To clearly define responsibilities in state management of means of transport in Vietnam

To clearly define responsibilities in state management of means of transport in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

On August 30, 2023, the Government issued Resolution 135/NQ-CP Thematic meeting on law making in August 2023.

To clearly define responsibilities in state management of means of transport in Vietnam

Regarding the project Law on Road Traffic Order and Safety, The Government highly appreciates the Ministry of Public Security and the Ministry of Transport for presiding over and coordinating with relevant ministries and agencies to complete the documents for this Law in accordance with the provisions of the Law on Promulgation of Legislative Documents.

At the same time, continue to research and fully absorb the opinions of the National Assembly Standing Committee, agencies, organizations, experts, scientists, managers, and localities; Strengthen communication work to create consensus and unity; Have strong and convincing arguments to complete the project Law on Road Traffic Order and Safety to ensure the following requirements:

- Clearly define the scope of regulation and state management content in the Law project to ensure clear responsibilities, consistent with the functions and tasks of agencies, without overlap, duplication, or emptiness; Solve problems in theory and practice;

In particular, clearly define responsibilities in state management of vehicles: the Ministry of Public Security manages vehicle operations; the Ministry of Transport is in charge of state management of technical safety quality, environmental protection of vehicles, and training, testing, and issuance of driver's licenses (in Chapters III, IV, and VIII of the draft Law).

- Continue to review regulations on the roadmap for applying emission standards (Article 35); on the list of dangerous goods and transportation of dangerous goods (Article 42); ensuring consistency with the law on handling administrative violations, environmental protection, chemicals; on examiner conditions (Article 53); conditions for renewing and revoking driving licenses (Article 54); ensuring proper authority; on databases (Article 7); ensuring there is no overlap, causing waste to the state budget.

- Review administrative procedures to ensure feasibility and suitability to reality, conditions, and income of people, such as:
Prior to implementation, vehicles transporting students of educational and training establishments must notify the provincial specialized transportation agency about the schedule, driver list, vehicle paint color, etc. (Article 46); emission testing for motorbikes and mopeds (Article 36); periodic health checks for drivers, including motorbikes and mopeds (Article 51); and stopping the vehicle in an emergency (Article 24, Article 25).

- Legislate a number of regulations that have been steadily implemented on motor vehicle inspection and have regulations for smart vehicles in the future.

Besides, continue to review Resolutions of the Central Committee, the Politburo, the Secretariat, the National Assembly, and the Government related to social order management, infrastructure development, etc. to institutionalize them in the Law; evaluate problems and inadequacies in practice; legislate regulations that have been stably implemented; and promote effectiveness in practice.

And review the provisions of relevant Laws so that amendments and supplements to the Law project ensure feasibility, consistency, synchronization, and proper authority of agencies (Criminal Procedure Code, Law on Investment, Mineral Law, Law on Handling Administrative Violations, ...). Review to ensure that organizational issues are not regulated in the Law project.

More details can be found in Resolution 135/NQ-CP dated August 30, 2023.

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