Last updated: February 27, 2025
Penalties
Advertising and Promotion
(e.g., seizure of the product, publication of the violation/violator)
Ministry of Information and Communication; Ministry of Industry and Commerce; Ministry of Health; Ministry of Public Security; Other ministries and ministerial-level agencies
The Ministry of Information and Communication is responsible for preventing placement of advertising, promotion and sponsorship by tobacco companies on mass media and publications and controlling tobacco advertising, promotion and sponsorship by tobacco companies.
The Ministry of Health is responsible for issuing fines for violations of the tobacco control law in the areas and sectors under the Ministry’s management.
The Ministry of Public Security is responsible for handling violations of the tobacco control law in the areas under the ministry’s management and coordinating with the Ministry of Industry and Commerce to enforce fines for violations of tobacco control regulations.
Other ministries and ministerial-level agencies are responsible for and must coordinate with relevant ministries to organize the handling of administrative violations of the tobacco control law in the field of their assigned responsibility.
Sanctions for advertising violations are provided under Decree No. 38/2021/ND-CP. Tobacco advertising violations are punishable by a fine between 50,000,000 VND and 70,000,000 VND. Advertising material is also subject to deletion, removal, and/or recall.
Sanctions are also provided under Decree No. 117/2020/ND-CP. Violations of the ban on direct marketing to consumers and violations of the ban on brand stretching are punishable by a fine of between 20,000,000 VND and 30,000,000 VND. The use of pictures of cigarettes in newspapers or other publications specifically aimed at children is punishable by a fine of between 3,000,000 VND to 5,000,000 VND. Advertising materials in violation of the law must be taken down/removed. Violations of the requirement that retail display of cigarettes be limited to one pack/carton/box per brand are punishable by a fine of between 3,000,000 VND and 5,000,000 VND.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should specify who may be held responsible, provide for a range of penalties, including higher fines for repeat offenses, cumulative fines, and license suspension and revocation.
Sponsorship
Ministry of Information and Communication; Ministry of Industry and Commerce; Ministry of Health; Ministry of Public Security; Other ministries and ministerial-level agencies
The Ministry of Information and Communication is responsible for preventing placement of advertising, promotion and sponsorship by tobacco companies on mass media and publications and controlling tobacco advertising, promotion and sponsorship by tobacco companies.
The Ministry of Health is responsible for issuing fines for violations of the tobacco control law in the areas and sectors under the Ministry’s management.
The Ministry of Public Security is responsible for handling violations of the tobacco control law in the areas under the ministry’s management and coordinating with the Ministry of Industry and Commerce to enforce fines for violations of tobacco control regulations.
Other ministries and ministerial-level agencies are responsible for and must coordinate with relevant ministries to organize the handling of administrative violations of the tobacco control law in the field of their assigned responsibility.
Under Decree No. 117/2020/ND-CP, violations of the provisions on sponsorship are punishable by a fine of between 30,000,000 VND and 40,000,000 VND.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should specify who may be held responsible, provide for a range of penalties, including higher fines for repeat offenses, cumulative fines, and license suspension and revocation.
