Shall a fine up to VND 1,000,000 impose for forcing others to use tobacco in Vietnam?

Recently, the Government of Vietnam issued Decree 117/2020/ND-CP stipulating the administrative penalties in the field of healthcare.

Forcing  others  to  use  tobacco,  Decree  117/2020/ND-CP

Shall a fine up to VND 1,000,000 impose for forcing others to use tobacco in Vietnam? (Illustration)

In Article 29 of Decree 117/2020/ND-CP, the penalties for other violations related to tobacco harm prevention are regulated as follows:

1. Warning or a fine from 200,000 VND to 500,000 VND for individuals aged from 16 to under 18 years old who use tobacco.

2. A fine from 500,000 VND to 1,000,000 VND for any of the following acts:

- Encouraging or forcing others to use tobacco;

- Using individuals under 18 years old to buy tobacco.

3. A fine from 3,000,000 VND to 5,000,000 VND for any of the following acts:

- Using tobacco images in press, publications dedicated to children;

- Providing unscientific, inaccurate information about tobacco and its harm;

- Failing to incorporate tobacco harm prevention into annual activity plans, failing to include regulations on prohibiting smoking at the workplace in internal rules;- Failing to restrict images of actors using tobacco in theatrical, cinematic works according to legal regulations.

4. A fine from 20,000,000 VND to 30,000,000 VND for any of the following acts:

- Using the name, brand, and logo of tobacco products with other products or services;

- Directly marketing tobacco to consumers in any form;

- Allowing organizations or individuals to directly market tobacco to consumers at managed and operated facilities;

- Late payment of mandatory contributions as per legal regulations;

- False declaration leading to underpayment of mandatory contributions as per legal regulations;

- Utilizing support funds from the Tobacco Harm Prevention Fund not conforming to legal regulations;

- Enterprises, media outlets disseminating information or announcing sponsorship from tobacco business organizations or individuals.

5. A fine from 30,000,000 VND to 40,000,000 VND for any of the following acts:

- Engaging in sponsorship activities in any form, except as permitted by law;

- Evading or committing fraud in mandatory contributions as per legal regulations.

More details can be found in Decree 117/2020/ND-CP, effective from November 15, 2020.

Thuy Tram

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