New generation cigarettes: Eligible for immediate management under current law

The seminar is expected to have the participation of representatives of the Anti-Smuggling Investigation Department, General Department of Customs (Ministry of Finance); representatives of the Department of Industry, Ministry of Industry and Trade; representatives of the General Department of Market Management, Ministry of Industry and Trade; representatives of the Department of Civil and Economic Law, Ministry of Justice ; representatives of the Vietnam Association for Consumer Protection (Vicopro); representatives of the Ho Chi Minh City Customs Department... In addition, the seminar will also have the participation of a number of National Assembly deputies and experts.

Contribute to perfecting the legal framework

The seminar is a place for managers and experts to present their views, recommendations and propose solutions to effectively manage new generation tobacco products (NTPs). At the same time, it contributes to perfecting the legal framework to end the situation of allowing the black market to flourish, causing difficulties in controlling smuggling as well as causing damage to the state budget and the health of users.

Along with that, the discussion is also a place to contribute voices in the need to speed up the progress of amending and supplementing Decree 67/2013 to facilitate the legalization of TLTHM, aiming to find solutions to reduce the harm of cigarettes. In particular, there needs to be a suitable legal framework for this product to have specific and appropriate penalties for related violations of the law.

It is necessary to clarify the definition of heated tobacco, electronic cigarettes and related contents, standards and regulations on circulation in the market, and regulations on management of production, investment, purchase and sale, raw materials; advertising of products and goods...

For nearly 10 years, TLTHM products including electronic cigarettes and heated tobacco products have appeared and become familiar in Vietnam, although up to now TLTHM products have not been allowed to be imported and circulated in our country. Currently, these products are being sold widely on social networks and in stores, in the form of smuggling.

Many surveys show that the number of people who know or use e-cigarettes and heated tobacco products is very high. Photo: MINH HOANG

These smuggled products of unknown origin mean that the product quality will not be guaranteed and can seriously affect the health of smokers.

Not to mention, criminals also take advantage of the loopholes of the lack of an official legal framework for managing e-cigarettes to mix drugs, marijuana, and banned substances into the packaging of electronic cigarette devices, turning gullible buyers into “addicts”, leading to many poisoning cases, causing a stir in society in recent times. Some subjects even use money to lure students to use and become “distribution channels” for banned goods…

This situation also creates additional burdens for market management agencies and authorities in preventing smuggling and drug crimes. Not only that, smuggled TLTHM is consumed in the Vietnamese market without control, with increasing quantities, causing huge losses to the state budget.

It is necessary to put TLTHM into management.

Based on the existing legal system that stipulates cigarettes as a legal business item in Vietnam, many experts assess that there are currently no legal barriers in managing TLTHM products if the product falls under the definition of tobacco products under the Law on Prevention and Control of Tobacco Harms.

We cannot think in the direction of banning if we cannot manage it, because banning is not a long-term policy and cannot solve the problems that society is facing due to the richness and diversity of TLTHM and the complicated situation of smuggling.

On the other hand, the World Health Organization (WHO) affirms that heated tobacco products are tobacco products and should be regulated by the Framework Convention on Tobacco Control (FCTC). WHO also recommends that each country considers the current situation of TLTHM consumption. If preventing the presence of these products is not feasible, these products should be managed and controlled by the Tobacco Control Law of the host country.

Notably, Vietnam is also about to participate in the 10th Conference of the Parties (COP10) of the FCTC Convention this coming November, in which the focus of the event will be discussing the countries' management views on TLTHM. Therefore, the timely introduction of a legal framework to officially put TLTHM under strict management will help affirm Vietnam's role and position in the international community in terms of its ability to control all types of tobacco products on the market.

Based on the health of users as well as the direction from the Government , relevant ministries and branches need to urgently unify opinions to soon have answers for the Government, society as well as international cooperation agendas.

This is the reason why Ho Chi Minh City Law Newspaper organized the discussion "New generation of tobacco: Qualified for immediate management under current law". Detailed information about the discussion will be fully updated by Ho Chi Minh City Law Newspaper on plo.vn and social platforms for readers to follow.

The trend of using new generation cigarettes is increasing.

The demand for TLTHM products is real. Many surveys show that the number of people who know or use electronic cigarettes and heated tobacco products is very high. Nine out of 10 people know about the existence of these two TLTHM products.

This proves that users' interest and need to search for and switch to less harmful tobacco products rather than continuing to smoke cigarettes is real in society, with an increasing trend.

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