The Urgent Need for Regulation of Emerging Tobacco Products in Vietnam

According to Baomoi, a Vietnamese media outlet, emerging tobacco products such as e-cigarettes and heated tobacco are gaining popularity among teenagers. These products, including approximately 15,500 different flavors, have been proven to be harmful to health. It is reported that due to a lack of clear regulations, all heated tobacco and e-cigarettes available on the market are smuggled goods, resulting in a significant illegal trade phenomenon, particularly among local youth communities.

A survey has revealed that among adolescents aged 13 to 15, 60% of minors reported having been given illegal e-cigarettes as gifts by others, 20% purchased them themselves, and 2% acquired them from friends. These products are targeted towards young individuals.

In addition to posing a threat to the health of minors, the rampant use of e-cigarettes has also placed heavy pressure on the healthcare sector in Vietnam. Moreover, the smuggling of these products has had a detrimental impact on the country's tax revenue.

In fact, 184 countries worldwide have implemented regulations, including the United States, United Kingdom, European Union, Japan, South Korea, Malaysia, Indonesia, and the Philippines. As early as 2012, Vietnam promulgated the "Prevention of Tobacco Harms Law," which clearly prohibits individuals under the age of 18 from smoking. However, this law does not provide specific regulations for emerging tobacco products or management. This means that Vietnam still lacks the ability to use legal measures to regulate emerging tobacco products and, consequently, cannot effectively prevent and control the harms of tobacco from a legislative standpoint.

According to experts, there are still differences in understanding among various departments in Vietnam regarding the management of novel tobacco products. Existing regulations mainly focus on reducing the harm caused by these products, but overlook the overall integrity of the regulatory framework.

Since 2017, the Prime Minister of Vietnam has issued two directives to relevant departments to immediately formulate regulatory policies for emerging tobacco products. However, the issue has remained unresolved at present. Some Vietnamese parliamentarians have expressed concern over the easy access of e-cigarettes to the youth population.

Le Dai Hai, Deputy Director of the Department of Civil and Economic Laws at Vietnam's Ministry of Justice, has stated that the urgent management of emerging tobacco products requires the acceleration of relevant legislation. He believes that if the inclusion of emerging tobacco in regulations is delayed, the lengthy process of following procedures would be necessary. As an alternative, he suggests that the government could establish operating conditions and import-export regulations for these products.