Last updated: February 27, 2025
Penalties
Manufacturer
(e.g., seizure of the product, publication of the violation/violator)
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. 117/2020/ND-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. Products in violation are subject to seizure and destruction.
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 violations may also result in license suspension for a period of between three and six months. These products may also be subject to confiscation and destruction.
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
(e.g., seizure of the product, publication of the violation/violator)
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. 117/2020/ND-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. Products in violation are subject to seizure and destruction.
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 violations may also result in license suspension for a period of between three and six months. These products may also be subject to confiscation and destruction.
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
(e.g., seizure of the product, publication of the violation/violator)
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. 117/2020/ND-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. Products in violation are subject to seizure and destruction.
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 violations may also result in license suspension for a period of between three and six months. These products may also be subject to confiscation and destruction.
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
(e.g., seizure of the product, publication of the violation/violator)
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. 117/2020/ND-CP, the sale of tobacco products without the required warnings is punishable by a fine of between 3,000,000 VND and 5,000,000 VND. Products in violation are subject to seizure and destruction. Violations may also result in license suspension for a period of between one and three months. These products may also be subject to confiscation and destruction.
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.