According to the General Department of Market Management, it is urgent to develop a clear management policy for cigarettes and new generation cigarettes to ensure the effectiveness of state management.
The government needs to have specific regulations on the basis for determining the value of prohibited goods such as smuggled cigarettes.
According to the General Department of Market Management (Ministry of Industry and Trade), 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.
Quang Binh province market management force promptly detected vehicles transporting smuggled cigarettes.
According to the General Department of Market Management, although the law has specific regulations defining smuggled cigarettes as prohibited goods, determining the value of prohibited goods to determine the fine range and sanctioning authority as prescribed in Article 60 of the Law on Handling of Administrative Violations faces many difficulties and obstacles.
Specifically, the banned goods do not have a listed price, no import declaration, no price announcement from the local financial authority, and the market price cannot be applied to determine the value. At the same time, the valuation council to determine the value of the confiscated goods also has no basis for pricing the banned 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.
Urgently develop management policies for new generation tobacco products
Regarding new generation tobacco products (electronic cigarettes, heated tobacco products), there is currently no clear management policy mechanism and specific legal regulations regulating social relations related to new generation tobacco products.
The business of new generation tobacco products is not a prohibited business or investment 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. Therefore, for organizations and individuals who produce and trade new generation tobacco products, the authorities and functional forces have no basis to apply legal provisions to handle administrative or criminal cases against the production and trading 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 are subject to the provisions of the Law on Prevention and Control of Tobacco Harms 2012 and related legal documents. Therefore, there are no specific legal provisions regulating the production and trading of new generation tobacco products.
New generation cigarettes lack management mechanisms.
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 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.
In the coming time, the General Department of Market Management 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.
According to People's Army Newspaper
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