Vietnam’s New Tobacco Regulations

On December 25, the Ministry of Health organized a workshop to deliberate on the National Assembly Resolution 173, which calls for banning e-cigarettes, heated tobacco products, and related items, collectively termed new-generation tobacco.

Dinh Thi Thu Thuy, Deputy Director of the Ministry of Health’s Legal Department, highlighted that the resolution, which was approved on November 30, 2024, establishes:

“The National Assembly endorses the prohibition of producing, trading, importing, harboring, transporting, and using e-cigarettes and other addictive substances detrimental to health, effective from 2025, to uphold public health and social order.”

This action positions Vietnam as the sixth country in Southeast Asia to outlaw these modern tobacco products.

Implementation Initiatives

In response to the resolution’s endorsement, the Ministry of Health has put forth proposals for the Prime Minister and Deputy Prime Ministers concerning two major initiatives:

1. **Developing an Implementation Plan**: The Ministry of Health aims to work with various agencies to formulate a detailed strategy for enforcing the ban on e-cigarettes, heated tobacco products, and other harmful substances, with plans to present it by early 2025.

2. **Revising Penalty Regulations**: The Ministry will propose changes to Decree 117/2020, which sets forth penalties in the health sector, to include specific penalties for both using and harboring e-cigarettes and related products. These procedural updates will be expedited for swift enactment.

Currently, Vietnamese legislation has defined penalties related to the production, harboring, and distribution of illegal goods. Per Articles 190 and 191 of the Penal Code, violations can result in fines ranging from 50–100 million VND (about 2,100–4,200 USD) or imprisonment from 1 to 5 years.

Nonetheless, the existing laws do not explicitly address the usage of banned items like e-cigarettes and heated tobacco products.

Nguyen Tuan Lam, a WHO representative in Vietnam, stressed the importance of controlling the supply chain to effectively implement Resolution 173. His recommendations include tackling smuggling, illegal trading, and online promotion of these products.

Lam proposed tightening border checks and enforcing rules at selling locations, alongside imposing harsher penalties to deter infractions. Collaborating across agencies and raising public awareness will be vital, taking cues from the enforcement successes seen with helmet laws and drunk-driving bans.