JOINT CIRCULAR No. 26/2014/TTLT-BYT-BCA ON THE TESTING OF BLOOD ALCOHOL CONCENTRATION FOR MOTOR VEHICLE DRIVERS ON ROADS

JOINT CIRCULAR

Regulations on alcohol concentration testing in blood

of drivers of motor vehicles on public roads

___________________________

Pursuant to the Road Traffic Law No. 23/2008/QH12 dated November 13, 2008;

Pursuant to the Law on Diagnosis and Treatment No. 40/2009/QH12 dated November 23, 2009;

Pursuant to Decree No. 77/2009/NĐ-CP dated September 15, 2009 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

This Circular prescribes procedures for receiving, providing health care for domestic violence victims and statistical reports on domestic violence victims at medical facilities.

The Minister of Health and the Minister of Public Security issue this Joint Circular regulating alcohol concentration testing in blood of drivers of motor vehicles on public roads.

Article 1. Scope of Regulation

This Joint Circular stipulates cases for testing, conditions and responsibilities of testing facilities, testing procedures, and payment of testing costs for alcohol concentration (Ethanol) testing in blood of drivers of motor vehicles on public roads, special-purpose motorcycles (hereinafter referred to as motor vehicles on public roads).

Article 2. Applicability

This Joint Circular applies to agencies, organizations, and individuals related to alcohol concentration testing in blood of drivers of motor vehicles on public roads.

Article 3. Cases for alcohol concentration testing in blood

1. Drivers of motor vehicles on public roads causing traffic accidents or involved in traffic accidents shall be required by police officers on duty to investigate and resolve traffic accidents to undergo alcohol concentration testing in blood.

2. Drivers of motor vehicles on public roads involved in traffic accidents shall be required by police officers on duty to investigate and resolve traffic accidents to undergo alcohol concentration testing in blood.

3. Drivers of motor vehicles on public roads showing signs of consuming alcohol shall be required by police officers on duty to patrol and control traffic to undergo alcohol concentration testing in blood.

4. Drivers of motor vehicles on public roads involved in traffic accidents who are taken to medical facilities for treatment must be prescribed alcohol concentration testing in blood by doctors.

Article 4. Conditions for healthcare facilities conducting alcohol concentration testing in blood

Healthcare facilities are eligible to conduct alcohol concentration testing in blood if they meet the following conditions:

1. Having a laboratory department, laboratory room, or testing unit approved by competent authorities for the technical list of quantitative alcohol concentration testing in blood;

2. Having biochemical testing equipment for alcohol concentration in blood, storage equipment, and sample preservation equipment;

3. Having testing staff with a degree or certificate in the field of testing, familiar with the procedure for quantitative alcohol concentration testing in blood.

Article 5. Procedure for alcohol concentration testing in blood

1. Healthcare facilities conducting alcohol concentration testing in blood (hereinafter referred to as testing facilities) receive persons subject to testing as stipulated in Article 3 of this Joint Circular, check the testing request form according to Form No. 01 issued together with this Joint Circular, and transfer it to the testing staff. In cases stipulated in Clauses 1, 2, and 3 of Article 3 of this Joint Circular, there must also be a testing request form for alcohol concentration in blood from police officers according to Form No. 02 issued together with this Joint Circular.

2. Testing staff perform testing strictly in accordance with the alcohol concentration testing in blood procedure issued by the Minister of Health.

3. Testing facilities provide testing results according to Form No. 03 issued together with this Joint Circular to police officers and agencies that requested testing, then notify the testing results to the tested person according to regulations on medical records; provide them to the People's Procuracy and People's Court when necessary according to the law (if requested), and retain testing results according to regulations.

Article 6. Payment for Blood Alcohol Concentration Testing Costs

1. The person operating a motor vehicle on a road who violates the Road Traffic Law shall bear the cost of blood alcohol concentration testing at the current service price for medical examination and treatment as prescribed by the competent state agency for state medical examination and treatment facilities.

