Vietnam Ministry of Justice suggests redefining e-cigarette and heated tobacco

Key points:

• The Vietnamese Ministry of Justice has recommended redefining e-cigarettes and heated tobacco products to clarify the differences between the two, in order to prevent ambiguity in regulations and enforcement challenges.
• The Department of Justice opposes sending penalty notices to illegally occupied residential units and emphasizes that compliance with e-cigarette and heated tobacco regulations should be the individual's responsibility.
• Companies facing difficulties in complying with regulations are advised by the Ministry of Justice to fully evaluate policies and seek input from businesses before implementing penalty measures.

According to a report by Tienphong on March 26th, The Ministry of Justice has just released Review Report No. 68 (68/BCTĐ-BTP) on the Draft Decree amending and supplementing several articles of Decree No. 117/2020/ND-CP dated September 28, 2020, the Ministry of Justice has suggested redefining the concepts related to e-cigarettes and heated tobacco products in the draft during the review process.

The Ministry of Justice pointed out that in order to ensure the unity of the legal system and the comprehensiveness of national management, especially in the regulation of activities such as investment, production, and operation, the definitions of e-cigarettes and heated tobacco should be clearly stated in relevant regulations.

E-cigarettes and heated tobacco products are two distinct concepts that have significant differences in their construction, operation, ingredients, harm, and target users. Combining the two into one concept could potentially create challenges in developing preventive measures or selecting appropriate penalties. Furthermore, the definitions of e-cigarettes and heated tobacco products in the draft legislation may be too broad, potentially including non-smoking devices in the scope of punishments, leading to practical enforcement difficulties for law enforcement agencies.

The Department of Justice has voiced objections to the proposal in the draft regarding sending penalty notices to illegally settled units, stating that this could lead to unnecessary social impact and punishment, such as affecting individuals' work or study environments. At the same time, compliance with e-cigarette and heated tobacco regulations should be a personal responsibility and should not become a burden for work or study units, as this falls under the individual's realm.

Furthermore, companies engaged in investment, production, and export of components for e-cigarettes and heated tobacco products are facing numerous challenges in complying with relevant regulations. Especially with the passing of Resolution 173 by Congress on November 30, 2024, which explicitly bans the use of e-cigarettes and heated tobacco products, these companies are now confronting even greater hurdles.

The Department of Justice suggests that before implementing penalties for e-cigarettes and heated tobacco products, relevant regulatory policies should be thoroughly evaluated and public and industry opinions should be sought to ensure the government makes decisions with a comprehensive understanding. This is particularly crucial when e-cigarette and heated tobacco device manufacturers are facing challenges.