VietNamNet Bridge – Public feedbacks seem to have been listened to, experiences have been gained, and lessons have been learned after the first draft circular regulating conditions for food safety in beer production and trading was put forth some time ago. Now comes the second draft, but to the surprise of many, it is quite confusing and disturbing for the public, and it quickly backfires.

Illustrative image. – File photo

The Ministry of Industry and Trade in the latest draft provides in detail dos and don’ts for those wanting to engage in brewery business. Its guidance, if passed into legal requirements, is by no means actionable, says experts in local media.

There are so many conditions set forth in the draft for public opinions this time, but the most controversial one that steals the limelight is the rule requiring all beer shops to maintain temperatures at no more than 30 degrees Celsius. An official of the ministry explains that the temperature regulation is meant to protect the health of both consumers and employees in such shops, according to Tuoi Tre.

Most beer shops in Vietnam are not fitted with air-conditioners. With the hot and humid climate in Vietnam, few shops can satisfy the requirement in the draft circular, according to Nguoi Lao Dong. As such, “the temperature regulation is out of the reality,” an hotelier in HCMC is quoted as saying in the newspaper.

Nguyen Van Viet, chairman of the Vietnam Breweries Association, says the temperature regulation could not work in Vietnam.

“I think this regulation is weird, causing difficulty for both breweries and beer shops. How will the regulation be enforced, and who will set out to check temperatures at beer shops every day?” ponders Viet in Infonet. He explains that most locals have the habit of enjoying beer at street-side open-air venues, so the rule is out of touch.

Nguyen The Ky, owner of a barbecue restaurant in HCMC’s Go Vap District, says in Nguoi Lao Dong that his restaurant has a large open-air section serving those patrons who want to enjoy a spacious atmosphere outdoors. “Even if I want to abide by the rule, I cannot install air-conditioners outdoors,” he says, adding many diners dislike the air-conditioned environment.

But policymakers defend their stance.

Nguyen Phu Cuong, deputy head of the Science-Technology Department under the Ministry of Industry and Trade as one of the two agencies tasked with preparing the draft circular, reiterates in Tuoi Tre that the temperature rule is meant to protect consumers and workers.

Cuong says that the Labor Code already specifies working conditions and working environments to protect people’s health, and the draft circular only refers to such conditions. Those who want to engage in beer business must ensure minimum working conditions, he remarks in the paper.

In an interview with Mot The Gioi, Cuong says the regulated temperature of 30 degrees Celsius can easily be maintained in beer shops, as the indoor temperature is widely understood to be around 25 degrees only. Meanwhile, “higher temperatures of 37 to 40 degrees, for example, are very dangerous for people.”

But his remarks are easily seen as fallacies to protect unworkable policies.

Nguoi Lao Dong says that most of local laborers do not have money to frequent air-conditioned beer shops, but instead choose street-side venues where temperatures cannot be kept below 30 Celsius as regulated. Therefore, “whenever making a policy, authorities should think how to have it applied in real life. The reality is that millions of people still drink beer daily without the need to drop in an air-conditioned room, and without any complaints about temperatures. Beer is still being sold in billions of liters each year,” the newspaper comments.

A restaurant owner says in Nguoi Lao Dong that customers will decide what venues meet their demand and are good for them, “without the need for State agencies to care for them” in this case.

The Government’s portal chinhphu.vn asserts that State agencies in this case seem to have intervened too much into areas that should be regulated by market forces.  

The Ministry of Planning and Investment is seeking to simplify business conditions to make the investment environment more liberal to attract investors, as seen in the drafts of the Enterprise Law and the Investment Law, according to chinhphu.vn. Hinting that the draft circular shows a direction bucking the trend, chinhphu.vn cites the MPI’s standpoint in preventing State bodies from issuing out-of-touch requirements that impede people’s business rights. Conditions to be put forth must be legal, necessary, rational and concrete, according to the news website.

In a sarcastic tone, Nguoi Lao Dong says “perhaps it is better to make the policy at a real beer shop than to prepare it in an air-conditioned room” so that the regulation can be translated into reality. Otherwise it is just an air-con policy.    

SGT/VNN