2. The payment for blood alcohol concentration testing costs for the person operating a motor vehicle on a road who does not violate the Road Traffic Law shall be regulated as follows:

a) For the person operating a motor vehicle on a road specified in Clauses 1, 2, and 4 of Article 3 of this Joint Circular who has a health insurance card, the Health Insurance will pay the testing cost according to the provisions of the law on health insurance.

b) For the person operating a motor vehicle on a road specified in Clauses 1 and 2 of Article 3 of this Joint Circular who does not have a health insurance card, and the person operating a motor vehicle on a road specified in Clause 3 of Article 3 of this Joint Circular who has or does not have a health insurance card, the police agency shall require the testing and pay the testing cost at the current service price for medical examination and treatment as prescribed by the competent state agency for state medical examination and treatment facilities.

c) For the person operating a motor vehicle on a road specified in Clause 4 of Article 3 of this Joint Circular who does not have a health insurance card, they must pay the testing cost at the current service price for medical examination and treatment as prescribed by the competent authority for state medical examination and treatment facilities.

Article 7. Responsibility for Implementation

1. Responsibilities of the testing facility:

a) Conduct blood alcohol concentration testing for cases specified in Article 3 of this Joint Circular upon request from the police agency or at the direction of a doctor. Medical facilities that lack the necessary conditions for testing must collect, store, and transfer blood samples according to the correct procedures to the testing facility. In cases where the person required to undergo testing is temporarily detained by an authorized agency, the testing facility must send staff to the location indicated on the testing request form provided by the police agency to collect blood samples and conduct the test.

b) Ensure accurate testing and bear legal responsibility for the test results.

c) Cooperate with the Social Insurance Agency to ensure the rights of the person operating a motor vehicle on a road who undergoes blood alcohol concentration testing as stipulated by law.

2. Responsibilities of the Police Agency:

a) Require the testing facility to conduct blood alcohol concentration testing for persons specified in Clauses 1, 2, and 3 of Article 3 of this Joint Circular as prescribed.

b) Coordinate with the testing facility in collecting blood samples for testing from the person operating a motor vehicle on a road suspected of using substances containing alcohol as specified in Clause 3 of Article 3 of this Circular.

c) In cases where a traffic accident occurs, the police agency shall require the receiving medical facility to conduct blood alcohol concentration testing promptly within 24 hours.

d) Allocate funds to cover the costs of blood alcohol concentration testing as specified in Point b, Clause 2, Article 6 of this Joint Circular in the annual state budget estimate.

Article 8. Effective Date

This Joint Circular takes effect from September 19, 2014.

Article 9. Implementation Organization

1. Responsibilities of the Health Sector:

a) The Department of Medical Examination and Treatment under the Ministry of Health, Provincial Departments of Health under the Central Government shall direct, inspect, and guide organizations and units under the health sector to implement this Joint Circular.

b) Heads of organizations and units under the Ministry of Health, heads of medical facilities within their scope of functions and duties shall be responsible for implementing this Joint Circular.

c) The Director of the Provincial Department of Health under the Central Government shall be responsible for implementing this Joint Circular at the local level and publish a list of testing facilities meeting the conditions to perform blood alcohol concentration testing on the provincial government's electronic information portal or on the Department of Health's website (if available).

2. Responsibilities of the Police Agency:

a) The General Administration of Public Security under the Ministry of Public Security shall be responsible for directing, inspecting, and guiding units within the People's Public Security Force to implement this Joint Circular.

b) Heads of general administrations, unit heads under the Ministry of Public Security, Provincial Public Security Directors, and Provincial Fire Prevention and Fighting Directors within their scope of functions and duties shall be responsible for implementing this Joint Circular.

During the implementation of this Joint Circular, if any issues arise, agencies, organizations, and individuals should report them to the Ministry of Health (through the Department of Medical Examination and Treatment) and the Ministry of Public Security (through the General Administration of Public Security) for timely guidance.