Are there legal loopholes in milk management?

Vice Chairman of the National Assembly, Senior Lieutenant General Tran Quang Phuong chaired the meeting. Photo: Quang Khanh

Vice Chairman of the National Assembly Nguyen Khac Dinh speaks. Photo: Quang Khanh

There is content that is "owed" for more than 10 years

Chairman of the Committee for People's Aspirations and Supervision Duong Thanh Binh said that the agencies of the National Assembly have proactively included the content of supervising legal documents in the annual and monthly work programs, thereby pointing out the achievements, shortcomings, and limitations of the work of promulgating legal documents in 2024 by the competent agencies.

The Chairman of the Committee for People's Aspirations and Supervision acknowledged that the Government, ministries and branches have made great efforts in implementing the recommendations of the National Assembly agencies at the 2023 supervision session; 52 additional detailed regulations that were "in arrears" from before have been issued. However, there are still 35 detailed regulations for the implementation of 14 laws and 2 ordinances that have not been issued, including contents that have been "in arrears" for more than 10 years and have been repeatedly recommended.

Chairman of the People's Aspirations and Supervision Committee Duong Thanh Binh speaks. Photo: Quang Khanh

The Chairman of the People's Aspirations and Supervision Committee also said that the promulgated legal documents basically ensure compliance with the provisions of the Constitution, laws, resolutions of the National Assembly, ordinances, and resolutions of the National Assembly Standing Committee. However, through supervision, the National Assembly agencies have pointed out 3 documents that do not ensure the consistency and synchronization of the legal system, 3 documents, 22 contents are not suitable, not specifically regulated, there are difficulties and problems in the implementation.

Regarding compliance with regulations on issuing authority, document form, order and procedures, there are still 3 documents issued without proper authority, 16 documents were issued but not published in the Official Gazette on time.

Objective, strict, comprehensive, public monitoring results

Speaking at the session, Vice Chairman of the National Assembly Nguyen Khac Dinh acknowledged that the work of supervising the promulgation of legal documents has been carried out for the third year, with results each year better than the previous year; the Ethnic Council and Committees regularly supervise the promulgation of legal documents.

In order for the Nationalities Council and the National Assembly Committees to be able to carry out this work regularly, according to the Vice Chairman of the National Assembly, the results of monitoring legal documents must be updated daily instead of periodically updating every six months or a year. The National Assembly agencies need to immediately update the monitoring results online every day based on the construction of a reporting framework, statistical items, etc.

Vice Chairman of the National Assembly Nguyen Khac Dinh also requested that the agencies of the National Assembly should thoroughly grasp and properly implement Resolution No. 560 of the National Assembly Standing Committee; promptly implement Notice No. 1948/TB-TTKQH concluding the Conference on implementing Resolution No. 560/NQ-UBTVQH15 guiding the organization of the implementation of the supervision of legal documents of the Ethnic Council and Committees of the National Assembly. Accordingly, the supervision of legal documents must be carried out regularly, closely, promptly, and not hinder the normal operation of the supervised agency. The results of the supervision must be objective, strict, and comprehensive, and must be updated in the supervision database and publicly announced according to regulations.

The Office of the National Assembly shall preside over and coordinate with relevant agencies to research and propose in the e-National Assembly Project the establishment of a database related to supervision activities in general, and supervision of legal documents in particular, ensuring the interconnection of data of the Ministry of Justice on the results of document inspection, data of the Central Committee of the Vietnam Fatherland Front and the Central Propaganda Department on voters' opinions and recommendations, and of press agencies related to the shortcomings and inadequacies of the document system that need to be promptly revised, supplemented, and improved...

Chairman of the Delegation Work Committee Nguyen Thanh Hai speaks. Photo: Quang Khanh

Emphasizing that “review, supervision, and opinion are the three functions of the National Assembly and National Assembly deputies”, Chairman of the Delegation Work Committee Nguyen Thanh Hai realized that although the work of supervising legal documents has been carried out for 3 years, with many recommendations being made, due to a lack of attention to propaganda work on the results of supervision, the impact on society and the shift have not been as expected.

The Summary Report on the Monitoring Results clearly stated that there are currently 35 detailed regulations for the implementation of 14 laws that have not been issued, including content that has been "in arrears" for more than 10 years and has been repeatedly recommended. To overcome this limitation, Chairman of the Delegation Work Committee Nguyen Thanh Hai suggested that reports on the monitoring results of legal documents should clearly stipulate the deadline for issuing detailed regulations or propose stronger solutions.

Along with that, the agencies of the National Assembly also need to pay attention to reviewing and naming overlapping and contradictory legal documents, especially to the existence of legal gaps in the management of fields and industries. Because, the fact that more than 600 types of fake milk are being sold openly on the market, which have just been discovered by the authorities, is raising questions about whether or not there are loopholes in legal documents and gaps in state management?

Emphasizing that “the above-mentioned types of milk in violation are mainly used for children, the elderly, cancer patients, and pregnant women”, the Chairman of the Delegation Work Committee suggested that the National Assembly agencies should review relevant legal documents and soon have an answer as to whether there are legal gaps in current legal documents or not? If a legal gap is discovered, the National Assembly agencies can issue a notice to voters and people nationwide, or the People's Aspirations and Supervision Committee can include it in the National Assembly's March 2025 report on people's aspiration work.

Concluding this content, Vice Chairman of the National Assembly Tran Quang Phuong highly appreciated and acknowledged the results of the supervision of legal documents of the Ethnic Council and the National Assembly Committees in 2024, with the spirit that each year will be better than the previous year, despite the transfer of the function of presiding over the monitoring and synthesis of this work from the Law Committee to the People's Aspirations and Supervision Committee. The Government, the Prime Minister, Ministers, Heads of ministerial-level agencies, and heads of sectors have also made efforts in developing and promulgating detailed legal documents.

Based on the results of the supervision of legal documents by the Nationalities Council and the National Assembly Committees, the Vice Chairman of the National Assembly suggested that the National Assembly agencies should continue to seriously implement Resolution No. 560 and Notice No. 1948/TB-TTKQH; review and study the necessity of amending Resolution No. 560 to report to the National Assembly Standing Committee. At the same time, implement the policy of innovating the thinking of law-making in the context that the number of contents assigned by the law to be regulated in detail will be very large; continue to innovate the way of doing things, improve the capacity, efficiency, effectiveness, and efficiency in the supervision of legal documents...

Thanh Hai

Source: https://daibieunhandan.vn/co-hay-khong-lo-hong-phap-ly-trong-quan-ly-sua-post410460.html