Proposal to review the lobbying phenomenon to legalize the business of electronic cigarettes and heated tobacco

On the afternoon of November 11, the National Assembly held a group meeting on the draft Law on Investment (amended). Speaking, many delegates said that it is necessary to add provisions prohibiting investment and trading in electronic cigarettes and heated tobacco products in this draft Law.

Is there a lobbying effort to legalize the sale of e-cigarettes and heated tobacco products?

Delegate Truong Trong Nghia (Ho Chi Minh City Delegation) expressed his opinion that e-cigarettes and heated tobacco products are harmful and the media has also spoken out. Along with that, the National Assembly has passed a Resolution on banning e-cigarettes and heated tobacco products.

National Assembly delegate Truong Trong Nghia proposed reviewing the lobbying phenomenon to legalize the business of electronic cigarettes and heated tobacco. Photo: Quang Phuc

Therefore, he believes that in the draft Investment Law (amended), business must be banned and cannot be "left open".

The delegate said that he had heard opinions that business could be allowed but only for export purposes. However, he found that the way the issue was posed was inappropriate.

"If we have determined that this product is harmful to health and society, then why allow its production for export? Should we export our "harm" to other countries? Whether other countries ban it or not is their business, but if it is harmful to us, we cannot legalize it just for the reason of "export"" - delegate Truong Trong Nghia raised the issue.

Another issue raised by the delegates is, if domestic business is allowed, is it certain that the product will not leak into the domestic market? This risk is completely real. Therefore, banning electronic cigarettes and heated tobacco products is not because we cannot manage them, but because these are harmful products, especially for young people and society in general.

From the above analysis, delegates suggested that it is necessary to review whether or not there are lobbying activities to legalize the business of electronic cigarettes and heated tobacco products.

The delegate added that the Ministry of Health and the Ministry of Industry and Trade both agreed on the ban, with the Ministry of Industry and Trade affirming that if the Ministry of Health proposed the ban, the Ministry would also agree. The National Assembly also passed a resolution clearly stating the ban policy. So why has that provision not been included in this draft Law?

Prohibited professions must be included in the Law.

Sharing the same view, delegate Le Van Kham - Doan ( Ho Chi Minh City) said that the National Assembly has issued Resolution No. 173/2024/QH15, agreeing on the policy of completely banning the production, trading, import, storage, transportation and use of electronic cigarettes and heated tobacco products.

Delegates said that if this prohibition is not included in the draft Investment Law (amended), when implemented, businesses will "look" at the Law, but the Law does not have any prohibition provisions.

Delegate Le Van Kham speaks. Photo: Quang Phuc

From there, the delegates requested the drafting agency to clarify this contradiction, and at the same time study and supplement specific regulations in the draft law to ensure proper implementation of the spirit of Resolution 173, avoiding legal overlap.

In addition, delegate Le Van Kham emphasized that in the Government's explanation, he cited the opinion of the ASEAN-US Business Council, stating that there are many types of heated tobacco products: Some are made entirely from tobacco (containing nicotine), some are made without nicotine or use other substances. They argued that if heated tobacco products are made entirely from tobacco, they should be managed like traditional cigarettes.

However, Mr. Le Van Kham affirmed that when the National Assembly had a policy to ban heated tobacco, it came from a consistent viewpoint of not encouraging tobacco use in general, especially among young people. Heated tobacco is a new product, and this is the time we can control it from the beginning. Therefore, not having clear and specific regulations in this Law may lead to not achieving the goal of controlling tobacco use, and at the same time cause conflicts in the legal system.

Sharing the same view, delegate Le Hoang Anh (Gia Lai Delegation) proposed to add to Article 6 - Regulations on Industries and Trades Prohibited from Investment and Business for investment and business in electronic cigarettes and heated tobacco products.

Delegates analyzed that the current Draft Law only includes traditional cigarettes in the list of conditional businesses, but leaves open, does not stipulate an absolute ban on investment and business in electronic cigarettes and heated tobacco products, which is a step backward in policy, potentially disastrous, beyond the normal medical framework, and has become a security and social order issue...

Source: https://laodong.vn/thoi-su/de-nghi-ra-soat-hien-tuong-lobby-de-hop-thuc-hoa-kinh-doanh-thuoc-la-dien-tu-nung-nong-1607430.ldo