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Law No.: /2010/QH12 SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
TOBACCO CONTROL (Draft)
Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992, revised and amended according to Decision 51/2001/QH10;
This law provides regulations on tobacco control.
Article 1. Scope of adjustment, applicable objects
1. This law provides regulations on measures to reduce tobacco demand and supply and other measures in tobacco control activities.
2. This law is applicable to foreign and local agencies, organizations and individuals in Vietnam.
Article 2. Interpretation of terms
1. Tobacco means products manufactured, processed wholly or partially from tobacco materials under the forms of cigarette, cigar, pipe tobacco or other forms used for inhaling, chewing, snuffing or sucking.
2. Smokeless tobacco means chewing tobacco, rolling tobacco or tobacco used for snuffing, inhaling, sucking without any smoke emitted from tobacco combustion.
3. Tobacco simulated products means foodstuff, toy products or any product designed similarly to tobacco products or packed in packs that look like cigarette pack.
4. Harms of tobacco are harmful influences on human health and socio-economic development due to tobacco use.
5. Health warning means information, description or explanation about health impacts caused by tobacco use.
6. Tobacco trading means continuous implementation of one, several or all operations of investment, from manufacturing to consumption of tobacco products or providing services on the market for benefit purposes.
Article 3. Tobacco control principles
1. Implement synchronously tobacco demand and supply reduction measures with attention paid to information, education and propaganda in tobacco control.
2. Implement multi-sectoral collaboration and mobilize the society and international cooperation in tobacco control.
3. Ensure the rights of non-smokers to live in smoke-free environment.
Article 4: State management responsibilities in Tobacco Control
1. The government agrees on state management for tobacco control
2. Ministry of Health takes responsibilities to the Government in the implementation of state management for tobacco control
3. Ministry of Industry & Trade, Ministry of Information & Communications, Ministry of Culture - Sports and Tourism, Ministry of Finance, Ministry of Planning & Investment, Ministry of Science & Technology, Ministry of Education & Training and Ministries, Sectors within their responsibilities & power take responsibility to take their own initiatives for tobacco control activities and to be in close collaboration with Ministry of Health in the implementation of state management on tobacco control.
4. People's Committee at all levels takes responsibility to execute state management for tobacco control in its locality.
Article 5: International Cooperation in Tobacco Control
1. The Government should have international cooperation policies tin tobacco control with other countries and international organizations on the basis of equality, mutual respect for independence, sovereignty and full accordance with each country's legal system and international practice.
2. Contents of international cooperation.
- Cooperate in the prevention and dealing with tobacco illicit trade;
- Cooperate in trans-national comprehensive ban on advertising, promotion & sponsorship;
- Cooperate in scientific research, training, funding assistance and information exchange regarding tobacco control.
Article 6. Strictly prohibited actions
1. Trade in fake tobacco, tobacco not meeting national announced standards & technical requirements, smokeless tobacco & tobacco simulated products;
2. Print health warning not being in accordance with regulations;
3. Conduct advertisement, sales promotion and marketing of tobacco in any form;
4. Sell, supply tobacco to people under 18 years old;
5. Use tobacco for people under 18 years of age and in pregnancy period;
6. Sell tobacco by automatic selling machine.
7. Smoke in public places where smoking is prohibited.
8. Use tobacco related images on the media, publications for under-18-years-old people;
9. Encourage, mobilize and force other people to use tobacco.
INFORMATION, EDUCATION AND COMMUNICATION ABOUT TOBACCO CONTROL
Article 7: Purposes and Requirements of Information, Education & Communication (IEC
a, Prevent tobacco use amongst youth, adolescence, pregnant women and people not yet using tobacco; motivate tobacco users to change behavior and move forward to cessation.
b, Reduce and gradually limit the supply of tobacco; strengthen the protection and promotion of people health.
a, Provide scientific, accurate, objective and true information related to tobacco and tobacco harms.
b, Diversify the content, form and communication channels to be relevant with targeted audience.
Article 8: Subjects of IEC
1. Every individual has the right to get access to IEC on tobacco control;
2. IEC priorities are given to children, students, people not yet using tobacco, healthcare staff, teachers and people working in social activities, communication, management, policy-making and tobacco trading.
Article 9: Contents of IEC
1. Policies, laws and regulations on tobacco control;
2. Tobacco harms to the health of smokers, children and pregnant women and people being exposed to second hand smoke, surrounding environment; society and economy;
3. Benefits of tobacco cessation and tobacco-free environment
4. Rights and duties of individuals, organizations
Article 10: Forms of IEC
1. Direct implementation
2. Mass media
3. Integrate into teaching programs at educational institutions under national educational system;
4. Literary work, artworks, community activities and other cultural activities;
Article 11: Responsibilities in IEC
1. Ministry of Health assumes the responsibilities to organize and provide scientific information on tobacco harm; take the leading role in collaborating with other relevant Ministries & sectors in organizing information, education and communication about tobacco control.
2. Ministry of Information and Communications has, within its functions and duties, the responsibility to organize, direct information & communication agencies, organizations in the implementation of tobacco control communication and education activities.
