Kinhtedothi - The Government Office has just issued Notice No. 501/TB-VPCP dated November 1, 2024, concluding the conclusion of Deputy Prime Minister Tran Hong Ha at the meeting to review the draft Decrees detailing and guiding the implementation of the Road Law and the Law on Road Traffic Order and Safety (ATGTDB).
The conclusion announcement stated that, implementing the Road Law and the Law on Road Traffic Order and Safety (2 Laws), the Ministry of Public Security, the Ministry of Transport and other ministries, branches and localities have urgently and made efforts to carry out assigned tasks, presiding over and coordinating the development of draft documents detailing regulations and implementation instructions assigned by the Prime Minister in Decision No. 717/QD-TTg dated July 27, 2024.
However, the Road Law and the Road Traffic Order and Safety Law have many new and comprehensive contents related to investment in developing traffic infrastructure, means of transport, modes of transport, ensuring order and safety for people and vehicles participating in traffic... Therefore, in the process of developing the Decrees, there are still many different opinions that need to be continued to be reviewed and perfected so that the Decrees are feasible when issued, creating a tight legal corridor, best meeting the management work for each field, enhancing transparency and fairness for people and businesses to implement; at the same time, thoroughly overcoming the "separatist" and local nature in law making.
To promptly complete the Decrees on schedule and ensure quality, the Deputy Prime Minister requested the Ministry of Public Security and the Ministry of Transport to study, explain, and clarify each content with different opinions, especially the appraisal opinions of the Ministry of Justice on each draft Decree (including clarifying the political, legal, and practical basis...), complete the draft Decrees, and report to the Prime Minister before November 2, 2024.
Thoroughly decentralize the management, exploitation and construction of road infrastructure to localities.
Regarding the draft Decree detailing and guiding the implementation of a number of articles of the Road Law; Article 77 of the Law on Road Traffic Order and Safety, the Deputy Prime Minister requested the Ministry of Transport to continue reviewing and thoroughly decentralizing the management, investment, exploitation, use, and maintenance (management) of road infrastructure to localities in accordance with the provisions of the Road Law, in the direction of clearly stipulating the conditions and criteria for each type of infrastructure works managed by the central government and decentralizing to localities for management; in case there are difficulties and problems related to the provisions of the law on budget and public investment for 2025 and the budget stabilization period 2021 - 2025, consider stipulating a number of contents in the transitional provisions to avoid affecting public investment activities in 2025.
Reviewing contents related to highway management: (i) Upgrading and expanding highways under the PPP method in the direction of bidding to select investors, appointing existing investors or the state to implement...; (ii) Research on investment in rest stops must be carried out simultaneously during the project investment research phase.
Regarding the draft Decree regulating driver training and testing activities: The Ministry of Transport continues to review the conditions and standards of driving practice grounds, ensuring continuity and conformity with management practices; driving practice vehicles must meet training requirements and at the same time comply with the requirements for driving license classes as prescribed; driving practice instructors must ensure periodic health check-ups as for drivers in the transport business as prescribed by law on road traffic order and safety; The Ministry of Transport shall coordinate with the Ministry of Public Security before reporting to the Prime Minister.
Focus on carefully reviewing regulations on ensuring traffic order and safety for vulnerable groups.
Regarding the draft Decree detailing and implementing measures for the Law on Road Traffic Order and Safety, the Deputy Prime Minister requested the Ministry of Public Security to focus on carefully reviewing the provisions on ensuring traffic order and safety for vulnerable groups participating in traffic such as students, the elderly, the disabled, etc.; note to supplement the provisions on the responsibilities of families, schools, and educational institutions in managing students using motorbikes to participate in traffic according to the provisions of law.
At the same time, review and supplement the contents of the database regulations on traffic order and safety, ensuring completeness and synchronous connection with other functional agencies to serve the management and operation of traffic and traffic order and safety, convenient for people and businesses to look up and implement.
In addition, supplement the provisions on promoting the application of science and technology in traffic management and operation, towards reducing patrolling, controlling and handling direct violations; clarify the legal and practical basis for the scope and subjects that must be licensed for smart vehicles as assessed by the Ministry of Justice (the Ministry of Public Security and the Ministry of Transport study the experience of other countries in the management of smart vehicles to perfect the legal corridor, meeting management requirements).
Study to separate the content on the Road Traffic Accident Damage Reduction Fund (Chapter VII of the draft Decree) into a separate Decree in accordance with the provisions of Clause 5, Article 85 of the Law on Road Traffic Order and Safety. Assign the Ministry of Public Security to preside over and coordinate with the Ministries of Finance, Justice, Transport and relevant agencies to draft the Decree and submit it to the Government before June 30, 2025.
Each stop and parking must ensure traffic safety and have a roof.
Regarding the draft Decree regulating road transport activities, the Deputy Prime Minister requested the Ministry of Transport to carefully study the provisions of the two Laws, demonstrating the contents of innovation in management methods, thoroughly overcoming the shortcomings and inadequacies in transport business activities in the past; including reviewing the contents of regulations on routes, itineraries, times and conditions for vehicles to leave stations and yards, overcoming the situation of "illegal vehicles, illegal stations", transport business vehicles squeezing each other and squeezing passengers... causing insecurity, traffic safety and unfair competition.
At the same time, review and supplement the content of regulations on construction and promulgation of standards on stops and parking spots on the route in the direction that each stop and parking spot must ensure traffic safety, have a roof, fire safety, environmental sanitation and have full information on the journey of the vehicle going/coming... so that passengers can easily access and ensure transparency in transportation business activities.
Review the terminology in the draft Decree to ensure its universality and ease of understanding; review to ensure compliance with legal provisions and relevant international treaties.
Source: https://kinhtedothi.vn/som-hoan-thien-nghi-dinh-huong-dan-thi-hanh-2-luat-ve-duong-bo.html
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