Are funky balls banned in Vietnam? Is playing with funky ball against the law and sanctioned?

Main Content

• Are funky balls banned in Vietnam? 
• Is it illegal and sanctioned to use funky balls in Vietnam? 
• How will illegal production of funky balls supplied to the market be sanctioned in Vietnam? 

Are funky balls banned in Vietnam?

A funky ball is a balloon pumped with a gas with the chemical formula N2O (dioxide) or nitrous oxide. This gas, when inhaled, has the ability to strongly affect a point of the nervous system causing laughter, creating a feeling of lightheadedness for the user. Regular use of N2O can cause disorders such as: stinging sensations in the extremities and staggering walking; mood disorders; memory disorders; sleep disorders; arrhythmias and hypotension; anemia, B12 deficiency...

N2O is a chemical managed by the Ministry of Industry and Trade, on the list of chemicals restricted from production and business in the industrial sector (order number 120, Appendix II of Decree 113/2017/ND-CP).

Thus, the import, purchase and sale ... N2O substance for use in industry, economic and social development ... is still implemented but must ensure strict provisions of the law.

Are funky balls banned in Vietnam? Is playing with funky ball against the law and sanctioned?

Is it illegal and sanctioned to use funky balls in Vietnam?

Funky balls are not on the list of narcotic substances and precursors as prescribed in Decree 73/2018/ND-CP, so:

Although there is no specific law prohibiting it, the sale and use of funky balls for people is wrong because it first adversely affects the health of users and is not licensed to buy, sell and use for people.

How will illegal production of funky balls supplied to the market be sanctioned in Vietnam?

According to Article 17 of Decree 71/2019/ND-CP amended by Clause 8 Article 1 of Decree 17/2022/ND-CP, violations of regulations on production and business activities under licenses for production and trading of chemicals restricted from production and business in the industrial sector are as follows:

Article 17. Violation of regulations on safety assurance of hydroelectricity dams and downstream areas

1. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed on:

a) Failing to produce natural disaster response plans for dams and downstream areas for approval of the authorities during construction process; failing to adequately implement natural disaster response plan for dams and downstream areas approved by competent authorities;

b) Failing to produce, approve, and implement natural disaster response plans during operation of hydroelectricity dams and reservoirs.

2. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed on:

a) Failing to produce or adhere to natural disaster response plans during operation or failing to review and approve annual natural disaster response plans during operation;

b) Failing to install or failing to review and install additional warning systems in downstream areas on an annual basis;

c) Failing to install warning signs for perimeter of hydroelectricity structures, warning buoys reservoirs in upstream areas of dams;

d) Failing to organize inspection, submit accurate reports to the authorities on activities within perimeter of hydroelectricity dams and reservoirs under the offenders' management and ownership.

3. A fine ranging from VND 30.000.000 to VND 50.000.000 shall be imposed on:

a) Failing to maintain communication and reports with National Steering Committee for Natural Disaster Prevention and Control and the authorities;

b) Failing to issue warning or inform the inhabitants and local governments in advance about flood discharge of hydroelectricity dams;

c) Failing to produce and adequately comply with emergency response plans of hydroelectricity dams and reservoirs approved by the authorities;

d) Failing to produce and adequately comply with protective measures of hydroelectricity dams approved by the authorities;

dd) Failing to produce and adequately comply with emergency response plans or failing to review, revise, and adjust emergency response plans for approval of the authorities on an annual basis;

e) Failing to develop plans for placing markers identifying protection perimeter of hydroelectricity dams; failing to place and manage markers; failing to transfer markers to People’s Committees of communes where dams are built for management;

g) Failing to produce protective measures for hydroelectricity dams and reservoirs and present to the authorities for approval.

4. A fine ranging from VND 50.000.000 to VND 70.000.000 shall be imposed on:

a) Failing to develop emergency response plans or revise emergency response plans on an annual basis and present to competent authorities for approval;

b) Failing to install operation monitoring system, information equipment, and safety warning for dams and downstream areas.

5. Remedial measures:

a) Mandated additional installation of warning systems of downstream areas for violations under Point b Clause 2 of this Article;

b) Mandated addition of warning signs for perimeter of hydroelectricity structures, warning buoys in reservoirs within protection perimeter of upstream of dams for violations under Point c Clause 2 of this Article;

c) Mandated installation of operation monitoring system, information equipment, and safety warning for dams and downstream areas for violations under Point b Clause 4 of Article.

6. A fine ranging from VND 20,000,000 to VND 25,000,000 shall be imposed for manufacturing or selling industrial chemicals restricted from manufacture and sale without a license to manufacture or sell industrial chemicals restricted from manufacture and sale or continuing to manufacture or sell chemicals while the operation or the license to manufacture or sell industrial chemicals restricted from manufacture and sale is being suspended.

7. Additional penalties:

a) The exhibit for committing the administrative violation which is the falsified license to manufacture or sell industrial chemicals restricted from manufacture and sale shall be confiscated if the violation mentioned in Clause 1 of this Article is committed;

b) The license to manufacture or sell industrial chemicals restricted from manufacture and sale shall be suspended from 01 month to 03 months if any of the violations in Point a Clause 2, Clause 3 and Clause 5 of this Article is committed.

8. Remedial measures:

The violator is compelled to transfer illegal benefits obtained from the violations mentioned in Clauses 2 and 6 of this Article.

Accordingly, illegal production of funky balls will be fined from 20-25 million VND. At the same time, it is forced to return the illegal profits. However, this fine is imposed for administrative violations committed by individuals. For the same administrative violations, the fine for the organization is 02 times higher than the fine for individuals (Article 4 of Decree 71/2019/ND-CP).