Áp dụng pháp luật trong lĩnh vực trật tự, an toàn giao thông đường bộ trên địa bàn hà nội tt tiếng anh

VIETNAM ACADEMY OF SOCIAL SCIENCES
ACADMY OF SOCIAL SCIENCES

DAO THANH HAI

APPLYING LAW IN THE FIELD OF ROAD TRAFFIC
ORDER AND SAFETY IN HANOI CITY

Major: Constitution and Public Administration Laws
Code: 9.38.01.02

Legal Doctorate Dissertation Summary

HANOI - 2019


The work was completed at
GRADUATE ACADEMY OF SOCIAL SCIENCES

Scientific Supervisor: Prof. PhD. Vo Khanh Vinh
Reviewer 1: Prof. PhD. Nguyen Minh Doan
Reviewer 2: Assoc. Prof. PhD. Nguyen Van Manh
Reviewer 3: Assoc. Prof. PhD. Vu Trong Hach

The dissertation will be defended before the thesis review
council of the Academy at the Graduate Academy of Social Sciences
at
hour minute, day month year.

The thesis can be found at:
- National Library of Vietnam

- Library of Graduate Academy of Social Sciences.


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INTRODUCTION
1. The urgency of the topic
Traffic order and safety in Vietnam in general and in Hanoi in
particular have posed many problems for any responsible person, especially
managers in recent years. Traffic accidents are an obsession and lead to a lot
of heartbreaking consequences, traffic congestion is extremely serious, its
complicated developments result in a lot of hard consequences for the
whole society. As a big city - the capital of a developing country, traffic
order and safety in Hanoi city have many issues to be solved both socially,
constructionally, legally and even planning. LA in the field of traffic safety
in Hanoi is one of the noticeable issues, should be studied seriously in terms
of both theory and practice to have solutions to help this activity become
really effective.

Ensuring TS&O has also emerged some shortcomings and
limitations that need to be overcome, that is: traffic accidents are
controlled and reduced, but the number of deaths due to traffic
accidents is still high, while a number of particularly serious traffic
accidents occurred; violations of TS&O regulations are still quite
common and have not been handled promptly; Prolonged traffic
congestion is still a complex issue; basic investigation work is still
limited, grasping the situation and forecasting the situation have not
met the task requirements; the observance of the reporting regime in
some units and localities is not serious and not timely, the quality of
reports is not guaranteed. The fact that LA in the field of TS&O in
Hanoi needs thorough research: on transport planning, traffic

organization and handling violations. Many cases of congestion and
traffic accidents occur due to unreasonable traffic organization. Along
a street, the congestion scene is prolonged, causing frustration for
traffic participants, however if it is reorganized with reasonable
traffic flows and traffic signals are rationally arranged, the traffic will
be smooth. The implementation of the law in road construction is also
a concern of the people. Many projects prolong the time, capital,
obstructing traffic, causing traffic accidents ... Therefore, the PhD
student has chosen the topic: “Applying laws in the field of Road
traffic order and safety Road traffic in Hanoi city”as my research
topic. This is an urgent topic with theoretical and practical
significance.


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2. The research purpose and tasks of the thesis
2.1. Research objectives
Based on the basis of analyzing the situation of road traffic in
Hanoi city, the paper will find out scientific bases to identify
solutions to improve the performance of LA in the field TS&O in
Hanoi city.
2.2. Research tasks
- Provide an overview of research projects: research projects
in Vietnam and abroad, from which research issues continue;
- Study theoretical issues on the implementation of laws and
important forms of implementing law is LA in the TS&O in Hanoi;
- Research on implementing laws in traffic planning and
organization and handling violations in the field of road traffic in
Hanoi;
- Propose the direction and solutions to improve the

efficiency of LA to secure TS&O in Hanoi city.
3. Research object and scope of the thesis
3.1. Research subjects
The practice of application of laws in the assurance of road
TS&O in Hanoi; theoretical issues about LA and practice in the field
of road TS&O; LA experience in securing road TS&O in the capitals
of several countries around the world-lessons for Hanoi.
3.2. Research scope
The thesis studies the theoretical issues related to LA in
ensuring road TS&O.
In terms of space scope: in Hanoi city, the thesis is studied in
the inner districts and adjacent areas. The thesis does not study on
TS&O in the suburban districts as well as the districts and towns
merged into Hanoi from the old Ha Tay.
In terms of time scope: about 20 years ago.
4. Methodology and research methods of the thesis
4.1. Methodology
To solve the tasks set out, the thesis uses the methodology of
dialectical materialism and historical materialism to study issues
related to the content of the topic. The thesis examines the research
subjects from the views of Marxist-Leninist doctrine, Ho Chi Minh's


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thought as well as the Party's guiding point and policies of the State
of Vietnam on the state and the law, on the supreme nature of the law,
about implementing the law.
4.2. Research Methods
The main research methods used in the thesis are:
- Analysis and synthesis are used in all three chapters

