Law on Prevention and Control of Harmful Effects of Tobacco No. 09/2012/QH13

LAW

Prevention and Control of Harm Caused by Tobacco

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Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992 as amended and supplemented by Resolution number 51/2001/QH10;

The National Assembly promulgates the Law on Prevention and Control of Harm Caused by Tobacco.

Chapter I GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law stipulates measures to reduce demand for tobacco products, control supply sources of tobacco, and conditions to ensure prevention and control of harm caused by tobacco.

Article 2. Interpretation of Terms

In this Law, the following terms shall be understood as follows:

1. - Cigarettes is a product made from all or part of tobacco raw materials, processed in the form of cigarettes, cigars, shredded tobacco, chewing tobacco, or other forms.

2. Using tobacco is the act of smoking, chewing, sniffing, inhaling, or holding tobacco products in the mouth.

3. Tobacco raw material is loose tobacco leaves, sheets that have been roughly processed to remove stems, shredded tobacco, tobacco stems, and alternative materials used to produce tobacco products.

4. Harm caused by tobacco is the harmful impact of tobacco production and use on human health, the environment, and economic and social development.

5. Health warning is information conveyed through text and images describing or explaining the harmful effects of tobacco use on human health.

6. Tobacco business is the continuous implementation of one or more stages of the process from tobacco production, importation to consumption in the market with the aim of profit-making.

7. Public place is a location serving the common needs of many people.

8. Place of Work is a place used for work purposes.

9. Inside a building is a place covered by a roof and surrounded by one or more walls or partitions.

Article 3. Principles of Prevention and Control of Harm Caused by Tobacco

1. Focus on implementing measures to reduce demand for tobacco use combined with control measures to gradually reduce the supply of tobacco.

2. Emphasize informational, educational, and communication measures to raise awareness about the harm caused by tobacco, thereby reducing the rate of tobacco use and its harmful effects.

3. Implement inter-sectoral coordination, mobilize society, and promote international cooperation in preventing and controlling harm caused by tobacco.

4. Ensure everyone's right to live and work in a smoke-free environment and to be fully informed about the harm caused by tobacco.

Article 4. State Policy on Prevention and Control of Harm Caused by Tobacco

1. Socialize resources to implement tobacco harm prevention and control activities.

2. Apply appropriate tax policies to reduce the rate of tobacco use.

4. Encourage and create conditions for domestic and foreign agencies, organizations, and individuals to participate in providing counseling and tobacco cessation services; research on tobacco harm, tobacco cessation methods; research and produce tobacco cessation drugs; cooperate and sponsor tobacco harm prevention and control; voluntary participation of tobacco users in tobacco cessation.

5. Encourage and create conditions for organizations and individuals engaged in growing tobacco plants, producing tobacco, and processing tobacco raw materials to switch industries or professions.

6. Reward agencies, organizations, and individuals with outstanding achievements in tobacco harm prevention and control.

Article 5. State Management Responsibilities for Prevention and Control of Harm Caused by Tobacco

1. The Government exercises unified state management over prevention and control of harm caused by tobacco.

2. The Ministry of Health is responsible before the Government for implementing state management over prevention and control of harm caused by tobacco and has the following tasks and powers:

a) Submit to the Government and the Prime Minister for issuance, and issue within its authority, legal normative documents, strategies, policies, plans on prevention and control of harm caused by tobacco, national technical standards on tobacco;

b) Direct and organize the implementation of legal normative documents, strategies, policies, and plans on prevention and control of harm caused by tobacco;

c) Organize information dissemination, education, and communication on prevention and control of harm caused by tobacco;

d) Organize training and strengthening of personnel involved in prevention and control of harm caused by tobacco;

đ) Organize research, consultation, prevention, diagnosis, and treatment of tobacco addiction;

e) Inspect, supervise, resolve complaints and denunciations, and handle violations of law in prevention and control of harm caused by tobacco within its authority;

g) Annually compile and report to the Government on the results of prevention and control of harm caused by tobacco;

h) International cooperation in prevention and control of harm caused by tobacco.

3. Other ministries and equivalent agencies within their respective duties and powers actively carry out tasks related to prevention and control of harm caused by tobacco; coordinate with the Ministry of Health in implementing state management over prevention and control of harm caused by tobacco.

