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 INTRODUCTION 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 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 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 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 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, 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 and Chapter to analyze and systematize the research problems set by LA in ensuring TS&O - Comparison method is used in Chapter and Chapter 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 of the thesis when assessing traffic situation in Hanoi - The generalization method is used in Chapter 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 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 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 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 Structure of the thesis In addition to the introduction, conclusion and list of references, the body of the thesis includes 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 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, 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 - 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 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 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 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 11 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 12 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 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 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, 13 the state or itself although they 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 and must 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 14 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 17 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, 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 18 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 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 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 24 4.2.6 Applying new technology in traffic organization and maintaining safety order in the field of road traffic Infrastructure facilities, equipment, especially funds for the building of legal documents on traffic order and safety have not met the practical requirements The process of research, development and submission to competent authorities for consideration and issuance of a legal document must undergo many complicated processes and stages, such as conducting research, practical surveys, and summarizing practical implementation among others CONCLUSION The whole thesis is a synthesis of the research results on the theoretical issues of law application in the field of road traffic safety in general as the basis for law application awareness in road traffic order and safety in Hanoi city in particular and the content of research issues from the vivid practice of law application activities in the field of road traffic order and safety in Hanoi city It can be emphasized that the achievements or limitations of law application activities in the area of road traffic safety and order in Hanoi today are mainly due to subjective reasons Objective causes will reduce their impact if subjective causes are overcome This is also the main basis toward determining the three principle, steering orientations to improve the effectiveness of law application operation in road traffic order and safety in Hanoi city It must be determined that this is one of the key and important tasks in managing the urban order of Hanoi Capital today, at the same time, it is needed to have the right attitude and guidelines, in line with socio-economic programs of the country as well as of Hanoi These solutions are of the scientific, feasible and relatively comprehensive considerations If applied, the effectiveness of law application operation in the area of road traffic order and safety in Hanoi will be improved, the current traffic safety status of the City will be improved, Hanoi will have the conditions to become a livable city, a favorite destination of Vietnamese people as well as international tourists and friends LIST OF PUBLISHED WORKS Dao Thanh Hai (2018), Some limitations in the construction and improvement of road traffic law, Industry and Trade Magazine, vol 1- January Dao Thanh Hai (2018), Experience some countries in the world in building legal culture in road traffic and implications for Vietnam, Industry and Trade Magazine, vol.10 – July ... safety, transport infrastructure, driver licensing and control systems, checking transportation means and managing transport, enforcement and education activities on traffic safety and medical... 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... 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,