(Chapters 2, 3 and 4) to analyze and generalize theoretical issues as
well as assess the situation, propose solutions to improve efficiency
of LA in ensuring TS&O in Hanoi;
- System method is mainly used in Chapter 2 and Chapter 3 to
analyze and systematize the research problems set by LA in ensuring
TS&O.
- Comparison method is used in Chapter 1 and Chapter 2 of
the thesis when referring to the research works, TS&O articles in the
capital of some countries in the world to compare and draw the value
of reference From that point, orienting solutions to improve the
efficiency of LA on road TS&O in Hanoi city.
- The historical method is used in all chapters of the thesis to
analyze and assess the situation of road traffic in Hanoi as well as
improve the efficiency of LA in ensuring traffic order and safety.
- Statistical method is used in Chapter 3 of the thesis when
assessing traffic situation in Hanoi.
- The generalization method is used in Chapter 4 of the thesis
to propose solutions to improve the efficiency of LA in ensuring road
traffic order and safety in Hanoi city in the coming years.
5. Research contributions
The thesis has made some scientific contributions to LA in
ensuring road TS&O in Hanoi city.
Firstly, the fact that LA in ensuring road TS&O in Hanoi is
not only about LA activities of forces directly regulating traffic,
handling administrative violations in road traffic but also covering
LA in transportation planning, traffic organization, LA on the
information technology platform in the fourth industrial revolution.
Secondly, the thesis dynamically studied the coordination
between traffic police forces and other forces of Hanoi Police in
regulating and guiding vehicles to participate in multi-traffic traffic

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form and complexity in Hanoi city.
Thirdly, the thesis stated synchronous solutions in law
propaganda, dissemination and education, especially dissemination of
traffic law education for foreigners working and living in Hanoi and
tourists come from other provinces and countries.
6. The theoretical and practical significance of the thesis
6.1. Theoretical significance
- Research results contribute to clarifying, giving a more
comprehensive, profound, scientific and practical view of LA theory
in ensuring road TS&O in Hanoi, and building a theoretical and
practical basis for continuing to improve the effectiveness of LA to
ensure road TS&O in Hanoi.
6.2. Practical significance
- Research results of the thesis can be used as reference for
research and teaching activities at training and retraining institutions
for cadres and civil servants. At the same time, the thesis is also a
reference source for relevant agencies and organizations in
organizing the implementation of laws related to the management of
cadres and civil servants.
7. Structure of the thesis
In addition to the introduction, conclusion and list of
references, the body of the thesis includes 4 chapters, as follows:
Chapter 1: Overview of research on issues related to the
topic;
Chapter 2: Theoretical issues of law application in the field
of road traffic order and safety in Hanoi
Chapter 3: Actual situation of law application in the field of

road traffic order and safety in Hanoi
Chapter 4: Directions and solutions to improve the efficiency of
law application in the area of road traffic order and safety in Hanoi.

Chapter 1
OVERVIEW OF RESEARCH SITUATION ON THE THESIS
1.1. Literature review
First of all, in theory, we can mention the textbooks on the
theory of the State and the law of universities: Hanoi Law University,


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Law Faculty of Hanoi National University, Hue University. .. These
sourses have a fairly simple approach to LA and implementation, in
which the implementation of the law is understood to be the legal
activity and behavior of legal entities in accordance with the
provisions of law, LA is understood "as an organizational and
powerful activity the State carried out by state agencies and
competent authorities to differentiate legal norms in specific cases
toward specific individuals and organizations. In all of the general
theoretical curricula on the state and the law of the training
institution, this study addresses implementation issues and LA in
recent times. Studies are increasingly comprehensive and in-depth. In
the General Theory on State and Law of Hanoi National University,
Faculty of Law issued in 2005, (Editor-in-Chief Hoang Thi Kim Que
- National University Publishing House), implementation issues and
LA were more complete access to issues such as the concept of
implementing laws, the forms of law implementation, the cases in
need of LA, the concept of LA (including definitions, characteristics
of LA), results of LA, and LA stages. In addition, this syllabus also

provides a related problem that is similar to LA. In the 2005 General
Theory on the State and the Law, the implementation of the law is
understood as: “a process of operation aimed at making the
provisions of law come to life and become real legal practice of legal
subjects”(34, p. 494). LA is defined as: “organizational activity which
demonstrates the state power is carried out by competent state
agencies, authorities or social organizations empowered by the state
to personalize the legal regulations in specific cases for specific
individuals and organizations”.
LA has the following types: 1) Regarding the objects of
application (under the law) - constitutional law, criminal law, public
administration law ...; 2) Regarding the subject of application of law acts of heads of state, judicial agencies, prosecutors ...; 3) Regarding
legal value: Particular documents (decisions on administrative
sanctions, judgments) ...; 4) Regarding the text form: Legal
documents, legal acts, verbal claims ..; 5) Regarding the time of
validity – one-time applications (for example, a fine) and long-lasting
ones (for example, pension benefits); 5) Regarding the nature -


