Viet Nam

COMMENTS: Ministry of Health Decision No. 2019/2000/QD-BYT Provisional Regulations on the Hygiene of Cigarettes set forth packaging and labeling requirements. The decision was abrogated by Ministry of Health Decision No. 02/2007/QD-BYT dated January 15, 2007.

COMMENTS: Government Resolution No. 12/2000/NQ-CP prescribes policies to reduce demand for tobacco products including: public education; prohibitions on advertising, promotion and sponsorship; health warnings; tax and price, smoking cessation; and restrictions on public smoking. The document also prescribes policies to reduce the supply of tobacco products; expanding international cooperation; and authorization and mandates to implement the policies in the document.

COMMENTS: Decree No. 45/2005/NĐ-CP provides sanctions for, among other things, smoking in places where smoking is prohibited; sales to minors; violations of packaging and labeling requirements; and exceeding allowable tar and nicotine levels. This decree, however, has been replaced by Decree No. 176/2013/NĐ-CP on Penalties for Administrative Violations in the Health Domain.

COMMENTS: Relevant to tobacco control, Law No. 36/2005/QH11 addresses commercial advertising and promotion activities. The English translation contains both the text of the law and the accompanying presidential order promulgating the law. The Vietnamese file contains only the law itself.

COMMENTS: Ministry of Health Decision No. 02/2007/QD-BYT contains previous requirements on tobacco product packaging and labeling, among other things. The provisions on packaging and labeling, however, have been replaced by those in Joint Circular No. 05/2013/TTLT-BYT-BCT.

COMMENTS: Directive No. 12/2007/CT-TTg covers a variety of tobacco control areas. Among other things, it imposes restrictions on smoking in public places and public transport, and imposes restrictions on retail sale of tobacco products. The Directive calls for strict implementation of the ban on tobacco advertising, promotion and sponsorship. The Directive also sets forth plans for increasing the size of health warnings on tobacco product packaging and authorizes the Minister of Health to draft new regulations implementing these new health warning.

Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. We are providing it here for informational purposes only.

COMMENTS: Decree No. 119/2007/NĐ-CP regulates many aspects of tobacco growing, production and sales and marketing. Relevant to this website, the Decree specifies the size, content and format of health warnings on tobacco product packaging. It also sets forth specific allowable forms of advertising and promotion by tobacco companies.

COMMENTS: Decision No. 1315/QD-TTg sets forth plans to implement the FCTC. The Decision addresses many tobacco control policy areas including, but not limited to: tax and price; restrictions on public smoking; packaging and labeling; advertising, promotion and sponsorship; and restrictions on retail sales. The Decision authorizes and mandates various ministries to take actions to implement the plan.

COMMENTS: Decree No. 75/2010/NĐ-CP provides sanctions for, among other things, violations of advertising, promotion and sponsorship prohibitions. The English translation of the relevant provisions (Section 5) is provided embedded within the Vietnamese text. See Articles 27-33 for English translation.

COMMENTS: Joint Circular No. 05/2013/TTLT-BYT-BCT Guiding the Labeling, Printing of Health Warnings on Tobacco Packages was issued under the Law on Prevention and Control of Tobacco Harms. The Joint Circular establishes the requirements for packaging and labeling, including the requirements for health warnings. As of November 8, 2013, all packs of tobacco products are required to display the prescribed health warnings.

COMMENTS: The Law on Prevention and Control of Tobacco Harms is the primary tobacco control law governing smoke free places; tobacco advertising, promotion and sponsorship; and packaging and labeling, among other things.

Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. We are providing it here for informational purposes only.

COMMENTS: Government Decree No. 67/2013/ND-CP Detailing a Number of Articles and Measures to Implement the Law on Prevention and Control of Tobacco Harms Applicable to the Tobacco Trade contains requirements related to licensing and manufacturing.

Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. We are providing it here for informational purposes only.

Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. We are providing it here for informational purposes only.

COMMENTS: Decree No. 147/2013/ND-CP of October 30, 2013 establishes penalties for administrative violations in the field of civil aviation. Relevant to tobacco control, the decree sets the amounts of fines for smoking on aircraft.

COMMENTS: Decree No. 176/2013/NĐ-CP on Sanctions on Administrative Violations of Public Health establishes the applicable penalties for violations of the Law on Prevention and Control of Tobacco Harms and other health-related laws. This decree replaces Decree No. 45/2005/NĐ-CP. The English translation contains relevant excerpts only.

COMMENTS: Ministry of Finance letter No. 2091 TCHQ-GSQL establishes the Vietnam Tobacco Corporation (VINATABA) as the only trader allowed to import e-cigarettes.

Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. We are providing it here for informational purposes only.

Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. We are providing it here for informational purposes only.

Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. We are providing it here for informational purposes only.

COMMENTS: Ministry of Culture, Sports and Tourism Circular No. 25/2018/TT-BVHTTDL regulates the depiction of tobacco use in theatrical and cinematographic works.

COMMENTS: Ministry of Health Circular No. 11/2023/TT-BYT, Regulation on Enforcement of Smoke-Free Places and Nomination for Tobacco-Free Award establishes requirements related to and provides templates for signs for smoke-free places and designated smoking rooms. In addition, the circular specifies details of enforcement authorities. 

COMMENTS: The National Assembly Resolution No. 173/2024/QH15 takes several actions, including banning the production, trade and import of electronic cigarettes and heated tobacco products.  An updated legal analysis is forthcoming.

Note: The English translation contains relevant excerpts only.