Vietnam Considers Proposal to Ban Sales of Heated Tobacco and E-cigarettes

According to a report from Baomoi on November 30, the Vietnamese Ministry of Health has stated that the Ministry of Industry and Trade may submit a proposal to the government to ban the sale of heated tobacco and e-cigarettes. However, the Ministry of Industry and Trade has expressed its intention to include new generation tobacco products as adjustments to the government's Decree No. 67/2013/NĐ-CP, in order to facilitate appropriate management in line with actual requirements. It is expected that this adjustment will be submitted to the Prime Minister in the fourth quarter of 2023.

According to a survey conducted by the Ministry of Health in Vietnam in 2020, the usage rate of e-cigarettes has increased by 18 times across 34 provinces and cities. The General Department of Market Management has reported that the number of smuggled e-cigarettes is approximately nine times higher than that of heated tobacco products.

In addition, the national market regulatory agencies have dealt with multiple cases of e-cigarette smuggling in the first half of 2023, vigorously investigating and handling a total of 728 cases, with 589 instances of illegal activities being addressed. The total amount of fines imposed for these administrative violations nearly reaches 3.1 billion Vietnamese Dong.

According to a survey conducted by Labor Daily in October 2022, 50% of respondents reported having knowledge of or prior exposure to heated tobacco products, while 97% were aware of or had experience with e-cigarettes.

Experts have suggested that whether it is the establishment of long-term management policies or limited-term pilot programs, both tobacco products and nicotine-containing e-cigarettes and heated tobacco must be regulated in accordance with the definition of tobacco products stipulated in the Tobacco Control Law of 2012. This simultaneous management is necessary to thoroughly address the current inadequacies in the regulation of e-cigarettes and heated tobacco, and both products do not fall under the list of prohibited commodities under the Investment Law.

Experts suggest that to find a solution to cover the entire market of the new generation tobacco industry, the most appropriate approach would be to simultaneously pilot or regulate heat-not-burn tobacco and closed system e-cigarettes under a unified legal framework, in order to address the current shortcomings comprehensively.

Additionally, it is necessary to enact quality standards for e-cigarettes and heated tobacco, as well as regulations on product laws, commercial production, import and export regulations, distribution regulations, tax policies, product labeling, advertising, and promotional regulations... This will establish legal channels for the management and supervision of these projects.