Are there any penalties for acts of smoking or vaping in school in Vietnam?

Hello, Lawnet would like to answer as follows:

1. What is Vape?

Vape, also known as electronic cigarettes (EC-electronic cigarettes), is a device that simulates a regular cigarette. Vape uses batteries and does not use real tobacco ingredients. Vape consists of 2 parts: the filter contains nicotine and the aroma mixture; the body is an electronic device that, when operating, will emit vapor that passes through the filter to dissolve nicotine and aroma. When the user inhales, nicotine vapor and aroma will enter the respiratory tract.

Currently, the market has hundreds of types of electronic cigarettes with many different designs. They can resemble traditional cigarettes or have other shapes, such as pens, USB sticks, or larger cylinders or rectangles.

Some harmful health effects of vaping and e-cigarettes include:

- Risk of respiratory diseases: Vaping can cause pneumonia, asthma, and impaired lung function.

- Risk of cardiovascular diseases: Vaping can increase blood pressure, heart rate, and the risk of cardiovascular disease.

- Risk of neurological diseases: Vaping can cause depression, anxiety, and behavioral disorders.

- Risk of reproductive diseases: Vaping can reduce fertility in men and women.

Additionally, vaping can also cause other health problems, such as:

- A rash

- Short of breath

- Headache

- Nausea

- Dizzy

Vaping can also cause nicotine addiction, just like traditional cigarettes. Nicotine is a highly addictive substance that can cause health problems such as high blood pressure, rapid heart rate, and depression.

At the same time, vaping is not a safe alternative to smoking. If you are trying to quit smoking, see your doctor for advice on safer and more effective alternative treatments.

(The above information is for reference only)

2. Are there any penalties for acts of smoking or vaping in school in Vietnam?

Article 11 of the Law on Tobacco harm prevention 2012 stipulates places where smoking is prohibited as follows:

Article 11. Places where smoking is completely prohibited

1.Places where smoking is completely prohibited indoors or outdoors, include:

...

b/ Educational institutions, except for those specified in Point b Clause 2 of this Article;

...

At the same time, Article 37 of Circular 32/2020/TT-BGDDT stipulates the following behaviors that students are not allowed to do:

Article 37. Prohibited acts for students

...

3. Buy, sell or use alcohol, tobacco, drugs, other stimulants, firecrackers or explosives.

Therefore, students smoking cigarettes and e-cigarettes in school is a violation of the School Charter. Students who smoke in school may be handled as follows:

- For elementary and middle school students:

+ Remind, criticize, and request a written commitment not to repeat the offense.

+ Reprimand, request to write a report, and commit not to repeat the offense.

+ Suspension of school for a week or a month...

- For high school students:

+ Remind, criticize, and request a written commitment not to repeat the offense.

+ Reprimand, request to write a report, and commit not to repeat the offense.

+ Warning, request to write a report, and commitment not to repeat the offense.

+ Temporary suspension from study for 1 to 2 weeks...

In addition to being handled according to school regulations, students who smoke or vape are also subject to administrative sanctions, as follows:

- Warning or fine from 200,000 VND to 500,000 VND: For people from 16 years old but under 18 years old who use tobacco.

- In addition, a fine ranging from 500,000 VND to 1,000,000 VND will be imposed for one of the following acts:

+ Advocating and forcing others to use tobacco;

+ Using people under 18 years old to buy cigarettes.

Thus, students smoking and vaping in school is a prohibited act and violates the School Charter. Violating students may be disciplined according to school regulations and administratively sanctioned with fines ranging from 200,000 VND to 500,000 VND.

Therefore, students need to be aware that they should not smoke or vape in school to avoid being punished and affecting the learning process.

Best regards!

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