Vietnam Ministry of Justice Seeks Clarity on Vape Regulations

The Vietnamese Ministry of Justice has recently issued Assessment Report No. 68 (68/BCTĐ-BTP) regarding the Draft Decree amending and supplementing several articles of Decree No. 117/2020/NĐ-CP, which stipulates administrative sanctions in the health sector. The Ministry has requested clarification on two key points related to the regulation of electronic cigarettes and heat-not-burn tobacco products.

Defining Electronic Cigarettes and Heat-Not-Burn Tobacco Products

The Ministry of Justice has recommended that the drafting agency research and define the concepts of “electronic cigarettes and heat-not-burn tobacco products” in legal documents such as the Law on Prevention and Control of Tobacco Harms and Decree No. 77/2013/NĐ-CP. This step is crucial to ensure the synchronization and consistency of the legal document system and comprehensive state management of investment, production, and business activities related to these products.

Furthermore, the Ministry has requested that the drafting agency clearly report to the Government the various opinions from citizens, organizations, and businesses, as well as forecast potential consequences before issuing sanctions regarding electronic cigarettes and heat-not-burn tobacco products. This is particularly important given the difficulties and obstacles faced by businesses involved in the investment, production, and export of these products, following the National Assembly’s Resolution No. 173/2024/QH15 on the prohibition of harboring and using electronic cigarettes and heat-not-burn tobacco products.

Challenges in Identifying Violations

The Ministry of Justice has also raised concerns about the proposed definition of electronic cigarettes and heat-not-burn tobacco products in paragraph 2, Clause 1, Article 2a of Decree No. 117/2020/NĐ-CP. The definition includes devices, consumables, and components necessary to form or use these products, which could lead to individuals using devices not intended for smoking tobacco being subject to administrative sanctions under Article 26a of the decree.

The Ministry affirms that these regulations could create difficulties for enforcement authorities, who must prove that an individual’s actual use of devices or components meets the second aspect of the definition but not the first, which already includes many sub-points with different connotations, making it very difficult to identify violations.

Read more: Vietnam Bans Vapes, Imposes Hefty Fines on Tourists and Jail Time for E-Cigarette Traders and Producers

Inappropriate Proposals for Remedial Measures

The Ministry of Justice has also recommended that the drafting agency not stipulate the remedial measure of sending administrative violation notices to agencies, organizations, or localities where violators work, study, or reside, as outlined in Point b, Clause 3, Article 26a of Decree No. 117/2020/NĐ-CP (proposed to be amended and supplemented in Clause 2, Article 1 of the Draft Decree).

The Ministry argues that this measure is inappropriate for several reasons. First, the act of using electronic cigarettes or heat-not-burn tobacco products does not directly cause any consequences related to administrative management at workplaces, educational institutions, or residences that would necessitate those entities applying handling measures. Second, compliance with the law regarding the use of these products is the responsibility of each individual violator and is not related to whether the individual works, studies, or lives at a particular agency, organization, or locality. Third, sending notifications to workplaces, educational institutions, or residences could lead to negative consequences such as affecting the psychology, honor, and reputation of violators, even when the violation is unrelated to their work or studies.

Conclusion

As the Vietnamese government works to regulate electronic cigarettes and heat-not-burn tobacco products, the Ministry of Justice’s Assessment Report No. 68 highlights the need for clear definitions, comprehensive reporting of opinions and potential consequences, and appropriate remedial measures. By addressing these concerns, the government can ensure effective state management of these products while minimizing unintended consequences for businesses and individuals.

News source: Bộ Tư pháp yêu cầu làm rõ khái niệm liên quan xử phạt vi phạm về thuốc lá mới

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Matthew Ma

Marketing at Ecigator

With over a decade of experience in the e-cigarette industry, Matthew Ma is a seasoned expert in both the manufacturing and usage aspects of vaping products. His extensive background has provided him with a deep understanding of the intricacies and evolving dynamics of e-cigarettes.