Which agency has the right to 'blow the whistle' on Ministers and Prime Ministers?

The Chairman of the National Assembly's Law Committee said that the law gives the Competition Management Agency great power, in the style of "using the small guy to deal with the big guy".

This morning (September 14), the National Assembly Standing Committee gave its opinions on the draft Law on Competition (amended). Many opinions raised the question of whether the National Competition Management Agency should be under the Ministry of Industry and Trade or under the Government?

"It's hard for a small man to handle a big man"

The draft law has expanded the scope and subjects of application, accordingly, in addition to business organizations, individuals and professional associations, "relevant domestic and foreign agencies, organizations and individuals", including state agencies and individuals with the authority to issue administrative decisions.

One of the reasons for expanding the scope of subjects, according to Deputy Minister of Industry and Trade Tran Quoc Khanh, is that in reality, there have been many cases where state management agencies in some localities have issued documents that have the effect of restricting competition. For example, requiring agencies, organizations and individuals in the province to only use products and services of designated enterprises; or discriminating, creating competitive advantages for some enterprises.

Chairman Nguyen Khac Dinh: "It is very difficult for a small man to deal with a big man." Photo: National Assembly

Opinions in the Standing Committee all agreed with this provision and assessed that this is a new point, consistent with the market mechanism and international integration. However, it is worth noting that the expansion of the subjects means that the National Competition Management Agency, when established, can handle Ministers, Prime Ministers, and even the Government if it issues wrong administrative decisions.

Expressing concern, Chairman of the Law Committee Nguyen Khac Dinh raised the question: “This law is designed to use small people to deal with big people. If this agency belongs to the Ministry of Industry and Trade, it is at most a General Department. Can it do it with such great power?”

With the current conditions of our country, this agency is in the Ministry of Industry and Trade, so the Law must design a mechanism for successive handling, such as when discovering someone issuing regulations restricting competition, this agency will help the Minister handle it, or help the Minister advise the Prime Minister and the Government to handle it.

“That way, things will get done. How can a small guy handle a big guy?” – The Chairman of the Law Committee expressed and said that only when regulations are followed will businesses and people believe.

Responding to the delegate's question, Minister of Industry and Trade Tran Tuan Anh said that according to the experience of other countries, regardless of whether the competition management agency is part of a branch of the State agency or is directly under a specialized Ministry of the Government, it must have a legal status and policy framework to ensure objectivity and fairness in the operation and implementation of the functions of the competition management agency.

Minister of Industry and Trade Tran Tuan Anh: Regulations ensure the competition management agency is relatively independent. Photo: National Assembly

“Through research, most of the competition management agencies of countries belong to the Government or government agencies, a few belong to the National Assembly and other agencies” – Mr. Tran Tuan Anh cited and said that this law also builds basic mechanisms and principles to ensure the relative independence of this agency.

“The spirit of this agency remains within the Ministry”

Questioning that the draft has not clarified who the "National Competition Management Agency" is but has many regulations on what this agency can do, Chairman of the National Assembly's Economic Committee Vu Hong Thanh expressed the view that it is necessary to ensure independence and "if possible, be directly under the Government or the National Assembly".

Speaking at the discussion session, Minister of Home Affairs Nguyen Duy Thang said that the Ministry has submitted written comments; in particular, the Government meeting on the topic of law-making in August sought opinions from Government members and affirmed that this agency would not be established under the Government. Politburo regulations currently stipulate the end of the regulation of organizational structure and staffing in legal documents not in the field of state organization. In other cases, the opinion of the Politburo must be sought.

Deputy Minister of Home Affairs Nguyen Duy Thang: To have an independent agency, we must report to the Politburo.

"According to the delegates' opinions, it is necessary to have an independent national competition management agency with sufficient capacity, duties and powers as required, so a separate project needs to be reported to the Politburo" - the Deputy Minister of Home Affairs emphasized, at the same time suggesting that if the law stipulates that this agency is directly under the Government, it will be a problem with the Law on Organization of the Government.

Commenting on the draft law, National Assembly Chairwoman Nguyen Thi Kim Ngan assessed that the law amendment is necessary and agreed to expand the scope to perfect the competition regime and increase transparency. However, regarding the organizational model, the Politburo's Resolution must be thoroughly understood.

"Personally, I think the rearrangement should avoid the direct government agency because it will lead to all kinds of problems" - Ms. Nguyen Thi Kim expressed her opinion and suggested further research on this issue.

At the end of the discussion session, Vice Chairman of the National Assembly Phung Quoc Hien concluded: “The establishment of a national management agency does not increase the number of focal points. This agency is relatively independent but its spirit is within the Ministry. This agency even “blows the whistle” on documents issued by the Ministry that are wrong. The important thing is the authority, small but in compliance with the law, no matter how big or big, if there is a mistake, it will of course be handled”./.

According to VOV