The 14th National Assembly's 10th session is still ongoing with many Law Projects being discussed. One of the most debated issues among the National Assembly Delegates is whether or not to separate the Law on Road Traffic into the (revised) Law on Road Traffic and the Law on Road Traffic Order and Safety Assurance?
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Should the Law on Road Traffic of Vietnam be separated into two? (Illustration)
1. The necessity of developing the Law on Road Traffic (amended)
In the presentation of the project on the Law on Road Traffic (amended), the Ministry of Transport has specifically explained the necessity of developing the Law on Road Traffic (amended). To be specific:
- Regarding traffic rules: In the Law on Road Traffic 2008, there were no uniform interpretations, leading to difficulties in implementation, especially when handling cases related to road traffic safety such as lane usage, reversing, stopping, parking, etc.- Regarding infrastructure: It is incomplete and inconsistent; provincial roads lack investment funds for construction, quality is still limited, rural roads face difficulties, and investment capital is limited due to unclear and inconsistent policies, particularly stable mechanisms, etc.- Regarding the management of vehicles and drivers participating in road traffic: There is no legal framework for smart vehicles, amphibious vehicles that can move on both roads and waterways or air routes; the Law on Road Traffic 2008 only stipulates the issuance of driving licenses for drivers of motor vehicles without requiring licenses for drivers of similar vehicles, which is not suitable, creating gaps in state management.- Regarding road transport: The classification of transport business forms is currently inappropriate, causing difficulties in management and leading to unfair competition between similar types of operations, etc.- Handling road traffic violations: Violations of traffic rules and vehicle operators, such as driving without a license, not following lane divisions, entering highways, overloading, encroaching on traffic works, occupying roadbeds, sidewalks, etc., are still widespread and complicated.
It can be seen that the above situation originates from many objective and subjective causes. Specifically, one of the main causes leading to this situation is that the Law on Road Traffic 2008 has been in effect for over 10 years and no longer meets the current socio-economic development and practical demands in road traffic management.
Therefore, to ensure the enhancement of state management effectiveness regarding road traffic safety, clear and effective coordination among functional agencies, and the development of convenient, modern, and safe road traffic infrastructure, the development of the Law on Road Traffic (amended) is extremely necessary.
2. Issuing the Law on Ensuring Road Traffic Order and Safety is essential
It can be seen that the Law on Road Traffic 2008 governs two fields:
- Ensuring road traffic order and safety in the field of security, order, and social safety, with the goal of ensuring the safety of life and health for traffic participants, ensuring human security.- Building and developing transport infrastructure in the field of economic-technical development, serving socio-economic development and ensuring the technical safety of transport works.
The reality shows that road traffic order and safety are very complex, with widespread violations, mainly due to limited and inadequate transport infrastructure, and on the other hand, due to alarming law compliance awareness regarding traffic order and safety among the public.
The main and most fundamental adjustment subject of the Law on Ensuring Road Traffic Order and Safety is to ensure the safety of life and health for traffic participants, protect human rights, adhering to the guidelines and perspectives of the Communist Party, which identifies ensuring traffic order and safety as part of ensuring national security, order, and social safety. Additionally, many countries' laws worldwide have specialized laws on traffic order and safety, separating them from regulations on building and developing transport infrastructure and road transport outlined in laws on developing road transport infrastructure and laws on road transport.
Therefore, the issuance of the Law on Ensuring Road Traffic Order and Safety is extremely necessary to address urgent practical issues, perfect the legal system on traffic order and safety, and ensure the effectiveness of state management and law enforcement in the field of ensuring road traffic order and safety. Notably, the Ministry of Public Security is the main agency responsible for state management of road traffic order and safety.
3. Should the Law on Road Traffic be separated into two?
From the above evaluations and analyses, it is clear that both the Law on Road Traffic (amended) and the Law on Ensuring Road Traffic Order and Safety are necessary to address current issues. However, whether to continue integrating these two areas into the Law on Road Traffic (amended) or to separate them into two laws has yet to be finalized and remains a heated debate.
Some argue that "Separating into two laws is not practical. It is necessary to maintain the current integration and review, supplement to strengthen what has been achieved; resolve what is causing issues. If separated, it would be like fixing a healthy pig and ending up with a lame one. A pig has four legs, now dividing it into two pigs, each with two legs, it is no longer a pig”.
On the other hand, some argue that “By independently developing the Law on Road Traffic (amended) and the Law on Ensuring Road Traffic Order and Safety, it will improve the quality and effectiveness of state management in each field, ensuring order and road traffic safety and developing road transport infrastructure and road transport”.
As soon as an official decision from the National Assembly is made, THU KY LUAT will immediately inform our valued customers and members.
>>> See more: 06 overlapping points between 02 draft laws on road traffic.
Le Vy
