07 Measures for preventing smuggled and fake tobacco in Vietnam

07 Measures for preventing smuggled and fake tobacco in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

07 Measures for preventing smuggled and fake tobacco in Vietnam

According to Article 26 of the Law on Tobacco harm prevention 2012, measures for preventing smuggled and fake tobacco include:

(1) To conduct awareness-raising propagation and education so that people do not trade, transport, store and use smuggled and fake tobacco.

(2) To organize and ensure adequate manpower, funds and means for forces to prevent and control smuggled and fake tobacco.

(3) To periodically and regularly organize inspections and examinations and handle acts of trading in smuggled and fake tobacco.

(4) To confiscate and destruct fake tobacco; to confiscate and destruct machines and equipment used for manufacture of fake tobacco. The destruction must be carried out by measures to ensure safety for the environment. The destruction costs shall be paid by violators. If violators are unidentifiable, the destruction costs shall be covered by the state budget.

(5) The handling of smuggled tobacco complies with regulations of the Government.

(6) To provide material and spiritual incentives for agencies, organizations and individuals that have detected and denounced acts of trading in smuggled and fake tobacco.

(7) To assure provincial- and national-level coordination with neighboring and related countries in the prevention of the trading of smuggled and fake tobacco.

What is the fine level for the act of trading in smuggled tabacco in Vietnam?

Individuals who commit acts of trading in smuggled tabacco (not yet to the extent of criminal prosecution) will be subject to the fine levels specified in Article 8 of Decree 98/2020/ND-CP, specifically as follows:

- A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed for trading in less than 50 contraband cigarette packs (1 pack contains 20 cigarettes; with regard to contraband cigars and other finished tobacco products, 1 pack = 20 g)

- A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for trading in from 50 packs to less than 100 packs.

- A fine ranging from VND 5,000,000 to VND 10,000,000shall be imposed for trading in 100 packs to under 300 packs.

- A fine ranging from VND 10,000,000 to VND 30,000,000 shall be imposed for trading in 300 packs to under 500 packs.

- A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for trading in 500 packs to less than 1,000 packs.

- A fine ranging from VND 50,000,000 to VND 70,000,000 shall be imposed for trading in 1,000 packs to less than 1,200 packs.

- A fine ranging from VND 70,000,000 to VND 90,000,000 shall be imposed for trading in 1,200 packs to less than 1,500 packs.

- A fine ranging from VND 90,000,000 to VND 100,000,000 sshall be imposed for trading in from 1,500 packs or more.

In case administrative violations are committed by organizations, a fine twice the amount of fines prescribed for individuals shall be imposed. (Point b, Clause 4, Article 4 of Decree 98/2020/ND-CP, as amended in Decree 17/2022/ND-CP)

Responsibilities to prevent smuggled and fake tobacco in Vietnam

Specifically, according to Article 27 of the Law on Tobacco harm prevention 2012 stipulates the responsibilities to prevent smuggled and fake tobacco:

- The Minister of Industry and Trade, the Minister of Finance, the Minister of Public Security, the Minister of National Defense and the Minister of Health shall, within the scope of their respective tasks and powers, organize the prevention of smuggled and fake tobacco.

- The People's Committees at all levels be in charge and cooperate with related local agencies in organizing, directing and arranging forces and assigning specific responsibilities to related agencies for preventing and controlling smuggled and fake tobacco.

- The Minister of Finance and Presidents of Provincial People’s Committees shall ensure budget for the prevention of smuggled and fake tobacco.

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