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prescribing
obligations,
responsibilities,
prohibitions
and
authorizations ...; 6) Regarding the function of adjusting the law protecting the law, adjusting the behavior ..
Russian scientist ....analyzed the concept of applying the law
very well: Applying the law (правоприменение) - one of the forms
of law enforcement is the power activity of state agencies and
authorized person to ensure law enforcement. The basic signs of law

application: the activity is carried out by unilateral will of the
competent authority and individual; Is a kind of state management
activities; It is an organizational activity, which means that the
organization applies the law in a specific situation for specific
individuals; an activity is procedural, that means it is carried out in
conformity with formalities as prescribed by law; Determining
correctly, means assigning (personalizing) common behavior rules
(legal rules) directly to this case; it is powerful, that means, it is only
done by the competent authorities (eg government agencies, local
authorities); guaranteed, that means ensuring the performance of third
party rights.
Applying the law has the following stages: Determining the
practical basis of the case; determining the legal basis of the case;
decision to handle the case. At the first stage, the collection and analysis
of all reliable practical documents (legal-related information) regarding
legal events is carried out to determine objective facts in specific cases.
In the second stage, legal assessments are made on the practical
document of the case based on the selection of relevant laws and legal
regulations, and interpretation of legal documents. At the third stage, a
decision is made for the case (must be reasonable, legal, quick, and fair).
The law application document is a special document issued by an
authorized body, deciding on a specific legal case.
Regarding monographs, in 2009, the Jurisdical Publishing
House published a monograph “Applying law in Vietnam today some theoretical issues and practice” (editor Nguyen Thi Hoi). This
monograph has the participation of many scientists in various subsectors in the field of jurisprudence with many issues of theoretical
and practical research such as: LA Concept, LA process, LA decision,
LA similarity, LA in the criminal field, LA in civil, LA in


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public administration, LA commerce, in labor, taxation, family
marriage and foreign LA .... In this document, the implementation of
the law is defined as "lawful (act or inter alia) behavior of a subject
with legal acts." This is a reference monograph that serves well for
the research of the topic.
“Some issues on ensuring traffic safety and order” - National
Political Publishing House, (2002) in cooperation with the authors
Tran Van Luyen, Tran Son, and Nguyen Van Chinh.
Researching the master plan on road traffic safety in the
Socialist Republic of Vietnam until 2020 is one of the comprehensive
and well-researched studies conducted by national and foreign
experts, funded by JICA, completed in 2009. The study has
mentioned many important current issues such as policies and
institutions on traffic safety, transport infrastructure, driver licensing
and control systems, checking transportation means and managing
transport, enforcement and education activities on traffic safety and
medical emergency. On this basis, the study proposed 6 groups of
important solutions to improve traffic safety, including the
development of a safe road environment, safe driving and safe
vehicles, maintaining road order, developing education and
propaganda, medical emergency systems and assisting victims of
accidents, institutions and resources. However, this study has not
shown the object, scope and schedule of application, in terms of
resource limitation. In addition, due to the different entities, the need
and impacts of solutions on them are also varied. If this problem is
not solved, the above solutions will not be applied and lack of
feasibility. Moreover, this study has hardly given legal solutions,
including LA activities, especially in the field of road traffic order.
In the article written by Vukan R. and Vuchik “Urban transit
system and technology” (John Willey and sons. Inc., 2007), the

authors have proposed traffic safety measures in London based on the
application of technology achievements. These are connection
information technology, satellite navigation technology and traffic
status notification for major transport vehicles in big cities to avoid
congestion, risks and create air traffic in all directions traffic is timely
instructed.


8
Chin Hoong Chor in 1998 published a “Urban transport
planning in Singapore”
Transportation always plays an important role in modern
economic development of Singapore. When Sir Stamford Raffles
landed in Singapore in 1819, he intended to establish a trading point
on the island to facilitate traffic between China and Britain, and
expand Britain's commercial interests in the Malayan Islands.
Singapore's modern history begins with the vision of Raffles to turn
the small fishing village into a great commercial center and a free
port. Within a few years of his arrival, Raffles set out his plans and
principles for developing Singapore into “the pride of the East”.
The doctoral thesis of Boyko Grigory Vladimirovich “Method
of optimizing the transport structure to maintain urban passenger
traffic” (Бойко Григорий Владимирович "Методика оптимизации
структуры
транспорта
для
обслуживания
городских
пассажирских перевозок") studied traffic order and safety in
passenger transport in Moscow city. In the thesis, the author analyzed

the approach of organizing the process of transporting passengers in
the cities of the Russian Federation, passenger transport status,
quality of passenger transport, safe transportation and ecological
environment, factors affecting, road traffic conditions in cities of the
Russian Federation.
Among the works of Russian scientists studying road traffic
order and safety, there is also the Doctoral Dissertation of Law of
Amel'chakov Igor 'Filippovich “Legal basis and organization of
safety assurance human being in traffic” (Правовые и
организационные основы обеспечения безопасности личности
на объектах транспорта). The author has conducted a
comprehensive study on personal security issues when participating
in traffic. Based on summarizing domestic and foreign experiences,
the author makes recommendations for practical application of
agencies under the Ministry of Public Security.
In recent years, there have been many studies on traffic issues
in Hanoi, and ensuring traffic order and law enforcement in transport
in Hanoi.
Ddoctoral dissertation thesis of Tran Son Ha (National


