Strict Penalties for Violations Involving New Generation Tobacco Products
(ĐSVH) From January 1, 2025, the production, sale, and use of electronic cigarettes will be strictly prohibited. Violators may face administrative fines or criminal prosecution.
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The National Assembly has agreed to ban the production, sale, import, storage, transportation, and use of electronic cigarettes and heated tobacco products to protect public health. Starting next year, electronic cigarettes will be classified as prohibited items. Individuals and organizations violating this ban will be penalized according to current regulations.
According to the Legal Department of the Ministry of Health, penalties for producing and selling prohibited goods are based on Article 190 of the 2015 Penal Code, amended and supplemented in 2017. Violators may face fines ranging from VND 100 million to VND 1 billion or imprisonment from 1 to 5 years. Government Decree 98/2020/ND-CP also stipulates administrative penalties for violations in commercial activities, production, and sale of counterfeit and prohibited goods, including tobacco products.
The Ministry of Health is reviewing legal documents to identify any legal gaps and propose appropriate adjustments and supplements. Additionally, the ministry plans to raise public awareness, especially among youth, about the harms of electronic cigarettes.
The ban on electronic cigarettes has been proposed and awaited by the Ministry of Health, the World Health Organization (WHO), and many international organizations and individuals for years. According to Mr. Nguyen Tuan Lam, a representative of WHO in Vietnam, strict penalties for violations involving new generation tobacco products are an effective deterrent.
For example, in Singapore, violations related to the use, production, and sale of electronic cigarettes are heavily penalized. Importing, selling, or distributing electronic cigarettes is considered a serious offense and is subject to severe penalties. Individuals and organizations violating this ban may face fines up to SGD 10,000 (approximately VND 180 million) per violation and imprisonment up to 12 months. Companies found selling electronic cigarettes may be fined up to SGD 50,000 (approximately VND 900 million), and responsible individuals may face criminal charges.
Using electronic cigarettes in Singapore is also strictly prohibited and heavily penalized. Users may face fines up to SGD 2,000 (approximately VND 36 million) per violation and imprisonment up to 6 months for serious offenses. Advertising electronic cigarettes is completely banned, including on social media. Violators may face fines up to SGD 10,000 or 12 months imprisonment, and businesses may have their licenses suspended or revoked.
In addition to penalties, Singapore focuses on public education about the harms of electronic cigarettes. The government regularly conducts awareness campaigns targeting youth and parents.
Ms. Nguyen Thi An, Director of HealthBridge, supports strict penalties for new generation tobacco products, stating that such measures reflect the government's strong commitment to public health protection. Strict regulations help reduce the prevalence of electronic cigarettes and create a healthier and safer environment, especially for the younger generation.
To ensure the effectiveness of the ban, Ms. An suggests increasing surveillance and control over the production, import, distribution, and consumption of electronic cigarettes and heated tobacco products. Authorities must work closely to eliminate these products from the market and apply strict penalties for violations. Public education campaigns about the harms of these products are also crucial, particularly targeting youth. The government and social organizations should collaborate to deliver clear and strong messages through media, schools, and communities.
Currently, around 40 countries, including five ASEAN nations (Thailand, Singapore, Laos, Brunei, and Cambodia), have banned the use of electronic cigarettes.
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