Resolution No. 32/2007/NQ-CP on urgent measures to curb traffic accidents and traffic congestion

RESOLUTION OF THE GOVERNMENT

On urgent measures to curb traffic accidents and traffic congestion Implementing Directive No. 22/CT-TW dated February 24, 2003 of the Central Committee of the Communist Party of Vietnam on strengthening the leadership of the Party over traffic safety work, Resolution No. 13/2002/NQ-CP dated November 19, 2002 of the Government on measures to curb the increase and gradually reduce traffic accidents and traffic congestion, from 2003 to 2005, the target of curbing traffic accidents was achieved. However, since 2006, the situation of traffic order and safety has become complicated, with an increase in traffic accidents compared to previous years.

Traffic accidents, especially road traffic accidents, have caused significant losses in terms of human lives and property for the State and the people, becoming a pressing and serious social issue that requires the State and the Government to further concentrate their leadership, guidance, management, and organization of comprehensive measures to quickly curb traffic accidents.

One of the reasons for the increase in traffic accidents in recent times is due to the lack of focused and prioritized leadership and direction by state management agencies responsible for traffic order and safety at both central and local levels, sometimes lacking decisiveness or continuity in management; some local grassroots authorities have not paid sufficient attention, showing indifference or standing outside the process; the awareness of traffic law compliance among traffic participants is poor, with many people openly violating traffic laws without being punished or with lenient punishment.

To curb the increase in traffic accidents, it is necessary for the whole society to participate, particularly state agencies at central and local levels, authorities at all levels, organizations, mass organizations, and each traffic participant must take responsibility to ensure traffic order and safety. Only then will traffic law provisions be effectively implemented in daily life.

Based on the "National Traffic Safety Assurance Program until 2010," the Government requests ministries, sectors, and localities to focus on implementing the following urgent measures resolutely and continuously:

1. Strengthening propaganda, dissemination, and education on traffic laws.

a) Educating, propagandizing, and disseminating traffic laws to all traffic participants to make everyone voluntarily comply is the foremost important measure; all state agencies, authorities at all levels, political-social organizations, mass organizations, information agencies, and media must pay special attention, implement regularly, persistently, and continuously.

b) Heads of state agencies, organizations, mass organizations, and enterprises have the responsibility to educate cadres, civil servants, employees, and members of their organizations to set a good example in complying with traffic laws; they must have regular programs to disseminate traffic law provisions to all members of their agencies, organizations, and units; establish reward regulations, commendation for exemplary individuals in ensuring traffic order and safety, and not consider any commendation or reward forms for those who violate traffic laws.

c) The Ministry of Education and Training is responsible for:

- Issuing appropriate traffic safety education programs in schools, increasing teaching time for regular classes and extracurricular activities related to traffic safety. Implementing new traffic safety teaching programs from the academic year 2008-2009 at all educational levels;

- Directing principals of secondary schools, colleges, universities, and vocational schools to strictly manage students' compliance with traffic laws; frequently remind and include traffic safety-related information in weekly meetings, flag-raising ceremonies, class activities, Youth League and Young Pioneers activities; define moral assessment criteria for students and trainees who violate traffic laws. Starting from September 1, 2007, strictly punish those students and trainees who are underage and do not have a driving license when operating motorcycles or motor vehicles; the Ministry of Education and Training will stipulate the responsibilities of school principals who fail to strictly implement these regulations.

d) The Ministry of Public Security shall issue regulations on notifying agencies, schools, wards, communes, residential groups, and community clusters about officials, civil servants, employees, students, trainees, and individuals who violate traffic laws for criticism and education.

đ) The Central Committee of the Ho Chi Minh Communist Youth Union, the Vietnam Youth Association, and the Central Committee of the Youth League shall stipulate the dissemination of traffic law contents during regular meetings, commendation of good individuals and criticism of violators; raise the role of the Youth Union, Associations, and the Youth League in educating self-awareness of traffic law compliance.

e) The Ministry of Culture, Sports and Tourism shall take the lead, coordinate with relevant agencies to organize, direct, and mobilize information agencies, media, and propaganda to highlight their roles and responsibilities, actively participate in the work of disseminating and educating public awareness of traffic law compliance, and implement this Resolution; it is necessary to pay attention to criticizing individuals, organizations, and units that violate traffic laws while also highlighting exemplary individuals, organizations, and units that perform well in ensuring traffic order and safety. Each newspaper must have a special section on traffic safety propaganda.

