Is it possible to smoke in medical establishments in Vietnam? What are penalties for smoking at medical establishments in Vietnam?

Is it possible to smoke in medical establishments in Vietnam? What are penalties for smoking at medical establishments in Vietnam? 

Last week, I took my daughter to a children's hospital in the city. While waiting in the hospital corridor, I still see many people smoking despite the no smoking sign. I wonder if smoking at the hospital is against the law? If so, what is the penalty?

Is it possible to smoke in medical establishments in Vietnam?

In Article 11 of the Law on Tobacco harm prevention 2012 stipulates places where smoking is completely prohibited, according to which:

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

a/  Medical establishments;

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

c/ Childcare facilities and recreation facilities for children;

d/ Facilities or areas with high risk of fire and explosion.

2. Places where smoking is completely prohibited indoors include:

a/ Workplaces;

b/ Colleges, universities and academies;

c/ Public places, except for the cases specified in Clause 1 of this Article and Clause 1, Article 12 of this Law.

3. Means of public transportation where smoking is completely prohibited are automobiles, airplanes and trams.

Thus, compared with the above regulations in Vietnam, smoking at a children's hospital is prohibited and if smoking here, it is considered a violation of the law.

What are penalties for smoking at medical establishments in Vietnam? 

Pursuant to Article 25 of Decree 117/2020/ND-CP stipulating violations against regulations on non-smoking areas, according to which:

1. A warning or a fine ranging from VND 200.000 to VND 500.000 shall be imposed for smoking in non-smoking areas. Acts of in-light smoking shall be penalized in accordance with regulations on penalties for administrative violations in civil aviation sector.

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) Failing to display “non-smoking” words or signs at non-smoking areas as prescribed by law;

b) Failing to organize, instruct, inspect and expedite the implementation of smoking bans in areas under management.

3. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for commission of one of the following violations in designated smoking areas:

a) Failing to provide rooms and air ventilation systems separate from non-smoking areas;

b) Failing to provide containers of tobacco butts and ashes;

c) Failing to display signs at suitable and prominent positions;

d) Failing to provide firefighting equipment.

According to this Article, when smoking at a place with a ban in Vietnam, smokers may be warned or fined from 200,000 VND to 500,000 VND.

Best Regards!

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