Strict regulation of e-cigarettes: A challenge from business practice.

Stricter management of new-generation tobacco products requires not only penalties but also decisive action from authorities to protect public health.

From May 15, 2026, Government Decree No. 90/2026/ND-CP, which stipulates administrative penalties in the health sector, officially comes into effect, adding stricter sanctions for the use of e-cigarettes and heated tobacco products. This is considered a decisive step to protect public health, but the implementation of the regulations in service businesses still raises many issues that need attention.

Observations based on actual business practices.

Decree No. 90/2026/ND-CP, effective from mid-May 2026, has created a clearer and stronger legal framework for controlling new-generation tobacco products. Accordingly, the use of e-cigarettes and heated tobacco products can be subject to administrative fines ranging from 3 to 5 million VND. Notably, the decree also clearly defines the responsibility of business owners: the act of harboring others using these types of tobacco products at locations under their ownership or management will be subject to fines ranging from 5 to 10 million VND.

This regulation is expected to bring about positive changes in building a civilized public environment.

However, based on observations at service businesses in Hanoi , the implementation is still in the adaptation phase, with a mix of advantages and difficulties.

Many cafes and beverage shops in the capital city have proactively implemented preparations. Duy Tuan, the owner of a cafe in Hanoi, commented that the penalties for business owners are relatively strict, sufficient to deter and encourage units to improve their management responsibilities.

The open use of e-cigarettes and heated tobacco products still persists. Photo: Lan Nhi

Before the decree came into effect, Mr. Tuan's establishment proactively instructed its staff to closely observe and promptly remind customers who intended to use e-cigarettes. According to the owner, posting visual warning signs combined with subtle but firm reminders from staff is the most effective solution to raise customers' awareness of complying with the law.

"While respecting individual needs, to ensure a smoke-free environment and avoid impacting the community, our staff always proactively remind customers, creating a comfortable and civilized shared space," Mr. Tuan shared.

Sharing the same view on implementing regulations, Mr. Do Trung Duc, owner of Toor Coffee, believes that the cooperation of the people is the key factor. According to Mr. Duc, posting notices and giving direct reminders is not simply about complying with the law, but also a necessary step to change the habits of young customers. "Initially, there were certain difficulties in changing customer behavior, but we persevered in campaigning and explaining to users the harmful effects of e-cigarettes. This is a necessary path to building healthy consumption habits that uphold the law."

Many business owners also expressed confidence in the comprehensive solutions from the authorities. Besides strictly controlling the supply of smuggled goods, promoting awareness campaigns and educating the community will create favorable conditions for businesses to implement regulations effectively and sustainably, contributing to the realization of the goal of building a green, clean, and safe living environment.

Take decisive action to prevent the use of e-cigarettes.

Despite efforts to control the situation at physical retail locations, the online sale of e-cigarettes remains highly complex. Resolution No. 173/2024/QH15 of the National Assembly , regarding questioning activities at the 8th Session of the 15th National Assembly, strictly prohibits this practice, yet groups selling "pod systems" continue to operate openly on social media platforms such as Facebook, Zalo, and Instagram.

To circumvent censorship, businesses frequently use slang terms like "juicer" and "juice" and conduct transactions through private messaging apps. Goods are often shipped via ride-hailing services with cash-on-delivery (COD) payment options, making inspections by authorities quite difficult.

Buying and selling continues to take place on social media platforms in various forms. Photo: Lan Nhi

Following the Ministry of Industry and Trade's directive to strengthen control over new-generation tobacco products, market management forces nationwide have launched a nationwide crackdown, strictly penalizing organizations and individuals trading in products of unknown origin. Notably, according to the amended Investment Law effective from March 1, 2026, activities related to e-cigarettes and heated tobacco products, such as production, trading, import, transportation, and use, are strictly prohibited. The strong action taken by market management forces in addressing hotspots of illegal trading is a crucial step in protecting public health and maintaining market order.

Recently in Hanoi, Team 2 of the Market Management Department (Hanoi City Market Management Bureau) coordinated with the Cua Nam Ward Police to inspect and search the belongings of an individual at 84 Hai Ba Trung Street, Hoan Kiem District.

During an inspection, authorities discovered and seized 182 e-cigarette products without invoices or documents proving their legal origin, totaling over 25 million VND. All of these goods were identified as prohibited items. Authorities issued an administrative violation report for the illegal trading of prohibited goods and temporarily confiscated all the seized items for further processing. This demonstrates the effective coordination between law enforcement agencies, under the close direction of the Ministry of Industry and Trade, in cracking down on the sale of new-generation e-cigarettes in illegal outlets.

Market management officials in Hanoi inspect goods that violate regulations. Photo: LM

The addition of penalties under Decree No. 90/2026/ND-CP is a necessary and timely step in the context of the increasing trend of younger people using new-generation tobacco products. However, for these regulations to truly be implemented and effective, coordinated efforts are needed among management agencies, businesses, and the public.

Besides enforcing penalties, promoting awareness about the harmful effects of e-cigarettes and related legal regulations is crucial. Simultaneously, authorities need to strengthen post-inspection and strictly control illegal online sales to eliminate the supply chain.

Creating a smoke-free environment relies not only on penalties but also on a shift in individual awareness and the responsibility of each service business, aiming for sustainable public health protection.

Penalties are stipulated in Decree No. 90/2026/ND-CP:

- The act of using e-cigarettes or heated tobacco products: Fines ranging from 3 to 5 million VND.

- The act of harboring others using the premises under one's management or ownership: A fine of 5 to 10 million VND.

- Note: No penalties will be applied for harboring offenders if the offender is a close family member (grandparents, parents, children, grandchildren, siblings, spouse).

Source: https://congthuong.vn/quan-chat-thuoc-la-dien-tu-thach-thuc-tu-thuc-tien-kinh-doanh-457716.html