Last updated: May 30, 2023

Penalties

Violator
Enforcement Agency
Sanction(s)

Manufacturer

Ministry of Health, Ministry of Trade, and Peoples’ Committees at the provincial and city level
Fine, License suspension or revocation, Other

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

Analysis

The Ministry of Health and the Ministry of Trade are responsible for guiding, monitoring, and organizing implementation of the 2013 Packaging and Labeling Circular. The Peoples’ Committees are to direct the responsible Ministry of Health and Ministry of Trade departments in their localities.

The 2012 law provides for administrative discipline and criminal liability of organizations and individuals who violate provisions of the law. The 2013 Packaging and Labeling Circular specifies that domestic and international organizations and individuals who participate in the tobacco business are responsible for compliance with the Circular. This would include tobacco product manufacturers, importers, wholesalers, and retail establishments that sell tobacco products.

Under Decree No. 176/2013/NĐ-CP, failure to print health warnings according to design, position, size, and color requirements and the use of misleading packaging and labeling are each punishable by a fine of between 20,000,000 VND and 30,000,000 VND. These violations may also result in suspension of license to manufacture, import, or sell tobacco products for a period of between three and six months.

Producing or importing tobacco products without adhering to regulations regarding packaging and labeling is punishable by a fine of between 30,000,000 VND and 40,000,000 VND. These products may also be subject to confiscation.

Although the penalties align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, providing for increased sanctions for repeat offenses, as recommended in the FCTC Art. 11 Guidelines, would enhance enforcement.

Importer

Ministry of Health, Ministry of Trade, and Peoples’ Committees at the provincial and city level
Fine, License suspension or revocation, Other

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

Analysis

The Ministry of Health and the Ministry of Trade are responsible for guiding, monitoring, and organizing implementation of the 2013 Packaging and Labeling Circular. The Peoples’ Committees are to direct the responsible Ministry of Health and Ministry of Trade departments in their localities.

The 2012 law provides for administrative discipline and criminal liability of organizations and individuals who violate provisions of the law. The 2013 Packaging and Labeling Circular specifies that domestic and international organizations and individuals who participate in the tobacco business are responsible for compliance with the Circular. This would include tobacco product manufacturers, importers, wholesalers, and retail establishments that sell tobacco products.

Under Decree No. 176/2013/NĐ-CP, failure to print health warnings according to the requirements and the use of misleading packaging and labeling are each punishable by a fine of between 20,000,000 VND and 30,000,000 VND. These violations may also result in suspension of license to manufacture, import, or sell tobacco products for a period of between three and six months.

Producing or importing tobacco products without adhering to regulations regarding packaging and labeling is punishable by a fine of between 30,000,000 VND and 40,000,000 VND. These products may also be subject to confiscation.

Although the penalties align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, providing for increased sanctions for repeat offenses, as recommended in the FCTC Art. 11 Guidelines, would enhance enforcement.

Wholesaler

Ministry of Health, Ministry of Trade, and Peoples’ Committees at the provincial and city level
Fine, Other

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

Analysis

The Ministry of Health and the Ministry of Trade are responsible for guiding, monitoring, and organizing implementation of the 2013 Packaging and Labeling Circular. The Peoples’ Committees are to direct the responsible Ministry of Health and Ministry of Trade departments in their localities.

The 2012 law provides for administrative discipline and criminal liability of organizations and individuals who violate provisions of the law. The 2013 Packaging and Labeling Circular specifies that domestic and international organizations and individuals who participate in the tobacco business are responsible for compliance with the Circular. This would include tobacco product manufacturers, importers, wholesalers, and retail establishments that sell tobacco products.

Under Decree No. 176/2013/NĐ-CP, the sale of tobacco products that do not have health warnings is punishable by a fine of between 1,000,000 VND and 2,000,000 VND, and the products are subject to confiscation.

Although the penalties align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, providing for increased sanctions for repeat offenses, as recommended in the FCTC Art. 11 Guidelines, would enhance enforcement.

Retailer

Ministry of Health, Ministry of Trade, and Peoples’ Committees at the provincial and city level
Fine, Other

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

Analysis

The Ministry of Health and the Ministry of Trade are responsible for guiding, monitoring, and organizing implementation of the 2013 Packaging and Labeling Circular. The Peoples’ Committees are to direct the responsible Ministry of Health and Ministry of Trade departments in their localities.

The 2012 law provides for administrative discipline and criminal liability of organizations and individuals who violate provisions of the law. The 2013 Packaging and Labeling Circular specifies that domestic and international organizations and individuals who participate in the tobacco business are responsible for compliance with the Circular. This would include tobacco product manufacturers, importers, wholesalers, and retail establishments that sell tobacco products.

Under Decree No. 176/2013/NĐ-CP, the sale of tobacco products that do not have health warnings is punishable by a fine of between 1,000,000 VND and 2,000,000 VND, and the products are subject to confiscation.

Although the penalties align with FCTC Art. 11 and the FCTC Art. 11 Guidelines, providing for increased sanctions for repeat offenses, as recommended in the FCTC Art. 11 Guidelines, would enhance enforcement.