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Fake milk case: Don't wrongly assign responsibility to the Ministry of Industry and Trade

The fake milk case is a warning bell, but blaming the Ministry of Industry and Trade or the Hanoi Department of Industry and Trade is a mistake of authority and dangerous to legal awareness.

Báo Công thươngBáo Công thương19/04/2025

The 500 billion VND fake milk case is a warning bell, but public opinion needs to be examined by law. Blaming the Ministry of Industry and Trade or the Hanoi Department of Industry and Trade for not checking for fake milk for 4 years is a mistake in authority and dangerous in perception.

Effort and timeliness

After the 500 billion VND fake milk case was busted and public opinion was extremely concerned, the Ministry of Industry and Trade, within its scope of responsibility, promptly spoke up to inform about management and management coordination.

In the urgent dispatch No. 2755 dated April 18, Minister of Industry and Trade Nguyen Hong Dien, in his role as Deputy Head of the National Steering Committee 389, requested the People's Committees of provinces and cities to closely follow market developments, promptly synthesize and report to the Ministry of Industry and Trade on the fluctuations in the market of essential goods serving production, business and people's lives, especially those that directly affect people's health.

Vụ sữa giả: Đừng quy sai trách nhiệm của Bộ Công Thương
The 500 billion VND fake milk case shocked public opinion (Illustration photo)

Directing competent authorities to urgently review and inspect the law compliance of drug and health food businesses in the area, recall detected counterfeit drugs and health food, and strictly handle violations in accordance with regulations.

However, some articles and social networking sites have mentioned incorrect information, causing public opinion to misunderstand such as asking questions such as: Where is the management role of the Industry and Trade sector or why has the Hanoi Department of Industry and Trade not inspected the two businesses related to fake milk in the case for 4 consecutive years? There are even websites that take this opportunity to distort and deny the management role and efforts of the Government and ministries.

Who manages milk: Need to understand Decree No. 15 of the Government correctly

According to Decree No. 15/2018/ND-CP of the Government on guidelines for the implementation of the Law on Food Safety, infant formula milk, milk for medical use, and food for special diets are all on the list of products managed by the Ministry of Health.

It is necessary to reiterate a part of Article 37 of the Decree which clearly states: The Ministry of Health is responsible for: Presiding over and coordinating with Ministries, ministerial-level agencies, and provincial People's Committees to organize the implementation of state management of food safety as assigned in this Decree. Issuing under its authority or submitting to competent authorities for promulgation legal documents, standards, and national technical regulations on food safety for groups of food products assigned to the Ministry of Health for management.

Provide professional guidance on food safety inspection; organize inspections, examinations, resolve complaints and denunciations, and handle violations of food safety laws according to regulations.

Guiding food labeling according to authority; declaring conformity, declaring compliance with food safety regulations; receiving product declarations, issuing Certificates of acceptance of product declaration registration, Certificates of establishments meeting food safety conditions and other administrative procedures within the assigned management scope.

Organize information systems, databases, statistics, reports and food safety risk management for product groups within the scope of management.

Take the lead in organizing propaganda, dissemination, legal education, and providing information on food safety for product groups within the assigned management scope.

Organize training and professional development on food safety for product groups within the scope of management.

National focal point for food safety in information exchange with international organizations.

Clear information, responsibility, please do not speculate

The regulations are so clear and right after the shocking fake milk case was announced, in response to the attention of the press and public opinion, Mr. Tran Huu Linh, Director of the Department of Domestic Market Management and Development, Ministry of Industry and Trade, answered the press, saying that the state management authority for dairy products is clearly defined according to each product group and specialized agency.

The Ministry of Industry and Trade is responsible for managing the group of regular processed milk products, excluding products supplemented with micronutrients, functional foods, or pharmaceuticals with special nutritional ingredients. These products are currently managed by the Ministry of Health.

According to current legal regulations, the Ministry of Industry and Trade can only conduct inspections of these enterprises when it detects signs of violations within the scope of assigned functions and tasks.

Responding to the press, Ms. Nguyen Kieu Oanh - Deputy Director of the Hanoi Department of Industry and Trade - emphasized that because it is not the unit with the right to manage the state for dairy products produced by Rance Pharma International Pharmaceutical Joint Stock Company and Hacofood Group Nutrition Joint Stock Company, the Department of Industry and Trade does not accept self-declaration dossiers for dairy products of these two companies.

At the same time, because these are enterprises under the specialized management authority of the health sector, according to current law, the Department of Industry and Trade is not allowed to conduct specialized inspections, periodic checks or post-inspections on the production and supply of food products of these two enterprises.

The Market Management Force can only conduct inspections of these enterprises when it detects signs of violations within the scope of assigned functions and tasks.

Civil servants can only do what the law permits.

In the Vietnamese administrative system, the principle that civil servants can only do what is permitted by law is recorded in the Law. Those who exceed their authority to inspect medical enterprises may be sued, disciplined or face serious administrative liability.

Therefore, media agencies and social network users need to clearly understand: Attributing responsibility to the wrong subject not only makes handling ineffective but also erodes trust in the system; fails to promote the role of the press in social criticism, helping to improve management efficiency.

Social criticism is good, but criticism must be based on legal knowledge. A modern administration needs civil servants who comply with the law and people who monitor the right subjects through the media.

Putting the blame on an agency that has no function is unfair to those who do their job properly and puts public pressure on the wrong address, leading to confusion in coordination and handling.

Let's do the right thing, say the right thing, and argue the right thing. That's how we protect a transparent, rule-of-law society instead of just shouting moral slogans or typing based on emotions.

Eagle

Source: https://congthuong.vn/vu-sua-gia-dung-gan-sai-trach-nhiem-cua-bo-cong-thuong-383870.html


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