Law on Prevention and Control of Tobacco Harms, No. 09/2012/QH13

THE PRESIDENT

Order No. 07/2012/L-CTN of July 2, 2012, on the promulgation of law

THE PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to Articles 103 and 106 of the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10 of December 25, 2001, of the X^thNational Assembly, the 10^thsession;

Pursuant to Article 91 of the Law on Organization of the National Assembly;

Pursuant to Article 57 of the Law on Promulgation of Legal Documents,

PROMULGATES

The Law on Prevention and Control of Tobacco Harms,

which was passed on June 18, 2012, by the XIII^thNational Assembly of the Socialist Republic of Vietnam at its 3^rdsession.

President of the Socialist Republic of Vietnam
TRUONG TAN SANG

Law on Prevention and Control of Tobacco Harms

(No. 09/2012/QH13)

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10;

The National Assembly promulgates the Law on Prevention and Control of Tobacco Harms.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Law prescribes measures to reduce tobacco demand and control tobacco supply sources and conditions to prevent and control tobacco harms.

Article 2.Interpretation of terms

In this Law, the terms below are construed as follows:

1. Tobacco means a product manufactured wholly or partially from tobacco materials and processed in the form of cigarette, cigar, tobacco shreds, water pipe tobacco or other forms.

2. Tobacco use means acts of smoking, chewing, snuffing, sniffing or sucking tobacco products.

3. Tobacco materials means tobacco leaves in loose or pressed form already preliminarily processed by stemming, tobacco shreds, tobacco stems and other replacement materials used for tobacco manufacture.

4. Tobacco harms means the harmful effects of the manufacture and use of tobacco on human health, the environment and socio-economic development.

5. Health warning means the information in scripts and images depicting or explaining the harmful effects on human health as a result of tobacco use.

6. Tobacco business means the continuous performance of one, several or all of the stages of the process from manufacture, import to sale of tobacco in the market for profit-making purposes.

7. Public place means a place for commonly serving the needs of many people.

8. Workplace means a place used for the purpose of working.

9. Indoor area means a place that has roof and one or more walls or surrounding partitions.

Article 3.Principles of prevention and control of tobacco harms

1. To concentrate on the application of measures to reduce tobacco demand in combination with measures to control and incrementally reduce tobacco supply sources.

2. To attach importance to information, education and communication measures in order to raise awareness of tobacco harms with a view to gradually reducing the rate of tobacco users and the harms caused by tobacco use.

3. To implement inter-sectoral coordination and mobilize the society and international cooperation in the prevention and control of tobacco harms.

4. To guarantee the right of everyone to live and work in a tobacco smoke-free environment and to be fully informed of tobacco harms.

Article 4.State policies on prevention and control of tobacco harms

1. To socialize resources for the implementation of activities to prevent and control tobacco harms.

2. To apply appropriate tax policies in order to reduce the rate of tobacco users.

3. To develop tobacco business planning in conformity with the objectives of socio-economic development and incremental reduction of tobacco supply sources and the reduction of tobacco demand.

4. To encourage and create conditions for domestic and foreign agencies, organizations and individuals to provide tobacco use cessation and treatment services; to conduct research into tobacco harms and tobacco use cessation methods; to conduct research into and produce tobacco use cessation medications; to cooperate on and finance the prevention and control of tobacco harms and encourage tobacco users to voluntarily quit tobacco use.

5. To encourage and create conditions for organizations and individuals that grow and manufacture tobacco and process tobacco materials to change their trades or occupations.

6. To commend agencies, organizations and individuals that record achievements in the prevention and control of tobacco harms.