4. People's Committees at all levels within their respective duties and powers implement state management over prevention and control of harm caused by tobacco; take the lead in organizing, directing, and being responsible for implementing regulations on tobacco-free public places in their localities.

Article 6. Responsibilities of Heads of Agencies, Organizations, and Localities in Preventing and Combating the Harms of Tobacco

1. Incorporate contents on preventing and combating the harms of tobacco into annual activity plans and include regulations prohibiting smoking at workplaces in internal rules.

2. Include provisions limiting or prohibiting smoking at weddings, funerals, and community festivals in village covenants.

3. Set an example in implementing and mobilizing agencies, organizations, and localities to comply with laws on preventing and combating the harms of tobacco.

Article 7. Rights and Obligations of Citizens in Preventing and Combating the Harms of Tobacco

1. Live and work in environments free from tobacco smoke.

2. Request smokers not to smoke at locations where smoking is prohibited.

3. Mobilize and publicize others not to use tobacco and quit tobacco addiction.

4. Demand agencies, organizations, and individuals with authority to handle those who smoke at locations where smoking is prohibited.

5. Report or denounce agencies and individuals with authority for failing to handle those who smoke at locations where smoking is prohibited.

Article 8. International Cooperation in Preventing and Combating the Harms of Tobacco

1. Expand international cooperation in preventing and combating the harms of tobacco with countries and international organizations based on equality, respect for independence and sovereignty, and in accordance with each country's laws and international law and practices.

2. Contents of international cooperation include:

a) Cooperate in preventing and combating illicit and counterfeit tobacco products.

b) Cooperate in banning cross-border tobacco advertising, promotion, and sponsorship.

c) Cooperate in scientific research, training, financial support, and information exchange related to preventing and combating the harms of tobacco.

Article 9. Prohibited Acts

1. Producing, selling, importing, storing, transporting counterfeit tobacco products or products designed to resemble cigarette packs or cigarettes; selling, storing, transporting raw materials for tobacco or illicit tobacco.

2. Advertising, promoting tobacco; directly marketing tobacco to consumers through all forms.

3. Sponsorship by organizations or individuals engaged in tobacco business, except as provided for in Article 16 of this Law.

4. Individuals under 18 years old using, buying, or selling tobacco.

5. Using individuals under 18 years old to buy or sell tobacco.

6. Selling or providing tobacco to individuals under 18 years old.

7. Selling tobacco through automatic vending machines; smoking or selling tobacco at locations where it is prohibited.

8. Using images of tobacco in publications specifically for children.

9. Mobilizing or compelling others to use tobacco.

Chapter II MEASURES TO REDUCE DEMAND FOR TOBACCO USE

Article 10. Information, Education, and Communication on Preventing and Combating the Harms of Tobacco

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

a) Provide information openly, scientifically, accurately, and objectively about tobacco and its harms.

b) Diversify content, forms, and channels of information suitable for the target audience.

2. Information, education, and communication shall include the following contents:

a) Policies and laws on preventing and combating the harms of tobacco.

b) The harms of tobacco to the health of users, children, pregnant women, people affected by secondhand smoke, living environment, and socio-economy.

c) The harms of producing, selling, storing, transporting, using counterfeit tobacco, and selling, storing, transporting, using illicit tobacco to the health of users and socio-economy.

d) Measures for quitting tobacco addiction, benefits of quitting tobacco, and smoke-free living environments.

đ) Rights, responsibilities, and obligations of agencies, organizations, and individuals in preventing and combating the harms of tobacco.

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

a) The Ministry of Health is responsible for organizing and providing scientific information on the harms of tobacco; leading and coordinating with relevant ministries and sectors to organize information, education, and communication on preventing and combating the harms of tobacco.

b) The Ministry of Information and Communications is responsible for organizing and directing information and communication agencies to implement activities on information and communication on preventing and combating the harms of tobacco.

c) The Ministry of Culture, Sports and Tourism is responsible for organizing the dissemination of information and propaganda on preventing and combating the harms of tobacco and measures to limit tobacco use in cultural, sports, tourism activities, and family life; stipulating restrictions on the use of images of actors using tobacco in film, stage, and television works.

d) The Ministry of Industry and Trade is responsible for organizing information and propaganda on preventing and combating illicit and counterfeit tobacco.