3. Ministry of Culture, Sports and Tourism takes responsibilities to integrate/incorporate IEC on tobacco control and measures to reduce tobacco use into cultural, sports and tourism and family life;
4. Ministry of Industry & Trade takes the responsibility to organize information, education and communication about the prevention and combating against trade fraud and smuggling;
5. Ministry of Education & Training takes the responsibility to organize and incorporate IEC contents on tobacco control into general education programs to be appropriate with all education levels;
6. People's Committee at all levels takes the responsibility to organize IEC on tobacco control in the locality;
7. Vietnam Fatherland Front and its member organizations take the responsibility to inform, educate and communicate on tobacco control, motivate and support members in its organization not to smoke and actively get involved in tobacco control;
8. Organizations, agencies or units, within their functions and duties, are responsible for disseminating and educating tobacco control knowledge in full accordance with this Law.
MEASURES TO REDUCE TOBACCO DEMAND
Article 12. Labeling
1. Tobacco products manufactured and imported to Vietnam for consumption must be labeled in Vietnamese, in full accordance with current regulations on goods labeling and must meet the following requirements:
a) Clearly state quantity of cigarettes for tobacco in the form of cigarettes or weight of tobacco for other tobacco products.
b) Print health warnings in words and pictures which must be clear, easy to see, alternatively changed and occupy at least 50% the pack area both on front and back side of all packages.
c) Labels of tobacco product packaging must not contain any information or signs that directly or indirectly show that such tobacco products have less harmful effects than other tobacco products such as "smooth", "mild", "super mild" "low tar" and similar information, signs; or make users misunderstand tobacco and smoke damages to human health.
2. Labeling of exported tobacco products must be in full accordance with requirements of importing countries;
3. The Minister of Health provides specific details on labeling of tobacco products regulated in point b,c, Item 1 of this Article.
Article 13 Sponsorship activities.
Organizations and individuals trading in tobacco products are not allowed to conduct sponsorship activities in any form, except for:
- Sponsorship activities for philanthropic purposes without announcing on mass media;
- Provide financial assistance for smuggling prevention and combating.
Article 14: Public places where smoking is entirely prohibited.
1. Healthcare facilities, schools, nurseries; centers for social protection; moral rehabilitation schools;
2. Entertainment areas for children;
3. Libraries, cinemas and theatres;
4. Public means of transports by land and by air;
5. Working rooms enclosed indoor production areas;
6. Areas at high- risk of fire and explosion;
7. Other public places where smoking is entirely banned.
Article 15: Public places where smoking is limited.
1. Public places where smoking is limited, include:
a, Vocational training, higher education facilities;
c, Cultural houses, gymnasiums, roofed stadiums and exhibition centres;
d, Public means of transport: railway, water-way and air-way.
e, Waiting lounges of stations, terminals, airports and seaports;
f, restaurants, bars, karaoke, hotels, discotheques, and other indoor entertainment areas.
2. Public places regulated in point 1 of this Article can arrange separate areas for smokers, ensuring the following conditions:
a, have separate space from non-smoking areas;
b, have separate air system at enclosed places;
c, existence of tobacco ash containers and signs at suitable locations and easy to see.
d, be equipped with fire prevention equipments.
3. Depending on real situation, the Minister of Health (or the Prime Minister) regulates to turn public places where smoking is limited into entirely non-smoking areas.
Article 16: Responsibilities of smokers
1. Keep hygiene, dispose cigarette ash and ends to regulated areas and implement other regulations on smoking at public places;
2. Not let smoke influence on children, pregnant women and other surrounding people.
Article 17. Responsibilities of leaders/managers of public places
1. Issue and organize the implementation of smoking regulations at locations under their management;
2. Guide, check and ensure people comply with smoking regulations at locations under their management.
Article 18. Cessation
1. Requirements for cessation.
a, Tobacco users voluntarily give up smoking.
b, Be suitable with health status and economic conditions of smoking cessation people.
2. Types of smoking cessation.
a. Counseling, smoking cessation treatment at health facilities.
b. Counseling for smoking cessation provided by organizations, individuals.
Article 19. Responsibilities in Cessation.
1. Ministry of Health is responsible for:
a, Provide specific regulations on conditions for cessation facilities as prescribed in Item 2, Article 18 and processes for cessation.
b, Direct health facilities to organize the implementation of cessation researches, counseling, prevention, diagnosis and treatment;
c, Provide training for healthcare staff about cessation activities and smoking cessation methods;
2. Organizations, schools and families take the responsibility to motivate and support tobacco users in organizations, schools and families to voluntarily give up smoking.
CHAPTER IV: MEASURES TO REDUCE TOBACCO SUPPLY
Article 20. Managerial principles in tobacco trading
1. The state exclusively produces and imports tobacco products and control the consumption of tobacco product;
2. Tobacco trading is a conditional business;
3. Structure tobacco trading towards reducing existing amount of tobacco, enhancing material quality and tobacco products, protecting environment and community health and laborers in tobacco industry.
