecting, receiving, handling reports, rescuing traffic accidents; investigating, handling and recording traffic accidents.
These are new contents compared to the 2008 Road Traffic Law, because the work of handling traffic accidents is directly related to the rights and obligations of the people and the responsibilities of many agencies that need to be legalized to ensure unity and ensure the legal rights and obligations of the parties involved in traffic accidents.
Regarding patrol and control activities, the draft has 4 articles, regulating the content, form and force performing patrol and control; stopping vehicles participating in road traffic for control; detecting violations of laws on road traffic order and safety; moving vehicles that violate stopping and parking on roads, causing traffic obstruction, congestion or risk of traffic accidents.
Comparison shows that these are also new points compared to the 2008 Road Traffic Law to improve the effectiveness of prevention, detection and punishment of violations; change patrol and inspection methods in a modern direction, and improve the effectiveness of law enforcement.
There is no lack of a chapter regulating state management of road traffic safety. This draft chapter regulates: State management content of road traffic safety; State management responsibility of the Government; State management responsibility of the Ministry of Public Security; management responsibility of ministries, ministerial-level agencies, and People's Committees at all levels.
Accordingly, the Government unifies the state management of road traffic safety; the Ministry of Public Security is responsible to the Government for state management of this field; ministries and ministerial-level agencies, within the scope of their tasks and powers, are responsible for coordinating with the Ministry of Public Security to implement management; People's Committees at all levels, within the scope of their tasks and powers, implement state management of road traffic safety in the locality.
Driver's license and car license plate auction issues At the 10th Session of the 14th National Assembly, many National Assembly deputies gave their opinions on the contents of the chapters, articles, clauses, and structure of the draft Law; many deputies were interested in new regulations such as driving license points and car license plate auctions. In response to the opinions of National Assembly deputies, ministries, departments, agencies, organizations and individuals, the Government has directed the Ministry of Public Security to revise the detailed content of the draft Law, such as: Scope of regulation, prohibited acts, traffic rules, conditions for vehicles participating in traffic and drivers participating in traffic, traffic command and control organization, handling traffic accidents, patrolling, controlling, applying science and technology in ensuring traffic safety; revise the structure of chapters and articles to be more reasonable and scientific. Compared to the draft Law submitted to the 14th National Assembly at the 10th Session, the current draft does not stipulate the form of granting car license plates through auction, due to the related regulations on people's property ownership rights. The Ministry of Public Security has reported to the Government to submit to the National Assembly to issue Resolution No. 73 on pilot auction of car license plates, effective from July 1, 2023 and implemented for 3 years. Regarding the deduction of driving license points, the draft Law submitted to the 14th National Assembly identifies this as a measure of state administrative management. However, after researching and absorbing comments from many experts and scientists and referring to international experience, this is a form of handling administrative violations, so it needs to be amended and supplemented in the Law on Handling Administrative Violations. Therefore, the current draft Law does not regulate this content. The Ministry of Public Security is proposing that the Government report to the National Assembly on the pilot Resolution on deducting driving license points for administrative violators in the field of traffic. The current draft Law does not stipulate the functions, tasks, and state management powers of ministries and branches. This content will be stipulated by the Government in relevant decrees. |
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