A legal framework is needed to regulate cigarettes and new-generation tobacco products.

According to the General Department of Market Management, it is urgent to develop clear management policies for cigarettes and new-generation tobacco products to ensure the effectiveness of state management.

The government needs specific regulations to determine the value of contraband, specifically smuggled cigarettes.

According to the General Department of Market Management ( Ministry of Industry and Trade ), from 2020 to the first quarter of 2024, the number of inspections and checks on smuggled cigarettes was 9,069; violations related to smuggled cigarettes totaled 7,215 cases with a total value of infringing goods exceeding 14 billion VND; and violations related to new generation cigarettes totaled 707 cases with a total value of infringing goods exceeding 92 billion VND.

Market management forces in Quang Binh province promptly discovered a vehicle transporting smuggled cigarettes.

According to the General Department of Market Management, although the law specifically defines smuggled cigarettes as prohibited goods, determining the value of these prohibited goods to set the fine range and the authority to impose penalties as stipulated in Article 60 of the Law on Handling Administrative Violations faces many difficulties and obstacles.

Specifically, prohibited goods lack listed prices, import declarations, and price notifications from local financial authorities, making it impossible to determine their value using market prices. Furthermore, the valuation council responsible for determining the value of confiscated prohibited goods also lacks a basis for valuation. "Therefore, the Government needs specific regulations to establish a basis for determining the value of smuggled cigarettes for consistent application," the General Department of Market Management proposed.

Urgent need to develop a management policy for new generation tobacco products.

Regarding new-generation tobacco products (e-cigarettes, heated tobacco products), there is currently no clear policy mechanism or specific legal regulation governing the social relationships related to these new-generation tobacco products.

The business of producing and trading new-generation tobacco products is not among the prohibited investment and business activities as stipulated in Article 6 of the 2020 Investment Law, nor are there any legal regulations prohibiting the production and trading of new-generation tobacco products. Therefore, for organizations and individuals engaging in the production and trading of new-generation tobacco products, the authorities have no basis to apply administrative or criminal penalties for the production and trading of prohibited goods.

According to the 2020 Investment Law, "Business in tobacco products, tobacco raw materials, machinery, and equipment in the tobacco industry" is included in the list of conditional investment and business sectors. However, at present, there is no basis to determine that e-cigarettes are tobacco products and fall within the scope of the 2012 Law on Prevention and Control of Tobacco Harm and related legal documents. Therefore, there are no specific legal regulations governing the production and business activities of new generation tobacco products.

New-generation tobacco products lack regulatory mechanisms.

The General Department of Market Management points out that, due to the lack of unified policies and legal regulations for managing new generation tobacco products, functional forces can currently only impose administrative penalties on organizations and individuals trading in new generation tobacco products for the act of trading smuggled goods or goods of unknown origin. This is the main reason why the effectiveness of preventing and deterring the trading of new generation tobacco products is not high.

In the coming period, the General Department of Market Management will continue to strengthen management, focusing on inspecting and strictly handling organizations and individuals trading, storing, and transporting smuggled e-cigarettes and heated tobacco products, in accordance with Prime Minister 's Directive No. 47/CĐ-TTg dated May 13, 2024, on strengthening the management of e-cigarettes and heated tobacco products. It will also continue to organize awareness campaigns about the harmful effects of using e-cigarettes and heated tobacco products, especially targeting young people, students, and university students.

According to the People's Army Newspaper

Source: https://baolaocai.vn/can-khung-phap-ly-quan-thuoc-la-dieu-thuoc-la-the-he-moi-post384470.html