9
Academy of Public Administration) on Public Management studies
"State management of road traffic order and safety in Vietnam today"
(2016). The thesis aims to clarify the theoretical and legal basis and
assess the state management of road traffic order and safety to give
directions and solutions to improve state management on Road traffic
order and safety in Vietnam today.
Regarding the state management practices in transport, there
are a number of research projects such as: State Management in

Transportation by Nghiem Van Dinh (Transport Publishing House,
2003). This is a concurrent study on both traffic order and safety, and
state management in traffic order and safety that has given legal
solutions to state management in traffic order and safety in general.
Key ministerial project “Solutions for road traffic safety in Vietnam”
(project leader Nghiem Dinh Dinh in 2004), offered solutions to
traffic safety order in Vietnam but mainly in the technical and social
aspects, few legal aspects are mentioned.
“Some issues on ensuring traffic safety and order” - National
Political Publishing House, (2002) in cooperation with Tran Van
Luyen, Tran Son, and Nguyen Van Chinh.
Researching the master plan on road traffic safety in the
Socialist Republic of Vietnam until 2020 is one of the comprehensive
and well-researched studies conducted by nationl and foreign experts,
sponsored by JICA, completed in 2009.
1.2. Literature review and the need for this dissertation.
To sum up, the theoretical and practical results on LA of
previous research have been systemized to some extent and shown
the continuous growth, which builds a good basis for this paper. That
is the approach to LA concepts, characteristic and case studies as well
as its stages and similar terms.
LA in TS&O is a specific issue. However, on LA, the
previous studies have just conducted research on general issue or any
related issues rather than TS&O, especially LA.
Chapter 2
THEORETICAL ISSUES ON THE LAW APPLICATIONIN
THE FIELD OF ROAD TRAFFIC SAFETY, ORDER


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2.1. Concept, characteristics, role of law applicationin the
field of road traffic safety and order
When talking about implementing laws, V.I. Lenin
generalized, "When there is a law but we don’t follow the law, it is
worse than no law." He also said "There is a long distance from the
enactment of law to the implementation of law." Around 2,300 years
ago, Han Phi wrote, "No country is always weak. No country is
always strong. If the country has strong law enforcement people, that
country will be strong. If the country has weak law enforcement
people, that country will be weak". First of all, we need to see law
application is just one of the forms of law enforcement. In some
study courses, the expression of the concept of law enforcement is
somehow agreed.
It can be seen that law application is a very complicated,
important activity and has the following key characteristics:
First, law application is an organizational activity that
represents state power. This is an activity always carried out by the
authorized subjects defined by law. Second, law application must be
conducted in strict order and procedures prescribed by law. Third, law
application is an activity to adjust individuals.
The above are academic views on law application in general.
However, in practice, it may be necessary to expand the content of
law application from the point of view of the Institute of State and
Law: "Law application is all the works, activities, methods to
implement the requirements set out in the law to regulate social
relations” as mentioned above, because there are many other
practical law application activities that are not entirely indicative of
such manifestations. If the state's power is said to include legislative
power, executive power and judicial power, then law application
mainly lies in both executive and judicial powers, especially

executive power. Thus, it can be understood: Law application is a
type of state management, organized, implementing the law in a
specific situation for specific individuals, which are procedural,
implemented under certain procedures according to the provisions of
law, expressed in different documents of competent persons in the
state apparatus.


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2.1.2. Characteristics of law application in road traffic
order and safety
First, law application in the field of road traffic order and
safety is a state management activity in a narrow-specialized area.
Second, law application in the field of road traffic safety is complex.
In fact, there is almost no one involved in living activities without
moving from one place to another, region to region, by various
means... Third, law application in the field road traffic safety and
order requires increasing and increasing physical and technical
conditions as well as human resources.
From the above research contents, it can be seen that the
concept of law application in the field of road traffic safety is
understood as follows: law application in the field of road traffic
safety is "Applying the law in the field of road traffic safety is a form
of law implementation, in which the state approves competent
agencies – public security agencies (traffic police forces and
specialized police forces), people's committees at all levels,
Procuracy, Court, or authorities to be responsible for organizing
legal entities to implement legal provisions in the field of road traffic
safety to issue administrative handling decisions to individuals and
legal entities in the field of road traffic safety and order".

