After years of existence, it is still arguable whether e-cigarette (thuốc lá điện tử) should be regarded as actual tobacco (thuốc lá). Accordingly, it is not clear how e-cigarette business should be regulated under Vietnamese law.

Under the Law on Tobacco Prevention 2012, tobacco is defined to be “a product wholly or partly manufactured from tobacco ingredients, processed in the form of cigarettes, cigars, tobacco shreds, pipe tobacco and other forms”. The word “other forms” could broadly cover many forms of product. However, from the definition, the key when identifying whether a product is a tobacco product is not its form, but its ingredients.

In most cases, e-cigarettes are battery-operated devices that work by heating a liquid solution (e-liquid), from which vapor is then produced. This e-liquid usually contains nicotine – a stimulant typically made from tobacco plants. Meanwhile, the definition of tobacco ingredients under the Law on Tobacco Prevention 2012 includes multiple forms of tobacco leaves, tobacco shreds, tobacco stalks and other substitute ingredients used for tobacco production.

The Ministry of Finance has recently released draft amendment to the current regulations on duty-free goods under Decree 167/2016. We discussed below some proposed amendments:

·        The definition of “goods temporarily imported to Vietnam” is amended to include goods temporarily imported from “non-tariff zones and bonded warehouses”. Under existing regulations, it is not clear whether or not goods from non-tariff zones and bonded warehouses can be sold in duty-free stores.

·        Bags, packaging for the purpose of carrying duty-free goods are now also considered duty-free goods.