2. Resolutely enforce traffic laws and enhance the capacity of traffic police and transport inspectors.

2. Vigorously enforce traffic laws and regulations on order and safety, and enhance the capacity of traffic police and transport inspectors.

a) Alongside the work of promoting and disseminating traffic safety laws, it is necessary to strictly and severely handle those who violate traffic safety regulations. To achieve positive changes in this work, the following measures must be immediately implemented:

- As of January 1, 2008, the circulation of automobiles that have exceeded their service life, farm vehicles, and homemade three- or four-wheeled vehicles will be suspended. In cases of intentional violations, such vehicles will be confiscated and sold for scrap, to be incorporated into public funds;

- Implement the suspension of circulation of motorized road vehicles that violate traffic safety regulations through temporary detention of the vehicle or registration documents, license plates, and technical safety and environmental protection certificates according to the current legal provisions;

- As of January 1, 2009, the operation of inland waterway vessels not registered or inspected for technical safety according to the law will be suspended;

- Suspend the operations of illegal assembly and manufacturing facilities for motorized road and inland waterway vehicles; if there are intentional violations, equipment directly used in production at these facilities may be confiscated;

- Temporarily detain motorcycles and motorbikes for thirty days or more if the driver violates any of the following regulations: carrying more passengers than allowed, driving against traffic flow, on prohibited roads, weaving dangerously, running red lights, or failing to comply with traffic police signals;

- Temporarily detain motorcycles and motorbikes for ninety days regardless of ownership in cases where students or young people under the legal driving age operate them without a valid driver's license;

b) Patrol and inspection forces must handle violations openly and in accordance with the law, without discrimination based on whether the violator is walking, cycling, riding a motorcycle, or driving a car. Authorities responsible for handling violations who intentionally fail to do so will face disciplinary action as prescribed;

c) The Ministry of Public Security must accelerate the implementation of the Project "Strengthening Personnel, Equipment, and Training for Road Traffic Police Forces" approved by the Prime Minister; promptly submit to the Government the Project "Strengthening Personnel, Equipment, and Training for Waterway Traffic Police Forces"; gradually apply new technology in patrols, inspections, violation handling, and monitoring to prevent corruption within the police force; any police officer found engaging in corrupt behavior will be disciplined, and if the act constitutes a criminal offense, they will be prosecuted; timely rewards will be given to diligent and competent officers, while those lacking responsibility will face appropriate disciplinary actions;

d) By the first quarter of 2008, the Ministry of Transport must present to the Government the Project "Strengthening Personnel and Equipment for Transport Inspection Forces";

3. Regarding Infrastructure for Transportation

a) Direct the functional agencies to organize the complete removal before March 30, 2009, of encroachments on the land buffer zones of national highways within the scope already compensated and processed; the Chairman of the People's Committee at the district level shall be responsible for enforcing and demolishing illegal structures on national highway buffer zones; disciplinary action will be taken against the Chairmen of the People's Committees at the district and commune levels if there is a recurrence of encroachment; those who intentionally violate will be subject to criminal prosecution;

- Complete the planning of peripheral roads outside the national highway buffer zones and coordinate with the Ministry of Transport to agree on connection points suitable for economic and social development plans up to 2010;

- Organize separate lanes for motorcycles and motorbikes on roads and streets that meet the conditions to address mixed traffic flow issues;

- Direct all levels of People's Committees to take measures to prevent unauthorized crossings over railway tracks and eliminate approximately fifty percent of illegal crossings by 2009; remove obstacles that limit the visibility of train drivers;

b) The Ministry of Transport is responsible for:

- Conducting statistics, categorizing, and addressing unauthorized connections to the national highway system; eliminating about fifty percent of unauthorized connections by March 30, 2009; continuing to implement solutions to completely eliminate unauthorized connections by 2011;

- Completing the renovation of "black spots" for traffic accidents identified on the national highway system by November 30, 2007. From 2008, newly identified "black spots" for traffic accidents must be resolved within ninety days from the completion of documentation;

- By the end of the second quarter of 2008, complete the installation of auxiliary facilities to prevent and mitigate damage caused by traffic accidents in dangerous mountainous areas on the national highway system;

- Review and categorize intersections between roads and railways to establish safe crossings consistent with current regulations; construct barriers separating national highways from railways in sections adjacent to railways; by 2010, complete construction of barriers separating railways from residential areas;

- Install sufficient warning signs, speed bumps, and other safety alerts at intersections between roads and railways that lack automatic barriers or warning systems;

- Specify that when constructing new national highways and new streets, separate lanes for motorcycles and motorbikes must be organized, and safety monitoring systems installed;

c) The Ministry of Public Security must strictly handle individuals who damage transportation infrastructure or obstruct traffic; if such acts constitute criminal offenses, they will be prosecuted according to the law;

4. Strengthen Management and Improve Technical Safety Quality of Transportation Vehicles.

4. Strengthen management and improve the technical safety quality of transportation vehicles.

a) The Ministry of Public Security shall coordinate with the Ministry of Transport and the Ministry of Justice to stipulate the registration and issuance of license plates for motorized vehicles of war invalids and persons with disabilities; recover license plates of vehicles that have exceeded their service life.

b) People's Committees of provinces and centrally governed cities shall direct competent agencies and local authorities to strictly manage ferry stations and passenger ferries within their jurisdiction; resolutely suspend operations of ferry stations and ferries that do not meet safety standards and lack required lifesaving equipment. Chairpersons of district, town, and city-level People's Committees who fail to prevent traffic accidents caused by ferry stations or ferries lacking safety conditions will be subject to disciplinary action; if such accidents result in serious consequences, they may be dismissed from office and criminally prosecuted according to the law.

c) The Ministry of Finance shall develop policies to support the development of public bus transportation; study increasing registration fees for motor vehicles and motorcycles in large cities.

d) People's Committees of Hanoi and Ho Chi Minh City shall stipulate prohibitions on motorcycles and motorbikes operating on certain streets during appropriate time periods to alleviate urban traffic congestion.