4. The government provides details on tobacco trading at Item 1,2,3 of this article.
Article 21. Technical standards and specifications of tobacco products
1. Tobacco products manufactured in, imported for consumption in Vietnam must be in line with national technical standards and specifications as announced.
2. Tobacco product manufacturing, trading and import facilities must be responsible for:
a) Announce and ensure tobacco products manufactured, traded and imported by their own facilities to be in line with Vietnamese standards and technical specification as announced;
b) Regularly examine and be responsible for the quality, hygiene and safety for tobacco products manufactured, traded and imported by their own facilities.
c, Announce the composition of some harmful chemicals in tobacco smoke in full accordance with the Minister of Health.
3. Minister of Health will be responsible for developing and issuing technical standards on hygiene and safety for tobacco products
Article 22. Quantity and weight of cigarette in pack or packet
1. Number of cigarettes packed in a cigarette packet should not be fewer than 20 sticks except for cigars.
2. Weight of other tobacco products in a pack or packet should not be less than 30 gram.
Article 23. Tobacco sales.
1. Tobacco selling must meet the following requirements:
a, Enterprises, wholesale agencies must have tobacco selling licenses in accordance with government regulations;
b, At points of sale, there must be health warnings and notice which says " no sale to children under 18 years-old".
2. Organizations, individuals are not allowed to organize for sales, allow sales of tobacco at public places where smoking is entirely prohibited except for duty-free shops.
Article 24. Measures to prevent & combat against smuggling, fake tobacco and poor quality tobacco.
1. Communicate, educate to raise awareness among people for not participating in smuggling, transporting smuggled tobacco, fake tobacco or tobacco products that do not meet quality requirements;
2. Organize forces and ensure the funding, equipments for specialized task forces in preventing and combating against smuggling, fake tobacco, and poor quality tobacco products;
3. Periodically and regularly organize for examination, handling sales of smuggled tobacco, fake tobacco, poor quality tobacco products;
4. Confiscate and eliminate smuggled tobacco, fake tobacco, poor quality products; eliminate all types of machineries used for tobacco industry having no value in use and being liquidated.
5. Provide economic & spiritual encouragements to motivate agencies, units, organizations and individuals to detect violations in smuggling, fake and poor quality tobacco products trading;
6. Motivate enterprises trading in tobacco to support fund for activities in the field of anti-smuggling, fake tobacco products and poor quality tobacco products.
Article 25. Responsibilities in preventing and combating against tobacco illicit trade, fake and poor quality tobacco products.
1. Ministry of Industry and Trade, Ministry of Public Security, Ministry of National Defense and relevant Ministries/sectors, within their functions and power, take the responsibility to organize the prevention and combating against smuggling, fake and poor quality tobacco products trading;
2. Ministry of Finance, People's Committee of provinces take the responsibility to ensure finance from the budget for tobacco smuggling, fake and poor quality tobacco products;
3. People's Committee of all levels takes the responsibility to lead, coordinate with local organizations to organize, direct and allocate human resources and specific responsibilities for relevant agencies to get involved in preventing and combating against smuggling, fake and poor quality tobacco products.
CHAPTER V: OTHER MEASURES IN TOBACCO CONTROL
Article 26. Taxation policies
1. The government regulates tax level for tobacco products at high level, meeting the requirements of tobacco control;
2. The Minister of Health take the responsibility to study and propose tax increase roadmap to be appropriate in each phase.
Artilce 27. Fees for promoting community's health.
1. Tobacco manufacturers and importers must extract fees for promoting community's health;
2. Community's health fee is calculated at 1% of ex-work prices or import prices per each pack, packet or carton.
3. All fees for community's health promotion will be spent on tobacco control activities
4. Minister of Finance provides concrete guidelines on collection, submission and utilization of fees for protecting community's health
Article 28. Tobacco Control and Health Promotion Foundation
1. Tobacco Control and Health Promotion Foundation is a national fund managed by Ministry of Health established by the Prime Minister to mobilize, supply and allocate financial resources for tobacco control and community health promotion activities in Vietnam.
2. The foundation is formulated from following sources:
a) Fees for Community health promotion;
b) State budget provided at the time of its establishment;
c, Money collected from violation punishment in trading and tobacco consumption;
d) Aid & contributions of local and international, enterprises, individuals and organizations.
e, Other funding sources as per state regulations.
3. Tobacco Control and Health Promotion Foundation operates as the focal point for mobilizing, establishing and receiving financial resources for tobacco control activities. This foundation will support the following activities:
a, Cessation research and organization
b, IEC activities about tobacco control
c, Tobacco control activities of relevant organizations, agencies and individuals;
d, Formulate and develop collaborators in tobacco control
Article 29. Validity.
This Law comes into full force from ….. / ….. /2011.
Article 42. Implementation guidelines.
The Government provides detailed regulations on tobacco production, trading; apply administrative punishment in tobacco control and provides concrete guidelines to implement this Law.
This Law has been adopted by the National Assembly of Vietnam on ..... / ...../ 2011
Chairperson of National Assembly