Article 5.Responsibilities for state management of the prevention and control of tobacco harms

1. The Government shall uniformly perform the state management of the prevention and control of tobacco harms.

2. The Ministry of Health shall take responsibility before the Government for the performance of state management of the prevention and control of tobacco harms, and has the following tasks and powers:

a/ To propose the Government and the Prime Minister for promulgation and to promulgate according to its competence legal documents, strategies, policies and plans on the prevention and control of tobacco harms, and national technical regulations for tobacco products;

b/ To direct and organize the implementation of legal documents, strategies, policies and plans on the prevention and control of tobacco harms;

c/ To organize information, education and communication about the prevention and control of tobacco harms;

d/ To train and increase human resources for the prevention and control of tobacco harms;

e/ To organize research, counseling, prevention, diagnosis and treatment of tobacco addiction;

f/ To inspect, examine and settle complaints and denunciations and handle illegal acts in the prevention and control of tobacco harms according to its competence;

g/ To annually review and report to the Government on the results of prevention and control of tobacco harms;

h/ To implement international cooperation on the prevention and control of tobacco harms.

3. Other ministries and ministerial-level agencies shall, within the ambit of their tasks and powers, proactively perform the tasks of prevention and control of tobacco harms; and coordinate with the Ministry of Health in performing the state management of the prevention and control of tobacco harms.

4. The People’s Committees at all levels shall, within the ambit of their tasks and powers, perform the state management of the prevention and control of tobacco harms; assume the prime responsibility for organizing and directing the implementation of regulations on no-smoking places in their localities.

Article 6.Responsibilities of heads of agencies, organizations and localities for the prevention and control of tobacco harms

1. To integrate the contents of prevention and control of tobacco harms into their annual plans of activities and include the regulation on smoking prohibition at workplace in their internal regulations.

2. To include the restriction or prohibition of smoking at wedding parties, funerals and festivals in residential areas into village codes.

3. To set good examples in implementing and mobilize agencies, organizations and localities to implement the law on prevention and control of tobacco harms.

Article 7.Rights and obligations of citizens in the prevention and control of tobacco harms

1. To live and work in the tobacco smoke-free environment.

2. To request smokers not to smoke at no-smoking places.

3. To mobilize and propagate other people not to use tobacco or cease tobacco use.

4. To request competent agencies, organizations or persons to handle persons who smoke at no-smoking places.

5. To report on or denounce competent agencies or persons that fail to handle smoking acts at no-smoking places.

Article 8.International cooperation on the prevention and control of tobacco harms

1. To expand international cooperation on the prevention and control of tobacco harms with other countries, international organizations on the basis of equality, respect for national independence and sovereignty and conformity with the law of each country and international law and practices.

2. Contents of international cooperation include:

a/ Cooperation in the prevention and combat of smuggled and fake tobacco products;

b/ Cooperation in the prohibition of cross-border tobacco advertisement, sales promotion and sponsorship;

c/ Cooperation in scientific research, training, financial assistance and exchange of information relating to the prevention and control of tobacco harms.

Article 9.Prohibited acts

1. Manufacturing, trading, importing, stockpiling and transporting fake tobacco products and products that resemble cigarette packs or cigarettes; trading, stockpiling and transporting tobacco materials and smuggled tobacco products.

2. Conducting advertisement, sales promotion and direct marketing to consumers in all forms.

3. Sponsorship by tobacco business organizations and individuals, except the cases defined in Article 16 of this Law.

4. Persons aged under full 18 years using, buying or selling tobacco products.

5. Employing persons aged under full 18 years to buy or sell tobacco products.

6. Selling or supplying tobacco products to persons aged under full 18 years.

7. Selling tobacco through vending machines; smoking and selling tobacco products at no-smoking places.

8. Using pictures of tobacco in newspapers and publications exclusive for children.

9. Mobilizing or compelling other persons to use tobacco products.

Chapter II

MEASURES TO REDUCE TOBACCO DEMAND

Article 10.Information, education and communication on the prevention and control of tobacco harms

1. Information, education and communication must satisfy the following requirements:

a/ To publicly provide scientific, accurate and objective information on tobacco and tobacco harms;

b/ To use diversified information contents, forms and channels suitable to each group of target people.

