"This is the main reason why the effectiveness of preventing and controlling the trading of new generation cigarettes is not high," the General Department of Market Management (Ministry of Industry and Trade) pointed out.
There is still a legal gap for electronic cigarette products.
Recently, during a discussion session in the hall about the implementation of socio-economic development tasks, National Assembly delegate Ta Van Ha (Quang Nam delegation) said that currently on the market there is a new type of product called new cigarettes, including electronic cigarettes and heated tobacco.
Delegate Ta Van Ha (Quang Nam delegation) spoke during the discussion session in the hall on May 29.
This product was introduced to Vietnam for a short time but has developed rapidly and widely. This product is recommended by the World Health Organization (WHO) and Vietnamese health agencies as harmful to the health of users.
This type of product is easily exploited by being soaked in drugs and addictive substances; more dangerously, it targets young people, teenagers, targets technological tastes, has very eye-catching images and designs, attracts children, even on the label it says milk and has very attractive, eye-catching images and has tens of thousands of different flavors and aromas that are attractive to children.
Vietnam still has a legal gap for this type of product. According to the Law on Prevention and Control of Tobacco Harms, e-cigarettes are not yet included in the definition of Vietnamese tobacco.
Although no organization or business has been allowed to import these products, it is not difficult to buy these products on the market. Even right in front of school gates, the products are openly advertised and bought and sold on social networks.
Currently, Vietnam still has a legal gap for this type of product. According to the Law on Prevention and Control of Tobacco Harms, electronic cigarettes are not included in the definition of Vietnamese cigarettes. Therefore, delegate Ta Van Ha suggested that the Government urgently conduct research on both science and practice to have appropriate legal responses to this type of product while there is no complete legal framework.
"I propose that there must be strict control and handling measures to prevent and deal with this type of product on the market," said a delegate from Quang Nam.
Urgently develop clear and consistent management policies for new generation cigarettes
The General Department of Market Management (Ministry of Industry and Trade) said that recently, the General Department has directed the development and approval of annual periodic inspection plans and specialized inspection plans related to smuggled cigarettes and new generation cigarettes.
Along with that, issue documents to direct and urge to strengthen inspection, control, and prevent acts of smuggling, trading, transporting, and illegally storing cigarettes, cigars, electronic cigarettes, and heated tobacco.
At the same time, advise on the development and implementation of a plan to monitor the implementation of specialized laws on inspection and handling of administrative violations in the alcohol and tobacco business of the Ministry of Industry and Trade; issue professional and technical guidance documents on inspection and handling of administrative violations related to new generation tobacco products.
The General Department of Market Management stated that the law has specific provisions defining smuggled cigarettes as prohibited goods. However, determining the value of prohibited goods to determine the fine range and the authority to impose penalties as prescribed in Article 60 of the Law on Handling of Administrative Violations is facing many difficulties and obstacles.
From 2020 to the first quarter of 2024, there were 9,069 cases of inspection and examination of smuggled cigarettes; 7,215 cases of violations related to smuggled cigarettes with a total value of violated goods of more than 14 billion VND; 707 cases of violations related to new generation cigarettes with a total value of violated goods of more than 92 billion VND.
(According to the General Department of Market Management, Ministry of Industry and Trade)
Specifically, the prohibited goods do not have a listed price, no import declaration, no price announcement from the local financial authority, and the market price cannot be used to determine the value. At the same time, the valuation council to determine the value of the confiscated goods also has no basis for valuing the prohibited goods.
"Therefore, the Government needs to have specific regulations on the basis for determining the value of banned goods such as smuggled cigarettes for uniform application," the General Department of Market Management proposed.
Trading in new-generation tobacco products is not a prohibited investment and business sector as prescribed in Article 6 of the 2020 Investment Law. At the same time, there are no legal provisions prohibiting the production and trading of new-generation tobacco products.
Market management agencies handle violations of illegal trading of new generation cigarettes.
Therefore, for organizations and individuals who produce and trade new generation cigarettes, authorities and functional forces have no basis to apply legal provisions to handle administrative or criminal cases against the production and trade of prohibited goods.
According to the provisions of the Investment Law 2020, "trading in tobacco products, tobacco ingredients, machinery and equipment in the tobacco industry" is included in the List of conditional investment and business sectors.
However, at present, there is no basis to determine that e-cigarettes are tobacco products and fall under the scope of regulation of the Law on Prevention and Control of Tobacco Harms 2012 and related legal documents. Therefore, there are no specific legal regulations regulating the production and trading of new generation tobacco products.
The General Department of Market Management pointed out that due to the lack of policies and legal regulations on unified management of new generation tobacco products, currently, the authorities can only impose administrative sanctions on organizations and individuals trading in new generation tobacco products for trading in smuggled goods and/or trading in goods of unknown origin. This is the main reason why the effectiveness of preventing and combating new generation tobacco trading is not high.
“We need to urgently develop a clear and consistent management policy for new generation tobacco products to ensure the effectiveness of state management,” the General Department of Market Management stated.
In the coming time, this agency will continue to strengthen management, focus on inspecting and strictly handling organizations and individuals trading, storing and transporting smuggled e-cigarettes and heated tobacco products in Official Dispatch No. 47/CD-TTg dated May 13, 2024 of the Prime Minister to strengthen the management of e-cigarettes and heated tobacco products and continue to organize propaganda about the harmful effects of e-cigarettes and heated tobacco products when used, especially for young people, students and pupils.
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