On November 27, during the plenary discussion at the 10th Session of the 15th National Assembly, chaired by National Assembly Chairman Tran Thanh Man and directed by National Assembly Vice Chairman Vu Hong Thanh, many delegates expressed their deep interest in the Draft Law on Investment (amended), especially the proposal to add electronic cigarettes, heated tobacco products and N2O gas (laughing gas) for entertainment purposes to the list of prohibited investment and business sectors. This is considered a strong step to protect public health and maintain social order and safety.
The National Assembly agreed to ban e-cigarettes, heated tobacco products and N2O gas to protect public health, in accordance with Resolution 173 and WHO recommendations. Photo: Quochoi.vn.
Absolute ban on N2O gas and new psychotropic substances
At the parliament, delegate Pham Trong Nhan (Ho Chi Minh City Delegation) frankly proposed that the National Assembly add laughing gas, N2O gas for entertainment purposes and new psychotropic substances to the list of prohibited business investment sectors. He described Article 6 of the draft law as “the first guardrail” to establish the “red lines” of the law.
Delegates warned that laughing gas is following the same “path of health destruction” as e-cigarettes, but at a faster rate and with more serious consequences. Despite medical warnings, police crackdowns, and press coverage, this product remains outside the scope of the law, creating a worrying legal paradox.
Delegate Pham Trong Nhan (Ho Chi Minh City Delegation). Photo: Quochoi.vn.
Mr. Nhan emphasized the current situation of the “5 no” market for laughing gas: no license, no quality standards, no toxicity testing, no traceability, no medical reports. A market completely beyond the control of the State.
From research data at Bach Mai Hospital, delegates said that N2O poisoning causes severe spinal cord damage with a damage rate of 60-100%, the rate of limb paralysis is up to 82.9%. The patient's Cystatin hormone concentration increased 5 times normal, a sign of acute destruction of the Myelin sheath. Many people only used it for a few weeks to a few months and were disabled, and 100% of the cases studied had sequelae, no one fully recovered.
N2O gas is harmful through two distinct toxicological mechanisms: it inactivates vitamin B12, causing the nervous system to lose its protective layer, leading to paralysis; and it also creates a feeling of euphoria like opioids, which is easily addictive and forces users to increase the dose rapidly.
“When the risk is high and the consequences are serious, we cannot wait for enough data, which means waiting for enough destruction,” Mr. Nhan emphasized, at the same time proposing an absolute ban in the law and assigning the Government to develop criteria for identifying new psychoactive substances.
Consensus on banning e-cigarettes and heated tobacco products
Along with N2O, many delegates expressed their agreement when the drafting committee added e-cigarettes and heated tobacco products to the list of prohibited investment and business. Delegate Nguyen Anh Tri (Hanoi Delegation) said that this regulation is consistent with the spirit of Resolution 173 of the National Assembly at the 8th Session, agreeing to ban the production, trading, import, storage, transportation and use of these products from 2025.
Delegate Nguyen Anh Tri (Hanoi Delegation). Photo: Quochoi.vn
The World Health Organization (WHO) also sent a letter to Prime Minister Pham Minh Chinh, recommending that the ban be reflected in the Investment Law “without any exceptions.”
Delegate Nguyen Anh Tri suggested that Article 6 be written more clearly, not only prohibiting the trading but also prohibiting the production, import, storage, transportation and use of e-cigarettes and heated tobacco products. He said that if only the trading is banned, production or transportation activities may still arise.
Regarding Article 152 regarding the transition, Mr. Tri is concerned about the regulation allowing the continued production of electronic cigarette and heated tobacco devices for export. He suggested clearly stating the end of the transition period in the law, within 6-12 months, because "everywhere is human, why ban it in Vietnam but allow export?"
Delegate Pham Van Hoa (Dong Thap) also said that if it is banned, it must be banned absolutely, not produced for export because the risk of the product returning to domestic consumption is very high.
Protecting the young generation and complying with international commitments
Delegates stressed that the ultimate goal of a complete ban is to protect children and adolescents, who are the group most heavily affected by new tobacco products.
Delegates stressed that the ultimate goal of a complete ban is to protect children and adolescents, who are the group most affected by new tobacco products. Photo: Quochoi.vn.
The figures given: The rate of 13-17 year old students using e-cigarettes and heated tobacco products increased from 2.6% (2019) to 8.4% (2023). For the 13-15 year old group, the number increased from 3.5% (2022) to 7.2% (2023). In 2023, nearly 700 medical facilities reported 1,224 hospitalizations related to these products. In fact, they are often disguised and mixed with addictive substances, especially in schools and public places, making control even more difficult.
The complete ban is considered consistent with the WHO Framework Convention on Tobacco Control (FCTC), which aims to reduce exposure and prevent initiation of all tobacco use.
Minister of Finance Nguyen Van Thang affirmed that this draft law absolutely prohibits electronic cigarettes and heated tobacco products and has no exceptions in business investment. However, the draft law must add transitional provisions for some foreign factories that were manufacturing electronic cigarette devices in Vietnam before the issuance of Resolution 173, to avoid legal risks from international lawsuits.
Minister of Finance Nguyen Van Thang explains and clarifies before the National Assembly. Photo: Quochoi.vn.
Regarding the scope of banned substances, the Minister said he had accepted the delegates' proposals, adding N2O and new psychotropic substances to the list; at the same time, he coordinated with the Ministry of Public Security and the Ministry of Health to review, update, and prevent any cases of taking advantage of exceptions.
Source: https://nongnghiepmoitruong.vn/quoc-hoi-thong-nhat-cam-thuoc-la-dien-tu-thuoc-la-nung-nong-va-khi-n2o-d786880.html
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