Is it possible to request high school students to buy tobacco in Vietnam?

Is it possible to request high school students to buy tobacco in Vietnam?

Pursuant to Article 9 of the Law on Prevention and Control of Tobacco Harms 2012 stipulates the following prohibited acts:

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.

Thus, the law strictly prohibits the use of persons under 18 to buy and sell tobacco in Vietnam. If you are a high school student, if you are under 18 years old, when you buy tobacco for other people, you will be administratively fined according to regulations, in addition, the person who asked you to buy them will also be fined for the above behavior.

How much is fine for requesting high school students to buy tobacco in Vietnam?

According to Article 29 of Decree 117/2020/ND-CP stipulating violations against other regulations on prevention and control of tobacco harms as follows:

1. A warning or a fine ranging from VND 200.000 to VND 500.000 shall be imposed upon a person aged from 16 to under 18 for tobacco use.

2. A fine ranging from VND 500.000 to VND 1.000.000 shall be imposed for commission of one of the following violations:

a) Encouraging or forcing others to use tobacco;

b) Requesting persons aged under 18 to buy tobacco products.

3. 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) Using tobacco images on newspapers or publications for children;

b) Providing information without scientific grounds or inaccurate information on tobacco and its harms;

c) Failing to include contents about prevention and control of tobacco harms in annual operation plan or failing to include workplace smoking bans in internal regulations;

d) Failing to impose restriction on tobacco use in theatrical and cinematographic works as prescribed by law.

4. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for commission of one of the following violations:

a) Using name, brand and symbols of tobacco products on other products/services;

b) Performing direct marketing of tobacco products to consumers in any forms;

c) Allowing the provision of direct-to-consumer tobacco marketing at facilities under management;

d) Delaying payment of compulsory contributions as prescribed by law;

dd) Making false statements resulting in insufficient payment of compulsory contributions as prescribed by law;

e) Using funds provided by the Fund for prevention and control of tobacco harms against regulations of law;

g) Disseminating information or notices of sponsoring by tobacco traders.

5. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed for commission of one of the following violations:

a) Sponsoring in any form, unless permitted by law;

b) Evading or cheating on payment of compulsory contributions as prescribed by law.

6. Remedial measures:

a) The entity committing the violation in Point a, b or d Clause 3 or Point a Clause 4 of this Article is compelled to recall tobacco products and rectify or remove violating elements. If violating elements cannot be rectified, tobacco products shall be destroyed.

b) The entity committing the violation in Point d Clause 4 of this Article is compelled to pay interests on late payment of compulsory contributions;

c) The entity committing the violation in Point e Clause 4 of this Article is compelled to return any amounts of money used against regulations of law;

d) The entity committing the violation in Point dd Clause 4 or Point b Clause 5 of this Article is compelled to pay compulsory contributions and any interests arising from false declaration, evasion or cheating on payment of compulsory contributions.

According to this Article, those who ask high school students under 18 years old to buy tobacco in Vietnam will be fined from 500,000 VND to 1,000,000 VND.

How much is fine for selling tobacco products to high school students in Vietnam? 

In Article 26 of Decree 117/2020/ND-CP, violations against regulations on sale and supply of tobacco are 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.

Thus, selling or supplying tobacco to high school students under 18 years old in Vietnam will be fined from VND 3,000,000 to VND 5,000,000. This is the fine level for individuals and organizations will be double fine (Clause 5, Article 4 of Decree 117/2020/ND-CP). Besides, the seller will be suspended from doing business for 1-3 months.

Best Regards!