Is it possible to smoke on the train in Vietnam?

Is it possible to smoke on the train in Vietnam?

Pursuant to Article 12 of the Law on Tobacco harm prevention 2012, regulations on places where smoking is prohibited indoors but with separate areas for smokers are as follows:

1. Non-smoking indoor places allowed to have areas reserved exclusively for smokers include:

a/ International areas in airports;

b/ Bars, karaoke clubs, dance halls, hotels and tourist accommodation establishments;

c/ Means of public transportation being ships and trains.

2. The smokers’ area must satisfy the following conditions:

a/ Having rooms with air ventilation systems separate from non-smoking areas;

b/ Having containers for tobacco filters and ashes and noticeable signboards;

c/ Having fire prevention devices.

3. Heads of places specified in Clause 1 of this Article are encouraged to prohibit smoking in all indoor areas.

4. The Government shall change the places specified in Clause 1 of this Article into those where smoking is completely prohibited indoors that suit each period.

In addition, Article 10 of Decree 77/2013/ND-CP guides change of indoor non-smoking locations with places reserved for smokers to the indoor complete non-smoking locations as follows:

1. The Ministry of Health shall assume the prime responsibility for, and coordinate with relevant Ministries, sectors and localities in monitoring execution and assessing implementation of provisions on indoor non-smoking locations with places reserved for smokers and proposing to the Government for regulation which changes such locations to the indoor complete non-smoking locations when meet requirements at Clause 2 of this Article.

2. Change of indoor non-smoking locations with places reserved for smokers to the indoor complete non-smoking locations in conformity with each period must ensure the following requirements:

a) To be suitable with orientations, policies of State on tobacco harm prevention; requirements on preventing and reducing tobacco harm for health;

b) People’s awareness level of tobacco harm for health;

c) Quantity of smoking persons at reserved places is not many;

d) Having a suitable roadmap to ensure feasibility;

e) Conformity with conditions and tendency of countries in region and on the world.

3. Content of proposal about change of indoor non-smoking locations with places reserved for smokers to the indoor complete non-smoking locations must include:

a) Assessment report about implementation of provision on non-smoking places;

b) List and roadmap of places which need turn into the indoor complete non-smoking places under the following priority level:

- Public means of transport such as ships, trains;

- Isolation areas of airport;

- Hotels, tourism accommodation establishments, bars, karaoke rooms, discotheque.

c) Tentative effects of changing the indoor non-smoking locations with spaces reserved for smokers into the indoor complete non-smoking locations.

Thus, you can smoke on trains, which are public vehicles, but must meet all the conditions prescribed by law according to Clause 2, Article 12 of the Law on Tobacco harm prevention 2012.

Is it possible to smoke on the train in Vietnam? (Image from the Internet)

Is there a penalty for smoking at the wrong place in Vietnam? How much is fine for this act in Vietnam?

Pursuant to the provisions of Article 11 of the Law on Tobacco harm prevention 2012, regulations on places where smoking is completely prohibited are as follows:

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.

In addition, Article 25 of Decree 117/2020/ND-CP stipulates violations against regulations on non-smoking areas as follows:

Violations against regulations on non-smoking areas

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.

Thus, people who smoke in the wrong place may be given a warning or fine ranging from 200,000 VND to 500,000 VND according to the provisions of law in Vietnam.

In the above case, your friend may be given a warning and fine from 200,000 VND to 500,000 VND due to smoking at work as prescribed in Clause 1, Article 25 of Decree 117/2020/ND-CP in Vietnam.

Best regards!