Vaping has become increasingly popular worldwide, including in Malaysia. However, as with any new trend, there are laws and regulations that govern the use of electronic cigarettes in Malaysia. In this article, we will explore the vape laws in Malaysia and what you need to know as a vaper or someone interested in vaping.
Introduction
The use of vape, also known as vaping, has been on the rise in Malaysia in recent years. Many smokers are turning to e-cigarettes as an alternative to traditional cigarettes, which has raised concerns among the government and health officials.
Vape Laws in Malaysia:
- Mandatory SIRIM certification for electronic cigarettes: Starting from August 3rd, 2022, both locally manufactured and foreign imported electronic cigarettes must apply for SIRIM certification and labeling from the Ministry of Domestic Trade and Consumer Affairs in Malaysia. (Related regulation: “2022 Electronic Cigarette Product Instructions (Certification and Labeling Order)”)
- Electronic cigarette companies require a business license: Manufacturing companies with a capital of RM2.5 million or more or employing more than 75 full-time employees must apply for a manufacturing license from the Investment Development Authority.
Vape Sales:
- Sale and import of electronic cigarettes containing nicotine without permission is prohibited in Malaysia, but export is allowed.
- Nicotine-containing products are classified as Class C poison under the “Poison Act” and “Drug and Cosmetics Control Regulations” (exempting nicotine used in electronic cigarettes from taxation in the “Poison Act” from April 1, 2023). Devices or parts without nicotine are classified as electrical appliances.
- Electronic cigarettes containing nicotine can only be sold by licensed pharmacies or registered doctors, and it is prohibited to sell or supply electronic cigarette products containing nicotine to those under 18 years old.
- Electronic cigarette flavors: No flavor restrictions.
Tax policies: Corporate income tax: 17%; Personal income tax: Non-resident individuals: 30%.
Import and export policies: Malaysia implements preferential tariffs with ASEAN countries, and the import tax rate for industrial products is between 0-5%.
Foreign electronic cigarette companies in Malaysia: Kuala Lumpur: Clay Peng, Han Hua, and others.
Requirements for setting up a foreign company in Malaysia: Registered capital requirement: The paid-up capital of a wholly foreign-owned enterprise should be at least RM1.5 million. Executive personnel requirements: At least one shareholder and director, with at least one director residing mainly in Malaysia; a statutory secretary must be appointed (with a main residence in Malaysia).
Conclusion
The vape laws in Malaysia are strict, and vapers should be aware of the consequences of breaking these laws. Vapers who are caught breaking these laws can face severe penalties, including fines and imprisonment. To stay safe while vaping in Malaysia, it is essential to follow these laws and avoid vaping in public places.
