Ministry proposes to amend tobacco harm prevention law with tighter regulations

The Ministry of Health (MOH) is seeking public opinions on the draft amended Law on Tobacco Harm Prevention as it moves to strengthen protections for public health and close regulatory gaps.

According to the draft, the MOH says the amended law is built on the viewpoint of fully institutionalising the Party’s views, policies and guidelines.

It places health protection above economic interests, with an emphasis on protecting, caring for and improving public health. The draft closely follows policies set out in Resolution 20/NQ-TW of the Party Central Committee on strengthening public health care and protection, and the Politburo’s Resolution 72-NQ/TW dated September 9 last year on breakthrough solutions to enhance public health protection, care and improvement.

The amended law is reviewed to ensure constitutionality, legality, synchronisation, uniformity and feasibility within the legal system.

It aims to complete the legal framework on tobacco harm prevention by fully implementing measures to reduce demand, supply, accessibility and the appeal of tobacco products, while meeting Vietnam’s obligations under the Framework Convention on Tobacco Control.

The draft relies on scientific evidence to develop policies suited to Vietnam’s realities and aligned with international standards, proactively preventing harm to public health. It prioritises the protection of women and children, targets a tobacco-smoke-free living environment and supports sustainable development.

The amendment seeks to refine the legal framework on tobacco harm prevention, ensuring full institutionalisation of Party policies and guidelines, consistency across the legal system and alignment with practical conditions.

It is expected to help reduce mortality rates, disease burdens and healthcare costs, while contributing to sustainable economic and social development.

On the scope of regulation, the draft stipulates prohibitions on holding, transporting, storing, advertising, promoting, sponsoring and using electronic cigarettes and heated tobacco products.

It bans the display of tobacco products at retail points, expands some completely smoke-free venues, increases the area for health warnings on tobacco packaging and clarifies the responsibilities of relevant agencies, organisations and individuals in tobacco harm prevention.

The draft amends and supplements prohibited acts under Clause 4, Article 1, specifically banning advertising, promotion, display of cigarettes, electronic cigarettes, heated tobacco products and other new tobacco products; direct marketing of cigarettes, electronic cigarettes, heated tobacco products and other new tobacco products to consumers in any form.

It also amends and supplements the responsibilities of the Ministry of Culture, Sports and Tourism in information, education and communication on tobacco harm prevention, stating: “The Ministry of Culture, Sports and Tourism is responsible for incorporating information and education on tobacco harm prevention, electronic cigarettes heated tobacco products and measures to restrict tobacco use into cultural, sports, tourism and family life activities; regulating the restriction of images of actors using tobacco in films, stage plays and television productions.”

The draft amended law adds definitions for electronic cigarettes, heated tobacco products, electronic devices, specialised tobacco products and other new tobacco products under Clause 1, Article 1.

Currently, the Law on Tobacco Harm Prevention lacks specific definitions for electronic cigarettes and heated tobacco products, as well as prohibitions on holding substances, storing, transporting and using these products. Meanwhile, Resolution 173/2024/QH15 has comprehensively banned electronic cigarettes and heated tobacco products and the Investment Law has prohibited their trade.

In addition, the draft strengthens the responsibilities of heads of agencies, organisations and localities in tobacco harm prevention under Clause 2, Article 1. It requires that legal normative or guiding documents on tobacco harm prevention protect tobacco control policies from negative influences and prevent corruption and interest group interference linked to commercial interests in the tobacco industry.

The draft also adds two prohibited acts: storing, transporting and using electronic cigarettes, heated tobacco products and other new tobacco products; and producing or trading detachable parts and equipment for assembling or manufacturing electronic cigarettes and heated tobacco products under Clause 3, Article 1.

It further inserts the phrase electronic cigarettes, heated tobacco products after cigarettes in provisions related to prohibited acts, information, education and communication on tobacco harm prevention, and tobacco cessation and support for quitting tobacco.

- (VNS/VLLF)