Last updated: May 30, 2023
Duties / Penalties
Post signs
The law requires "No smoking" signs to be placed in smoke-free places. Templates are provided in Ministry of Health Circular No. 11/2023, along with details about where signs must be located in different premises. Similarly, the law requires that signs are posted to identify designated smoking areas.
Under Decree No. 176/2013/NĐ-CP, failure to post required signs is punishable by a fine of between 3,000,000 VND and 5,000,000 VND. There are also fines for failure to post appropriate signs indicating designated smoking rooms. Violations are punishable by of fine of between 5,000,000 VND and 10,000,000 VND.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to imposing a duty upon owners to post signs.
Remove ashtrays
The law prohibits the provision of ashtrays in places where smoking is prohibited. However, there are no associated penalties for provision of ashtrays.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose sanctions for violation of the duty to remove ashtrays from smoke-free places.
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
The head of a facility where smoking is prohibited is given the right to take steps to require a person to stop smoking. However, the law does not appear to require the head of a facility to take these steps. Specifically, the head of the facility may ask the person to stop smoking, request smokers to leave, and refuse to receive or provide service.
Although the law does not appear to impose a duty to enforce, Decree No. 176/2013/NĐ-CP imposes sanctions - a failure to take these steps is punishable by a fine of between 3,000,000 VND and 5,000,000 VND.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law or regulations should impose a duty upon the owner, manager, or other person in charge of the premises to require a person to stop smoking, not merely guiding and urging compliance.
Other
Under Decree No. 176/2013/ND-CP, failure to have designated smoking rooms with ventilation in those places where permitted (airport waiting areas, bars, karaoke lounges, discos, hotels, guesthouses, ships, and trains) is punishable by a fine of between 5,000,000 VND and 10,000,000 VND. These rooms must also be marked by signs and have an ashtray or other receptacle for cigarette butts.
Not to smoke where prohibited
Under Decree No. 176/2013/ND-CP, smoking in places where smoking is prohibited is punishable by a warning or a fine of between 100,000 VND and 300,000 VND. In addition, Decree No. 147/2013/ND-CP establishes fines for smoking on aircraft.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to placing a duty upon smokers not to smoke where prohibited.