2. Information, education and communication cover the following contents:

a/ Policies and laws on prevention and control of tobacco harms;

b/ Tobacco harms on the health of tobacco users, children, pregnant women and second smokers, and on the living environment and socio-economic development;

c/ Harms caused by the manufacture, trading, stockpiling, transportation and use of fake tobacco products and the trading, stockpiling, transportation and use of smuggled tobacco products to tobacco users’ health and socio-economic development;

d/ Tobacco use cessation measures and benefits of tobacco use cessation and a tobacco smoke-free environment;

e/ Rights, responsibilities and obligations of agencies, organizations and individuals in the prevention and control of tobacco harms.

3. Responsibilities for information, education and communication are defined as follows:

a/ The Ministry of Health shall organize and provide scientific information on tobacco harms; assume the prime responsibility for, and coordinate with related ministries and sectors in, organizing information, education and communication about the prevention and control of tobacco harms;

b/ The Ministry of Information and Communications shall organize and direct information and communications agencies to carry out activities of information and communication about the prevention and control of tobacco harms;

c/ The Ministry of Culture, Sports and Tourism shall incorporate information and propaganda on the prevention and control of tobacco harms and measures to restrict tobacco use in cultural, sports and tourist activities and family life; and stipulate the restriction of the abuse of tobacco use in movies, theatrical and television works;

d/ The Ministry of Industry and Trade shall organize information and propaganda on the prevention and combat of smuggled and fake tobacco products;

e/ The Ministry of Education and Training shall develop contents of prevention and control of tobacco harms and incorporate them in curricula suitable to each education level;

f/ The People’s Committees at all levels shall organize information, education and communication on the prevention and control of tobacco harms in their respective localities;

g/ The Vietnam Fatherland Front and its member organizations shall organize information and propagation on, and mobilize their members and the entire society not to use tobacco and actively participate in the prevention and control of tobacco harms;

h/ Other agencies and organizations shall, within the ambit of their tasks and powers, organize information, education and communications on the prevention and control of tobacco harms in accordance with this Law.

Article 11.Places where smoking is completely prohibited

1. Places where smoking is completely prohibited indoors and within estate premises include:

a/ Healthcare facilities;

b/ Educational institutions, except those specified at Point b, Clause 2 of this Article;

c/ Childcare facilities and entertainment and recreation facilities exclusively designated for children;

d/ Facilities or areas with high risk of fire and explosion.

2. Places where smoking is completely prohibited indoors include:

a/ Workplaces;

b/ Colleges, universities and academic institutes;

c/ Public places, except those specified in Clause 1 of this Article and Clause 1, Article 12 of this Law.

3. Public means of transportation where smoking is completely prohibited include automobiles, aircraft and trams.

Article 12.Places where smoking is prohibited indoors but with separate areas for smokers

1. No-smoking indoor places allowed to have areas reserved exclusively for smokers include:

a/ Isolation areas in airports;

b/ Bars, karaoke parlor, dance halls, hotels and tourist accommodation establishments;

c/ Public means of transportation that are ships and trains.

2. Separate areas for smokers must satisfy the following conditions:

a/ Being separate rooms with air ventilation systems separate from no-smoking areas;

b/ Having containers for tobacco ends and ashes and signboards at suitable and easy-to-see positions;

c/ Having fire prevention and fighting devices.

3. Heads of places specified in Clause 1 of this Article are encouraged to prohibit smoking in all indoor areas.

4. The Government shall stipulate the change of places specified in Clause 1 of this Article into those where smoking is completely prohibited indoors to suit each period of time.

Article 13.Obligations of smokers

1. Not to smoke at no-smoking places.

2. Not to smoke inside houses where there are children, pregnant women, sick persons or the elderly.

3. To keep common hygiene, put cigarette ashes and ends into designated places when smoking at places where smoking is allowed.

Article 14.Rights and responsibilities of heads and managers of no-smoking places

1. Heads and managers of no-smoking places have the following rights:

a/ To compel those who violate the smoking ban to stop smoking in the no-smoking areas; to sanction administrative violations in accordance with law;

b/ To request those who violate the smoking ban to leave their facilities;

c/ To refuse to receive or provide services for those who violate the smoking ban when they continue their violation after being reminded of.