The characteristics of law application in the area of road
traffic order and safety in Hanoi also have the above common
characteristics but vary at the level of expression: First, law
application in the field of Road traffic order and safety in Hanoi is
concentrated in the center of the inner city, mainly in urban districts.
Second, law application in the field of road traffic order and safety in
Hanoi city is very complicated. Thirdly, law application in the field of
road traffic order and safety in Hanoi requires that the implementing
subject must meet the requirements of high professional and expertise
level. Fourth, law application in the field of road traffic order and
safety in Hanoi requires an increasing and increasing investment in
human and material resources.
There are many contents to be implemented in applying laws
in the field of road traffic order and safety. Typically, law application
will be conducted when there are the following basic cases: When the


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subject's legal rights and obligations are not automatically born,
changed or ended without state intervention; When there is a dispute
over the rights and legal obligations between entities that they cannot
solve and require the state to intervene; When it is necessary to apply
legal liability measures to law violating subjects to realize legal
remedies; When a number of coercive measures are required for a
number of subjects for the benefit of the state, their society or
themselves, even though they do not violate the law; When the state
needs to participate in inspection and supervision of subjects in the
implementation of legal rights and obligations in certain legal
relations; When it is necessary to confirm the legal meaning of facts
or actual phenomena.

In law application operations in the field of road traffic safety
and order, their content is also basically generated from these cases.
In the first case, law is applied when the legal rights and obligations
of the subjects do not naturally arise, change or end without the
intervention of the state, the competent entities based on the
regulations of the law and the actual requirements arising from road
traffic order and safety to carry out their activities such as recovering
or requisitioning land for the construction of new or expanding traffic
works. At that time, the subjects based on the land law to revoke land
use rights and carry out tasks such as measurements, planning
compensation, supporting resettlement, meeting residents to
propagate and disseminate policy, reaching agreement with
investors... In the second case, law application is conducted when a
dispute arises over the rights and legal obligations between entities
that they cannot solve and require the state to intervene. In this case,
not only are the management entities involved in the implementation,
but also judicial agencies like the courts participate. In the third case,
law application in the field of road traffic safety and order needs to be
carried out when it is necessary to apply legal liability measures to
entities violating the law to realize legal remedies. In the area of road
traffic order and safety, this is the most common, most frequent case
and will be carried out in the long term. In the fourth case, law is
applied in the field of road traffic safety and order in the case of
coercive measures applied to some subjects for the benefit of society,


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the state or itself although they do not violate the law. In the fifth
case, law application is done when the state finds it necessary to take
part in inspection and monitoring activities of entities in certain legal

relations. In the sixth case, law application is done when it is
necessary to confirm the legal meaning of actual events. For example,
the traffic police confirm whether or not there is a mistake of the
vehicle owner when an accident occurs, which is the basis for
assessing damage and compensating for damage in vehicle insurance
or for the benefit of the second person. Activities of this type also
tend to increase recently and will continue to occur later. Law
application activities in this case also need special caution because
the phenomenon of insurance abuse or disputes is very likely to
occur.
In general, when law application is done in the field of road
traffic safety and order, the content of each type of case is different.
Depending on the nature of the case requiring law application,
administrative, criminal, land or civil law can be applied... so the
contents of those cases are also very rich.
Applying laws in the field of road traffic order and safety
always requires satisfying high demands on resources, including
physical resources and human resources.
In the law application process in the area of road traffic safety
and order, with the contents and types of cases identified as above,
the nature of the activities may change. First, the actors conducting
law application in the field of road traffic safety are all competent,
state-owned subjects, on behalf of the state in their activities when
conducting law application. Second, the subjects of law application
activities in the field of road traffic safety must strictly adhere to the
principle: "only do and must do what is stipulated by the law". Third,
the subject conducting law application in the field of road traffic
order and safety is quite diverse, related to many areas of life.
2.1.3 The role of law application in the field of road traffic
safety and order

The application of the law in the field of road traffic order and
safety has the highest purpose to ensure road traffic safety. This role


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belongs to the traffic police force. The application of law in handling
road traffic violations is a very important task.
- Applying laws in the field of road traffic contributes to
bringing the law in the field of road traffic to life.
- Applying laws in the field of road traffic contributes to
improving the understanding of law and the sense of law observance
of citizens.
- Applying laws in the field of road traffic contributes to
improving the efficiency of state management of road traffic.
2.2. Subjects, contents and order of law application in the
field of road traffic order and safety
2.2.1. Subjects of law application in the field of road traffic
order and safety
Participants in law application activities in the area of road
traffic safety and order in Hanoi may include the following subjects:
People's Councils at all levels from the city to the commune and ward
levels; State management agencies such as the City People's
Committee, District People's Committees and People's Committees of
wards and communes.
At the City level, the People's Committee manages traffic
safety and order across the whole City, including participating in
activities such as surveys, planning, design, investment and
organization of construction of road traffic infrastructure works;
approving or adjusting local planning on traffic; checking and
evaluating the activities of the authorities; directly handling cases

under jurisdiction in the locality or guide and directing activities of
districts, communes and wards... People's Committees of districts,
towns and cities of the City execute tasks according to the authority
hierarchy with more specific tasks under the general direction of the
City People's Committee and the professional guidance of the
Department of Transport. People's Committees at all levels are
advised by the Department of Industry and Trade on urban traffic,
construction... related to state management of traffic order and safety
in the area.


