The Ministry of Health has just proposed a fine of 1 to 2 million VND for the act of harboring or using e-cigarettes or heated tobacco products, with the fine doubled for repeat offenses.
Experts say that such a fine is appropriate. However, authorities need to enforce it vigorously to avoid the situation of "having a law but not having one", because in reality, punishing smokers is not easy.
Dr. Nguyen Huy Quang, former head of the Legal Department (Ministry of Health), said that after more than 10 years of implementing the Law on Prevention of Tobacco Harms, public awareness has had many positive changes.
Many people have understood the harmful effects of tobacco, thereby changing their smoking behavior. "However, administrative sanctions against people who smoke in public places, places that sell tobacco in violation... have not been enforced yet.
Besides, handling violations is still difficult. These violations often happen very quickly, and it is difficult to identify the subjects, so do not expect too much from punishment," Mr. Quang commented.
Dr. Nguyen Tuan Lam, WHO representative in Vietnam, said: “To effectively implement the ban on e-cigarettes, Vietnam needs to deal with the root cause first, which is illegal traders and marketers. In addition, it is necessary to control cases of smuggling through border gates and illegal production to limit the availability of products on the market.”
Violations need to be handled both on-site and online. It is necessary to review e-cigarette sales points via social networks by coordinating with authorities and online service providers.
Regarding sanctions, Mr. Lam suggested referring to some countries that have been successful in preventing e-cigarettes such as Singapore.
Must be determined to stop the problem at its root
The National Assembly issued Resolution No. 173, strictly prohibiting the production, trading, import, storage, transportation and use of e-cigarettes and heated tobacco products, from January 1, 2025.
In order for this Resolution to be put into practice and effective, Lawyer Nguyen Minh Ngoc (The Light Law Firm) said that the authorities need to coordinate closely, strengthen inspection, examination and handle violations more seriously and drastically.
It is important that in addition to handling violations, authorities need to step up propaganda work so that people, especially young people, are aware of the dangers of e-cigarettes and related banned substances. Only when the community clearly understands the dangers of this product, will consumption decrease, thereby limiting the trade and use of e-cigarettes.
The fact that e-cigarettes are still being sold openly not only shows the negligence in inspection and control by the authorities, but also shows a disregard for the law by both sellers and buyers. Despite many warnings, e-cigarette trading establishments still find ways to avoid control, causing many difficulties in preventing and handling violations.
"We have witnessed many cases of "kidnapping and abandoning the disk", when the authorities handle violations but are not drastic enough to prevent the problem from its root. To protect the health of the people, especially the young generation, it is necessary not only to be strict in handling violations but also to have effective preventive measures. This is the responsibility of the authorities, of the whole community, to ensure that the law is not just a document on paper but also a tool to enforce the rights and protect the health of the whole society.
The Government, the Ministry of Health, and relevant agencies need to enhance their responsibility and take more drastic actions, not only to protect public health but also to demonstrate their determination to enforce the law more seriously, transparently, and strongly in handling violations," emphasized Lawyer Nguyen Minh Ngoc.