2. Heads and managers of no-smoking places have the following responsibilities:

a/ To implement the provisions of Article 6 of this Law;

b/ To organize the implementation, guide, inspect and urge everyone to strictly comply with the smoking ban at the places under their management; to put up signboards with no-smoking words or symbol at places where smoking is prohibited.

Article 15.Labeling and printing of health warnings on tobacco packages

1. Tobacco products manufactured or imported in Vietnam for consumption must be labeled and printed with health warnings on their packages.

2. Tobacco products manufactured or imported in Vietnam for consumption must be labeled in Vietnamese in accordance with the law on goods labeling and meet the following requirements:

a/ Printing health warnings in words and images which are clear and ease to see and understand;

b/ Sticking stamps or printing number codes and bar codes; printing the date of manufacture and date of expiry;

c/ Printing clearly the number of cigarettes, for cigarette packets, or the weight, for other tobacco products;

d/ Not using words and phases that mislead readers and users that tobacco is of little harm or about the harms of tobacco or tobacco smoke to human health.

3. Health warnings printed on tobacco packages must specifically describe the harms of tobacco use to human health and other appropriate messages, and must be changed once every two years.

4. Heath warnings stipulated at Point a, Clause 2 of this Article must occupy at least 50% of the principal front and rear panels of a tobacco packet, carton or box.

5. The labeling of tobacco packages for export shall be made according to the requirements of importing countries.

6. The Minister of Health shall assume the prime responsibility for, and coordinate with the Minister of Industry and Trade in, issuing specific regulations on the labeling and printing of health warnings for tobacco products as stipulated in Clauses 2, 3 and 4 of this Article.

7. The Government shall specify the increase of the areas for printing health warnings suitable to each period.

Article 16.Sponsorship activities

Tobacco business organizations and individuals may only provide humanitarian sponsorship for programs on hunger elimination and poverty reduction; natural disaster, epidemic and calamity prevention and control; and tobacco smuggling prevention and combat, and may not announce such sponsorship in the mass media.

Article 17.Tobacco use cessation

1. Tobacco use cessation is carried out on the voluntary basis.

2. Agencies, organizations and individuals may organize activities or set up tobacco use cessation counseling and treatment facilities of different types.

3. Manufacturers and importers of tobacco use cessation mediations and tobacco use cessation counseling and treatment facilities are entitled to preferential tax rates in accordance with tax laws.

4. The Government shall stipulate conditions for the establishment and organization of tobacco use cessation activities and tobacco use cessation counseling stipulated in Clause 2 of this Article.

Article 18.Responsibilities for supporting tobacco use cessation

1. The Ministry of Health has the following responsibilities:

a/ To guide the tobacco use cessation process;

b/ To direct tobacco use cessation activities and research into and counseling on tobacco use cessation;

c/ To direct the organization of training for health workers and tobacco use cessation counselors on counseling activities and tobacco use cessation methods.

2. The People’s Committees at all levels shall create favorable conditions for tobacco use cessation and tobacco use cessation counseling activities.

3. Agencies, organizations and individuals shall mobilize tobacco users in their respective agencies, organizations and families to voluntarily quit tobacco use.

Chapter III

MEASURES TO CONTROL TOBACCO SUPPLY SOURCES

Article 19.Management of tobacco business

1. Tobacco business is a conditional business line. Organizations and individuals trading in, processing or importing tobacco materials; manufacturing, trading or importing tobacco products must have licenses granted by competent state agencies.

2. The Minister of Finance shall prescribe the minimum sale prices of cigarettes sold in Vietnam.

3. The Government shall detail the licensing for the trading in, processing and import of, tobacco materials; and for the manufacture, trading in, and import of, tobacco products defined in Clause 1 of this Article.

Article 20.Tobacco business planning

1. Tobacco business planning must conform to the socio-economic development objectives, policies and law on prevention and control of tobacco harms in order to incrementally reduce tobacco supply sources; conform to the reduction of tobacco demand; and take measures to step by step change the occupation for tobacco growers and tobacco manufacturing workers.

