Decree 371/2025/ND-CP amending Decree 77/2013/ND-CP and Decree 117/2020/ND-CP on tobacco harm prevention and health sector violations

DECREE

Amending and supplementing a number of articles of the Government's Decree No. 77/2013/ND-CP dated July 17, 2013, detailing the Law on Prevention and Control of Tobacco Harms regarding measures for prevention and control of tobacco harms, and the Government’s Decree No. 117/2020/ND-CP dated September 28, 2020, on sanctioning of administrative violations in health sector

Pursuant to the Law on Organization of the Government No. 63/2025/QH15;

Pursuant to the Law on Prevention and Control of Tobacco Harms No. 09/2012/QH13;

Pursuant to the Law on Handling of Administrative Violations No. 15/2012/QH13, amended and supplemented under Law No. 67/2020/QH14 and Law No. 88/2025/QH15;

Pursuant to Resolution No. 173/2024/QH15 on questioning activities at the 8^th session of the XV^th National Assembly;

At the proposal of the Minister of Health;

The Government hereby promulgates the Decree amending and supplementing a number of articles of the Government's Decree No. 77/2013/ND-CP dated July 17, 2013, detailing the Law on Prevention and Control of Tobacco Harms regarding measures for prevention and control of tobacco harms, and the Government’s Decree No. 117/2020/ND-CP dated September 28, 2020, on sanctioning of administrative violations in health sector.

Article 1. To add Clauses 3, 4, 5 and 6 after Clause 2, Article 2 of the Government's Decree No. 77/2013/ND-CP dated July 17, 2013, detailing the Law on Prevention and Control of Tobacco Harms regarding measures for prevention and control of tobacco harms

“3. Electronic cigarettes mean products comprising an electronic device, an electronic cigarette liquid container, and electronic cigarette liquid, in which:

a) The electronic device is used to heat electronic cigarette liquid or otherwise generate aerosol or vapor for inhalation by the user;

b) The electronic cigarette liquid container is designed either for single use (non-refillable) or for repeated use (refillable);

c) Electronic cigarette liquid means a liquid mixture containing vapor-forming solvents, with or without nicotine, and which may contain one or more substances such as additives, flavorings, and other chemicals, intended for use in electronic cigarettes or heated tobacco products. Nicotine-containing liquid includes any chemical form of nicotine, including salts or compounds, whether naturally extracted or synthetically produced, and includes nicotinic alkaloids.

4. Heated tobacco products mean products comprising an electronic device and specially manufactured tobacco, falling within one of the following cases:

a) An electronic device that directly heats specially manufactured tobacco in the form of cigarette sticks;

b) An electronic device equipped with a chamber for heating specially manufactured tobacco within such chamber;

c) An electronic device equipped with a chamber containing electronic cigarette liquid as prescribed at Point c, Clause 3 of this Article and specially manufactured tobacco, operating under a mechanism whereby the electronic cigarette liquid is vaporized first and the specially manufactured tobacco is subsequently heated indirectly;

d) Other personal electronic vaporization devices having the function of heating specially manufactured tobacco without combustion.

5. Electronic devices include electronic devices used for electronic cigarettes, electronic devices used for heated tobacco products, or other similar personal electronic vaporization devices.

6. Specially manufactured tobacco means tobacco or other nicotine-containing materials produced exclusively for use in heated tobacco devices, in the form of cigarette sticks or in other forms.”.

Article 2. To add a number of articles of the Government’s Decree No. 117/2020/ND-CP dated September 28, 2020, on sanctioning of administrative violations in health sector

1. To add Article 26a after Article 26 as follows:

“Article 26a. Violations of regulations on the use of, and harboring of, electronic cigarettes and heated tobacco products

1. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for the act of using electronic cigarettes or heated tobacco products.

2. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for the act of harboring others to use electronic cigarettes or heated tobacco products at premises under one’s ownership or management.

3. Remedial measures:

Forcible destruction of electronic cigarettes and heated tobacco products, for the act prescribed in Clause 1 of this Article.”.

2. To add the term “26a” after the term “Article 26” in Clauses 3, 4, 5, 6, and 7, Article 112.

Article 3. Effect

This Decree takes effect from December 31, 2025.

Article 4. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of People’s Committees of provinces and centrally-run cities, and related organizations and individuals shall implement this Decree./.