Proposal to completely ban the trading of electronic cigarettes and heated tobacco products
On the morning of November 27, the National Assembly discussed in the hall the draft Law on Investment (amended).
The issue that the delegates expressed concern about was the ban on the trading of electronic cigarettes and heated tobacco products.
Delegate Nguyen Hoang Uyen (Tay Ninh delegation) said that report No. 520 of the Ministry of Health dated April 26, 2024 showed that the rate of students aged 13-17 using e-cigarettes and heated tobacco products increased from 2.6% (in 2019) to 8.1% (in 2023). In particular, the 1315 age group increased from 3.5% (in 2022) to 8% (in 2023), which is nearly double.
This shows that new tobacco products are targeting vulnerable groups of young people, causing a long-term impact on the health and future of an entire generation.
"Many products still have the potential to cause social evils, use addictive substances, strong neurostimulation, and seriously affect social security and order" - delegate Nguyen Hoang Uyen said.
The delegate said that the complete ban on e-cigarettes and heated tobacco products is in line with Vietnam's international commitments, especially the WHO Framework Convention on Tobacco Control (effective in Vietnam from March 17, 2005).
Resolution 173 of the National Assembly agreed to ban the production, trading, import, transportation and use of these products from 2025. Decision 1665 of the Prime Minister assigns ministries, branches and localities to review to amend, supplement or issue new relevant documents.
"The inclusion of electronic cigarettes and heated tobacco products in the list of prohibited goods in the Investment Law ensures the strictness and synchronization of current laws" - the delegate analyzed.
In addition to legal issues, the female delegate expressed concern about the reality that e-cigarettes and heated tobacco products are easily disguised to mix addictive substances, especially in schools and public places, making control very difficult. Nicotine in these products is highly addictive and affects the brain development of children and adolescents.
These products are designed to be eye-catching, attractive in flavor, sophisticated advertising and spread the feeling of harmlessness on social networks. If not banned, they will become a tool to attract young people and increase the risk of starting to smoke traditional cigarettes. The ban will significantly reduce access, reduce the rate of use and strengthen a smoke-free social environment.
This is an important factor to ensure sustainability and long-term effectiveness in protecting public health.
At the end of the discussion and explanation session, Minister of Finance Nguyen Van Thang said that, in response to the opinions of National Assembly deputies, the draft Law has added a regulation prohibiting the trading of electronic cigarettes and heated tobacco products and did not include exclusion cases, because there is currently no legal basis, political basis and specific practice to regulate cases where investment and trading in the above items are allowed.
The draft also stipulates the transitional handling of investment projects in the production of electronic devices for e-cigarettes and heated tobacco products in Vietnam only for export and has been approved for investment before the National Assembly issued Resolution 173.
Regarding the scope of regulation, the drafting agency said that it has added N2O and spirit drinks; continue to coordinate with the Ministry of Health to review and adjust to ensure strict and appropriate regulations, not excluding necessary cases, such as production as required by the Ministry of Health.
Regarding transitional regulations, Minister Nguyen Van Thang explained that at the time the National Assembly issued Resolution 173, there were only a few factories in the country that were producing related products, although the Resolution stipulated a ban on production.
After that, the enterprise had many lawsuits and requested a handling plan, because this factory was operating legally and the products were produced for export.
In that context, the only solution is to regulate transition for factories that have been operating before the effective date of Resolution 173 , allowing them to continue production until the deadline for which they must completely stop.
Minister Nguyen Van Thang affirmed that he will not newly grant a license to any project. These cases are mainly factories belonging to foreign enterprises.