đ) The Ministry of Education and Training is responsible for building content on preventing and combating the harms of tobacco and integrating it into appropriate educational programs.

e) People's Committees at all levels are responsible for organizing information, education, and communication on preventing and combating the harms of tobacco in their localities.

g) The Vietnam Fatherland Front and its member organizations are responsible for disseminating information, propaganda, mobilizing members within their organizations and the whole society not to use tobacco, actively participating in preventing and combating the harms of tobacco.

h) Other agencies and organizations within their scope of duties and powers are responsible for organizing information, education, and communication on preventing and combating the harms of tobacco as prescribed by this Law.

Article 11. Places Prohibited from Smoking Completely

1. Places prohibited from smoking completely indoors and within the premises include:

a) Medical facilities;

b) Educational institutions, except for those specified in point b, Clause 2 of this Article;

c) Facilities dedicated to childcare, nurturing, play, and entertainment for children;

d) Areas with high fire and explosion risks.

2. Places prohibited from smoking completely indoors include:

a) Workplaces;

b) Colleges, universities, and academies;

c) Public places, except for cases stipulated in Clause 1 of this Article and Clause 1 of Article 12 of this Law.

3. Public transportation vehicles prohibited from smoking completely include automobiles, aircraft, and electric trains.

Article 12. Places Prohibited from Smoking Indoors but Allow Designated Smoking Areas

1. Places prohibited from smoking indoors but allow designated smoking areas include:

a) Airport isolation zones;

b) Bars, karaoke venues, nightclubs, hotels, and tourist accommodation facilities;

c) Public transportation vessels such as ships and trains.

2. Designated smoking areas must meet the following conditions:

a) Have separate rooms and ventilation systems isolated from non-smoking areas;

b) Have ashtrays and appropriate warning signs visible at suitable locations;

c) Have fire prevention and extinguishing equipment.

3. Encourage heads of establishments specified in Clause 1 of this Article to implement complete indoor smoking bans.

4. The Government shall regulate the transition of places specified in Clause 1 of this Article to become completely smoke-free indoor areas according to different periods.

Article 13. Obligations of Smokers

1. Not to smoke in places where smoking is prohibited.

2. Not to smoke indoors when there are children, pregnant women, patients, or elderly people present.

3. Maintain cleanliness, dispose of cigarette ashes and butts properly in designated smoking areas.

Article 14. Rights and Responsibilities of Heads and Managers of Smoke-Free Areas

1. Heads and managers of smoke-free areas have the following rights:

a) To compel violators to stop smoking in smoke-free areas; impose administrative penalties as prescribed by law;

b) To request violators of smoking prohibitions to leave their premises;

c) To refuse service to violators of smoking prohibitions if they continue to violate after being reminded.

2. Heads and managers of smoke-free areas have the following responsibilities:

a) To comply with the provisions of Article 6 of this Law;

b) To organize, guide, inspect, and urge everyone to comply with the regulations on smoking prohibition in areas under their management and control; hang warning signs prohibiting smoking in smoke-free areas.

Article 15. Labeling and Health Warning Messages on Cigarette Packaging

1. Cigarettes produced or imported for sale in Vietnam must be labeled and have health warning messages printed on cigarette packaging.

2. Labeling of cigarettes produced or imported for sale in Vietnam must be done in Vietnamese, in accordance with legal regulations on product labeling and must meet the following requirements:

a) Print health warnings using both text and images that are clear, easy to read, and understand;

b) Attach labels or print barcode numbers; indicate production date and expiration date;

c) Clearly state the number of cigarettes in a pack or the weight of other types of tobacco products;

d) Do not use terms or phrases that may lead consumers to believe that cigarettes are less harmful or misinterpret the health effects of smoking and secondhand smoke.

3. The content of health warnings on cigarette packaging must specifically describe the health hazards of smoking and other appropriate messages, and must be updated every two years.

4. Health warnings specified in point a, Clause 2 of this Article must cover at least 50% of the main front and back surfaces of cigarette packs, cartons, and boxes.

5. Labeling on cigarette packaging for export must be carried out according to the requirements of the importing country.

6. The Minister of Health shall take the lead and coordinate with the Minister of Industry and Trade to specify detailed regulations on labeling and printing health warnings for cigarettes as stipulated in Clauses 2, 3, and 4 of this Article.

