The Ministry of Justice of Vietnam proposed to redefine the concept of vapes and heated tobacco to avoid vague regulations and enforcement difficulties. While opposing the notification of penalties to work and study units, stressing that policies should be fully evaluated and enterprises should be listened to.
Key points:
1. The Ministry of Justice of Vietnam proposes to redefine vapes and heated tobacco to clarify the differences between the two to avoid vague regulations and difficult enforcement.
2. The Ministry of Justice opposes sending penalty notices to offending settlement units, stressing that compliance with vape and heated tobacco regulations should be an individual responsibility.
3. Relevant enterprises face difficulties in enforcing regulations, and the Ministry of Justice recommends that policies be fully evaluated and opinions of enterprises be heard before setting penalties.
Vietnam’s Ministry of Justice clarifies definitions of vapes and heated tobacco
According to Tienphong’s report on March 26. Vietnam’s Ministry of Justice recently issued a review report (Review Report No. 68) on the Draft Government Order No. 117 of September 28, 2020. The Department of Justice noted in the review that it recommended a redefinition of the concepts involved in vapes and heated tobacco.
The Ministry of Justice pointed out that to ensure the unity of the legal system and the comprehensiveness of national management, especially in the management of investment, production, business and other activities. The definition of vapes and heated tobacco should be clearly defined in relevant regulations.
Proposed adjustment of penalties
Vapes and heated tobacco are two separate concepts, and there are clear differences in their construction, working principle, composition, hazards, and objects of use. Combining the two into a single concept can lead to difficulties in developing preventive measures or choosing the appropriate form of punishment. In addition, the definition of vapes and heated tobacco in the draft may be too broad, and even the use of devices for non-smoking purposes may be included in the scope of penalties, which will bring practical implementation difficulties to law enforcement.
The Ministry of Justice has taken issue with the proposal in the draft to send penalty notices to offending settlement units, arguing that this could lead to unnecessary social impacts and penalties, such as affecting an individual’s work or study environment. At the same time, compliance with vape and heated tobacco regulations should be a personal responsibility and should not become a burden on work or study units, as this is the domain of the individual.
In addition, enterprises currently engaged in the investment, production and export of electronic cigarettes and heated tobacco components face many difficulties in implementing relevant regulations. In particular. Resolution 173 passed by Congress on November 30, 2024, explicitly bans the use of vapes and heated tobacco, which brings greater challenges to related companies.
The Ministry of Justice suggested that before making penalties for vapes and heated tobacco. Relevant management policies should be fully evaluated and opinions of the public and enterprises should be heard so that the government has a more comprehensive consideration in decision-making. This is especially important in the context of the difficulties faced by vape and heated tobacco equipment manufacturers.
