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Term --FCTC-Based Definition Viet Nam
Workplace View Definition

An area, permanent or temporary, in which a person performs duties of employment or work, regardless of whether the work is done for compensation or on a voluntary basis, and includes private offices, common areas and any other area which generally is used or frequented during the course of employment or work. (FCTC Art. 8 Guidelines para. 20)

Defined
Yes
Analysis

The definition in the law may be limiting in that it does not specifically cover voluntary work or make it clear that common and other areas used incidental to work are covered. To ensure enforcement of the smoking prohibition in all part of all indoor workplaces, a definition of “workplace” should be provided in accordance with the definition provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Public Transport View Definition

Any vehicle used for the carriage of members of the public, usually for reward or commercial gain. (FCTC Art. 8 Guidelines para. 22)

Not Defined
No
Analysis

The law prohibits smoking on “public means of transport” but this term is not defined. Failure to define this key term can undermine the application of substantive provisions of the law.

To ensure comprehensive coverage and interpretation of the law, a definition of “public transport” or similar terms should be provided in accordance with the definition provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Second Hand Smoke (or similar term) View Definition

The smoke emitted from the burning end of a cigarette or from other tobacco products usually in combination with the smoke exhaled by the smoker. (FCTC Art. 8 Guidelines para. 15)

Not Defined
No
Analysis

Although this term is not defined, a definition is not strictly necessary because the term is not used in the law. The law prohibits smoking in public places and certain other areas rather than, for example, "no person shall be exposed to second hand smoke in public places."

Not Applicable
Not Applicable
Smoking or Smoke View Definition

Being in possession or control of a lit tobacco product regardless of whether the smoke is being actively inhaled or exhaled. (FCTC Art. 8 Guidelines para. 17)

Not Defined
No
Analysis

Although “smoking/smoke” has a plain meaning, the FCTC Art. 8 Guidelines make it clear that the term includes being in possession or control of a lit tobacco product so that proof of active smoking is not required.

To avoid any opportunity for making a technical argument that a person was not actively inhaling or exhaling a lit tobacco product, the term “smoking or smoke” should be defined in accordance with the definition provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Public Place View Definition

An area, permanent or temporary, that is accessible to the general public or for collective use by the general public regardless of ownership or right of access. (FCTC Art. 8 Guidelines para. 18)

Defined
Yes
Analysis

The definition in law could be interpreted more narrowly than the definition in the FCTC Art. 8 Guidelines in that it refers to places serving “many people”. In general, however, the term can be construed as generally in line with the FCTC Art. 8 Guidelines. To avoid a potentially more narrow interpretation, the definition should more closely align with the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Tobacco Product View Definition

Any product entirely or partly made of the leaf tobacco as a raw material which is manufactured to be used for smoking, sucking, chewing, or snuffing. (FCTC Art. 1(f))

Defined
Yes
Analysis

These related definitions, taken together, align with the definition of tobacco product provided for in FCTC Art. 1(f).

Not Applicable
Not Applicable
Indoor or Enclosed View Definition

Any space covered by a roof or enclosed by one or more walls or sides, regardless of the type of material used for the roof, walls or sides, and regardless of whether the structure is permanent or temporary. (FCTC Art. 8 Guidelines para. 19)

Defined
Yes
Analysis

It is not entirely clear whether the term “indoor areas” requires a roof or one or more walls or partitions or whether the term requires a roof and one or more walls or partitions. To clearly align with the definition provided in the FCTC Art. 8 Guidelines, the law should use the disjunctive “or”.

Not Applicable
Not Applicable
Viet Nam
All indoor workplaces
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law prohibits smoking in workplaces, but allows for the designation of ventilated rooms for smoking in the following specified places that are both workplaces and public places: airport waiting areas, bars, karaoke lounges, discos, hotels, and guesthouses. Accordingly, the regulatory status code of “Smoking is Restricted” is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor workplaces to be 100% smoke free.

Not Applicable
Not Applicable
All indoor public places
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law prohibits smoking in public places, but allows for the designation of smoking rooms with ventilation in the following specified places that are both public places and workplaces: airport waiting areas, bars, karaoke lounges, discos, hotels, and guesthouses. Accordingly, the regulatory status code of “Smoking is Restricted” is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places to be 100% smoke free.

Not Applicable
Not Applicable
All public transport
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law prohibits smoking on public transport, but allows for the designation of smoking rooms with ventilation on ships and trains. Accordingly, the regulatory status code of “Smoking is Restricted” is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all means of public transport to be 100% smoke free.

Not Applicable
Not Applicable
Government facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in indoor government facilities. Therefore, the law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to government facilities.

Not Applicable
Not Applicable
Private offices
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law bans smoking in indoor public places and workplaces except in airport waiting areas, bars, karaoke lounges, discos, hotels, and guesthouses. Because private offices are not among those places listed as exceptions, smoking is prohibited in all indoor private offices. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to private offices.

Not Applicable
Not Applicable
Hospitals
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in indoor and outdoor areas of health facilities. Therefore, the law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to hospitals.

Not Applicable
Not Applicable
Residential healthcare facilities - public areas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in indoor and outdoor areas of health facilities. Therefore, the law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to public areas of residential healthcare facilities.

Not Applicable
Not Applicable
Non-residential healthcare facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in indoor and outdoor areas of health facilities. Therefore, the law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to public areas of non-residential healthcare facilities.