15
The People's Committees of wards, communes and townships
are the agencies directly managing the aspects of economic and social
life, including traffic issues.
2.2.2. Subjects coordinate in applying law in the field of
road traffic order and safety
Law enforcement agencies include police, procuracies and
courts. Depending on the type of work or depending on each stage of
law application, each of these agencies perform different tasks with
separate functions and tasks or work together. The Procuracy at all
levels has an important role in examining and monitoring law
application activities in the areas of road traffic safety and
responsibility of entities responsible for these activities, especially in
the complex incident with the participation of many parties. The
Court is the body that adjusts criminal cases, civil disputes,
administrative lawsuits... and is often the last agency to rule on the
above issues so it holds a particularly important position and role in
law application operations in general, many of which involve law
application in the field of road traffic safety and order. A type of

action subject with a very deep specialized expertise is the traffic
inspector. Traffic inspectors in Hanoi city are not only of the City but
also the traffic inspectors of the Ministry of Transport. They work in
a both independent and coordinated way to ensure that traffic order in
the area is respected, especially the control of activities that may
cause damage to or damage the traffic works of the Capital. In
addition to the law application forces in the above road traffic order
and safety field, the military's control forces are also involved in
these activities.
2.3. Content of law application in the field of road traffic
order and safety
2.3.1. Issuing legislature documents and executive
documents
Issuing legal documents is a factor of law-building activities.
The issuance of the Circular of the Ministry of Public Security,
Circular of the Ministry of Transport, Joint Circular of the Ministry of
Public Security, Ministry of Transport, Ministry of Health, as well as
issuing specific regulations of the Hanoi Public Security, of the


16
Department of Transport on sanctioning violations of the law on road
traffic order and safety of Hanoi are documents to apply the law in
the field of road traffic order and safety in Hanoi city.
Public Security forces also formulate plans to perform the
task of ensuring road traffic safety and order in Hanoi city.
Accordingly, the mobile police Regiment of Hanoi Public Security
has completed the plan to strengthen the observance of the legal
regulations on helmet wearing when participating in traffic in the
Capital area.

Thus, it can be said that among the content of law application
in road traffic order and safety in general, including road traffic order
and safety in Hanoi city, the issuance of legal documents of the
Ministry of Public Security, the executive documents of Hanoi Public
Security play a very important role.
• Transport planning and construction of road traffic
infrastructure
• Traffic organization and maintaining road traffic order and
safety
• Handling administrative violations in road traffic order and
safety
In handling administrative violations in the field of road
traffic, attention should be paid to the constitution of administrative
violations. First, the objective side: the objective side of
administrative violations in general and administrative violations in
the road transport sector in particular is a combination of external
signs of administrative violations. Secondly, the subjective side: the
subjective side of the violation is the internal sign of the
administrative violation and is reflected in the fault factor of the
violator. Third: the subject side: the subject implementing
administrative violations is an individual or organization with the
capacity to bear administrative responsibility to comply with
administrative law. Fourthly, the objective side: the objective's sign
to identify administrative violations in the road transport is a
violation breaching the state administrative order in the field of road
transport.


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Principles for sanctioning administrative violations in the

field of road traffic: Firstly, only sanctioning administrative
violations when committing administrative violations prescribed by
law. Second: The principle is timely, fast and thorough. Third: An
administrative violation is only sanctioned once. Fourth: Principles
of fair handling; Fifth: The sanctioning of administrative violations in
the field of road transport must be sanctioned by competent persons.
• Hearing cases on road transport
In the process of settling cases of violations of traffic order
and safety, the courts have strengthened coordination with the
agencies conducting legal proceedings, in cases where the records are
still not tight, do not have enough solid basis to confirm the criminals
and offenders, the Court resolutely returns the record for additional
investigation, in order to ensure the right trial of the right person and
in accordance with the law.
2.4. Factors affecting law application in road traffic order
and safety
• Transport infrastructure has not met the requirements, too
diversified means of transport and overcrowded population density
• The law is incomplete
• The capacity of the subject to apply the law has many
weaknesses
• The intellectual level is not high, the sense of law
observance of participants is still poor
• Investment resources for Hanoi's transport infrastructure
have not met the demand for transport systems
From the reality in Hanoi and experience in some localities,
some countries, it can draw lessons for mobilizing resources to
develop transport infrastructure in Hanoi as follows: Firstly,
determining that the mobilization of resources for infrastructure
development is an important solution for infrastructure development

investment. For the transport sector, when infrastructure needs a large
amount of capital, it is needed to diversify capital sources. Secondly,
in diversifying resources, budget resources are an important factor to
attract other capital sources. Thirdly, it is necessary to actively call
for the participation of the private sector and foreign investors. In


