Minister fears losing lawsuit if e-cigarette manufacturer files lawsuit

(Dan Tri) - When the National Assembly issued Resolution 173 banning the production, trading, and use of electronic cigarettes, there were already a few factories producing them in Vietnam. If the law does not have a transitional solution, they will sue.

This was shared by Finance Minister Nguyen Van Thang when explaining at the end of the discussion session on the revised Investment Law project on the morning of November 27.

Regarding the regulation prohibiting the trading of electronic cigarettes and heated tobacco products, the Minister 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.

“The draft does not stipulate any exceptions, because there is no specific legal, political and practical basis to stipulate cases where investment in this type of goods is allowed. At the same time, the law stipulates transitional handling for investment projects in the production of electronic equipment for electronic cigarettes,” Mr. Thang informed.

Minister of Finance Nguyen Van Thang (Photo: Hong Phong).

The Minister said he will take into account the opinions of National Assembly deputies to add narcotic drugs and psychotropic substances to the draft law, and coordinate with the Ministry of Public Security and the Ministry of Health to make strict adjustments to prevent and eliminate cases, for example, related to production at the request of the Ministry of Health.

Regarding the regulations on transitional handling of investment projects in the production of electronic devices for cigarettes that were licensed before Resolution 173 of the National Assembly, delegate Nguyen Anh Tri (Hanoi) proposed that the maximum transition period be 12 months and should not be extended.

Explaining this regulation, Finance Minister Nguyen Van Thang said that when the National Assembly issued Resolution 173, there were already a few factories producing in Vietnam.

“Resolution 173 has strict regulations. Business associations have requested that if there is no transitional solution, they will sue. We will lose the lawsuit because the decision was made when their machines were in production and they were exporting. Therefore, it is mandatory to have transitional provisions for previously operating factories until their term expires,” Mr. Thang said.

However, he affirmed that "no new projects are allowed absolutely".

Regarding comments on conditional business investment sectors, the representative of the drafting agency said that the Ministry of Finance has coordinated with ministries and branches to review, streamline, and reduce the number of conditional business investment sectors to the maximum. Initially, the Government planned to cut about 25 sectors, but after a drastic review, it is expected to cut at least 50 sectors.

The Minister emphasized that this is a great effort and the Prime Minister also assigned the Ministry of Finance to continue coordinating with ministries and branches to review and make further cuts.

After the law takes effect, the Government will assign ministries and branches to amend business conditions, switch to post-inspection, and control by standards and regulations to ensure the implementation of freedom of business.

Discussion session on the revised Investment Law project on the morning of November 27 (Photo: Hong Phong).

Regarding decentralization and delegation of authority in approving investment policies, the Minister said that the previous law had delegated the Prime Minister's authority to the provincial People's Committee for 8 project groups, including large-scale resettlement projects, airport and seaport projects. This draft law does not have any new provisions.

In addition, the 2024 Land Law and the Forestry Law have decentralized the authority to decide on the conversion of rice and forest land use purposes from the National Assembly and the Prime Minister to the Provincial People's Councils. The draft revised Planning Law also plans to continue to decentralize the authority to approve planning from the National Assembly and the Prime Minister.

Therefore, according to the Minister, the draft amended Investment Law stipulates the decentralization of the National Assembly's authority to approve investment policies to the Prime Minister in order to reform procedures and ensure consistency with related laws.

Source: https://dantri.com.vn/thoi-su/bo-truong-lo-thua-kien-neu-nha-san-xuat-thuoc-la-dien-tu-dam-don-20251127112537403.htm