7. The Government shall specify detailed increases in the area allocated for health warnings according to different periods.

Article 16. Sponsorship Activities

Organizations and individuals engaged in tobacco business may only sponsor humanitarian programs aimed at eradicating poverty, reducing poverty; preventing natural disasters, epidemics, disasters; combating illegal tobacco smuggling, and such sponsorship shall not be advertised on mass media.

Article 17. Tobacco Cessation

1. Tobacco cessation activities shall be conducted on a voluntary basis.

2. Agencies, organizations, and individuals may organize activities or establish facilities to provide counseling and tobacco cessation services.

3. Production facilities for tobacco cessation products and counseling centers for tobacco cessation shall enjoy tax incentives as prescribed by tax laws.

4. The Government shall stipulate conditions for establishing and operating tobacco cessation and counseling services as provided for in Clause 2 of this Article.

Article 18. Responsibilities in Supporting Tobacco Cessation

1. The Ministry of Health shall have the following responsibilities:

a) Directing the procedures for tobacco cessation;

b) Leading tobacco cessation activities and researching, advising on tobacco cessation;

c) Directing training programs for healthcare staff and tobacco cessation counselors on counseling and tobacco cessation methods.

2. People's Committees at all levels shall facilitate activities related to tobacco cessation and counseling.

3. Agencies, organizations, and individuals shall encourage employees and family members to voluntarily quit smoking.

Chapter III MEASURES TO CONTROL SUPPLY SOURCES OF TOBACCO

Article 19. Management of Tobacco Business

1. Tobacco business is a conditional trade sector. Organizations and individuals involved in buying, selling, processing, importing raw materials for tobacco; producing, buying, selling, importing tobacco must hold licenses issued by competent state authorities.

3. The Government shall specify the issuance of licenses for buying, selling, processing, importing raw materials for tobacco; producing, buying, selling, importing tobacco as stipulated in Clause 1 of this Article.

1. Tobacco business planning must align with socio-economic development goals, policies, and laws on preventing and controlling the harmful effects of tobacco to gradually reduce tobacco supply sources, consistent with decreasing demand for tobacco use, and provide solutions to gradually transition farmers growing tobacco plants and tobacco production workers to other industries.

2. The Ministry of Industry and Trade shall lead and coordinate with relevant ministries and sectors to develop and submit

3. Provincial People's Committees and municipal people's committees under the central government shall approve and implement regional raw material tobacco planting plans and local tobacco sales network plans in accordance with the tobacco business planning stipulated in this Article.

Article 21. Control of Investment in Tobacco Production

2. New construction investments, expansion of scale, and increased capacity of tobacco production facilities for domestic consumption shall not exceed the total permitted production volume of the entire tobacco industry prior to the effective date of this Law.

3. Foreign-invested projects producing tobacco must meet the following conditions:

a) Joint ventures or cooperation with enterprises already holding tobacco production licenses;

b) State ownership of a controlling share in the registered capital of the enterprise;

c) Compliance with tobacco production conditions as prescribed by the Government.

4. Industrial property licensing contracts for tobacco production can only be implemented at enterprises already holding tobacco production licenses after approval.

5. Contracts for tobacco production for export and tobacco processing for export shall not be counted towards the permitted production volume for domestic consumption and can only be implemented at enterprises already holding tobacco production licenses after written approval by the Minister of Industry and Trade.

6. Investments in tobacco production and processing for export exceeding the permitted production volume of the facility must be approved in writing by the Minister of Industry and Trade.

Article 22. Control of domestic cigarette consumption volume

1. Control of domestic cigarette consumption volume includes the following measures:

a) Managing the permitted production and import volumes of cigarettes;

b) Affixing labels or printing barcodes on cigarette packaging;

c) Managing the capacity of cigarette-specific machinery and equipment;

d) Managing tobacco raw materials and cigarette paper;

đ) Managing the origin, movement, and legality of cigarettes.

2. The Minister of Industry and Trade shall publicly announce the permitted production and import volumes of cigarettes for domestic consumption by each enterprise in accordance with their production capacity and market demand.

3. The Government shall specify the detailed measures for managing cigarette-specific machinery and equipment, raw materials, and cigarette paper.

