Vietnam Ministry of Industry and Trade Proposes Vape Ban

According to Vietnamese media Danviet on May 7th, Deputy Minister of Industry and Trade of Vietnam, Phan Thị Thắng, submitted a report to the Social Affairs Committee of the National Assembly on the management of e-cigarettes and heated tobacco products, which have recently attracted social attention.

On May 4th, Member of Parliament Trần Thị Vân raised questions during a hearing of the National Assembly's Committee on Social Affairs and Culture and Education. She questioned the discrepancy between the Ministry of Health's recommendation to ban e-cigarettes and the Ministry of Industry and Trade's proposal to pilot their regulation. As a result, she requested that the Ministry of Industry and Trade clarify their reasoning and justification.

On May 6, the department submitted a written report to the National People's Congress Social Committee, stating that there are legal gaps in the management of new products, and that the situation of illegal smuggling and use of such products is complex and constantly changing, with enforcement still not strict enough. The document notes that without specific provisions, law enforcement officials can only impose administrative penalties, with individuals facing a maximum fine of 50 million Vietnamese dong (approximately $1,969.28 USD) and organizations facing a maximum fine of 100 million Vietnamese dong (approximately $3,938.56 USD). Additionally, there are currently no stricter penalties in place for smuggling activities related to cigarettes. Furthermore, individuals engaged in buying, selling, storing, or transporting smuggled cigarettes in quantities below 1,500 packs may be subject to criminal penalties as prescribed.

The Ministry of Commerce has ordered the Market Supervision Bureau to strengthen inspections to prevent the illegal sale, transportation, and storage of e-cigarettes and heated tobacco products. Additionally, since 2020, the Market Supervision Department has inspected over 8,000 cases and cracked down on hundreds of thousands of packs of smuggled tobacco. Among them, over 10,000 cases of e-cigarettes and heated tobacco products were handled, resulting in the confiscation of over 18 billion Vietnamese dong ($70,894). All the inspected e-cigarettes were smuggled goods without invoices or receipts.

The department has stated that it has submitted two reports to the government regarding the formulation of regulations for e-cigarettes and heated tobacco products. The department plans to include new generation tobacco products under the regulatory scope of the Alternative Tobacco Industry Act No.67/2013 to establish appropriate forms of management. The department also suggested improving policies and laws related to e-cigarettes, and has tasked the Ministry of Health with researching and proposing appropriate management policies based on an evaluation of the impact of these new products on consumer health.

Ngô Khải Hoàn, Deputy Minister of Industry and Trade, stated that the current Tobacco Harm Prevention and Control Law does not specifically mention or define new generation tobacco products such as e-cigarettes and heated tobacco sticks.

The Ministry of Commerce is very cautious in proposing policies on how to manage these new products, only suggesting that the Prime Minister allow pilot production, import, and circulation of heated tobacco products. According to the regulations of the Law on the Prevention and Control of the Harmful Effects of Tobacco, the Ministry of Commerce is tasked with formulating a pilot mechanism for the management of heated tobacco products based on the unified opinions of various ministries.

The department also stated that for e-cigarettes, it has recommended to the Prime Minister to appoint the Ministry of Industry and Trade and the Ministry of Health to jointly establish a working group to study, propose policies for pilot management of e-cigarettes, for the Prime Minister to review and decide.

During the period before the policy is officially released, the Ministry of Industry and Trade has recommended not allowing e-cigarette products to be circulated in Vietnam.