đ) The Ministry of Transport shall develop measures to enhance the quality of technical inspection work for road and waterway motorized vehicles, focusing on improving the technical quality of inland waterway vessels currently in operation; direct the strengthening of inspections of aviation safety standards to minimize delays and cancellations of flights.

5. Measures concerning vehicle operators.

a) The Ministry of Transport shall take the lead and coordinate with the Ministry of Labor, Invalids and Social Affairs to regularly inspect the quality of training for drivers of road motorized vehicles; temporarily or permanently revoke licenses of training institutions that do not meet prescribed standards or are found to engage in malpractice or reduce training programs.

b) The Ministry of Transport shall issue regulations to improve the quality of examination procedures, streamline the process of issuing and renewing driver's licenses while maintaining strict control; severely punish malpractices, up to dismissal for employees involved in such activities; establish skill standards for professional passenger drivers, taxi drivers, and long-distance truck drivers.

c) Require those drivers who violate traffic laws and regulations to retake and pass a test on the Road Traffic Law before reissuing their driver's licenses if they have had their licenses suspended for 60 days or more; permanently revoke the licenses of professional passenger drivers (types D, E) involved in particularly severe traffic accidents or overloading passengers by more than 100% of the prescribed limit.

d) Permanently revoke the licenses of drivers addicted to drugs.

đ) In 2007, the Ministry of Health shall supplement and amend regulations on health standards for operators of different types of motorized vehicles; establish random and regular health check procedures for drivers to replace current outdated regulations.

6. Measures to reduce losses from traffic accidents.

a) Starting from September 15, 2007, motorcycle and scooter riders on national highways must wear helmets.

b) Starting from December 15, 2007, motorcycle and scooter riders on all roads must wear helmets.

c) The Ministry of Transport shall issue guidelines for organizing emergency rescue operations on roads to ensure timely response and minimize the consequences of traffic accidents.

d) The Ministry of Health shall issue regulations on establishing emergency medical stations on key national highways at reasonable intervals as prescribed; regularly organize training sessions to disseminate knowledge on traffic accident first aid for relevant personnel involved in rescue and accident resolution.

đ) The Ministry of Finance shall study amending and supplementing regulations on compulsory civil liability insurance premiums for motor vehicle owners, adjusting premiums based on the severity of accidents to encourage accident prevention among vehicle owners and drivers; continue to reform insurance participation procedures and compensation conditions; study increasing insurance premiums to cover losses adequately; guide the use of funds from compulsory civil liability insurance premiums to reinvest in traffic accident prevention efforts.

e) The Ministry of Public Security shall coordinate with the Ministry of Finance to stipulate cooperation mechanisms between police agencies and insurance companies for monitoring and inspecting motor vehicle owners' compliance with compulsory civil liability insurance; strictly handle violations by insurance companies and vehicle owners regarding compulsory insurance.

7. Measures to enhance the effectiveness of state management.

a) In 2007, the Ministry of Home Affairs shall take the lead and coordinate with the National Traffic Safety Committee to submit to the Government proposals to strengthen the National Traffic Safety Committee and local traffic safety boards to enhance responsibility, authority, organizational coordination, and professionalism.

b) The Ministry of Transport shall develop and submit to the Government in 2007 proposals to strengthen the organization and enhance the capacity of state management over traffic safety by the Ministry and provincial transport departments.

8. Implementation organization

a) The Government requests the Central Party Secretariat to instruct Party committees at all levels to review the implementation of Directive No. 22/CT-TW dated February 24, 2003 of the Party Secretariat on strengthening Party leadership in traffic safety work in recent years, and to develop stronger plans for Party leadership in traffic safety work in the future.

b) Ministries, sectors, government agencies, and People's Committees of provinces and centrally governed cities shall develop specific action plans for their ministries, sectors, and localities to strictly implement Directive No. 22/CT-TW of the Politburo, the measures stipulated in Resolution No. 13/2002/NQ-CP, and this Resolution of the Government.

c) People's Committees of provinces and centrally governed cities shall proactively organize the implementation and closely coordinate with ministries in implementing the strong measures mentioned above.

d) The National Traffic Safety Committee shall be responsible for inspecting and urging ministries, sectors, and localities to implement the National Traffic Order and Safety Assurance Program until 2010, and Government Resolutions on traffic order and safety assurance; quarterly organizing meetings with ministries and localities by region to review and assess the implementation of this Resolution in each sector and locality, and reporting to the Prime Minister the results achieved.

9. Effective date: This Resolution shall take effect fifteen days from the date of publication in the Official Gazette./.