Need a comprehensive legal framework to manage new generation cigarettes

According to the General Department of Market Management, in the first 6 months of 2023, in Hanoi, there were 81 cases related to new generation tobacco products, with fines of over 1 billion VND and nearly 20,000 exhibits. In Ho Chi Minh City, the Market Management Teams inspected and handled 39 violations, with 5,403 units of smuggled electronic cigarette products and electronic cigarette accessories of unknown origin, with a value of over 974 million VND.

tp.hcm-drug-is-electronic.png — Stores selling electronic cigarettes without a business license will be fined.

Mr. Kieu Duong - Director of the Policy and Legal Department, General Department of Market Management, the difficulty in handling cases related to new generation cigarettes by the market management force is that the appraisal work is very difficult. This item is not on the list of prohibited items, but it has not been identified as a product in the conditional investment and business sector. Meanwhile, the profits from trading these items are extremely large, causing many subjects to disregard it.

Relying solely on the current tobacco management policy is not enough. We hope that the Government will soon specifically identify new generation tobacco and its management policy, as a basis for functional units to develop management regulations that are consistent with other regulations, ensuring effective management, Mr. Duong emphasized.

The current Law on Prevention of Tobacco Harms defines tobacco in an open way. That is, it includes traditional cigarettes made from tobacco plants. In addition, the concept of tobacco in the law also includes other alternative materials and processed in other forms. However, it is currently unclear whether the phrase “other alternative materials” includes new generation cigarettes or not.

According to Mr. Dau Anh Tuan, Deputy General Secretary and Head of the Legal Department, Vietnam Chamber of Commerce and Industry (VCCI), the Ministry of Industry and Trade is still in the process of amending Decree 67/2013/ND-CP detailing a number of articles and measures to implement the Law on Prevention and Control of Tobacco Harms on tobacco trading (Decree 67). There are currently many opinions on how to manage new-generation tobacco products, whether they should be included in Decree 67, and if so, what content should be included. In addition, the Ministry of Finance is also proposing to add new-generation tobacco products to the special taxable category, so which specific products are being proposed to be added to the taxable category is also a point of disagreement, which needs to be determined and agreed upon.

Market management forces destroy essential oil vaporizers (electronic cigarettes)

Regarding the comprehensive legal framework, it is necessary to have a synchronous and comprehensive framework covering regulations on quality standards, product standards, regulations on business, production, import and export and product distribution, tax policies, regulations on labeling, advertising, promotion, etc. for both electronic cigarettes and heated tobacco products - Mr. Tuan emphasized.

Considering that all types of cigarettes are harmful, Dr. Nguyen Hai Cong - Head of the Department of Tuberculosis and Lung Diseases (Military Hospital 175) acknowledged that the lack of legal framework has caused smuggled e-cigarettes to spread widely, causing the risk of not being controlled for quality, and no one taking responsibility for the information printed on the label such as chemical composition, chemical ratios that are not verified in reality. Therefore, when poisoning or drug shock occurs, the authorities cannot investigate responsibility and have difficulty in handling it. What is especially dangerous is that in order to lure young people, traders have mixed and mixed toxic substances and drugs into the product, and young people accidentally or intentionally use drugs under the guise of smoking e-cigarettes.

Recommending the need to further strengthen control over new types of tobacco, Associate Professor, Dr. Nguyen Huy Nga - Director of the Center for Research and Development of Health Environment said: In terms of policy, it is necessary to update the concepts of tobacco, electronic cigarettes, heated tobacco or products containing nicotine in legal documents on tobacco management. Promote policies on managing advertising, buying and selling of tobacco products, especially through online distribution channels. At the same time, build a legal corridor, strictly enforce regulations on penalties for minors using any type of tobacco. In terms of education, it is necessary to continue raising awareness among students about the harmful effects of nicotine on the body, brain, and negative health effects of using electronic cigarettes.

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