Last updated: May 30, 2023
Penalties
Advertising and Promotion
(e.g., seizure of the product, publication of the violation/violator)
Ministry of Information and Communication; Ministry of Industry and Commerce; Ministry of Health; Ministry of Public Security; Other ministries and ministerial-level agencies
The Ministry of Information and Communication is responsible for preventing placement of advertising, promotion and sponsorship by tobacco companies on mass media and publications and controlling tobacco advertising, promotion and sponsorship by tobacco companies.
The Ministry of Health is responsible for issuing fines for violations of the tobacco control law in the areas and sectors under the Ministry’s management.
The Ministry of Public Security is responsible for handling violations of the tobacco control law in the areas under the ministry’s management and coordinating with the Ministry of Industry and Commerce to enforce fines for violations of tobacco control regulations.
Other ministries and ministerial-level agencies are responsible for and must coordinate with relevant ministries to organize the handling of administrative violations of the tobacco control law in the field of their assigned responsibility.
The Cultural Sector Administrative Violations Decree provides for:
- fines ranging from 500,000 VND to 5,000,000 VND for advertising tobacco products on painting, picture, billboard, flyer, fold-out, parasol, cart, flag streamer, and other similar forms of advertising; and
- fines ranging from 10,000,000 VND to 20,000,000 VND for advertising on cargo boxes affixed to motorcycles, means of transportation, other moving objects, or kept stationary at public places. Sanctions also include seizure of evidence, such as the advertising object. The law does not specifically state which entities may be held responsible, i.e., whether advertising companies as well as manufacturers/importers/retailers of tobacco products may be held responsible.
Sanctions are also provided under Decree No. 176/2013/NĐ-CP. Violations of the ban on direct marketing to consumers and violations of the ban on brand stretching are punishable by a fine of between 20,000,000 VND and 30,000,000 VND. Brand stretching items are to be withdrawn from the market. The use of pictures of cigarettes in newspapers or other publications specifically aimed at children is punishable by a fine of between 3,000,000 VND to 5,000,000 VND. Violations of the requirement that retail display of cigarettes be limited to one pack/carton/box per brand are punishable by a fine of between 1,000,000 VND and 2,000,000 VND.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should specify who may be held responsible, provide for a range of penalties, including higher fines for repeat offenses, cumulative fines, and license suspension and revocation.
Sponsorship
(e.g., seizure of the product, publication of the violation/violator)
Ministry of Information and Communication; Ministry of Industry and Commerce; Ministry of Health; Ministry of Public Security; Other ministries and ministerial-level agencies
The Ministry of Information and Communication is responsible for preventing placement of advertising, promotion and sponsorship by tobacco companies on mass media and publications and controlling tobacco advertising, promotion and sponsorship by tobacco companies.
The Ministry of Health is responsible for issuing fines for violations of the tobacco control law in the areas and sectors under the Ministry’s management.
The Ministry of Public Security is responsible for handling violations of the tobacco control law in the areas under the ministry’s management and coordinating with the Ministry of Industry and Commerce to enforce fines for violations of tobacco control regulations.
Other ministries and ministerial-level agencies are responsible for and must coordinate with relevant ministries to organize the handling of administrative violations of the tobacco control law in the field of their assigned responsibility.
The law is interpreted as providing the same sanctions for violations relating to publicity of sponsorship as those for advertising. The Cultural Sector Administrative Violations Decree provides for:
- fines ranging from 500,000 VND to 5,000,000 VND for advertising tobacco products on painting, picture, billboard, flyer, fold-out, parasol, cart, flag streamer, and other similar forms of advertising; and
- fines ranging from 10,000,000 VND to 20,000,000 VND for advertising on cargo boxes affixed to motorcycles, means of transportation, other moving objects, or kept stationary at public places. Sanctions also include seizure of evidence, such as the advertising object. The law does not specifically state which entities may be held responsible, i.e., whether advertising companies as well as manufacturers/importers/retailers of tobacco products may be held responsible.
Sanctions are also provided under Decree No. 176/2013/NĐ-CP. Violations of the provisions on sponsorship are punishable by a fine of between 30,000,000 VND and 40,000,000 VND.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should specify who may be held responsible, provide for a range of penalties, including higher fines for repeat offenses, cumulative fines, and license suspension and revocation.
