Last updated: May 30, 2023

Penalties

Sanctions

Sales Restrictions

Fine, Other

(e.g., seizure of the product, publication of the violation/violator)

Analysis

The Decree on Sanctioning Administrative Violations in the Health Domain does not explicitly state penalties for violations of sales by vending machine. However, the law imposes a fine between 500,000 VND and 1,000,000 VND for "any act of promoting or encouraging other people using cigarettes" and a fine between 20,000,000 VND and 30,000,000 VND for "advertising cigarettes directly to consumers in any shape or form." Sales by vending machine could be interpreted as either "promoting the use of cigarettes" or "advertising cigarettes directly to consumers." Therefore, either range of fines could be applied, depending on the seriousness of the offense. The Ministry of Health and Ministry of Public Security are responsible for enforcement.

Location-based Sales Restrictions

Fine, Other

(e.g., seizure of the product, publication of the violation/violator)

Analysis

The Decree on Sanctioning Administrative Violations in the Health Domain does not explicitly state penalties for violations of location-based sales restrictions. However, the law imposes a fine between 500,000 VND and 1,000,000 VND for "any act of promoting or encouraging other people using cigarettes" and a fine between 20,000,000 VND and 30,000,000 VND for "advertising cigarettes directly to consumers in any shape or form." Selling tobacco in a prohibited location could be interpreted as either "promoting the use of cigarettes" or "advertising cigarettes directly to consumers." Therefore, either range of fines could be applied, depending on the seriousness of the offense. The Ministry of Health and Ministry of Public Security are responsible for enforcement.

Minimum Retail Package Size

Fine, Other

(e.g., seizure of the product, publication of the violation/violator)

Analysis

The Decree on Sanctioning Administrative Violations in the Health Domain does not explicitly state penalties for selling cigarettes in packs smaller than 20 cigarettes. However, the law imposes a fine between 500,000 VND and 1,000,000 VND for "any act of promoting or encouraging other people using cigarettes." Selling cigarettes in packs of less than 20 could be interpreted as "promoting the use of cigarettes" and, therefore, this fine would apply. The Ministry of Health and Ministry of Public Security are responsible for enforcement.

Minimum Legal Sales Age

Fine, Other

(e.g., seizure of the product, publication of the violation/violator)

Analysis

The Decree on Sanctioning Administrative Violations in the Health Domain imposes a fine between 100,000 VND and 300,000 VND for selling tobacco to a minor.

The Ministry of Health and Ministry of Public Security are responsible for enforcement.