Laws

Ministry of Health Decision No. 2019/2000/QD-BYT Provisional Regulations on the Hygiene of Cigarettes

01 Jul, 2000

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.

Government Resolution No. 12/2000/NQ-CP on “National Tobacco Control Policy” 2000 – 2010

14 Aug, 2000

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.

Decree No. 45/2005/NĐ-CP of May 6, 2005 on Sanctions Imposed on Administrative Violations of Public Health

21 May, 2005

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 This decree, however, has been replaced by Decree No. 176/2013/NĐ-CP on Penalties for Administrative Violations in the Health Domain.

Law No. 36/2005/QH11 on Commercial Law and State President Order No. 10/2005/L-CTN of June 27, 2005 on the Promulgation of Law No. 36

01 Jan, 2006

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.

Ministry of Health Decision No. 02/2007/QD-BYT Regarding the Promulgation of Safety and Hygiene Regulations for Tobacco Products

30 Jan, 2007

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 The provisions on packaging and labeling, however, have been replaced by those in Joint Circular No. 05/2013/TTLT-BYT-BCT.

Prime Minister Directive No. 12/2007/CT-TTg on Strengthening Tobacco Control Activities

10 May, 2007

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.

Prime Minister Decision No. 88/2007/QD-TTg Approving the Overall Strategy of Viet Nam's Tobacco Industry up to 2010 and a Vision towards 2020

28 Jun, 2007

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.

Decree No. 119/2007/NĐ-CP on Tobacco Manufacturing and Trading

02 Aug, 2007

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.

Prime Minister Decision No. 1315/QD –TTg on Ratification of the Plan for the Implementation of the Framework Convention on Tobacco Control

21 Aug, 2009

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.

Decree No. 75/2010/NĐ-CP on Sanctions Imposed on Administrative Violations in Cultural Sector

01 Sep, 2010

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.

Joint Circular No. 05/2013/TTLT-BYT-BCT Guiding the Labeling, Printing of Health Warnings on Tobacco Packages

01 May, 2013

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.

Law No. 09/2012/QH13, Law on Prevention and Control of Tobacco Harms

01 May, 2013

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.

Prime Minister Decision No. 47/2013/QD-TTg on the Establishment and Approval of Bylaws Governing the Organization and Activities of Vietnam Tobacco Control Fund

29 Jul, 2013

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.

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

15 Aug, 2013

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.

Decree No. 77/2013/ND-CP Detailing the Implementation of the Law on Prevention and Control of Tobacco Harms Regarding a Number of Measures to Prevent and Control the Harmful Effects of Tobacco

15 Sep, 2013

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.

Ministry of Industry and Trade Circular No. 21/2013/TT-BCT Detailing a Number of Articles of Government Decree No. 67/2013/ND-CP Detailing a Number of Articles and Measures to Enforce the Law on Prevention and Control of Tobacco Harms in Tobacco Trading

25 Sep, 2013

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.

Decree No. 147/2013/ND-CP of October 30, 2013 on Penalties for Administrative Offenses in the Civil Aviation Sector

25 Dec, 2013

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.

Decree No. 176/2013/NĐ-CP on Sanctions on Administrative Violations of Public Health

31 Dec, 2013

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.

Ministry of Finance Letter regarding customs procedures for importing electronic cigarettes No. 2091 TCHQ-GSQL

28 Feb, 2014

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

Ministry of Health Circular No. 23/2015/TT-BYT

01 Nov, 2015

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.

QCVN 16-1:2015/BYT National Technical Regulation for Tobacco (attached to Ministry of Health Circular No. 23/2015/TT-BYT)

01 Nov, 2015

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.

Ministry of Finance Decision No. 70/QD-BTC Promulgating Minimum Selling Price of Cigarettes

15 Jan, 2016

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.

Ministry of Culture, Sports and Tourism Circular No. 25/2018/TT-BVHTTDL

15 Nov, 2018

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

Ministry of Health Circular No. 11/2023/TT-BYT, Regulation on Enforcement of Smoke-Free Places and Nomination for Tobacco-Free Award

01 Aug, 2023

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. 

To the best of our knowledge, all laws provided here are in effect as of May 30, 2023 unless otherwise noted.