During its week-long session, which began on April 12, the National Assembly (NA) Standing Committee discussed five draft laws concerning people with disabilities; use of energy; food safety; enforcement of criminal judgments; and commercial arbitration, which are expected to be passed at the NA’s upcoming seventh session to start next month.
At this session, the Committee also commented on three revised draft laws on trade unions; public employees; and inspection, and another one on protection of consumers.
Discussing the draft Law on Food Safety, the Standing Committee agreed to label “genetically modified” on relevant products.
There were two different viewpoints on the management of genetically modified products, according to NA’s Law Committee Chairman Nguyen Van Thuan.
Member states of the European Union have strict regulations on genetically modified products which must be labeled if they contain 0.9 per cent or more of modified ingredients. Some countries like Japan, Russia and South Korea label products with 1-5 per cent of ingredients of such kind, Thuan said.
However, countries like the US, Argentina, Canada, Malaysia and the Philippines do not label these products but treat them like others, he said.
He suggested that the Government regulate the labeling and classification of products and percentage of ingredients, explaining that Vietnam is still a beginner when it comes to apply genetic technology to production and that the country is experimenting with genetically modified food production and imports most of those kinds of products.
NA’s Social Affairs Committee Chairwoman Truong Thi Mai also voiced her concerns over the unspecified regulations on genetically modified products in the draft law, saying that the labeling of these products must be based on scientific results and regulations on their safety levels.
Others asked the Government to work out proper regulations on such labeling. They said the long-term effect of each category of those kinds of products on human health is yet to be proved, adding that as long as there are no laboratories with advanced technologies, it is unfeasible to label these products based on scientific results.
Discussing whether to control food products of small-scale producers, Health Minister Nguyen Quoc Trieu said around 9.4 million families are farmers producing and trading food on a small scale and there are thousands of businesses in this field. He suggested the draft law stipulate that all food producers and traders must ensure food safety and strictly abide by regulations of competent agencies.
The Government should also encourage them to renew technologies and expand production scale, especially to develop and improve the safe food supply system, the minister said.
Lawmakers agreed that the Ministry of Health would take responsibility before the Government for state administration of food safety. Other ministries, such as the Ministry of Agriculture and Rural Development and the Ministry of Industry and Trade, would be assigned to manage some specific kinds of food.
According to a government report presented at the meeting, current regulations lack provisions for addressing consumer complaints and cooperation among relevant authorities is insufficient and unregulated.
The Standing Committee members said the new Law on Consumer Protection was indispensable and would create a proper legal framework for healthy business development, while ensuring the rights and benefits of consumers.
NA’s Science, Technology and Environment Committee (STEC) Chairman Dang Vu Minh said that businesses should be forced to meet stringent quality standards and be punished for failure to do so.
To ensure the consistency of the legal system, it is necessary to refer to the civil, civil procedure, product and goods quality, trade and competition laws as well as treaties to which Vietnam is a contracting party.
The STEC’s standing committee proposed that the draft law define the responsibilities of producers towards consumers in notifying product, goods and service quality standards, advertising goods and services, settling complaints and paying compensation for consumers.
The draft law should add responsibilities of businesses for having their goods imitated, said NA’s Ethnic Council Chairman Ksor Phuoc, proposing that businesses publicize and cooperate in investigation to clarify acts of making counterfeit goods in order to protect their prestige and brands. At the same time, consumers should also have the right to denounce, he said.
Dao Trong Thi, Chairman of the Committee for Culture, Education, Youth and Children, said the draft law should also dwell on goods and services subject to conditional business, public services and services eligible for state incentives.
State agencies should not only encourage producers and traders to guarantee benefits of consumers but also directly take part in inspecting the quality of education and healthcare services, Thi said.
A people’s procuracy should be tasked to gather evidence of violations so that violators could be sanctioned, said NA’s Justice Committee Chairwoman Le Thi Thu Ba, pointing to the necessity to establish organizations mobilizing social resources to protect consumer rights and interests.
Discussing the draft Law on Economical and Efficient Use of Energy, deputies gave their opinions on how to make the best use of energy.
The Standing Committee, in putting the final touches on the draft, was making sure that the law’s introduction would help stabilize energy supply and boost the economical and efficient use of energy in production and daily life.
Two chapters and 14 articles have been added to the draft, which has been amended to be more practical and rational, according to Dang Vu Minh.
The participants voiced their concerns about the feasibility of the draft law as the drafting committee has put impractical amendments in six fields that require more details and further discussion.
“The draft should focus on some specific fields with detailed regulations, especially those on sanctions,” said Nguyen Van Thuan.
Arguing the standard for energy efficiency, the participants asked the Ministry of Science and Technology to regulate, introduce and control the maximum energy consumption for all means of transport and energy-propelled equipment every five years.
Deputy Minister of Industry and Trade Do Huu Hao proposed that for the time being, the Government introduce standards for the eight groups of vehicles and equipment that consume the most energy.
NA Vice Chairman Uong Chu Luu called on the agreement on the principles for energy use as a basis and fundamental orientation for drafting the law and relevant documents.
“Such principles should be in line with the request for energy efficiency and preservation in production, that would help assure national energy security and sustainable development,” Luu said.
It was difficult to draft the bill which requires additional regulations to encourage people to observe the law while the scope of regulation was too broad, NA Vice Chairman Nguyen Duc Kien said, adding that laws of such kind need a lot of sub-law documents.
At the last working session, the participants discussed the relative merits of firing squads or lethal injections in applying capital punishment.
The use of firing squads has put undue pressure on law enforcement officers required to carry out sentences, said Le Thi Thu Ba in a report calling for more humanitarian methods of enforcing death penalties.
Lethal injection would cause less pain and psychological damage, fewer costs and be easier to carry out for executioners, she said.
Some other participants supported Ba’s opinions but they acknowledged that at least a year would be needed for law enforcement officers to work out procedures for lethal injection, before submitting them to the Government for approval. So firing squads would have to continue in the meantime, they said.
Lawmakers also touched on matters related to releasing the body of an executed criminal to surviving family members, delayed enforcement of sentences, and labor and labor products of prisoners.
NA Vice Chairman Luu said the law would be revised when everything was ready for the practice of lethal injection.
Contributing to the draft Law on Commercial Arbitration, lawmakers pointed to the necessity of proper qualifications of arbitrators.
According to a Standing Committee report, qualifications were of great significance as awards made by arbitrators were vital to the rights and benefits of the involved parties. Qualified arbitrators would enhance the confidence of clients in arbitrators and arbitration centers.
Settlement of trade disputes through arbitration remains new in Vietnam. Detailed requirements for arbitrators highlighted in the draft law are to ensure that Vietnamese arbitration companies employ suitable staff, the report said.
One of the requirements is that an arbitrator must possess a university or higher degree and have at least five years of relevant experience. Only in special cases, can experts with high professional qualifications and practical experience be selected without such requirements, according to the draft law. Meanwhile, lawmakers suggested that arbitrators have a law degree or at least four years’ experience in the judicial sector.
The draft law also stipulates that judges, procurators, inspectors or officials of People’s Courts, People’s Procuracies, investigative and executive bodies may not act as arbitrators.
The Standing Committee members agreed not to develop too many operational mechanisms for arbitration and suggested reviewing some provisions concerning dispute settlement, forms of arbitration, and the authority of and procedures at courts.-