Current management policy for new generation cigarettes in Vietnam

Current management policy for new generation cigarettes in Vietnam (Internet image)

Official dispatch 3352/TCHQ-GSQL was issued by the General Department of Customs on August 12, 2022, on the new generation tobacco management policy.

1. There are no specific regulations on banning import and export or temporary suspension of import and export for new-generation cigarettes.

According to the content of Official Dispatch 3352/TCHQ-GSQL dated August 12, 2022 of the General Department of Customs:

Pursuant to the provisions of the Law on Foreign Trade Management 2017,  goods that are harmful to the health and safety of consumers or adversely affect social order, safety, social ethics, fine customs, etc. subject to export and import bans.

- In cases not specified in the List of goods banned from export or import, measures to temporarily suspend export or import will be applied.

- For goods banned from export and import under the authority prescribed by the Government, the List of goods banned from export and import. For goods subject to measures to temporarily suspend export or import, the Minister of Industry and Trade will decide to temporarily suspend export or import on the basis of consulting or at the proposal of relevant ministries and ministerial-level agencies and is responsible for their decisions.

According to the provisions of Decree 69/2018/ND-CP, Decree 67/2013/ND-CP (amended by Decree 106/2017/ND-CP, Decree 08/2018/ND-CP, and Decree 17/2020/ND-CP), next-generation tobacco products (electronic cigarettes, heated cigarettes) have not been specifically identified in the List of goods banned from export and import as well as the List of goods exported and imported according to licenses and conditions.

2. Management policy for new-generation cigarettes in Vietnam

Official Dispatch 3352/TCHQ-GSQL outlines the content of a number of official dispatches on new generation tobacco products (electronic cigarettes, heated cigarettes), but the guiding content is inconsistent, specifically as follows:

- The management of the import of electronic cigarettes is managed as for imported tobacco products according to the provisions of Circular 37/2013/TT-BCT. (Official Dispatch 1173/BCT-XNK dated February 18, 2014 of the Ministry of Industry and Trade)

- Currently, electronic cigarettes, non-combustible cigarettes, used for IQOS pipes and similar products,... have not been classified as goods and do not have technical standards or technical regulations to import into Vietnam.

The Ministry of Industry and Trade is researching and reporting to the Prime Minister on regulations on the management of the above items. Therefore, electronic cigarettes, non-combustible cigarettes used for IQOS pipes, and similar products have not been imported into Vietnam. (Official Dispatch 534/XNK-TMQT dated June 13, 2019 of the Ministry of Industry and Trade)

- The Ministry of Industry and Trade said that it has sent an official dispatch to report to the Prime Minister on measures to manage electronic cigarette products, including devices used to heat e-cigarette solutions and heated cigarettes.

Up to now, the Prime Minister has not given any guidance on this issue, so the customs authority is requested to wait for the Prime Minister's guidance to have a stronger legal basis for responding to businesses. (Official Dispatch 0650/XNK-TMQT dated June 22, 2020 of the Ministry of Industry and Trade)

- At the same time, Deputy Prime Minister Le Van Thanh has directed opinions on the development of management policies for new-generation tobacco products in Vietnam, which requires:

+ The Ministry of Industry and Trade clarifies the legal basis and authority to promulgate pilot policies to manage new-generation tobacco products;

+ Coordinate with the Ministry of Health to continue researching and evaluating new generation tobacco products on the basis of ensuring consumer health and harmoniously balancing the interests of subjects.

(Official Dispatch 7830/VPCP-CN, dated October 26, 2021, of the Government Office)

Therefore, to have a basis for properly implementing the legal regulations on foreign trade management and the Prime Minister's direction, the General Department of Customs requests the Ministry of Industry and Trade to clearly guide the new generation tobacco product management policy (electronic cigarettes, heated cigarettes), including components, finished product assemblies, flavorings, and chemicals used for heating and the finished product of this item, the time of application, and handling sanctions (if any).

Van Trong

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