Tobacco is a product from tobacco materials, processed in the form of cigarettes, cigars, tobacco, pipe tobacco or other forms. Tobacco has harmful effects on human health, environment and socio-economic development. So about the matter “What is the current smoking regulation in the company in Vietnam?” Let’s find out with LSX in the article below.
Legal grounds
- Law on prevention and control of harmful effects of tobacco 2012
- Decree No. 117/2020/ND-CP
Places where smoking is prohibited
Current legislation that completely prohibits smoking indoors and on premises includes:
a) Medical facilities;
a) Medical facilities;
b) Educational institutions, except those specified at Point b, Clause 2 of this Article;
c) Care, nurturing, amusement and entertainment establishments exclusively for children;
d) Establishments or areas with high risk of fire and explosion.
Entirely non-smoking indoor locations include:
a) Place of work;
b) Colleges, universities, academies;
c) Public places, except for places where smoking is completely prohibited indoors and within the premises and Clause 1, Article 12 of the Law on Prevention and Control of Tobacco Harms.
Public transports that are completely banned from smoking are: cars, airplanes, and trains.
Places where smoking is prohibited indoors but permitted to have a designated place for smokers are: Isolated areas of the airport; Bars, karaoke, discos, hotels and tourist accommodation establishments; Vehicles Public transport is ships and trains.
Particularly for areas reserved for smokers, the following conditions must be satisfied:
a) Having rooms and ventilation systems separate from non-smoking areas;
b) Having tools to store cigarette butts and cigarette butts; have signs at suitable and easy-to-observe positions;
c) Having fire prevention and fighting equipment.
The law encourages the head of the venue on the organization to implement a complete no-smoking indoors.
Rights and obligations of citizens in the prevention and control of tobacco harms
Pursuant to Article 7 of the Law on Prevention and Control of Tobacco Harms 2012 stipulates the rights and obligations of citizens in the prevention and control of tobacco harms:
– Live and work in a smoke-free environment.
– Ask smokers not to smoke at places where smoking is prohibited.
– Mobilize and propagate others not to use tobacco or quit smoking.
– Request competent agencies, organizations and individuals to handle people who smoke at places where smoking is prohibited.
– Report or denounce the competent agency or person for not handling the act of smoking at the place where smoking is prohibited.
What is the current smoking regulation in the company in Vietnam?
Article 29, Decree No. 117/2020/ND-CP of the Government providing for violations of other regulations on prevention and control of tobacco harms:
A warning or a fine ranging from VND 200,000 to VND 500,000 shall be imposed on persons aged full 16 years but under 18 years of age who commit acts of tobacco use.
A fine of between VND 500,000 and 1,000,000 shall be imposed for one of the following acts:
+ Advocating and forcing others to use tobacco;
+ Using people under the age of 18 to buy cigarettes.
A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the following acts:
+ Using tobacco images in newspapers and publications specifically for children;
+ Providing inaccurate and unscientific information about tobacco and its harmful effects;
+ Failing to include the content of prevention and control of tobacco harms in the annual plan of activities, failing to include the regulation on smoking ban at the workplace into the internal regulations;
+ The image of actors using tobacco is not restricted in theatrical and cinematographic works as prescribed by law.
A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for one of the following acts:
+ Using the name, trademark and logo of tobacco products with other products or services;
+ Direct tobacco marketing to consumers in any form;
+ Allowing organizations and individuals to market cigarettes directly to consumers at establishments under their management and administration;
+ Late payment of compulsory contributions as prescribed by law;
+ Wrong declaration leading to underpayment of compulsory contributions as prescribed by law;
+ Using support funds of the Fund for Prevention and Control of Tobacco Harms in contravention of the provisions of law;
Enterprises and mass media publish and announce the sponsorship of tobacco trading organizations and individuals.
A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for one of the following acts:
+ Carry out sponsorship activities in any form, except where permitted by law;
+ Evading or cheating the compulsory contribution as prescribed by law.
Remedial measures:
+ Forcible recall of products to remedy or remove infringing elements, for the acts specified at Points a, b, d, Clause 3 and Point a, Clause 4 of this Article. If the infringing element cannot be remedied, it must be destroyed;
+ Forcible refund of interest from the difference due to late payment of the compulsory contribution, for the acts specified at point d, clause 4 of this Article;
+ Forcible refund of money amounts due to misuse of regulations, for acts specified at Point e, Clause 4 of this Article;
+ Forcible refund of the payable amount and the amount of interest (if any) due to false declaration, evasion or fraud of the compulsory contribution, for the acts specified at Point dd Clause 4 and Point b Clause 5 of this Article.
General requirements for non-smoking places
The venue must have a sign board with the word “NO smoking” in Vietnamese and/or English or a no-smoking symbol (sign) according to form No. 1 and No. 2 specified in Appendix 1 enclosed herewith. Circulars.
The form of display of signs placed at places where smoking is prohibited must meet the following requirements:
Ensure clear, easy to see, easy to observe, not torn, torn, blurred, damaged, printed on paper, plastic or other materials, can be placed, placed on a table, shelf or other suitable places, mounted , pasted or wall-mounted (hereinafter referred to as placing); outdoor signs printed on water-resistant materials;
+ The size of the sign board, logo, font size is suitable for the position and space of placing, placing, pasting and hanging signs; capital letters, easy to read, font color contrast with background color.
The arrangement and placement of signs must satisfy the following requirements:
+ Having a sufficient number of necessary signs, giving priority to placing them in locations and areas where many people pass by, come into contact with, and attract attention; At least, signs must be arranged at the following positions: gates, doors, facades, front halls, reception areas, corridors, stair tops of floors, waiting areas, balcony areas, corridors with Covered;
+ The distance between the signs must be suitable to the size, area and space of each type of location;
There must be no smoking phenomenon, cigarette smell and there are cigarette butts and butts in the place, the area where smoking is prohibited.
Public places operate at night, in insufficient light conditions: Prohibited signs and signs must be reflective or illuminated to be clearly seen.
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Please see more
- Regulations on closed trials under Vietnam law
- Conditions for tobacco retail business in Vietnam
- Application for the License to trade in tobacco ingredients in Vietnam
Frequently asked questions
The head or manager of a smoking-free place has the following rights:
a) Forcing violators to stop smoking at places where smoking is prohibited; sanctioning administrative violations in accordance with law;
b) Request violators of the smoking ban to leave their premises;
c) Refuse to receive or provide services to violators of the smoking ban if that person continues to violate after being reminded.
Responsibilities of the head, manager of the place where smoking is prohibited
The head or manager of a smoking-free place has the following responsibilities:
a) Comply with the provisions of Article 6 of this Law;
b) Organize the implementation, guide, inspect and urge people to strictly comply with regulations on smoking ban at the places under their management and control activities; hang signs with words or symbols prohibiting smoking at places where smoking is prohibited.
Conclusion: So the above is What is the current smoking regulation in the company in Vietnam?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
