Cases in which the blood alcohol concentration test is required in Vietnam

Cases in which the blood alcohol concentration test is required in Vietnam (Internet image)

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

1. Cases in which the blood alcohol concentration test is required in Vietnam

- The operator causing or having a road accident shall be requested to undergo the blood alcohol concentration test by commissioned officers or non-commissioned officers (hereinafter referred to as police officers) who are conducting the investigation and handling that accident.

- The operator involved in a road accident shall be requested to undergo the blood alcohol concentration test by the police officers who are conducting the investigation and handling that accident.

- The operator having signs of intoxication shall be requested to undergo the blood alcohol concentration test by the police officers who are conducting the investigation and handling that accident.

- The operator having the road accident who is sent to the medical facilities shall be required to undergo the blood alcohol concentration test.

2. Requirements applied to medical centers running the blood alcohol concentration test in Vietnam

The medical center shall be run the blood alcohol concentration test if it satisfies all requirements below:

- There is testing unit of which the list of techniques for measuring the BAC is approved by a competent authority.

- There is biochemical equipment for blood alcohol concentration test, devices for storing and keeping blood samples.

- There are laboratory technicians having qualifications or the Certificate of laboratory major and having a thorough grasp of procedures for blood alcohol concentration test

3. Procedures for running the blood alcohol concentration test in Vietnam

- The medical center running the blood alcohol concentration test (hereinafter referred to as laboratory) shall receive the test subject as prescribed in the Article 3 of Joint Circular 26/2014/TTLT-BYT-BCA, check the test report using Form No. 1 enclosed herewith and send to the laboratory technicians. In case the test subjects are those prescribed in the Clause 1, 2 and 3 Article 3 of Joint Circular 26/2014/TTLT-BYT-BCA, it is required to have a written request for blood alcohol concentration test of the police officer using the Form No. 2 enclose with Joint Circular 26/2014/TTLT-BYT-BCA.

- The laboratory technician must comply with the procedures for running the blood alcohol concentration test issued by the Minister of Health.

- The laboratory shall give the test report using the Form No. 3 enclosed  with Joint Circular 26/2014/TTLT-BYT-BCA to police officers or police authorities requesting the test, give the result to the test subjects as regulation of medical record; provide the People’s Procuracy or People’s Court with test result (on request) and keep it as prescribed.

4. Payment for cost of blood alcohol concentration test

- The operator committing violations of the Law on Road traffic must incur the cost of blood alcohol concentration test according to the service charges imposed by regulatory agencies with regard to the state medical facilities.

- The payment for the cost of blood alcohol concentration test of motor vehicle operators who do not violate the Law on Road traffic are prescribed as follows:

+ If the operators prescribed in Clause 1, 2 and 4 Article 3 of Joint Circular 26/2014/TTLT-BYT-BCA have health insurance cards, the testing cost shall be covered by health insurance as prescribed in law on health insurance;

+ If the operators prescribed in Clause 1 and 2 Article 3 of Joint Circular 26/2014/TTLT-BYT-BCA do not have any health insurance cards and the operators prescribed in Clause 3 Article 3 of this Circular have or do not have any health insurance cards, the police agency requesting the test must incur the cost of blood alcohol concentration test according to the service charges imposed by the regulatory agencies with regard to the state medical facilities.

+ If the operators prescribed in Clause 4 Article 3 of Joint Circular 26/2014/TTLT-BYT-BCA do have not any health insurance cards, they must incur the cost of blood alcohol concentration test according to the service charges imposed by the regulatory agencies with regard to the state medical facilities.

Legal basis: Articles 3, 4, 5 and 6 of Joint Circular 26/2014/TTLT-BYT-BCA.

Ho Quoc Tuan

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