VietNamNet Bridge – The Ministry of Industry and Trade (MOIT) has released a controversial decision, requesting its officials to fly on budget airlines for business trips.

The ministry’s Notice No 30 on January 8, 2015, with signature of Deputy Minister Ho Thi Kim Thoa, says that all officials and units under its management must practice thrift by cutting unnecessary expenses and fly with the budget airline Vietjet Air when going on business.

The document, amended on January 23, says that the ministry’s officials have to fly with low-cost airlines (not only Vietjet Air).

Dan Tri quoted Le Hong Son, a senior official of the Ministry of Justice, as saying that the document with such request would violate the Competition Law, because it names the air carrier to provide services.

Son said some documents released in 2014 by provincial authorities were seen as violating the Competition Law. The local authorities, in the documents, asked units and officials to use locally made products, including beer and cement.

The Ministry of Justice rescinded the documents, according to Son.

However, lawyers have defended MOIT’s decision. Nguyen Ngoc Son, a lecturer from Ton Duc Thang University, pointed out that state agencies, or MOIT in this case, are not covered by the Competition Law.

Article No 2 of the Competition Law stipulates that the subjects covered by the law include 1) institutions and individuals that do business and 2) professional associations in Vietnam.

Lawyer Le Vinh from the Hanoi Bar Association denied that MOIT’s document violates Article No 6 of the Competition Law by stating VIetJet Air’s name.

There are four kinds of behaviors state management agencies must not do, including discriminatory treatment among businesses, and actions to intervene in businesses’ legal operations.

Vinh said that Notice No 130 released by MOIT must not be considered a legal document from a state management agency. It is a ministry request to its units and officers, and the request is not an obligatory duty for all civil servants in Vietnam.

Nguyen Van Hau from the HCM City Bar Association agrees that MOIT’s document does not violate the Competition Law, saying that the ministry has the right to choose service providers that can satisfy its requirements.

“The document just serves internal management, within MOIT’s units,” Hau said.

MOIT has been supported not only by lawyers, but also management experts. Nguyen Tien Duc, an expert in management and development, said MOIT’s efforts to practice thrift should be encouraged.

Thanh Lich