Is it legal for a convenience store to not sell tobacco to persons aged under 18 in Vietnam?
Is it legal for a convenience store to not sell tobacco to persons aged under 18 in Vietnam? How much is fine for selling tobacco products to persons aged under 18 in Vietnam?
Hello, I asked my nephew to buy a pack of tobacco at a convenience store near my house recently. However, the store does not sell to my grandson because they think that my nephew is not yet 18 years old this year? Is the convenience store's behavior in compliance with the law? Please advise, thank you for your help.
Is it legal for a convenience store to not sell tobacco to persons aged under 18 in Vietnam?
In Article 9 of the Law on Tobacco harm prevention 2012, there are provisions on prohibited acts as follows:
1. Manufacturing, trading, importing, storing and transporting fake tobacco and products that resemble cigarette packs or cigarettes; trading, storing and transporting tobacco ingredients and smuggled tobacco.
2. Running advertisement, sales promotion and direct marketing to consumers in any form.
3. Giving sponsorship by tobacco trading organizations and individuals, except the cases defined in Article 16 of this Law.
4. Persons under 18 using, buying or selling tobacco.
5. Employing persons under 18 to buy or sell tobacco.
6. Selling or supplying tobacco to persons under 18.
7. Selling tobacco through vending machines; smoking and selling tobacco at non-smoking places.
8. Using tobacco pictures on newspapers and publications for children.
9. Encouraging or forcing other persons to use tobacco.
According to current regulations in Vietnam, in your case, the convenience store's behavior is completely in accordance with the law because it is not allowed to sell or supply tobacco to persons under 18.
How much is fine for selling tobacco products to persons aged under 18 in Vietnam?
In Article 26 of Decree 117/2020/ND-CP, there are provisions on violations against regulations on sale and supply of tobacco as follows:
1. A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed for failing to display the notice stating “It is illegal to sell tobacco products to anyone under the age of 18” at points of sale of a tobacco wholesale or retail dealer.
2. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for commission of one of the following violations:
a) Displaying more than one pack, carton or box of a tobacco brand at a tobacco retail agent or point of sale;
b) Selling or supplying tobacco products to persons aged under 18;
c) Selling or supplying tobacco products which are not labeled or whose packages do not indicate health warning as prescribed by law. If tobacco products which are not labeled or whose packages do not indicate health warning are illegally imported, the violation shall be penalized in accordance with regulations on penalties for administrative violations against regulations on commerce, production and trade in counterfeit and prohibited goods, and protection of consumer rights.
3. Additional penalty:
Business operations involving the violation in Clause 2 of this Article shall be suspended for a fixed period of 01 – 03 months.
4. Remedial measure:
The entity committing the violation in Point c Clause 2 of this Article is compelled to recall and remove violating elements of tobacco products which are not labeled or whose packages do not indicate health warning. If violating elements cannot be removed, tobacco products shall be destroyed.
According to this Article, the act of selling or supplying tobacco products to persons aged under 18 will be fined from VND 3,000,000 to VND 5,000,000. In addition, business activities related to violations may be suspended for a fixed period of 01 – 03 months in Vietnam.
Best Regards!
