The Lao Dong Newspaper reporter had an interview with lawyer Hoang Van Ha - Director of Hanoi ARC Law Firm to clarify these issues.
Self -published - Favorable for businesses or gaps for fake goods
- Lawyer, currently milk is classified as food and businesses are entitled to self -publication of product quality. But from the case of 573 fake milk that has been marketed for many years, the problem has been raised is whether this mechanism is becoming a "gap" for fake goods and poor quality goods to concede?
- Lawyer Hoang Van Ha: According to Clause 1, Article 4 - Decree 15/2018/ND -CP, products such as sterilized dairy, powdered milk (except for children under 36 months of age or special object groups) are subject to self -published quality.
This mechanism was born to reduce the burden of administrative procedures, shorten the time to bring the product to the market. However, the left side is if the lack of serious post -inspection, it can become a "gap" for fake goods and counterfeit goods to crept, causing damage to consumers.
What is the solution? Is to tighten the post -inspection, strictly handle fraudulent acts. In this way, the mechanism of self -publication will promote the right spirit of the reform that the law is aiming for.
- The case of Ranche Pharma, Hacofood produced a series of fake milk consumed for many years, causing public opinion. In your opinion, where is the responsibility of the management agencies?
- Can not stop at handling businesses.
In this case, it is necessary to look directly at the responsibilities of the competent authorities, which are specified in: Article 19 - Decree 15/2018/ND -CP: The competent authority must inspect the product to publish and compare it with the conditions of production and legal records; Article 15 - Circular 43/2018/TT -BYT: Requirements for periodic, irregular inspection, handling of violations and transferring records to the investigating agency if there are criminal signs.
Obviously, the prolonged violation shows a hole in supervision, inspection, as well as the lack of coordination between agencies such as Health, Industry and Trade and Market Management.
I think that it is necessary to reorganize the entire process, clearly the responsibility of each related unit.
The post -inspection mechanism is being abused?
- Decree 15 allows post -inspection instead of money for milk. But in fact, is this mechanism showing many inadequacies?
- Regarding the post -inspection mechanism for dairy products under Decree 15, I think this is a right step in administrative reform. However, in fact, this mechanism is showing many inadequacies and showing signs of abuse.
The current post -inspection is ineffective because the inspection force is still thin, the inspection frequency is too low and especially there is no database to warn full risk. This accidentally creates space for some businesses to legalize poor quality products.
To overcome this situation, I propose to increase the frequency of inspection according to the level of risk, technology application in analysis and warning, and publicize the consequences of post -inspection and sanctions to create a widespread deterrent effect.
The law stipulates clearly but the implementation is not tight, even loosened
- With special product groups such as milk for young children, patients ... should apply the money mechanism instead of self -publication?
- The current law has clearly stipulated the management of special product groups. Specifically, according to Clause 2, Article 4 of Decree 15/2018/ND -CP, products such as dairy for children under 36 months of age or medical nutritional food must register the announcement - that is, the application of the check -up mechanism, not to be published by themselves.
However, the problem lies in the implementation stage. Currently, the appraisal of records is mostly formal, while the post -inspection work - especially after the check -up - is not tight, even loosen.
In my opinion, there is no need to change the current product classification mechanism. Instead, it is necessary to focus on improving the implementation efficiency with three key solutions: Firstly, tightening and upgrading the application appraisal process; Strengthen practical testing, post -testing. In addition, it is necessary to pay special attention to high -risk products, directly affecting public health.
