Proposing to soon issue a policy to manage e-cigarettes, overcoming legal gaps
“Sharing the fire” in answering about the responsibility of managing e-cigarettes, at the question and answer session, Minister of Industry and Trade Nguyen Hong Dien said that the Ministry of Industry and Trade shares the concerns and worries of the delegates regarding the issue of e-cigarettes and heated tobacco products.
Tobacco trading is a conditional business, which is clearly regulated in the Law on Tobacco Harm Prevention, as well as in Decree 67/2013/ND-CP of the Government and related legal documents. However, new generation tobacco products including electronic cigarettes and heated tobacco products have not been defined in the Law on Tobacco Harm Prevention and related legal documents. "Therefore, in the recent past, there has been a legal gap in state management of this type of product," said the Minister.
Minister Nguyen Hong Dien informed: Since the end of the previous Government's term (2019-2020), due to the lack of tools to manage new-generation tobacco products, while new-generation tobacco products have been infiltrating and developing quite strongly in the domestic market, the Ministry of Industry and Trade at that time proposed to the Government and was allowed by the previous Government to develop a pilot project to manage this type of tobacco. However, while consulting with relevant ministries and branches, many ministries and branches agreed with the proposal of the Ministry of Industry and Trade and the direction of the Government, but there were also ministries and branches that objected, especially the Ministry of Health because they believed that this was a product harmful to health.
“Therefore, since the beginning of the term, the Ministry of Industry and Trade has agreed with this proposal of the Ministry of Health and agreed that this product is harmful to health and must be banned. At the same time, the Ministry has persistently proposed to soon issue a legal framework to ban this product. The Ministry of Industry and Trade, including the Minister himself, has never proposed to pilot this Project” - The Commander of the Industry and Trade sector once again affirmed and added that in fact, in the recent past, the Ministry of Industry and Trade has always refused to grant business licenses and registration notices for e-commerce websites trading in new generation cigarettes; at the same time, the Ministry has directed the market management force to strengthen inspections and has handled hundreds of cases regarding this type of product trading.
To overcome the above situation in the coming time, Minister Nguyen Hong Dien proposed:
Firstly, the National Assembly and the Government should soon issue strict and clear management policies for this type of product to overcome legal gaps; this could be by amending the Law on Tobacco Harm Prevention or issuing a new law as a basis for all levels and sectors to join in thoroughly handling the problem as recommended by the Delegates.
Second, while there is no law or amendment to the Law on Tobacco Harm Prevention, the Ministry of Industry and Trade will continue to direct the Market Management Force to proactively coordinate closely with central and local authorities to strengthen inspection, supervision, and strictly handle organizations and individuals trading, storing, and transporting e-cigarettes and heated tobacco products; closely coordinate with functional forces (especially Steering Committee 389, Customs, Border Guard, and Police) and local authorities to strictly implement the Prime Minister's direction in Official Dispatch No. 47 dated May 13, 2024 on strengthening the management of e-cigarettes and heated tobacco products.
"In addition, it should also be noted that violations against traditional cigarettes or new generation cigarettes are currently mainly due to smuggling, so the authorities also need to prevent them well right at the border gates to limit them," the Minister emphasized.
Third, continue to closely coordinate with the Ministry of Health, the Ministry of Education and Training, and the Ministry of Information and Communications to strengthen information, propaganda, and education on the harmful effects of e-cigarettes and heated tobacco products, especially for children and students; consider including in school curricula the harmful effects of tobacco, especially new-generation tobacco products, as well as prohibitions and sanctions for violations of the law.
At the same time, it is necessary to mobilize the participation and active involvement of socio-political organizations (such as the Ho Chi Minh Communist Youth Union, the Ho Chi Minh Young Pioneers) and families, schools, and communities in disseminating and educating about the harmful effects of tobacco in general and new generation tobacco in particular.
Finally, it is recommended to strengthen the management responsibility of local authorities in inspection, supervision and handling of violations according to the state management functions and tasks according to the management area.