2. The Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with related ministries and sectors in, formulating and submitting to the Prime Minister for approval the national tobacco business master plan, including the master plan on tobacco material areas, tobacco manufacture master plan and tobacco trading network master plan.

3. Provincial-level People’s Committees shall approve and organize the implementation of their local master plans on tobacco material areas and tobacco trading network master plans in conformity with the tobacco business master plan prescribed in this Article.

Article 21.Control of investment in tobacco manufacture

1. Investment in tobacco growing, tobacco material processing and tobacco manufacture must conform to the relevant master plans already approved by competent state agencies.

2. Investment in the construction of new tobacco plants or expansion of the size or capacity of existing tobacco plants for domestic consumption must not exceed the permitted total capacity of the entire tobacco industry before the date when this Law takes effect.

3. Foreign-invested tobacco manufacture projects must satisfy the following conditions:

a/ Being joint-venture or cooperation undertakings with enterprises licensed for tobacco manufacture;

b/ The State holds a dominating proportion of the charter capital of these enterprises;

c/ Meeting the conditions for tobacco manufacture as stipulated by the Government.

4. Contracts for licensing of tobacco manufacture industrial property rights can be made only with enterprises already licensed for tobacco manufacture and after they are approved in writing by the Prime Minister.

5. Contracts for manufacture of tobacco products for export or processing of tobacco products for export are not counted in the permitted manufacture output of tobacco products for domestic consumption and can only be performed at enterprises already licensed for tobacco manufacture after they are approved in writing by the Minister of Industry and Trade.

6. Investment in the manufacture or processing of tobacco products for export in excess of the permitted manufacture capacity of a plant is subject to approval of the Minister of Industry and Trade.

Article 22.Control of the amount of domestically consumed tobacco products

1. Measures to control the amount of domestically consumed tobacco products include:

a/ Managing the amounts of tobacco products permitted for manufacture and import;

b/ Sticking stamps or printing numerical or bar codes on tobacco packages;

c/ Managing the capacity of machines and equipment exclusively used for the tobacco industry;

d/ Managing tobacco materials and cigarette rolling papers;

e/ Managing the origin, movement and legality of tobacco products.

2. The Minister of Industry and Trade shall publicize the permitted quotas for manufacture and import of tobacco products for domestic consumption of each enterprise in conformity with their manufacture capacity and the market demand.

3. The Government shall specify measures to manage machines and equipment exclusively used for the tobacco industry, tobacco materials and cigarette rolling paper.

Article 23.National technical regulations on tobacco products

1. Tobacco products manufactured or imported for consumption in Vietnam must comply with the national technical regulations on tobacco products and standards already announced by manufacturers.

2. Tobacco manufacturers and importers must meet the following requirements:

a/ To announce their own standards for tobacco products;

b/ To guarantee that tobacco products they manufacture or import conform to the national technical regulations and their announced standards;

c/ To regularly examine and bear responsibility for the conformity of tobacco products manufactured or imported by themselves with the national technical regulations and their announced standards.

3. The Minister of Health shall promulgate national technical regulations on tobacco products.

Article 24.Quantity of cigarettes in packets or packs

Three years after this Law takes effect, the number of cigarettes in a packet must not be fewer than 20, except for cigars and cigarettes manufactured for export.

Article 25.Tobacco sale

1. Tobacco sale must satisfy the following requirements:

a/ Enterprises, wholesale agents and retail agents must have tobacco sale licenses according to the Government’s regulations;

b/ Persons in charge of the points of sale of tobacco products of wholesale or retail agents shall put up notice boards “no sale to persons aged under full 18 years”; agents and points of retail of tobacco products may not display more than one packet, one carton or one box per tobacco brand.

2. Agencies, organizations and individuals may not organize or permit the sale of tobacco products or sell tobacco products at the places specified in Articles 11 and 12, excluding those specified at Point a, Clause 1, Article 12 of this Law; may not sell tobacco products within 100 meters from the boundary of the nearest premises of children daycare centers, kindergartens, primary schools, lower secondary schools, upper secondary schools, medicinal research institutes, hospitals, maternity homes or preventive medicine centers, commune/ward/township health stations.

