Exploring Transnational Legal Frameworks for Managing Alcohol Impairment in Traffic: Insights for Vietnam

Nguyen Nhat KHANH; Thi Ngoc Anh CAO

doi:10.34625/issn.2183-2705(36)2024.ic-10

Authors

Nguyen Nhat KHANH https://orcid.org/0000-0002-8517-6544
Thi Ngoc Anh CAO https://orcid.org/0009-0005-0326-1868

DOI:

https://doi.org/10.34625/issn.2183-2705(36)2024.ic-10

Keywords:

Administrative violations, Alcohol concentration, Traffic safety, Legislative reform, Vietnam

Abstract

In Vietnam, alcohol has long been a cultural staple, yet it remains a leading cause of traffic accidents, often leading to severe injuries and fatalities. In response, the National Assembly has continuously tightened regulations on alcohol-related violations, imposing fines that are now five times higher than the average income. Unlike many nations, Vietnam enforces a zero-tolerance policy for alcohol levels in drivers. Despite these stringent measures, alcohol-related offenses have risen, and public resistance to the policies is growing. This study critically examines the shortcomings of Vietnam’s legal framework on alcohol-related violations, drawing on practical enforcement issues and international experiences. It aims to propose realistic solutions to improve the effectiveness of these regulations, offering valuable insights for the global academic community, particularly for countries with comparable legal systems.

Author Biographies

Nguyen Nhat KHANH

LLM, Faculty of Law, University of Economics and Law, Ho Chi Minh City, Vietnam and Vietnam National University, Ho Chi Minh City, Vietnam

Thi Ngoc Anh CAO

Master student, National Academy of Public Administration – Ho Chi Minh City Campus, Ho Chi Minh City, Vietnam

References

Bartl, G. and Sturmvoll, G., 2000. Description of post licensing measures in Austria. In: Bartl, G., ed. DAN-Report. Results of the EU-project: Description and analysis of post licensing measures for novice drivers.

Department of the Environment, Transport, and the Regions, United Kingdom, 2002. Consultation paper on possible legislation to combat alcohol abuse at sea, according to: http://www.shipping.detr.gov.uk/consult/alcohol/index.htm.

Do you need to re-take your driving test after a drink driving conviction? according to: https://www.drinkdriving.org/drink_driving_information_retaking_test.php?

Dung, C., 90% of readers agree that there should be an alcohol limit when driving, according to: https://tuoitre.vn/90-ban-doc-dong-y-can-co-gioi-han-nong-do-con-khi-lai-xe-20240206153937486.htm

Electronic information portal of the Ministry of Transport, Obsession with accidents caused by alcohol. according to: https://mt.gov.vn/atgt/tin-tuc/58842/am-anh-tai-nan-do-ruou-bia.aspx

European Road Safety Observatory, 2006. Alcohol. according to: www.erso.eu [Accessed: 6 July 2024].

European Transport Safety Council, 2008. Combatting speed through penalty point systems. Speed Fact Sheet, 2, June. Brussels, Belgium.

Goldenbeld, C., Reurings, M., Van Norden, Y., Stipdonk, H., 2013. “Crash involvement of motor vehicles in relationship to the number and severity of traffic offenses”. Traffic injury prevention, 14(6), pp. 584-591.

Jurberg, C., 2011. “Brazil targets drink driving on the road to fewer deaths”. Bulletin of the World Health Organization, 89(7), pp. 474-475.

Malta, D.C., Berna, R.T., Silva, M.M., et al., 2014. “Consumption of alcoholic beverages, driving vehicles, a balance of dry law, Brazil 2007-2013”. Revista de Saúde Pública, 48(4), pp. 692-966.

Safetynet. 2009. Alcohol, https://road-safety.transport.ec.europa.eu/system/files/2021-07/alcohol.pdf.

Sakashita, C., Fleiter, J.J., Cliff, D., Flieger, M., Harman, B., Lilley, M., 2021. A guide to the use of penalties to improve road safety. Global Road Safety Partnership, Geneva, Switzerland.

Sukhai, Anesh; Van Niekerk, Ashley and Seedat, Mohamed, 2022. “Zero-tolerance drink-driving and road safety in South Africa: What are the options?”. South African Journal of Science, 118, pp.1-6.

The government explains why it proposes to absolutely ban alcohol levels for drivers, according to:

https://congan.ninhbinh.gov.vn/chinh-phu-ly-giai-vi-sao-de-xuat-cam-tuyet-doi-nong-do-con-doi-voi-lai-xe.

Van, C.T., Warning about drug driving and alcohol violations, according to: https://tapchigiaothong.vn/sos-van-nan-lai-xe-vi-pham-nong-do-con-183240318090909342.htm

Van, D., Many drivers abandon their cars when they are prosecuted for alcohol violations, according to:

https://vnexpress.net/nhieu-tai-xe-bo-xe-khi-bi-xu-ly-vi-pham-nong-do-con-4695422.html.

Walting, C.N., Leal, N.L., 2012. Exploring perceived legitimacy of traffic law enforcement. In: National Conference, Sydney, Australia, pp. 1-13.

Weatherburn, D., Moffatt, S., 2011. “The specific deterrent effect of higher fines on drink-driving offenders”. The British Journal of Criminology, 51(5), pp. 789-803.

Zaal, D., Traffic law enforcement: a review of the literature. Melbourne: Monash University Accident Research Centre, according to: http://www.monash.edu.au/miri/research/reports/muarc053.html.