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

Pursuant to Article 3 of Joint Circular 26/2014/TTLT-BYT-BCA stipulates the following cases of blood alcohol concentration testing:

(i) 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.

(ii) 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.

(iii) 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.

(iv) 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

According to Article 4 of Joint Circular 26/2014/TTLT-BYT-BCA, 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. Is there a fee for requesting a medical facility to perform a blood alcohol concentration test in Vietnam?

According to Article 6 of Joint Circular 26/2014/TTLT-BYT-BCA:

- 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 (i), (ii) and (iv) of section 1 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 (i), (ii) of section 1 do not have any health insurance cards and the operators prescribed in (iii) of section 1 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 (iv) of section 1 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.

Thus, drivers of road motor vehicles who violate the Road Traffic Law must pay the cost of testing blood alcohol concentration according to the current price of medical examination and treatment services prescribed by competent state agencies for state medical examination and treatment establishments.

In case the test results show that there is no violation of alcohol concentration, the police agency will pay the testing cost.

Nguyen Ngoc Que Anh

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