Vietnam: How to handle violations of the law on tobacco harm prevention?

Tobacco is very harmful to human health, not only harmful to the person directly but also affects the people around. Thus, the National Assembly of Vietnam issued the Law on Tobacco Harm Prevention so as to effectively control and prevent the harmful effects of this product.

Xử lý vi phạm pháp luật về phòng, chống tác hại của thuốc lá, Luật phòng, chống tác hại của thuốc lá

Specifically, according to Article 32 of the Law on Tobacco Harm Prevention of Vietnam, responsibilities to handle violations of the Law on Tobacco harm prevention are specified as follows:

1. Persons competent to handle administrative violations shall inspect, promptly detect and handle acts in violation of the Law on Tobacco harm prevention; if tolerating, covering up, failing to handle or handling them not in time or not in accordance with law, they shall, depending on the nature and severity of their violations, be handled in accordance with law.

2. The Ministry of Health shall organize the handling of administrative violations of smoking at places where smoking is prohibited and violations of the Law on Tobacco harm prevention in the field assigned to it for management.

3. The Ministry of Public Security shall organize the handling of acts of smoking at places where smoking is prohibited and violations of the Law on Tobacco harm prevention in the field assigned to it for management.

4. The Ministry of Industry and Trade shall be in charge and cooperate with related ministries and sectors in organizing the handling of administrative violations of trading in smuggled and fake tobacco in the field assigned to it for management.

5. The Ministry of National Defense shall be in charge and cooperate with related ministries and sectors in organizing the handling of violations of trading in smuggled and fake tobacco in border areas and the field assigned to it for management.

6. Ministries, ministerial-level agencies shall be in charge and cooperate with related ministries and sectors in organizing the handling of administrative violations of the Law on Tobacco harm prevention in the fields assigned to them for management.

7. The People's Committees at all levels shall be in charge and cooperate with related agencies and organizations in organizing, directing, arranging forces and assigning specific responsibilities to related organizations and individuals for the handling of administrative violations of smoking at places where smoking is prohibited and of trading in smuggled and fake tobacco. Commune-level People's Committee chairmen shall be in charge of organizing the handling of acts of smoking at public places where smoking is prohibited under their management.

8. Agencies and persons competent to inspect and examine the implementation of the Law on Tobacco harm prevention specified in Clauses 2,4,6 and 7 of this Article, if detecting violations with criminal signs, shall transfer the cases to procedural agencies for examining penal liability in accordance with law.

View more details at the Law on Tobacco Harm Prevention of Vietnam, officially effective from January 01, 2013.

Ty Na

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