Many experts believe that, with the above situation, if we only use administrative measures, ban and destroy everything, it will be very difficult to implement.
New tobacco products are not yet allowed to be imported, and the authorities have stepped up anti-smuggling efforts, but the situation remains complicated, said Mr. Cao Trong Quy - Head of the Food and Consumer Industry Department (Department of Industry - Ministry of Industry and Trade) at the seminar "The current situation of new tobacco products and solutions to protect public health". The seminar was organized by the People's Representative Newspaper on October 19, 2023.
Scene of the discussion. Photo: Tran Hiep.
Electronic cigarettes and heated tobacco products still enter Vietnam through smuggling or hand-carried means and are easily bought and sold.
“Newly smuggled cigarettes not only prevent the State from collecting taxes, but also cause people to use products whose quality is not controlled, leading to health effects,” Mr. Cao Trong Quy emphasized.
New cigarettes are new technology products with diverse and eye-catching designs, attractive and appealing flavors, and are aimed at young people, especially teenagers. The results of the survey of 13-15 year olds showed that up to 60% of them answered that they had been given illegal electronic cigarettes by others, 20% bought them and 2% bought them from their friends. Illegal products are aimed at young people, with "This is a very alarming situation!", said Vice Chairman of the Committee for Culture and Education Ta Van Ha.
Currently, 184/195 countries have issued regulations governing heated tobacco products. 111 countries have issued regulations governing electronic cigarettes, including 28 countries in the EU, the US, the UK, Japan, South Korea, Malaysia, Indonesia, the Philippines, etc.
In the world, 184/195 countries have put new tobacco products under management, so Vietnam cannot stand aside, said Mr. Vu Cong Thao - Senior Expert of the Department of Science, Education, Culture and Social Affairs, Government Office.
The goal of the discussion organized by the People's Representative Newspaper is to make proposals to perfect the legal framework for new tobacco products with the ultimate goal of protecting public health.
New tobacco products (electronic cigarettes, heated tobacco) have not been specifically identified in the List of goods prohibited from export or import and are not included in the List of goods exported or imported under license, conditions or subject to temporary export or import suspension measures.
“We have only approached it in the direction of protecting consumers’ health, but have not paid enough attention to market issues. Banning this product is also not feasible in practice,” said Dr. Nguyen Duc Kien, former Deputy Chairman of the National Assembly’s Economic Committee and former Head of the Prime Minister’s Economic Advisory Group.
The Law on Tobacco Harm Prevention clearly stipulates the affected areas, scope, and subjects prohibited from exposure to all types of tobacco, as well as clearly explains the definition of tobacco products within the scope of the law.
The Ministry of Industry and Trade has twice submitted a new decree on tobacco management to the Government, but has yet to reach an agreement with the Ministry of Health. The Ministry of Industry and Trade is drafting a decree that is as close as possible to the Ministry of Health to ensure consistency with management practices and international practices.
Deputy Head of the People's Aspirations Committee, National Assembly Standing Committee, Mr. Luu Binh Nhuong said that because Vietnam still does not have specific regulations on new cigarettes, there are still gaps in legal regulations, so there are no tools or means for management.
New tobacco management is facing difficulties in perception due to lack of unity, incompleteness, and bias when focusing only on how to reduce the harm of new tobacco without paying attention to the overall nature of the system of regulations. There must be a competent authority to assess the impact and influence of tobacco on health, living environment, and social environment.
It is necessary to complete the legal corridor for this new product line. While waiting for the complete legal framework, there should be immediate measures to control the problem of young people being exposed to new cigarettes, such as age checks, strict regulations on retail channels, and strict handling of violations related to smuggling and illegal product circulation... Mr. Ta Van Ha expressed his opinion.
According to the opinion of Deputy Director of the Department of Civil and Economic Law, Ministry of Justice Le Dai Hai: The Law on Prevention and Control of Tobacco Harms also strictly prohibits children under 18 years old from smoking, regardless of whether it is traditional or new tobacco.
The reason why new cigarettes are flooding the market is because of the gap in regulations on business conditions for new cigarettes. If we wait too long to amend the law, we should soon assign the Government to regulate the business and import-export conditions for this product (ie immediately amend Decree No. 67/2013/ND-CP regulating the conditions for tobacco production and trading), Mr. Le Dai Hai stated his opinion.
Dr. Nguyen Duc Kien reiterated the Government's spirit on the issue of new cigarettes, which is to respect objective reality, but still have synchronous measures, both ensuring that users can use quality products and ensuring that the State budget is not lost. At the same time, it is necessary to ensure that prices are managed in the market so as not to create a super-profitable product and finally, to ensure the overarching factor of protecting the health of Vietnamese people, especially the younger generation.
Delegates attending the discussion "New tobacco situation and solutions to protect public health". Photo: Tran Hiep.
The Government has assigned the Ministry of Industry and Trade to take the lead in proposing a new tobacco management plan. This agency needs to urgently propose a plan to submit to the Government for consideration and promulgation, Dr. Nguyen Duc Kien said.
Tobacco is not just a commodity but a very broad field, because it involves many management ministries (Ministry of Industry and Trade, Ministry of Health, Ministry of Finance (General Department of Taxation)... If there are only administrative measures, prohibition and destruction, it will be very difficult to implement.
To manage new cigarettes and protect consumers' health, the measures taken must harmonize the interests of the State, the interests of the community - the young generation, and the interests of businesses.
With electronic cigarettes and heated tobacco products, if there are only administrative measures, bans and destruction measures, it will be very difficult to implement.
At the upcoming 6th Session, the National Assembly should have a line in the Session Resolution assigning the Government to urgently amend documents related to tobacco management, while the Law has not been amended. This will provide a basis for research agencies to implement, Mr. Kien suggested.
This is a new issue, so scientists need to evaluate the impact of new tobacco products on human health and the living environment, thereby providing a basis for appropriate response policies.
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