Not Applicable
Not Applicable
Childcare facilities/preschools
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in all indoor and outdoor childcare facilities and entertainment areas designated for children. Therefore, the law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to childcare facilities/preschool.

Not Applicable
Not Applicable
Primary and secondary schools
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law comprehensively prohibits smoking in indoor and outdoor education facilities other than universities, colleges, and academic institutes, where smoking is banned indoors. Therefore, the law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to primary and secondary schools.

Not Applicable
Not Applicable
Universities/vocational facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in indoor areas of universities, colleges, and academic institutes. Therefore, the law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to universities/vocational facilities.

Not Applicable
Not Applicable
Shops
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law bans smoking in indoor public places and workplaces except in airport waiting areas, bars, karaoke lounges, discos, hotels, and guesthouses. Therefore, the law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to stores or shops.

Not Applicable
Not Applicable
Cultural facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law bans smoking in indoor public places and workplaces except in airport waiting areas, bars, karaoke lounges, discos, hotels, and guesthouses. Therefore, the law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to cultural facilities.

Not Applicable
Not Applicable
Indoor stadium/arenas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law bans smoking in indoor public places and workplaces except in airport waiting areas, bars, karaoke lounges, discos, hotels, and guesthouses. Therefore, the law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to indoor stadiums/arenas.

Not Applicable
Not Applicable
Restaurants
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law bans smoking in indoor public places and workplaces except in airport waiting areas, bars, karaoke lounges, discos, hotels, and guesthouses. Therefore, the law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to restaurants.

Not Applicable
Not Applicable
Bars/pubs/nightclubs
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law bans smoking in indoor public places and workplaces except in airport waiting areas, bars, karaoke lounges, discos, hotels, and guesthouses. Designated smoking rooms with ventilation are permitted in those places specified. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all indoor workplaces and public places without exception, including bars, pubs, and nightclubs.

Not Applicable
Not Applicable
Casinos
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law bans smoking in indoor public places and workplaces except in airport waiting areas, bars, karaoke lounges, discos, hotels, and guesthouses. Therefore, the law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to casinos.

Not Applicable
Not Applicable
Hotels/lodging - public areas
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law bans smoking in indoor public places and workplaces except in airport waiting areas, bars, karaoke lounges, discos, hotels, and guesthouses. Designated smoking rooms with ventilation are permitted in those places specified. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all indoor workplaces and public places without exception, including all parts of hotels.

Not Applicable
Not Applicable
Hotels/lodgings - guest rooms
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law bans smoking in indoor public places and workplaces except in airport waiting areas, bars, karaoke lounges, discos, hotels, and guesthouses. Designated smoking rooms with ventilation are permitted in those places specified. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all indoor workplaces and public places without exception, including hotels/lodging guest rooms.

Not Applicable
Not Applicable
Prisons/detention facilities - public areas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law bans smoking in indoor public places and workplaces except in airport waiting areas, bars, karaoke lounges, discos, hotels, and guesthouses. Therefore, the law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to public areas in prisons/detention facilities.

Not Applicable
Not Applicable
Trains, buses and other shared ground transportation other than taxis
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law prohibits smoking in public means of transport that are automobiles, airplanes, and sky trains/metros, but authorizes smoking rooms with ventilation on ships and trains. By allowing smoking rooms in trains and ships, the law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, smoking should be completely prohibited on all means of public transport.

Not Applicable
Not Applicable
Taxis (for-hire vehicle)
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law specifically prohibits smoking in automobiles, airplanes, and sky trains/metros. Therefore, the law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to taxis.

Not Applicable
Not Applicable
Commercial aircraft
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law specifically prohibits smoking in airplanes. Therefore, the law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial aircraft.

Not Applicable
Not Applicable
Commercial watercraft
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law specifically prohibits smoking in public means of transport that are automobiles, airplanes, and sky trains/metros, but authorizes smoking rooms with ventilation on ships and trains. By allowing smoking rooms on ships and trains, the law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, smoking should be completely prohibited on all means of public transport, including ships and all other commercial watercraft.

Not Applicable
Not Applicable
Public transport facilities (waiting areas for mass transit)
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law bans smoking in public transport facilities with the exception of airports. In airport waiting areas, designated smoking rooms with ventilation are permitted. Because the law authorizes smoking rooms with ventilation in airport waiting areas, it does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, smoking should be prohibited in all indoor public and workplaces, including waiting areas in all public transport facilities.

Not Applicable
Not Applicable
Viet Nam
Does the law require any outdoor or quasi-outdoor spaces to be smoke free or restrict smoking in any way?
Yes
Yes
Not Applicable
Not Applicable
Viet Nam
Post signs
Yes
Yes
Analysis

Signs must have the text or symbol of “No smoking.” Placement of signs is not specified in the law. 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.

Not Applicable
Not Applicable
Remove ashtrays
No
No
Analysis

There is no duty imposed upon business owners, employers, or supervisors to remove ashtrays from the premises. There is, however, a duty to provide ashtrays in designated smoking rooms.

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 remove ashtrays from the premises.

Not Applicable
Not Applicable
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
No
No
Analysis

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.

Not Applicable
Not Applicable
Not to smoke where prohibited
Yes
Yes
Analysis

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.

Not Applicable
Not Applicable
Other
Yes
Yes
Analysis

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 Applicable
Not Applicable
Viet Nam
Are sub-national jurisdictions permitted to have smoke-free laws?
Yes
Yes
Not Applicable
Not Applicable