Last updated: May 30, 2023
Other Packaging and Labeling Requirements
Warning requirements on unit packaging and labeling (e.g., packs)
The circular uses the term “packet” in applying the warnings requirements and is defined it in a way that covers unit packaging and labeling. Therefore, warnings are required on all unit packaging and labeling and the circular meets FCTC Art. 11.
Warning/messages required on outside packaging and labeling (e.g., cartons)
The circular uses the term “packet” in applying the warnings requirements and is defined in a way that covers outside packaging and labeling. Therefore, warnings are required on all outside packaging and labeling and the circular meets FCTC Art. 11.
Warning texts must be in the principal language(s) of the country
The law requires the warnings to be in the Vietnamese language. Therefore, the law meets FCTC Art. 11.
A requirement that warnings or messages may not be placed where they may be permanently damaged or concealed when opening the pack
Neither the law nor the circular specifies that warnings or messages may not be placed where they may be permanently damaged or concealed when opening the pack.
To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law or circular should specify that warnings or messages may not be placed where they may be permanently damaged or concealed when opening the pack.
A requirement that tax stamps or other required markings may not be placed where they may conceal warnings or messages
Neither the law nor the circular requires that tax stamps and other required markings are not placed where they may conceal the prescribed health warnings. The circular makes a specific exception for “stamping as regulated” to the requirement that the warnings not be hidden or obscured by other materials or images.
To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the law or circular should require that tax stamps and other required markings are not placed where they may conceal the prescribed health warnings.
A requirement to display qualitative (descriptive) constituents and emissions messages
Neither the law nor the circular addresses disclosure of information on constituents and emissions on packs.
To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the display of prescribed qualitative (descriptive) constituents and emissions statements should be required.
Prohibition on the display of figures for emission yields (including tar, nicotine, and carbon monoxide)
Neither the law nor circular prohibits the display of figures for emissions yields on product packaging.
To align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, the display of quantitative yield information should be prohibited.
Plain or standardized packaging
Plain packaging of tobacco products is not required in Viet Nam. The FCTC Art. 11 Guidelines provide that Parties should consider adopting plain packaging measures that restrict or prohibit the use of logos, colors, brand images, or other promotional information on packaging other than brand and product names displayed in a standard color and font style. Plain packaging aims to reduce the appeal of tobacco products, to increase the noticeability of health warnings, and to reduce the ability of the packaging of tobacco products to mislead consumers about the harmful effects of smoking.
Prohibition on misleading tobacco packaging & labeling including terms, descriptors, trademarks, figurative or other signs (logos, colors, images that directly create a false impression that a tobacco product is less harmful than other tobacco products)
The law prohibits the use of misleading terms and the circular prohibits the use of “forms or words” that are misleading in that they result in a suggestion that one tobacco product is less harmful than others or is less harmful to the human health. However, exemptions are provided for products that are registered for intellectual property in Viet Nam prior to the enactment of the law. Therefore, the regulatory status code "Some Restrictions" is assigned.
To fully meet FCTC Art. 11, all forms of misleading packaging and labeling should be prohibited.
