KNOWLEDGE ABOUT LAW

Understanding law system and law regulations in any country in the world is one of the best difficult job. Good lawyers in Hanoi, Vietnam, Dragon Law firm will discuss with you about the knowledgement about law.

To talk about law knowledge, we have to divide it into three degrees: know – understand – and apply. Let’s me take an example to identify this three degrees.

Law on Road traffic 2008 stipulated about driving, turning and avoiding reversed cars as follows:

“Article 9. General rules

1. Road users shall keep to the right in their travel direction, move on the prescribed lane or road section and obey the road signal system.

2. The driver and persons sitting on the front seats of a car equipped with safety belts shall wear the safety belts.

…

Article 15. Change of direction

1. When wishing to change direction, the operator shall slow down and give a signal of the turning direction.

2. While changing direction, the driver or operator of a special-use vehicle shall allow pedestrians and bicycle riders moving on the road sections reserved for them to pass, give way to oncoming vehicles and shall change direction only when seeing that his)her vehicle does not obstruct or endanger people and other vehicles.

3. In residential areas, the driver may make U-turns only at intersections and places with a sign permitting U-turns.

4. It is prohibited to make U-turns at road sections reserved for pedestrians to cross, on bridges, at bridge heads, under flyovers, at undergrounds, in road tunnels, on expressways, at level crossings between a road and a railroad track, on narrow roads, steep roads or on bends with insufficient visibility.

Article 17. Passing of oncoming traffic

1. On a road which is not divided into two separate directions of traffic, when passing an oncoming vehicle, the operator shall slow down and move to the right along his)her direction of traffic.

2. Cases of giving way when passing an oncoming vehicle:

a) At a narrow road section which permits only one vehicle to move and where a lay-by is available, the vehicle which is closer to the lay-by shall pull in to the lay-by, allowing the other vehicle to pass;

b) The vehicle moving downhill shall allow the vehicle moving uphill to pass;

c) The vehicle facing an obstruction ahead shall allow the other vehicle to pass.

3. When passing each other, two motor vehicles moving in the opposite directions may not use the driving lamp.

Talking about the above regulations according to three degrees:

1.     Know. People who read and know about the above Articles to follow in real life. How the road users have to keep when travelling, returning and passing an oncoming vehicle. You are absolutely at this level.

2.     Understand. People who understanding law, know those rules being drafted to protect road users. General rule is that everyone shall keep to the right in their travel direction and other people have to give you the way. People who do not do that will be considered as violate the rule even if they have not hit other people yet.

        When you want to turn left or turn right, you have to slow down and give a signal of the turning direction. While changing direction, the driver or operator of a special-use vehicle shall allow pedestrians and bicycle riders moving on the road sections reserved for them to pass, give way to oncoming vehicles and shall change direction only when seeing that his/her vehicle does not obstruct or endanger people and other vehicles. This prioritizing rule is to assure everyone being safe when using the road.

       The vehicle moving downhill shall allow the vehicle moving uphill to pass because when moving downhill, you just let it run, means that you can easily control your vehicle. While the road users who moving uphill have to do opposite, first up, second down, difficultly control their vehicles and easily to fall down. Strong person need to give a way to the weak. This is human moral.

     People who understand law will explain why there has this rule; and can openly explain this by the way people treat each other; or international customs such as driving on the left side in England (because the horseman often riding horse on the left side to easily take off the sword); or on the right side in America (because they used to ride horse wagon in the past). Then, understanding person will become a good teacher.

3.           Apply. Law applying person uses law to settle a dispute. For example, Mr. A is riding a bike on the right in his travel direction on Thang Tam Revolution road, district 3, near Vo Van Tan crossroads, then he falls because Mr. B riding a motorbike, passing by and turning right. Mr. A is bleed and breaks his hand. This happened because Mr. B passed over to turn right after seeing the board with “turn right prohibition” content. Mr. A asks a friend to make Mr. B compensate.

      To apply the law, you have to look over the frame of event, read the law text and find out which regulations are suitable for Mr. A requirement. So you have to identify the suitable law field. You do not jump to Criminal Code (Article 108) when you saw the wound, you should look up for Law on road traffic instead, because this is the reason. You will see Mr. B violated Article 15.2. so, the violation is identified. Then, you have to find a way to make Mr. B compensate to Mr. A. you cannot write a doctor’s thesis here. A lawyer is different from a doctor. You will apply Article 15.2 on a specific occasion, means that Mr. A’s situation. Then you have to convince Mr. B to understand and willing to compensate to Mr. A.

Applying law is putting law in real life and you have to do it fluently, changing the position when thinking, turning written law into spoken language. To do that you have to think like a lawyer, means that you have to know how to set up legal questions. It is a lawyer’s tool, like a farmer’s hoe but invisible. 

For more detailed information, please contact: 

Dragon Law Firm - 1900. 599.979

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