Thông tư liên tịch 26/2014/TTLT-BYT-BCA của Bộ Y tế, Bộ Công an về việc quy định về xét nghiệm nồng độ cồn trong máu của người điều khiển phương tiện giao thông cơ giới đường bộ

THE MINISTRY OF HEALTH  - THE MINISTRY OF PUBLIC SECURITY

Joint Circular No.26/2014/TTLT-BYT-BCA dated July 23, 2014 of the Ministry of Health and the Ministry of Public Security prescribing the alcohol concentration in blood of road vehicle’s operators

Pursuant to the Law on road traffic No. 23/2008/QH12 dated November 13, 2008;

Pursuant to the Law on Medical examination and treatment No. 40/2009/QH12 dated November 23, 2009;

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

Pursuant to the Decree No. 63/2012/ND-CP dated August 31, 2012 of the Government defining the functions, tasks, powers and organizational structures of the Ministry of Health;

The Minister of Health and the Minister of Public Security issue the Joint Circular prescribing the alcohol concentration in blood of road vehicle’s operators.

Article 1. Scope of adjustment

This Joint Circular stipulates cases in which blood alcohol concentration test (hereinafter called BAC test) is required; conditions and responsibilities of laboratories; procedures for the BAC test and payment for cost of the BAC test of operators of road vehicles or special vehicles (hereinafter referred to as road vehicles).

Article 2. Subject of application

This Joint Circular shall apply to entities involved in the BAC test of road vehicle operators.

Article 3. Cases for the BAC test

1. The operator causing or having a road accident shall be requested to undergo the BAC test by commissioned officers or non-commissioned officers (hereinafter referred to as police officers) who are conducting the investigation and handling that accident.

2. The operator involved in a road accident shall be requested to undergo the BAC test by the police officers who are conducting the investigation and handling that accident.

3. The operator having signs of intoxication shall be requested to undergo the BAC test by the police officers who are conducting the investigation and handling that accident.

4. The operator having the road accident who is sent to the medical facilities shall be required to undergo the BAC test.

Article 4. Medical establishment’s requirements for the BAC test

The medical establishment shall be run the BAC test if it satisfies all requirements below:

1. There is testing unit of which the list of techniques for measuring the BAC is approved by a competent authority.

2. There is biochemical equipment for BAC test, devices for storing and keeping blood samples.

3. There are laboratory technicians having qualifications or the Certificate of laboratory major and having a thorough grasp of procedures for BAC test

Article 5. Procedures for the BAC test

1. The medical establishment running the BAC test (hereinafter referred to as laboratory) shall receive the test subject as prescribed in the Article 3 of this Circular, check the test report using Form No. 1 enclosed herewith and send to the laboratory technicians.In case the test subjects are those prescribed in the Clause 1, 2 and 3 Article 3 of this Joint Circular, it is required to have a written request for BAC test of the police officer using the Form No. 2 enclose herewith.

2. The laboratory technician must comply with the procedures for running the BAC test issued by the Minister of Health.

3. The laboratory shall give the test report using the Form No. 3 enclosed herewith to police officers or police authorities requesting the test, give the result to the test subjects as regulation of medical record; provide the People’s Procuracy or People’s Court with test result (on request) and keep it as prescribed.

Article 6. Cost for the BAC test

1. The operator committing violations of the Law on Road traffic must incur the cost of BAC test according to the service charges imposed by regulatory agencies with regard to the state medical facilities.

2. The payment for the cost of BAC test of road vehicle operators who do not violate the Law on Road traffic are prescribed as follows:

a) If the operators prescribed in Clause 1, 2 and 4 Article 3 of this Circular have health insurance cards, the testing cost shall be covered by health insurance as prescribed in law on health insurance ;

b) If the operators prescribed in Clause 1 and 2 Article 3 of this Circular do not have any health insurance cards and the operators prescribed in Clause 3 Article 3 of this Circular have or do not have any health insurance cards, the police agency requesting the test must incur the cost of BAC test according to the service charges imposed by the regulatory agencies with regard to the state medical facilities.

c) If the operators prescribed in Clause 4 Article 3 of this Circular do have not any health insurance cards, they must incur the cost of BAC test according to the service charges imposed by the regulatory agencies with regard to the state medical facilities.

Article 7. Implementation responsibilities

1. Responsibilities of the laboratories

a) They must run the BAC test to those prescribed in Article 3 of this Circular at the request of the Police agency or under orders from the doctor In case the medical establishments are not eligible for the test, they must take the blood samples, preserve and transfer them to the laboratory under the procedures. In case the test subjects are detained by regulatory agencies, the laboratory must send the person in charge to the location on the written request for the BAC test of the police agencies to take the blood samples and run the test;

b) They must ensure the accuracy and take legal responsibility for the test result;

c) They must cooperate with the Social insurance agencies in ensuring the rights of the operators who are the test subjects of the BAC test under regulations of law.

2. Responsibilities of the police agencies:

a) They must request the laboratory to test those prescribed in Clause 1, 2 and 3 Article 3 of this Circular for the BAC test as prescribed

b) They must cooperate with the laboratory in sampling the bloods of the operators whose signs of intoxication as prescribed in the Clause 3 Article 3 of this Circular;

c) In case the road user has a road accident, the police agency must request the medical establishment to receive the victim and run an early BAC test within 24 hours;

d) They must allocate the expense budget to pay the fee for BAC test prescribed in the Point b Clause 2 Article 6 of this Circular in the annual budget approved by the State.

Article 8. Implementation effect

This Circular takes effect on September 19, 2014.

Article 9. Implementation organization

1. Responsibility of the Health authorities:

a) The Department of management of medical examination and treatment - the Ministry of Health, the Department of Health of central-affiliated cities and provinces shall provide guidance and supervise the health authorities in implementing this Circular ;

b) Heads of the Ministry of Health affiliated authorities; heads of medical establishments within their competence must take responsibility for implementation of this Circular;

c) Directors of the Department of Health of central-affiliated cities and provinces must organize the implementation of this Circular in their provinces and announce the list of laboratories of eligibility for BAC test on the web portal of People’s Committee of central-affiliated cities and provinces or on the web portal of the Department of Health (if applicable).

2. Responsibility of the police agencies:

a) General Department of administrative management Police on social order and security - the Ministry of Public Security must provide guidance and supervise the authorities in the People’s police forces in implementing this Circular.

b) General heads, Heads of the Ministry of Public Security affiliated units, Directors of Police of central-affiliated cities and provinces, Directors of Provincial Fire Department within their competence must be responsible for implementation of this Circular.

Difficulties arising on the course of implementation in this Circular should be reported to the Ministry of Health (via Department of medical examination and treatment management) or the Ministry of Public Security (via the General Department of administrative management Police on social order and security) for consideration./.

The Minister of Public Security

General Tran Dai Quang

The Minister of Health

Nguyen Thi Kim Tien