In the context of the draft Law on Investment (amended) being submitted to the National Assembly for consideration and not listing these two products in the list of prohibited business investment, the representative of the World Health Organization (WHO) recommended that Vietnam include e-cigarette and heated tobacco trading in the list of prohibited industries of the amended Law on Investment, not accepting exceptions to ensure consistency in the legal system.
According to the United Nations health agency, the fact that the draft Law on Investment (amended) being submitted to the National Assembly for consideration and not listing these two products in the list of prohibited business investment will create direct legal conflicts, neutralizing the regulation prohibiting the "production, trading, and import" of e-cigarettes and heated tobacco products in Resolution 173 that the National Assembly has just issued (effective from January 1, 2025).
Dr. Angela Pratt - WHO Representative in Vietnam - said that in order for the National Assembly's ban to be effectively implemented, the amended Investment Law needs to immediately add these products to the ban list and without any exceptions. She assessed that the decision to comprehensively ban shows Vietnam's pioneering role, which is key in protecting public health and the future of the young generation.
E-cigarettes and heated tobacco products are new generation products, operating by heating solutions containing nicotine or soluble flavors in propylene glycol or glycerine. At least 60 chemical compounds are found in e-cigarette solutions and many other toxic substances appearing in the gas/smoke generated by this product, increasing the risk of cancer, stroke and other diseases in young people.
In reality, initial control measures have been effective. WHO cited data from the Poison Control Center (Bach Mai Hospital) showing that the number of emergency cases related to new generation cigarettes has decreased by nearly 70% in the past 10 months compared to the same period before the ban. Advertising activities of these products through celebrities have also almost ended.
To maintain this efficiency, WHO and the Ministry of Health are in agreement to reject the option of allowing production for export. Allowing "export but banning domestic consumption" has many potential risks such as weakening the theoretical basis on health protection, creating opportunities for smuggling to return to the domestic market and causing a great burden on law enforcement.
National Assembly delegate Nguyen Anh Tri, former Director of the National Institute of Hematology and Blood Transfusion, warned "if Resolution 173 has completely banned and the Investment Law leaves it open, policies will retreat. The lack of synchronization of the law creates loopholes for toxic products to creep in, causing difficulties for state management and threatening security and order".
Mr. Tri cited that there are currently 42 countries in the world that ban e-cigarettes and 24 countries that ban heated tobacco products. In the ASEAN region, five countries including Cambodia, Laos, Singapore, Thailand and Vietnam have passed the ban. No country in the region accepts the model of "ban domestic, allow production for export" because this is an inhumane policy, creating gray areas for cross-border crimes.