Article 26.Measures to prevent and control smuggled and fake tobacco products

1. To conduct awareness-raising propaganda and education so that people do not trade, transport, stockpile and use smuggled and fake tobacco products.

2. To organize and ensure adequate personnel, funds and means for forces to prevent and control smuggled and fake tobacco products.

3. To periodically and regularly organize inspections and examinations and handle acts of trading in smuggled and fake tobacco products.

4. To confiscate and destroy fake tobacco products; to confiscate and destroy machines and equipment used for manufacture of fake tobacco products. The destruction must be carried out by measures to ensure safety for the environment. The destruction costs shall be paid by violators. If violators are unidentifiable, the destruction costs shall be covered by the state budget.

5. The handling of smuggled tobacco products complies with regulations of the Government.

6. To provide material and spiritual incentives for agencies, organizations and individuals that have detected and denounced acts of trading in smuggled and fake tobacco products.

7. To assure provincial- and national-level coordination with neighboring and related countries in the prevention and control of the trading of smuggled and fake tobacco products.

Article 27.Responsibilities to prevent and control smuggled and fake tobacco products

1. The Minister of Industry and Trade, the Minister of Finance, the Minister of Public Security, the Minister of National Defense and the Minister of Health shall, within the scope of their respective tasks and powers, organize the prevention and control of smuggled and fake tobacco products.

2. The People’s Committees at all levels shall assume prime responsibility for, and coordinate with related local agencies in, organizing, directing and arranging forces and assigning specific responsibilities to related agencies for preventing and controlling smuggled and fake tobacco products.

3. The Minister of Finance and provincial-level People’s Committee chairmen shall ensure funds for the prevention and control of smuggled and fake tobacco products.

Chapter IV

CONDITIONS FOR ENSURING PREVENTION AND CONTROL OF TOBACCO HARMS

Article 28.Establishment of the fund for prevention and control of tobacco harms

1. The fund for prevention and control of tobacco harms (below referred to as the fund) is a national fund placed under the Ministry of Health and under the financial state management of the Ministry of Finance. The fund is a state-run financial institution having the legal person status and own seal and account.

2. The fund is managed by an inter-sectoral management council, which is composed of the chairperson, vice chairperson and members. The Council’s chairperson is the Minister of Health, vice chairperson is a leader of the Ministry of Finance, and members are representatives of the leaderships of the Ministry of Industry and Trade, the Ministry of Education and Training, the Ministry of Information and Communications and representatives of other related agencies, organizations and individuals.

3. The Prime Minister shall decide on the establishment and approve the organization and operation charter of the fund.

4. Once every two years, the Government shall report to the National Assembly on results of operation and management of the fund.

Article 29.Purposes and tasks of the fund

1. The fund shall operate on a not-for-profit basis with the function to mobilize, provide and coordinate its financial resources for the prevention and control of tobacco harms nationwide.

2. The fund shall support the following activities:

a/ Communication on tobacco harms and the prevention and control of tobacco harms suitable to each target group;

b/ Building and developing pilot models of tobacco smoke-free communities, agencies and organizations; developing and widely expanding effective models;

c/ Organizing community-based campaigns and initiatives on prevention and control of tobacco harms; providing consultancy on organization of separate smoking areas in public places;

d/ Organizing tobacco use cessation;

e/ Building pilot models of community-based tobacco use cessation and developing and widely expanding effective models;

f/ Conducting research to produce evidence for the prevention and control of tobacco harms;

g/ Developing, supporting and raising capacity for the network of collaborators on prevention and control of tobacco harms;

h/ Developing contents and introducing education about tobacco harms and prevention and control of tobacco harms into the educational programs suitable to each educational level;

i/ Applying measures to help tobacco growers, tobacco material processors and tobacco manufacturing workers change their occupations.

