New cigarette classification: Need to refer to the world's definitions
At the seminar, Mr. Le Thanh Hung - Head of the Department of Agricultural and Food Standards, Vietnam Institute of Quality Standards, Ministry of Science and Technology - said that "new tobacco" (TLM) is no longer a new concept in the world after more than 30 years of circulation. In Vietnam, TLM has long been present in many forms, the most common being electronic cigarettes (E-cigarettes) and heated tobacco products (HTTN).
According to Mr. Hung, referring to international viewpoints is very important in defining and controlling these products in Vietnam.
Mr. Hung informed that the International Standards Organization ISO has issued a number of standards on electronic cigarettes, affirming that electronic cigarettes are not electronic cigarettes or traditional cigarettes.
The World Health Organization (WHO) also affirms that electronic cigarettes are tobacco products and need to be managed like conventional tobacco products.
Other delegates also said that TLM is very diverse, with electronic payment networks in closed and open forms. The electronic cigarette is also the original electronic cigarette (only containing natural cigarettes), and the foreign electronic cigarette (a mixture of cigarettes and solutions). Therefore, according to Mr. Hung, "The current cross-use products between TLM types are very diverse, so to manage effectively, it is necessary to pay attention to clarifying and distinguishing between these product lines to avoid causing confusion and harming people's health".
Update the legal basis does not stop at the Law on PCTHTL
Delegates at the seminar emphasized that to implement Resolution 173, it is necessary to synchronize related legal bases. "If there are amendments, they should be done uniformly and synchronously. The PCTHTL Law is old, I think we must amend this law, then amend the Investment Law, the Foreign Trade Management Law, and amend all types of decrees..., Mr. Le Dai Hai - Deputy Director of the Department of Civil and Economic Law, Ministry of Justice, affirmed.
According to Mr. Hai's explanation, the National Assembly has issued a Resolution banning e-cigarettes and electronic cigarettes, but in the long term, it is certain to be studied to ensure that all products under the tobacco definition are treated equally. Because there is clearly inconsistency when all are products from tobacco materials, but one side is banned (TLNN), the other side is allowed to circulate (traditional cigarettes).
Supplementing the above issue, Ms. Nguyen Quynh Lien, Head of the Committee for Democracy, Supervision and Social Criticism, Vietnam Fatherland Front Committee, said: "We must start from the laws: What kind of product is used under the PCTHTL Law, within which framework; then to the Investment Law... If we only mention the general ban, put forward the general concept of electronic waste management, electronic waste management without discrimination, without very careful adjustment, right from the production stage... then there is also a problem with management".
Mr. Le Thanh Hung said that in the world, electronic wastewater is classified into a larger group of evaporation products, including electronic shisha. Therefore, if e-commerce is banned, should products such as electronic shisha be banned?
According to Mr. Le Dai Hai, amending the law is not difficult and if determined, it will be done very quickly... But the main difficulty is that in the near future, FDI enterprises that have invested large capital before having Resolution 173 will be allowed to export in the future.
According to Mr. Tran Thanh Trung, representative of the Department of Consumer and Food Industry, Department of Industry, Ministry of Industry and Trade, there are currently about 20 enterprises nationwide participating in TLM's electronic equipment supply chain, mainly foreign enterprises. Information from representatives of the Customs Department and the Ministry of Finance at the seminar "Preventing cigarette smuggling: Many challenges" in April 2025 also said that after Resolution 173, there are currently 7 enterprises in operation and 1 enterprise temporarily suspended with 214 million finished product components for export in stock, there is currently no way to handle this issue.
Currently, the Ministry of Industry and Trade has proposed to the Government to ensure the legitimate rights and interests of foreign investors and comply with the law.
On the other hand, when mentioning the TTNN, Mr. Hai also analyzed the current conflicts in law: "When there are two legal documents regulating the same issue, priority is given to applying documents with higher legal effect - here is the PCTHTL Law". From a personal perspective, he believes that according to the definition in this law, electronic cigarettes are cigarettes, because they are produced from tobacco materials, in the form of cigarettes and fully meet the criteria of the Law on PCTHTL.
Mr. Tran Thanh Trung - representative of the Department of Consumer and Food Industry, Department of Industry, Ministry of Industry and Trade - said: "amending the Law on PCTHTL is the task, function and authority of the Ministry of Health".
Accordingly, the Ministry of Health is coordinating with relevant ministries such as the Ministry of Industry and Trade and the Ministry of Justice to soon be able to issue a definition for new tobacco products, helping State management agencies.
Mr. Le Dai Hai: I affirm that cigarettes, whether traditional or new, are harmful to health and the environment. Not only harmful to people who smoke directly but also passive smokers, and this has been scientifically proven.
