E-cigarettes target vulnerable youth
Delegate Nguyen Anh Tri (Hanoi Delegation) welcomed the drafting committee of the Investment Law (amended) for adding e-cigarettes and heated tobacco products to the list of prohibited investment and business activities in Article 6 of the draft Law.
The delegate stated that on November 30, 2024, the National Assembly passed Resolution No. 173/2024/QH15 on questioning activities at the eighth session of the 15th National Assembly, in which, regarding the health sector, it stipulates: "The National Assembly unanimously prohibits the production, trading, import, harboring, transporting, and use of electronic cigarettes, heated tobacco products, gases, and addictive substances that are harmful to human health from 2025, ensuring public health, social order and safety...".
The delegate said that this regulation has met the people's aspirations and has been highly appreciated by the international community. On November 18, 2025, the World Health Organization sent a letter to the Prime Minister, stating: "Vietnam's drastic action in banning these toxic products was commended by WHO Director-General, Dr. Tedros Adhanom Ghebreyesus, at the World Health Assembly in May 2025."
In that letter, WHO recommended: “WHO recommends that the National Assembly’s ban on e-cigarettes and heated tobacco products be reflected in the Investment Law (replacement) and not be accompanied by any exceptions.” According to the delegate, the ban that the drafting committee added is very consistent with WHO’s recommendation.
Commenting on Article 6 of the draft Law on prohibited investment and business sectors, Clause 1: Prohibition of investment and business activities, which added point l on trading in electronic cigarettes and heated tobacco products, delegates said that it is written well but not enough and not in accordance with the spirit of Resolution 173 of the National Assembly.
Therefore, the delegate proposed that the newly added clause 1 in Article 6 of the amended Investment Law should be fully written: "Prohibiting the production, trading, import, harboring, transporting, and use of electronic cigarettes, heated tobacco, gases, and addictive substances that are harmful to human health."
Article 15 on transitional handling states: “The Government shall prescribe transitional handling for investment projects in the production of electronic equipment for electronic cigarettes and heated tobacco products in Vietnam for export only, which have been permitted and approved for investment…”.
The delegate reiterated that Resolution 173 has a ban starting from January 1, 2025, but the Government has yet to regulate it. “Therefore, I propose that this Law be regulated, allowing a period of about 6 months and a maximum of 12 months to end,” delegate Nguyen Anh Tri said.
N2O gas for recreational purposes must be banned immediately.
Regarding this issue, delegate Nguyen Hoang Uyen (Tay Ninh Delegation) agreed that the latest draft Law has added electronic cigarettes and heated tobacco products to the list of prohibited goods and services.
Delegates analyzed that according to the report of the Ministry of Health, the rate of students aged 13-17 using e-cigarettes and heated tobacco products increased from 2.6% (in 2019) to 8.1% (in 2023). In particular, the group of 13-15 years old increased from 3.5% (in 2022) to 8% (in 2023), nearly doubling. According to reports from nearly 700 medical facilities nationwide, in 2023, Vietnam recorded 1,224 hospitalizations due to the use of e-cigarettes and heated tobacco products.
Delegate Uyen said that this situation shows that e-cigarettes and heated tobacco products are targeting vulnerable children, causing long-term impacts on the health and future of an entire generation. In addition, many new tobacco products pose a risk of causing social evils, using addictive substances and strong stimulants, seriously affecting security and social order.
Delegates from Tay Ninh delegation said that the complete ban on electronic cigarettes and heated tobacco products is consistent with Vietnam's international commitment to the WHO Framework Convention on Tobacco Control (FCTC), which took effect in Vietnam from March 17, 2005.
“The regulation of e-cigarettes and heated tobacco products in the list of prohibited goods for trading in the draft Investment Law (amended) is necessary, creating a clear and unified legal basis, helping to enforce the law more effectively,” said the delegate.
According to delegate Pham Trong Nhan (Ho Chi Minh City delegation), laughing gas N2O is a psychotropic substance that is harming health at a rapid rate and leaving serious consequences. The paradox is that although this is a product that has been warned by the health sector, raided by the police, and spoken out by the press, it is still outside the law.
According to delegate Nhan, there are no official national statistics on the rate of people using laughing gas. The lack of data is not because laughing gas is harmless, but because it operates completely outside the control of the State. Therefore, the current solution is to close this market by adding regulations in Article 6 of the draft Law, otherwise it will leave serious impacts on public health in the future.
On that basis, delegate Pham Trong Nhan proposed to add laughing gas, N2O gas for entertainment purposes and new psychotropic substances to Article 6 in the direction of absolute prohibition. In particular, the Government is assigned to develop criteria for identifying new psychotropic substances for timely updates. At the same time, review all industrial gases and food gases to prevent exploitation for commercial activities.
At the meeting, Minister of Finance Nguyen Van Thang gave a speech explaining and clarifying a number of issues raised by National Assembly deputies. Regarding the ban on investment and trading in electronic cigarettes and heated tobacco products, the Minister said that the draft Law has added this provision and does not stipulate any exceptions because there is not enough legal, political and practical basis to allow investment and trading in these goods.
For projects manufacturing electronic equipment for electronic cigarettes and heated tobacco products in Vietnam for export only and approved for investment before the issuance of Resolution 173 of the National Assembly, the draft Law stipulates a transitional mechanism. The Ministry of Finance will coordinate with the Ministry of Health to review and provide strict and comprehensive regulations, including special cases such as production to serve the Ministry of Health's requirements related to N2O and psychotropic substances.
Source: https://hanoimoi.vn/dai-bieu-quoc-hoi-de-nghi-cam-hoan-toan-thuoc-la-dien-tu-trong-luat-dau-tu-sua-doi-724873.html
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