Procedures for running the blood alcohol concentration test (BAC) test in Vietnam

Procedures for running the blood alcohol concentration test (BAC) test in Vietnam (Internet image)

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

1. Procedures for running the blood alcohol concentration test (BAC) test in Vietnam

Procedures for running the blood alcohol concentration test (BAC) test according to Article 5 of Joint Circular 26/2014/TTLT-BYT-BCA is as follows:

- The medical center running the BAC test (hereinafter referred to as laboratory) shall receive the test subject as prescribed in the Article 3 of this Circular, check the test report using Form No. 1 enclosed with Joint Circular 26/2014/TTLT-BYT-BCA 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 BAC 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 BAC 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.

2. Regulations on payment for cost of BAC test in Vietnam

Regulations on payment for cost of BAC test in Vietnam according to Article 6 of Joint Circular 26/2014/TTLT-BYT-BCA are as follows:

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

- The payment for the cost of BAC 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 Joint Circular 26/2014/TTLT-BYT-BCA have or do not have any health insurance cards, the police agency requesting the test must incur the cost of BAC 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 BAC test according to the service charges imposed by the regulatory agencies with regard to the state medical facilities.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE