Consolidating and streamlining the market surveillance units

	Food safety key to finding overseas markets
	Market Surveillance Agency officially becomes the General Department
	Supplement food market uncontrolled in VN, prices vary wildly

The market surveillance force is organized in a streamlined and regular manner. (Photo: Market Management Force inspects means of carrying smuggled goods from the Northern border area for domestic consumption in early 2018). Photo: Q.H

In a streamlined and regular manner

Recently, the Prime Minister signed Decision 34/2018 / QD-TTg regulating the functions, tasks, powers and organizational structure of the General Department of Market Surveillance under the Ministry of Industry and Trade, which will come to effect on 12th October 2018 (replacing the Prime Minister’s Decision No. 19/2009 / QD-TTg dated 6th February 2009, regulating the functions, tasks, powers and organizational structure of the Market Surveillance Department under the Ministry of Industry and Trade).

Accordingly, the General Department is also established towards regular, modern, streamlined and effective manner. Specifically, 305 teams and 25 departments at provincial level will be streamlined and restructured. It is aimed to consolidate 38 provincial level management agencies into 19 inter-provincial and municipal agencies. Market surveillance organization at the central level includes the General Department Office, 4 departments (Department of Personnel and Organization, Department of General Affairs - Planning - Finance, Department of Policy - Legislation, Department of Inspection) and Department of market management)

The newest point in this change and restructuring is that the market surveillance departments will be organized in vertical sectors. Specifically, different from the past, from now onwards, provincial and municipal market surveillance departments will be directly managed by the General Department. Market surveillance Teams at district level will be directly governed by the departments at provincial and municipal level. Provincial market surveillance departments and district-level market surveillance teams have their own legal status, seals and may open accounts at the State Treasury according to the provisions of law.

Regarding functions, the General Department shall advise and assist the Minister of Industry and Trade in managing and organizing the enforcement of the law on the prevention, combat and handling of acts of smuggling, manufacturing, trafficking of counterfeited goods, banned goods and unknown-origin goods, and infringements of intellectual property rights.

The number of violations increased more than 2 times

Looking at the results of the first half of 2018, the market surveillance force across the country inspected 79,284 cases; discovered and handled 52,147 cases of violations and collected VND 282.4 billion to the state budget, 3.1 times higher in number and revenue to the state budget than that of the first quarter of 2018. Compared with the same period in 2017, the number of violations detected by this force increased by 13% (46,135 cases); up 12% in revenue (251 billion). Localities with high violation rates were still major urban centres: Hanoi, Ho Chi Minh City and Northern border provinces (Quang Ninh, Lang Son, etc.)

The number of violations related to the production and trading of counterfeit and poor-quality goods has not decreased but tended to increase in the short and long term. Many commodity groups and sectors have been invaded by banned goods, counterfeit goods, poor-quality, which confuses consumers.

In fact, counterfeit goods and poor-quality goods are manufactured and traded in various types and models. In particular, the traders often target goods such as medicines, cosmetics, food, supplementary foods, medicinal herbs and traditional medicines, clothing, fashion, home appliances, electronics, electrical machinery, consumer goods, fertilizers, electric bicycles and electric motorcycles. Although the competent force regularly inspects and handles, because the goods have low-quality, cheap price and low processing cost, this situation has not been prevented thoroughly.

A latest report from the market surveillance force states difficulties about some goods requiring high technology for production or others difficult to be processed in the country and being often ordered to be manufactured and processed in foreign countries, then transported to Vietnam for consumption. On the contrary, some goods are simple, cheap and suitable for low-income people, which are manufactured locally and even in industrial parks and craft villages, to mix with authentic goods or to be consumed in remote areas. Moreover, some fake branded goods are publicly traded but it is difficult to handle them because the brand owners are not in Vietnam or the trademark owners can not be contacted. Online shopping is very popular but not controlled effectively, thereby counterfeit goods and poor-quality goods are consumed, and detrimental to consumers.

Notably, the food safety violations remain complicated, the trading of goods containing additives which are not allowed to be used still exist. Furthermore, the production, transport and trading of foods, unknown-origin food and failure to meet the food safety standards are still common, causing potential risks to consumer’s health.

One of the shortcomings that the market surveillance encountered during the market inspection and control is the equipment and tools which are inadequate, outdated and fail to meet modern requirements. In many localities, there are many canals and the trafficking is done mainly on waterways, but the market surveillance force there does not have canoes and lacks vehicles to ensure the timely inspection and control, especially in the northern mountainous provinces where many market surveillance teams have only 3-4 officers in charge of 1 district or even 2 – 3 districts, so the human resource is not enough to respond to complicated situations arising from trafficking and smuggling of banned and fake goods in the area.

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In addition, there is a lack of funds for the operation of the market surveillance forces. For example, funds for destroying fake goods and poor-quality goods, especially pesticides, hazardous chemicals, animals, plants and products from animals or plants made from live forms or processed, with high risk of disease, food safety and difficulties in storage and preservation. Many market surveillance branches and teams do not have specialized warehouses for preservation of material evidences and means pending the handling of violations. The capacity and professional qualifications of officers are not similar, thus affecting the advisory, inspection and handling of violations. There are still officers who lack responsibility and cover up and assist in illegal acts.