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most infrastructure development projects, the role of the government
is almost exclusively to maintain a stable investment environment
with a consistent, stable and low tax system.
Chapter 3
CURRENT SITUATION OF LAW APPLICATION IN
THE FIELD OF ROAD TRAFFIC SAFETY AND
ORDER IN HANOI
3.1. Situation of traffic safety in Hanoi and factors
affecting traffic in Hanoi
3.1.1. Road transport characteristics of Hanoi
Hanoi is the capital of Vietnam and is also one of the cities
with high population and highest population density of the country so
Hanoi traffic of a certain great importance in meeting the increasing
travel and transportation needs of good and passengers. In the field of
traffic safety and order in Hanoi, law application is absolutely
necessary for the following reasons: First, ensuring social order and
safety in general for the Capital of a country is always a frequent and
necessary requirement. Secondly, Hanoi is a place that regularly hosts
important events of the country and many major international events.
Thirdly, the discontent of the people and many organizations on
issues such as planning, architecture, ground for construction of
traffic works, compensation for site clearance, construction of works,

managing traffic projects, harassment of some management forces...
has shown that Hanoi has many issues to be solved in order to build a
civilized and modern city.
3.1.2. Current situation of legal regulations on road traffic
order and safety
The relevant authorities have actively implemented the
planning of transport development of Hanoi Capital to 2020 in
Decision No. 90/2008/QD-TTg dated July 9, 2008; investment in
construction, renovation and expansion of radial national highways,
expressways, belt roads, main urban axes, intersections, urban
railways, overpasses and tunnels for pedestrians, redesigning for a
reasonable traffic system at points with overpasses or tunnels for


19
pedestrians, upgrading and supplementing traffic control equipment
at intersections or congestion.
Over the past years, the national traffic police force has
regularly deployed drastic patrols, controlled and handled
administrative violations on traffic routes, especially on key traffic
routes and complicated geographical areas where there are many
traffic accidents. In complex areas of traffic safety and order,
maximum mobilization of Traffic Police and other Police forces,
Commune’s Police is done to carry out patrolling, controlling,
handling violations, focusing on original acts directly causing traffic
accidents and traffic congestion...
In consequence, from June 15, 2012 to March 16, 2017, the
national traffic police forces have recorded 45,469.607 violations,
filed 25,966.4 billion Vietnamese dong. Among which, on road
transport routes, as many as 44,525,814 violations have been

inspected and recorded, filed as many as 25,419.6 billion Vietnamese
dong, deprived of 1,725,013 driving licenses, temporarily held
151,895 cars, 2,661,356 motorbikes and 55,795 other vehicles.
3.1.3. Comment on the current legal status of Hanoi traffic
safety and order
Although law application activities in the area of road traffic
order and safety have achieved a lot of remarkable achievements,
certain limitations need to be overcome in the coming time. The
biggest limitations can be seen in the law application in the area of
road traffic order and safety in the Capital are as follows:
Law application activities in the field of road traffic safety
and order have little smooth coordination among authority forces.
Law application activities have not made significant changes
in traffic order and safety, and the results are still limited.
3.2. Current situation of law application in the field of
road traffic order and safety
3.2.1. Current situation of law application in planning and
construction of road traffic infrastructure
The first thing that can be seen is the establishment of a legal
order for effective road traffic order management thanks to the
attention of the all-level governments and authorities in issuing the


20
legal documents, and documents directing law application in the field
of road traffic safety and order. It is the necessary to continue to bring
law into life.
It can be said that this is one of the most obvious results about
the achievements of law application in the field of road traffic safety
in the city. The reduction of traffic accidents has been achieved all

three criteria including reducing the number of accidents, reducing
the number of injuries and especially reducing the number of deaths
from accidents. These criteria are continuous and represent a trend.
3.2.2. Current situation of law application in traffic
organization and ensuring road traffic order and safety in Hanoi
• Law application activities in the area of road traffic safety
order have little smooth coordination among relevant authority
forces.
• Law application activities have not changed the traffic order
and safety significantly, the results are still limited.
3.3.3. Current situation of law application in handling
administrative violations in road traffic
In recent years, Traffic Police forces of Hanoi Public Security
have concentrated their forces and means, applied many positive
measures to limit to the maximum level of traffic congestion on a
large scale.
Ha Noi capital is in the strong urbanization process, with
many projects under construction, along with the traffic congestion,
which leads to increasingly serious environmental pollution, creating
more and more pressure on transport infrastructure system.
3.4. General assessment of the status of law application in
the field of road traffic safety and order
3.4.1. Advantages and causes
Firstly, there are close instructions of leaders and managers
from policies to specific activities, which helps to raise the levels and
effectiveness of handling legal violations; Secondly, this can be
considered as a particularly important cause, which inspires
subsequent results. Thirdly, there is an increasingly more
synchronous combination among relevant the authorities; Fourth,

