The use of professional technical means and equipment (including breath alcohol concentration measuring devices) to detect administrative violations is stipulated in Article 64 of the 2012 Law on Handling of Administrative Violations (amended and supplemented in 2020) and Decree No. 135/2021/ND-CP dated December 31, 2021 of the Government regulating the list, management and use of professional technical means and equipment and the process of collecting and using data obtained from means and technical equipment provided by individuals and organizations to detect administrative violations.

Article 16 of Decree No. 135/2021/ND-CP stipulates that individuals and organizations can provide data from technical devices and equipment they collect to agencies, units, and persons with the authority to impose penalties.

Thus, individuals can use their own alcohol concentration meter to compare with the alcohol concentration test results of traffic police.

Note, information provided to the traffic police must meet the conditions specified in Clause 1, Article 17 of Decree 135/2021/ND-CP to be used as a basis for verifying violations and sanctioning administrative violations:

- Belonging to the field of state management as prescribed in Clause 1, Article 64 of the Law on Handling of Administrative Violations 2012;

- Do not infringe upon the freedom, honor, dignity, privacy, personal secrets, other legitimate rights and interests of individuals and organizations as prescribed by law;

- Objectively, accurately and honestly reflect the violation, time and location of the violation;

- Meet the requirements on shelf life as prescribed in Clause 3, Article 14 of Decree 135/2021/ND-CP.

Individuals and organizations providing data must be responsible before the law for the authenticity and integrity of the data provided and cooperate with competent authorities when requested.

In addition, according to Circular 07/2019/TT-BKHCN of the Ministry of Science and Technology, breath alcohol measuring devices have a 12-month inspection cycle. Alcohol measuring devices that meet standards must have an inspection stamp and be within the validity period stated on the stamp.

In addition, breath alcohol concentration measuring devices must meet the inspection standards according to the Vietnamese technical measurement document DLVN 107:2012 of the Ministry of Science and Technology, and be granted inspection certificates such as inspection stamps, inspection marks, and inspection certificates according to regulations.

Minh Hoa (t/h)