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.