Lack of accountability – A major loophole in food safety management
Over the past month, the Ministry of Public Security has continuously cracked down on many serious cases of large-scale trading and production of fake milk and fake functional foods. Hundreds of tons of violating products and thousands of counterfeit brands have been seized. These products are mainly consumed through e-commerce platforms, labeled as "high-end imports" but are actually produced from floating materials, targeting the most vulnerable groups such as the elderly and children. According to Lieutenant General Nguyen Ngoc Lam, Deputy Minister of Public Security, there is one common point in these violations:
"The system of legal documents on food safety is still lacking in consistency, has not clearly defined the responsibilities of management agencies, and has not met the goal of strict control according to the Law on Food Safety. In particular, some provisions in Decree 15/2018 guiding the implementation of the law still have loopholes, creating conditions for subjects to take advantage of to produce and trade counterfeit goods, using sophisticated tricks to deceive consumers and evade inspection by authorities. State management of granting certificates of conformity, testing and post-inspection to control the quality of counterfeit goods still has many shortcomings, even laxity, collusion with violators. This leads to the situation of counterfeit goods circulating on the market for a long time without going through any direct inspection process, only being discovered when the investigation agency gets involved."
Ministry of Health takes action: Immediately amend regulations, close control process
Investigation practices not only show the sophistication of violations, but also expose 'gaps' in the management system - stemming from the lack of clear division of responsibilities between functional agencies. Faced with this situation, the Ministry of Health – as the leading agency in food safety management – has clearly demonstrated its determination to act. Deputy Minister of Health, Mr. Do Xuan Tuyen affirmed:
"The Ministry of Health will coordinate with ministries and branches to continue to complete and amend the Food Safety Law. Before May 20, the Ministry will submit a draft amendment to Decree 15/2018 in the direction of fully accepting the recommendations of the Ministry of Public Security. There are 8 contents that need to be amended and supplemented to ensure tighter control at both pre-inspection and post-inspection stages."
Not just amending the law – Need to eliminate overlapping areas and responsibilities
In the context of counterfeit goods increasingly penetrating the e-commerce environment, simply amending a decree is not enough. The challenge now is not only to control products, but also to eliminate the gray area of responsibility – that is, the legal gaps and overlaps in the division of tasks between agencies. From the perspective of market management and monitoring the circulation chain, Deputy Minister of Industry and Trade Nguyen Sinh Nhat Tan emphasized:
"Ministries, sectors and functional forces need to strengthen coordination, share information, and promptly build an effective coordination mechanism in management, supervision, traceability and handling of violations on e-commerce platforms. When amending the law, it is necessary to integrate regulations on handling activities related to the specialization of each ministry, and at the same time clearly define the responsibilities between the Law on Food Safety and the Law on Product and Goods Quality. Currently, there is still an overlap in responsibilities between the parties. Therefore, it is necessary to clearly define specific responsibilities or establish a focal point with primary responsibility to ensure effective management."
The "6 clear" principles and action orders from the Prime Minister
At the meeting on May 14, the Prime Minister emphasized the urgent need to review the functions and tasks of agencies, not allowing any legal gaps to be exploited. Above all, we must act with high determination, strictly implementing the "6 clear" principle: clear people, clear work, clear time, clear responsibility, clear authority, clear products. Only when the system of responsibilities is established synchronously, the coordination mechanism operates smoothly, will sanctions be effective enough - creating a solid control barrier, eliminating the gray area of responsibility and gradually pushing back the problem of counterfeit goods.
Source: https://baolangson.vn/xoa-bo-vung-xam-trach-nhiem-tung-buoc-day-lui-van-nan-hang-gia-5047167.html
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