Article 30.Sources and principles of use of the fund

1. The fund is established from the following sources:

a/ Compulsory contributions of tobacco manufacturers and importers, which are calculated in a percentage of the excise tax-liable prices according to the following roadmap: 1% from May 1, 2013; 1.5% from May 1, 2016; and 2% from May 1, 2019. These compulsory contributions must be declared and paid together with excise tax, and be declared, assessed and paid into the fund’s account by tobacco manufacturers or importers;

b/ Donations and voluntary contributions of agencies, organizations and individuals at home and abroad;

c/ Other lawful revenues.

2. The fund is used on the following principles:

a/ The fund is used only for the tasks specified in Clause 2, Article 29 of this Law and Point f of this Clause;

b/ The expenditures of the Fund are based on its annual plans of activities, short-term and long-term programs and strategies and priority objectives for each period, as approved by the Inter-Sector Management Council;

c/ The fund is audited annually in accordance with law;

d/ Publicity and transparency;

e/ Assured effective use of its financial sources;

f/ The administrative costs comply with regulations of the Prime Minister.

Article 31.Handling of violations of the law on prevention and control of tobacco harms

1. Agencies, organizations and individuals that commit acts in violation of the law on prevention and control of tobacco harms shall, depending on the nature and severity of their violations, be disciplined, administratively sanctioned and, if causing any damage, pay compensations in accordance with law; violating individuals may be examined for penal liability in accordance with law.

2. The handling of administrative violations in the field of prevention and control of tobacco harms complies with the law on handling of administrative violations.

Article 32.Responsibilities to handle violations of the law on prevention and control of tobacco harms

1. Persons competent to handle administrative violations shall inspect, promptly detect and handle acts in violation of the law on prevention and control of tobacco harms; if tolerating, covering up, failing to handle or handling them not in time or not in accordance with law, they shall, depending on the nature and severity of their violations, be handled in accordance with law.

2. The Ministry of Health shall organize the handling of administrative violations of smoking at places where smoking is prohibited and violations of the law on prevention and control of tobacco harms in the field assigned to it for management.

3. The Ministry of Public Security shall organize the handling of acts of smoking at places where smoking is prohibited and violations of the law on prevention and control of tobacco harms in the field assigned to it for management.

4. The Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with related ministries and sectors in, organizing the handling of administrative violations of trading in smuggled and fake tobacco products in the field assigned to it for management.

5. The Ministry of National Defense shall assume the prime responsibility for, and coordinate with related ministries and sectors in, organizing the handling of violations of trading in smuggled and fake tobacco products in border areas and the field assigned to it for management.

6. Ministries, ministerial-level agencies shall assume the prime responsibility for, and coordinate with related ministries and sectors in, organizing the handling of administrative violations of the law on prevention and control of tobacco harms in the fields assigned to them for management.

7. The People’s Committees at all levels shall assume the prime responsibility for, and coordinate with related agencies and organizations in, organizing, directing, arranging forces and assigning specific responsibilities to related organizations and individuals for the handling of administrative violations of smoking at places where smoking is prohibited and of trading in smuggled and fake tobacco products. Commune-level People’s Committee chairmen shall assume the prime responsibility for organizing the handling of acts of smoking at public places where smoking is prohibited under their management.

8. Agencies and persons competent to inspect and examine the implementation of the law on prevention and control of tobacco harms specified in Clauses 2, 4, 6 and 7 of this Article, if detecting violations with criminal signs, shall transfer the cases to procedural agencies for examining penal liability in accordance with law.

Chapter V

IMPLEMENTATION PROVISIONS

Article 33.Effect

This Law takes effect on May 1, 2013.

Article 34.Transitional provisions

Cigarette packets, cartons and cases which are manufactured or imported for consumption in the Vietnamese market according to the relevant law on labeling and health warning printing before this Law takes effect must not be used after 6 months from the effective date of this Law.

Article 35.Provisions on implementation detailing and guidance

The Government shall detail and guide articles and clauses as assigned in this Law.

This Law was passed on June 18, 2012, by the XIII^thNational Assembly of the Socialist Republic of Vietnam at its third session.-

Chairman of the National Assembly
NGUYEN SINH HUNG