At the workshop "The harmful effects of alcohol and beer on road traffic participants" organized by the Ministry of Public Security in coordination with the Ministry of Health on January 29, Chief of Office of the National Traffic Safety Committee Tran Huu Minh proposed criminally handling drivers who violate alcohol concentration at a particularly serious level (exceeding level 3) even though they have not caused any consequences.
Mr. Minh said that current law stipulates that drivers with alcohol levels of level 3 (over 0.4 mg/liter of breath or over 80 mg/100 ml of blood) will still receive the same penalty, no matter how high. This is not entirely consistent with the basic principle of administrative sanctions, which is to impose a penalty commensurate with the level of violation.
Therefore, the Chief of Office of the National Traffic Safety Committee proposed to define what level is "particularly serious" causing the driver to completely lose control and be handled according to Clause 4, Article 260 of the Penal Code.
There are opinions that drivers with high blood alcohol levels should be criminally prosecuted, even if they have not caused any consequences. Besides the support of some people, this proposal is receiving mixed opinions.
Regarding the issue of criminal handling of drivers with alcohol concentration on February 2 at the press conference of the first quarter of 2024 organized by the Ministry of Health, Mr. Nguyen Trong Khoa - Deputy Director of the Department of Medical Examination and Treatment Management (Ministry of Health) said: "We support the handling of administrative violations involving alcohol concentration when driving vehicles in traffic. Thanks to the strict handling of violations of alcohol concentration, the number of traffic accidents has decreased significantly. Currently, the Ministry of Health is coordinating with the National Traffic Safety Committee to compile statistics and will soon have specific figures on how the number of traffic accidents has decreased."
Regarding the issue of penalties for violations when alcohol concentration exceeds the limit, Mr. Khoa said that the Ministry of Health has held a scientific conference in coordination with the Ministry of Public Security on the above issue.
“In my personal opinion, if alcohol concentration violations cause accidents, they must be prosecuted. If the alcohol concentration is too high to drive, they must be strictly punished. However, we will have to refer to regulations from other countries in the world to come up with a harmonized regulation,” said Mr. Khoa.
Previously, the draft Law on Road Traffic Order and Safety was submitted to the National Assembly session on November 10, 2023. Article 8 of the draft law stipulates prohibited acts, including "driving a vehicle while having alcohol in the blood or breath". This is also the basis for the authorities to stop vehicles for inspection and control.
Examining the draft law, the National Assembly's Defense and Security Committee said that some opinions in the Committee suggested considering this content because it was "too strict and not really suitable for the culture, customs and practices of a part of the Vietnamese people, affecting the socio-economic development of many localities".
These members proposed to consult international experience and regulate alcohol concentration at appropriate levels for each type of vehicle; ensuring consistency with the provisions of the Penal Code.
However, some other members of the Committee agreed with the Government's proposal because this content has been stipulated in Clause 6, Article 5 of the Law on Prevention and Control of Harmful Effects of Alcohol and Beer (prohibiting driving a vehicle with alcohol concentration in blood or breath) and practical implementation has proven its effectiveness.
The proposal to criminally prosecute drivers who violate alcohol concentration at particularly serious levels is receiving mixed opinions.
Nguyen Minh Duc, Vice Chairman of the National Assembly’s Committee on National Defense and Security, said that the draft Law on Road Traffic Order and Safety stipulates an absolute ban on breath alcohol. The Law on Prevention and Control of Alcohol Harm, Clause 6, Article 5 stipulates prohibited acts, including an absolute ban on drinking alcohol before and while driving.
Mr. Nguyen Minh Duc said that in principle, in the legal system of Vietnam, all laws need to be unified. The next law should be built based on the source of the previous law. Based on the source of the Law on Prevention and Control of Alcohol Harm, the drafting agency and the reviewing agency have proposed the above content in the Law on Road Traffic Order and Safety.
Of course, the opinions of the National Assembly deputies through discussion, the most complete and thorough assessment. The viewpoint of the examining agency is completely in agreement with the drafting agency that is to comply with the provisions of the legal system.
At the same time, based on the annual assessment and inspection of traffic safety implementation by the National Defense and Security Committee, the summary shows that 43% of road traffic accidents are caused by alcohol.
“I think this is an order and needs to be implemented. We hope that the press will propagate to change awareness and that people will support it. We believe that the National Assembly will basically agree to this content,” Mr. Nguyen Minh Duc emphasized .
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