21
agencies and authorities are more responsible and experienced in
each area of their responsibility;
3.4.2. Limitations and causes
The cause of the existing limitations as mentioned above has
both subjective and objective causes. The main causes identified are:
Objective causes: Firstly, it can be said that the old Ha Tay province
merged into Hanoi is the first objective cause leading to difficulties in
managing economic and social activities. Secondly, Hanoi Capital
itself has its own complexities with very high population density
(mainly defined within the downtown) along with many more diverse
and complex socio-economic activities than other localities. Thirdly,
the economic development is so fast that too many industrial zone
projects invested in Hanoi have led to the loss of the area for inherent
traditional activities as well as the mechanical increase in population
from other localities.
Subjective causes: The first reason is from the planning to
rebuild the Capital. Secondly, the issuing directions and executive
documents is not timely, so the activities still depend on and rely on
the directions, not proactive and positive from the grassroots level.
The third is the awareness of the public duty people who perform the
task is not high. Fourthly, the mobilization of resources for Hanoi
transport in general and for law application activities in the area of
road traffic order and safety in particular are not diversified, not
trained and not on a right scale.
Issuing licenses is an important part of law application
operations in the area of road traffic safety and order. There are many
types of licenses, such as driver's licenses, route use permits, vehicle
custody permits, road excavation licenses, construction permits...

Chapter 4
VIEWPOINTS AND SOLUTIONS TO INCREASE
EFFICIENCY OF LAW APPLICATION IN THE FIELD OF
ROAD TRAFFIC SAFETY ORDER IN HANOI
4.1. Viewpoint to improve the effectiveness of law
application in the field of road traffic order and safety in Hanoi
city


22
• It is needed to determine the effectiveness of law application
in the area of road traffic order and safety in Hanoi city
• Improving the effectiveness of law application in road traffic
order and safety in Hanoi city must comply with the rule of law
• Improving the effectiveness of law application in the area of
road traffic safety and order in Hanoi city must be in line with the
resources and specific features of road traffic in Hanoi city.
• Improving the effectiveness of law application in the area of
road traffic safety and order in Hanoi city must be consistent with the
need to ensure the legitimate rights and interests of traffic
participants.
• Improving the effectiveness of law application in the area of
road traffic safety and order in Hanoi city must go hand in hand with
raising the responsibility of the subjects applying the law and the
law-abiding sense of traffic participants
4.2. Solutions to improve the efficiency of law application
in road traffic order and safety
4.2.1. Completing the law in the field of road traffic order
and safety
The work of building and perfecting the law on traffic order and

safety has not met the requirements and practical demands; regulations
on regimes and policies for people with merit, injuries and sacrifices on
duty of protecting traffic order and safety remain insufficient.
The building and improvement of the system of legal
documents on ensuring traffic order and safety should be carried out
in parallel with law propagation, dissemination and education
activities, combining with regular and extensive implementation to
all classes of people.
4.2.2. Renovating the work of promulgating and organizing
the implementation of law application documents in the field of
road traffic order and safety
The regulatory scope of the law on traffic order and safety is
too wide, including regulations on road, waterway and railway traffic
rules; structure, construction of transport, freight and transport
infrastructure; Transport support services and state management on


23
transport, which leads to overlap with the provisions of other laws
(Enterprise Law, Construction Law, Public Investment Law..).
4.2.3. Strengthening the capacity and coordination between
law application entities in the field of road traffic order and safety
Strengthening the coordination between competent state
management agencies in the field of traffic to avoid overlapping
management or kicking the ball of responsibilities among each other
which will reduce the efficiency of ensuring traffic order and safety
by law. Developing a close coordination mechanism between the
Ministry of Transport, Ministry of Public Security, Ministry of
Finance, Ministry of Industry and Trade, Ministry of Education and
Training, Ministry of Information and Communications, Ministry of

Labor, War Invalids and Vietnam society, Vietnam Fatherland Front
and People's Committees at all levels in settling issues such as
construction of traffic works, traffic flow and handling of traffic law
violations; closely coordination in the management of import of road
transport vehicles and types of imported vehicles on the basis of
standards, techniques and road conditions; training, vocational
training, law propaganda and dissemination and education on traffic
order and safety, etc.
4.2.4. Improving the effectiveness of handling administrative
violations in the field of road traffic order and safety Enhancing the
effectiveness of law enforcement on Traffic Safety and Order such
as focusing on improving professional and
expertise capacities, increasing investment, modernizing equipment and
facilities for specialized forces; continuing to invest and upgrade in
association with improving the efficiency of management, exploitation
and quality of maintenance of transport infrastructure systems.
4.2.5. Promote the propaganda and dissemination of laws in
the field of road traffic order and safety. Improving people's
intellectual standards and legal awareness of traffic participants
The building and improvement of the legal document system
on ensuring traffic order and safety should be carried out in parallel
with law propagation, dissemination and education activities,
combining with regular and extensive implementation to all classes
of people.