Is it possible for bar clubs in Vietnam to sell laughing gas balloons?

Is it permissible for bar clubs in Vietnam to sell laughing gas balloons?

Laughing gas is also known as N₂O (Nitrous oxide), which is injected into ballooons.

Pursuant to Appendix II (The list of industrial chemicals restricted from production and trading) issued together with the Decree 113/2017/NĐ-CP stipulating as follows:

20.

Dinitơ monoxit

Nitrous oxide

10024-97-2

28112990

N2O

Pursuant to Clause 2 Article 17 of the Decree 113/2017/NĐ-CP stipulating control of restricted industrial chemicals as follows:

2. The producer and trader shall only sell restricted industrial chemicals to the following buyers:

a) The buyer purchasing chemicals for trade and fulfilling all requirements for trading in restricted industrial chemicals stated in Article 15 herein;

b) The buyer purchasing chemicals for use and fulfilling all the requirements stated in Chapter V of the Law on Chemicals.

Pursuant to Article 15 of the Decree 113/2017/NĐ-CP stipulating requirements for issuance of licenses for restricted industrial chemical production or trade as follows:

1. Requirements for issuance of the license for restricted industrial chemical production are provided in Clause 1 Article 9 herein.

2. Requirements for issuance of the license for restricted industrial chemical trade are provided in Clause 2 Article 9 herein.

3. Restricted industrial chemicals shall be stored in a separate area in the warehouse or in a separate warehouse.

4. The producer or trader of restricted industrial chemicals after having the license granted by a licensing authority shall fulfill the requirements stated in Clause 1 or Clause 2 and Clause 3 this Article during the production or trading process. The chemical producer and trader no longer fulfilling such requirements shall have their licenses revoked according to the provision of Clause 2 Article 18 of the Law on Chemicals.

As regulations above, laughing gas is among the list of industrial chemicals restricted from production and trading. It can only be used within industrial sector as long as all conditions are satisfied. Therefore, the bar clubs in Vietnam are not permissible to sell laughing gas balloons.

What are the fines imposed for selling laughing gas balloons without certificate of business registration in Vietnam?

Pursuant to Clause 6 and 8, Article 17 of the Decree 71/2019/NĐ-CP (amended by Clause 8.dd Article 1 of the Decree 17/2022/NĐ-CP) stipulating violations against regulations on manufacture and sale specified in the license to manufacture or sell industrial chemicals restricted from manufacture and sale as follows:

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.

8. Remedial measures:

...

b) Mandated submission of profits illegally generated by the violations under Clause 2, Clause 5, and Clause 6 of this Article.

Pursuant to Clause 2 Article 4 of the Decree 71/2019/NĐ-CP stipulating as follows:

2. The fines prescribed in Chapter II hereof are imposed for administrative violations committed by individuals. The fine incurred by an organization is twice as much as the fine incurred by an individual for the same violation.

As regulations above, laughing gas is a substance that is restricted from manufacture and sale within industrial sector. Therefore, a fine ranging from VND 20,000,000 to VND 25,000,000 shall be imposed for selling it without a license. If the violator is an organization, the fine shall be from VND 40,000,000 to VND 50,000,000.

Are people who buy laughing gas balloons against the law in Vietnam?

Laughing gas is among the list of industrial chemicals restricted from production and trading according to the Decree 113/2017/NĐ-CP.

However, N₂O is not among List I (Narcotic Substances that are absolutely forbidden to use in medicine and social life); the use of these substances in research, testing, expertise, criminal investigation must follow special requirements of competent authorities according to the Decree 57/2022/NĐ-CP.

As regulations above, people who uses laughing gas balloons are not against the law in Vietnam because N₂O is not on the banned list.

Best regards!