Strengthening management of pharmaceutical and cosmetic products trading on e-commerce
Regarding the management of pharmaceutical and cosmetic industries on e-commerce, Minister Nguyen Hong Dien said that according to Clause 2, Article 10 of the 2016 Pharmacy Law (amended and supplemented in 2018) and the Chemical Law, the Ministry of Industry and Trade is assigned responsibility related to the chemical industry in the production of pharmaceutical ingredients and coordinates with ministries and branches in the management of e-commerce.
In carrying out its assigned tasks, in recent times, the Ministry of Industry and Trade has closely coordinated with the Ministry of Health and other ministries, branches and localities in managing pharmaceutical and cosmetic products and trading in the e-commerce environment.
Specifically: The Ministry has directed the Market Management Department to coordinate with forces to strengthen inspection and prevent the production, transportation, purchase and sale of counterfeit goods, poor quality goods and goods that violate intellectual property rights such as cosmetics, functional foods, medicinal herbs and traditional medicine. In addition, promptly monitor and prevent acts of taking advantage of the epidemic situation and scarcity of goods in the market to buy up, collect and unreasonably increase prices of goods; strengthen inspection of price listing and selling at listed prices. Along with that, focus on implementing the Plan to combat and prevent counterfeit goods, goods of unknown origin and goods that infringe intellectual property rights for the period 2021-2025 according to the Government's Project. Accordingly, many violations in the business of functional foods, cosmetics and other goods in the e-commerce environment have been promptly detected and strictly handled.
Early completion of institutions on trading goods on e-commerce
Regarding the management of business activities and illegal advertising of functional foods, pharmaceuticals and other goods and services on the e-commerce environment, Minister Nguyen Hong Dien affirmed that in the past, the Ministry of Industry and Trade has proactively and actively implemented solutions such as: Requiring e-commerce floor owners to be responsible for the activities of businesses operating on the floor; proactively detecting or receiving information from the Ministry of Health about violations, the Ministry of Industry and Trade has requested e-commerce floors to immediately remove violating information online. Along with that, the Ministry of Industry and Trade has directed the Market Management force to coordinate with functional forces to organize inspections, supervision and sanctions for goods violating the origin and quality of goods, including functional foods, cosmetics and pharmaceuticals.
According to the Minister, in the coming time, the Ministry of Industry and Trade will coordinate with ministries, branches and localities to continue to do a good job of propaganda, warning and guiding businesses in distinguishing counterfeit goods in prominent areas; propagating and popularizing legal education to raise people's awareness and limit violations.
Proactively grasp the situation, strengthen inspection and verification of invoices and documents, review and inspect the handling of gathering places and warehouses for smuggled goods, and fight against violations in the production and trading of medicinal herbs and goods of unknown origin in key areas across the country.
Organize inspection of transportation and circulation, coordinate with functional agencies, inspect post offices and express delivery service points, promptly detect violations in the business of functional foods, pharmaceuticals, and cosmetics that are fake, of unknown origin, and violate intellectual property.
Strengthen supervision and inspection to promptly detect and strictly handle violations of multi-level marketing and e-commerce activities using social networks to trade in pharmaceuticals, functional foods and traditional medicine that are not in accordance with regulations, of unknown origin, and have fake trademarks.
Promote the implementation of the Coordination Regulations between the Market Management force and relevant local authorities to effectively manage business in the e-commerce environment, regularly exchange information on smuggling and trading of medicinal herbs, and use a shared database to combat violations.
To further improve the management of these products on e-commerce, in the coming time, the Minister of Industry and Trade proposed that the National Assembly and the Government soon allow research and proposal to promulgate the Law on E-commerce to have a strong and synchronous management tool, because in the past, the management of e-commerce was mainly implemented according to the provisions of Decree 52 and Decree 85 of the Government - therefore, there is not enough legal basis or the legal basis is not strong, synchronous and feasible enough; at the same time, propose that the National Assembly soon pass the Law on Pharmacy at this Session and pass the Law on Chemicals at the beginning of the next Session or the nearest Session to have a basis for better management of pharmaceutical and cosmetic business activities on the market as well as on e-commerce.
Source: https://moit.gov.vn/tin-tuc/hoat-dong/hoat-dong-cua-lanh-dao-bo/bo-truong-nguyen-hong-dien-giai-trinh-lam-ro-ve-quan-ly-thuoc-la-dien-tu-nganh-duoc-va-my-pham.html
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