How Will Officials Be Disciplined When Violating Alcohol Limits? What Level of Blood Alcohol Concentration is Illegal When Driving?
How are officials disciplined when violating alcohol levels?
The situation of vehicle operators violating the laws on road traffic safety still happens frequently, especially with many cases of alcohol level violations. Notably, many of these violators include leaders, managers, and party members.
Based on Directive 10/CT-TTg 2023 on strengthening the work of ensuring road traffic order and safety in the new situation issued by the Prime Minister of the Government of Vietnam, all cadres, and party members violating traffic laws must be notified to their agencies and units for strict handling according to the Party's regulations, specific sectors, agencies, and units.
Under the current law, specifically Decree 112/2020/ND-CP on disciplining officials and public employees and Decree 71/2023/ND-CP amending Decree 112/2020/ND-CP, there is no specific regulation on the form of discipline for officials violating alcohol levels while driving. However, officials violating road traffic laws means violating their duties to the Communist Party, the State, and the people as prescribed in Clause 4, Article 8 of the Law on Cadres and Civil Servants 2008.
According to the provisions of Article 6 of Decree 112/2020/ND-CP (amended by Clause 5, Article 1 of Decree 71/2023/ND-CP):
Disciplinary violations
1. Officials and public employees who violate regulations on the duties of officials and public employees; things that officials and public employees are not allowed to do; internal regulations, rules of agencies, organizations, units; violations of ethics, lifestyle, or violations of the law while performing official duties, or other violations related to official duties will be subject to disciplinary action by the party, mass organizations, and administrative sanctions.
2. The severity of the violations is determined as follows:
a) Minor consequence violations are those with small impacts, affecting internal matters, and tarnishing the reputation of the agency, organization, or unit.
b) Severe consequence violations are those with large impacts, affecting beyond internal matters, causing bad public opinion among officials, public employees, and the public, reducing the reputation of the agency, organization, or unit.
c) Very severe consequence violations are those with very large impacts, affecting the entire society, causing very bad public opinion among officials, public employees, and the public, damaging the reputation of the agency, organization, or unit.
d) Specially severe consequence violations are those with exceptionally large impacts, having a wide-reaching effect on the entire society, causing exceptionally bad public opinion among officials, public employees, and the public, severely damaging the reputation of the agency, organization, or unit.
Depending on the internal regulations, rules of the agency, organization, or unit, and the severity and nature of the violation, officials may be subject to disciplinary action in various appropriate forms.
The forms of discipline for officials are specified in Article 7 of Decree 112/2020/ND-CP, including:
(1) Applicable to cadres:
- Reprimand.
- Warning.
- Demotion.
- Dismissal.
(2) Applicable to officials not holding leadership, management positions:
- Reprimand.
- Warning.
- Salary reduction.
- Dismissal.
(3) Applicable to officials holding leadership, management positions:
- Reprimand.
- Warning.
- Demotion.
- Dismissal.
- Dismissal from the job.
In addition, the specific regulations of each sector can be applied to discipline officials violating the alcohol level regulations.
How are officials disciplined when violating alcohol levels? What alcohol level is illegal when driving? (Image from the Internet)
Can violation of alcohol level regulations affect the evaluation and ranking of officials' performance?
According to the provisions of point a, clause 1, Article 3 of Decree 90/2020/ND-CP on the general criteria for evaluating and ranking the quality of officials and public employees:
General criteria for evaluating and ranking the quality of officials and public employees
1. Political ideology
a) Compliance with the guidelines, directions, and regulations of the Communist Party, laws of the State, and the organizational and disciplinary principles of the Communist Party, especially the principles of democratic centralism, self-criticism, and criticism;
...
The specific political ideology standards are the compliance with the laws of the State, which is one of the criteria for evaluating and ranking the quality of officials.
Therefore, violations of alcohol level regulations can affect the evaluation and ranking of officials' performance.
Additionally, according to the provisions of point a, clause 5, Article 3 of Decree 90/2020/ND-CP, maintaining discipline and order within the agency, organization, or unit; ensuring no legal violations occur is also a general criterion for evaluating and ranking the quality of officials and public employees in leadership and management positions.
What alcohol level is illegal when driving?
According to the provisions of clause 8, Article 8 of the Law on Road Traffic 2008 (amended by clause 1, Article 35 of the Law on Prevention and Control of Harmful Effects of Alcohol 2019):
Prohibited acts
...
8. Operating vehicles on road traffic with alcohol in the blood or breath.
...
Thus, operating vehicles on road traffic with any presence of alcohol in the breath is a violation of the law, regardless of the level.
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