Significantly Reduce Fines for Traffic Offenses
Lowering the fine for traffic offenses compared to Decree No. 100/2019/NĐ-CP (amended and supplemented by Decree No. 123/2021/NĐ-CP) for the offense of exceeding the blood alcohol limit of 50 milligrams per 100 milliliters of blood or 0.25 milligrams per 1 liter of exhaled breath is a notable content in the Draft Decree on the handling of administrative violations related to traffic order and safety in the field of road traffic; excluding the point deduction and restoration of the driving license issued by the Ministry of Public Security.
The Draft Decree is currently being solicited for opinions by the Ministry of Public Security and is expected to expire on October 1, 2024. The content that has drawn attention is the Ministry of Public Security's proposal to impose a fine of 800,000 to 1 million Vietnamese dong on drivers of automobiles and similar vehicles, as well as four-wheeled vehicles with engines and four-wheeled vehicles carrying goods with engines on roads where the driver's blood or breath contains alcohol, but not exceeding 50 mg/100 ml of blood or 0.25 mg/liter of exhaled breath.
Currently, under the existing regulations, drivers of automobiles who exceed the blood alcohol limit are subject to fines of up to 6-8 million Vietnamese dong.
In the draft proposal submitted to the Government by the Minister of Public Security, Lieutenant General Lương Tam Quang, one of the basic contents of the Draft Decree is to lower the fine for traffic offenses related to blood alcohol levels not exceeding 50 milligrams per 100 milliliters of blood or 0.25 milligrams per 1 liter of exhaled breath. The basis for this adjustment, according to the Ministry of Public Security, is "to be consistent with the nature and severity of the offense."
Remove the Revocation of Driving Licenses
Another notable content is that, under Decree 123/2021, in addition to being fined 6-8 million Vietnamese dong, individuals who exceed the blood alcohol limit are also subject to having their driving licenses revoked for 10-12 months.
However, in the new Draft Decree, the Ministry of Public Security proposes that, for this offense, drivers who commit the offense be subject to a penalty of deducting 2 points from their driving licenses.
“The Draft Decree provides that the deduction of points from driving licenses is not a form of administrative punishment; individuals who have had points deducted from their driving licenses are not subject to the revocation of their driving licenses,” the Ministry of Public Security stated.
Regarding the practical basis for this adjustment, in the draft proposal submitted to the Government by the Minister of Public Security, Lieutenant General Lương Tam Quang, the Ministry of Public Security explained that drivers of vehicles participating in road traffic are one of the main factors in road traffic activities that are directly related to traffic order and safety.
“The revocation of driving licenses is currently handled manually, many individuals who commit offenses do not return their driving licenses, resulting in a backlog of driving licenses at the enforcement agencies, leading to waste and increased costs and personnel, but still failing to manage the compliance of drivers with the law,” the Ministry of Public Security cited.
Consider Breaking Down the Severity of Blood Alcohol Levels
In an interview with the press, Dr. Khương Kim Tạo, former Deputy Chief of Staff of the National Traffic Safety Committee, proposed that the blood alcohol level below 0.25 milligrams per 1 liter of exhaled breath could be further broken down into two levels: from 0.125 to 0.25 milligrams per 1 liter of exhaled breath, and below 0.125 milligrams per 1 liter of exhaled breath. Because individuals with blood alcohol levels below 0.125 milligrams per 1 liter of exhaled breath may be related to internal alcohol, individuals who have consumed alcohol from the previous day... Individuals who commit this offense should only be given a warning and a fine of a few hundred thousand Vietnamese dong. For individuals with blood alcohol levels of 0.125 to 0.25 milligrams per 1 liter of exhaled breath, the fine could be reduced but at a lighter level than the current regulations and not as proposed by the Ministry of Public Security. For example, from the current fine of 6-8 million Vietnamese dong to 2-4 million Vietnamese dong. Cẩm Hà
Reduce Fines for Traffic Offenses Related to Blood Alcohol Levels to the Minimum is Necessary
In an interview with Lao Động, Lawyer Nguyễn Thu Trang - Hưng Đạo Thăng Long Law Firm - stated that each policy must be linked to a specific time. Regarding the current regulations on fines for traffic offenses related to blood alcohol levels, which are stipulated in Decree No. 100/2019/NĐ-CP of the Government, this regulation was issued in a context where traffic accidents related to blood alcohol levels were at a very high level. Therefore, we need to have a policy that is strong enough to directly impact the mindset and long-standing habit of excessive drinking in Vietnamese society.
“From this perspective, Decree 100 has had a very positive impact. At social gatherings, people have reminded each other not to drink alcohol to avoid being fined for traffic offenses related to blood alcohol levels,” Lawyer Nguyễn Thu Trang shared. When people gradually form a mindset, their habits also change, and this is when policies become stable. At the time after the promulgation of the Law on Traffic Order and Safety, the regulations on fines for traffic offenses related to blood alcohol levels were reduced, which is reasonable.
Mr. Nguyễn Văn Quyền, Chairman of the Vietnam Automobile Transport Association, also expressed his support for the Ministry of Public Security's proposal. The proposal to reduce fines for traffic offenses related to blood alcohol levels is reasonable. Because the ability of individuals to metabolize alcohol is different. Some individuals may still have a high blood alcohol level 3 hours after consuming 1 cup of alcohol.
Additionally, there are different types of strong and weak alcohol, and some individuals may have internal alcohol... Therefore, individuals who commit traffic offenses related to blood alcohol levels at the minimum level are not necessarily intentionally committing the offense. Xuyên Đông
