Table of Contents
- E-Cigarette Regulation Overview
- Types of E-Cigarettes and Their Rules
- Eligibility Requirements
- Required Documents
- Application Procedure
- Post-Registration Obligations
- FAQ
1. E-Cigarette Regulation Overview
E-cigarettes are regulated under the Tobacco Business Act in Korea, which defines tobacco as a product manufactured from tobacco or nicotine, in whole or in part, in a form suitable for smoking, sucking, inhaling as vapor, chewing or sniffing (medicines and quasi-drugs under the Pharmaceutical Affairs Act are excluded). Importing nicotine e-cigarettes — liquid nicotine (전자담배 액상형) or heated tobacco products (궐련형 전자담배) — therefore requires tobacco import and sales business registration with the Mayor or Do Governor of the head office or principal office location. A license from the Minister of Economy and Finance applies only to tobacco manufacturing.
2. Types of E-Cigarettes and Their Rules
- Liquid nicotine products: Tobacco under the Act — tobacco import and sales registration; the nicotine solution volume must be shown on containers and packaging
- Heated tobacco products (HTP): Tobacco under the Act — the same tobacco import and sales registration
- Zero-nicotine e-liquids: Not tobacco under the Tobacco Business Act if made without tobacco or nicotine; other rules may apply depending on the ingredients
- Devices only: Not tobacco by themselves; separate electrical product safety certification may apply
3. Eligibility Requirements
- A tobacco supply contract with a foreign tobacco manufacturer
- No disqualification grounds under the Tobacco Business Act (for corporations, including the representative)
- No minimum capital or warehouse requirement
- Both corporations and individual business owners may register
4. Required Documents
- Application for tobacco import and sales business registration (Form No. 7 of the Enforcement Rule)
- One copy of the supply contract with the foreign tobacco manufacturer
- For customs and distribution: import declaration under the Customs Act, and packaging with Korean warning labels and the nicotine solution volume
5. Application Procedure
- Check whether the product is tobacco (made from tobacco or nicotine)
- Conclude a supply contract with the foreign manufacturer
- File the registration with the Mayor or Do Governor of the head office location
- Receive the registration certificate
- Report retail prices at least 6 days before sales begin, then complete the import declaration and customs clearance
6. Post-Registration Obligations
- Warning text and images on packs; nicotine solution volume labeling for liquid products
- Quarterly ingredient testing requests to a designated testing body
- No sale to juveniles under the Juvenile Protection Act
- Sell only to registered wholesalers or designated retailers; retailers may not sell by mail order or e-commerce
- Change registration when the supplier, head office location, corporate name or representative changes
- Tobacco taxes and charges apply — confirm amounts with a tax professional
FAQ
Q. Can a foreign brand enter the Korean e-cigarette market?
A. Yes, through a Korean importer that has completed tobacco import and sales registration, or by registering its own business in Korea with the competent Mayor or Do Governor.
Q. Are disposable e-cigarettes regulated the same way?
A. Yes. Products made from nicotine fall under the Tobacco Business Act. For disposable products combining a device and nicotine solution, the nicotine solution volume must be shown on the device itself.
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