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Inconsistent laws could undermine efforts to prevent and combat tobacco harm.

National Assembly deputies warned that even small inconsistencies in the legal system are enough to undermine efforts to prevent and combat the harmful effects of tobacco, which are already very difficult to implement. The lack of uniformity in laws especially affects regulations on e-cigarettes and heated tobacco products, putting the health of young people at potential risk.

Báo Pháp Luật Việt NamBáo Pháp Luật Việt Nam06/12/2025

If legal loopholes are not covered in time, the young generation will have to pay the price for e-cigarettes.

In Vietnam, the National Assembly has issued Resolution 173 on a complete ban on the production, trading, import, storage, transportation and use of e-cigarettes and heated tobacco products nationwide, which officially took effect from the beginning of this year. This week, the National Assembly will consider and pass the Investment Law (amended). However, the draft does not include e-cigarettes (TLĐT) and heated tobacco products (TLNN) in the banned list. This legal loophole is warned to create momentum for addictive products to attack young people.

In recent days, there have been many opinions from many National Assembly deputies as well as opinions from international organizations suggesting that e-cigarettes and heated tobacco products should be added to the list of prohibited investment and business sectors in the draft amended Investment Law to protect public health and prevent drug crimes.

According to Ms. Nguyen Thi Viet Nga, Deputy Head of the National Assembly Delegation of Hai Phong City , if it is not completely banned, the legal system will lack consistency, the authorities will have difficulty handling the case, and society will have to pay the price with the health and future of an entire generation.

Ms. Nga explained two main problems. Firstly, the legal system has become “mismatched”, creating gaps that prevent the authorities from handling the problem thoroughly. It is impossible to allow production but prohibit use.

Second, this inconsistency will interfere with the propaganda message. Young people – the most vulnerable group – will ask: If TLĐT and TLNN are as toxic as warned, then why does the government still allow their production? “Just such a small contradiction is enough to ruin the efforts to prevent the harmful effects of tobacco that we are having a hard time implementing,” Ms. Nga stated.

The Deputy Head of the Hai Phong City National Assembly Delegation warned that allowing production could lead to the risk of smuggling back into the domestic market . “We have had too many lessons when banned exported goods somehow returned to the domestic market. With TLĐT and TLNN - which are being transformed into camouflage tools to bring banned substances into schools - this risk is even greater,” Ms. Nga emphasized.

During meetings with voters, Ms. Nguyen Thi Viet Nga also often received very urgent requests from teachers as well as parents. That is how to absolutely ban electronic cigarettes. Because electronic cigarettes, heated tobacco products mainly target young people and the age of users is getting younger and younger. So now even middle school students have used heated tobacco products, electronic cigarettes.

  “I think that school security is threatened if we do not completely ban e-cigarettes, which will pose a huge risk.   Besides, when TLĐT and TLNN are not included in the banned list, it is very difficult for the authorities to handle and can only handle it by goods of unknown origin. Therefore, it is necessary to improve the institutional aspect to make it more convenient for the authorities to carry out their duties", Ms. Nga continued to express her opinion.

Electronic cigarettes and heated tobacco products are being used as camouflage to smuggle banned substances into schools.
Electronic cigarettes and heated tobacco products are being used as camouflage to smuggle banned substances into schools.

Ms. Nga affirmed that the National Assembly has issued Resolution 173 which clearly states: prohibiting the production, trade, storage, circulation, and use of electronic cigarettes and heated tobacco products, also known as new-generation cigarettes. Therefore, we need to amend a series of related laws, including the Investment Law, to include electronic cigarettes and heated tobacco products in the list of goods that we prohibit from production, trade, and circulation. If we do not amend in time, it will lead to a lack of uniformity in the legal system, making it difficult to implement different solutions.

International experts recommend that Vietnam should include e-cigarette bans in all legal documents.

Following and following Vietnam's tobacco control efforts for many years, Dr. Ulysses Dorotheo, Executive Director of SEATCA, the Southeast Asia Tobacco Control Alliance, said that Vietnam, like other ASEAN countries, is facing the problem of increasing use of e-cigarettes and heated tobacco products, especially among young people.

Dr. Ulysses Dorotheo emphasized: “After the Vietnamese National Assembly issued a Resolution banning e-cigarettes and heated tobacco products, and following Resolution No. 72 of the Politburo on protecting, caring for and improving people's health, it can be seen that the Vietnamese Government has shown a strong and unified commitment to preventing these harmful products.

However, we are concerned that the current draft Investment Law (amended) only includes traditional tobacco in the list of conditional business lines, but does not yet stipulate a complete ban on e-cigarettes and heated tobacco products.

This omission poses a serious risk to public health, especially to the youth – the future generation of Vietnam. Therefore, it is necessary to include these products in the List of prohibited investment and business sectors to ensure the consistency of the legal system.  

In essence, this is not just a “ban” – but a commitment to sustainable development, demonstrating the view that health is the most valuable asset of the country, and people are at the center of all policies. This approach not only helps Vietnam to keep in line with global public health policy trends, but also affirms Vietnam’s role as a pioneering and responsible country in protecting public health – something that has been highly appreciated by WHO and the international community.”

Same view,   Dr. Angela Pratt, WHO Representative in Vietnam said:   A year ago, the National Assembly made a historic decision for public health, especially for the health of young people, when it decided to ban electronic cigarettes and electronic tobacco products. This decision was recognized by the international community.  

Although the implementation and enforcement of the ban is still in its early stages, many positive impacts have already emerged, such as   Fewer young people use these products; Hospitalizations due to these products have decreased; Promotion of products aimed at young people has decreased significantly. However, we still have a lot to do. To protect Vietnam's young generation, bans on the production, trading, import, storage, transportation and use of electronic and electronic tobacco products need to be included in all relevant legal documents.

Source: https://baophapluat.vn/luat-chua-dong-bo-co-the-pha-hong-no-luc-phong-chong-tac-hai-thuoc-la.html


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