Article 23. National technical standards for cigarettes

1. Cigarettes produced or imported for consumption in Vietnam must comply with national technical standards for cigarettes and basic standards for cigarettes that the manufacturer has announced.

2. Production and import establishments of cigarettes must comply with the following requirements:

a) Announcing basic standards for cigarettes;

b) Ensuring that cigarettes produced or imported by the establishment comply with national technical standards for cigarettes and basic standards for cigarettes that the manufacturer has announced;

c) Regularly inspecting and being responsible for the compliance of cigarettes produced or imported by the establishment with national technical standards and announced basic standards.

3. The Minister of Health shall issue national technical standards for cigarettes.

Article 24. Number of cigarettes in a pack

Within three years from the date this Law comes into effect, the number of cigarettes packaged in one pack of cigarettes shall not be less than twenty, except for cigars and cigarettes produced for export.

Article 25. Sale of cigarettes

1. The sale of cigarettes must meet the following requirements:

a) Enterprises, wholesale agents, retail agents selling cigarettes must have a permit to sell cigarettes as prescribed by the Government;

b) The person in charge at the point of sale of wholesale agents, retail agents selling cigarettes must display a notice prohibiting the sale of cigarettes to persons under eighteen years old; retail agents, retail points of cigarettes may not display more than one pack, one bundle, or one box of a cigarette brand.

2. Organizations, individuals shall not organize, allow, or sell cigarettes at locations specified in Articles 11 and 12 of this Law, except for point a of Clause 1 of Article 12 of this Law; they shall not sell cigarettes outside the gates of kindergartens, primary schools, secondary schools, high schools, medical research institutes, hospitals, maternity homes, preventive healthcare centers, commune health stations, ward health stations, town health stations within a range of one hundred meters (m) from the nearest boundary of such facilities.

Article 26. Measures to prevent and combat smuggled and counterfeit cigarettes

1. Propaganda and education to raise awareness so that people do not participate in trading, transporting, storing, or using smuggled and counterfeit cigarettes.

2. Organizing and ensuring sufficient human resources, funding, and means for forces combating smuggled and counterfeit cigarettes.

3. Regularly organizing inspections, checks, and handling of business activities involving smuggled and counterfeit cigarettes.

4. Seizing and destroying counterfeit cigarettes; seizing and destroying machines and equipment used to produce counterfeit cigarettes. Destruction must use methods ensuring environmental safety. The cost of destruction shall be borne by the individual or organization violating the law. In cases where the violator cannot be identified, the cost of destruction shall be borne by the state budget.

5. Handling of smuggled cigarettes shall be carried out in accordance with the provisions of the Government.

6. Encouraging material and spiritual incentives for agencies, organizations, and individuals who have discovered and reported illegal business activities involving smuggled and counterfeit cigarettes.

7. Coordinating at provincial and national levels with neighboring countries and relevant countries in preventing and combating illegal cigarette trade.

Article 27. Responsibilities for Preventing and Combating Smuggled and Counterfeit Cigarettes

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 be responsible within their respective duties and authorities to organize work to prevent and combat smuggled and counterfeit cigarettes.

2. People's Committees at all levels shall be responsible for taking the lead, coordinating with relevant agencies at the local level to organize, direct, allocate forces, and assign specific responsibilities to relevant agencies to implement work to prevent and combat smuggled and counterfeit cigarettes.

3. The Minister of Finance, the Chairman of the People's Committee of provinces and centrally governed cities shall be responsible for ensuring funding for work to prevent and combat smuggled and counterfeit cigarettes.

Chapter IV CONDITIONS TO ENSURE THE PREVENTION AND CONTROL OF TOBACCO HARM

1. The Fund for Prevention and Control of Tobacco Harm (hereinafter referred to as the Fund) is a national fund under the Ministry of Health and subject to state financial management by the Ministry of Finance. The Fund is a state financial organization with legal personality, its own seal, and separate accounts.

2. The Fund shall be managed by a multi-sector Management Board. The multi-sector Management Board consists of a Chairperson, Vice-Chairpersons, and members. The Chairperson of the Board is the Minister of Health, the Vice-Chairperson is the leader of the Ministry of Finance, and the members are representatives of the leaders of the Ministry of Industry and Trade, the Ministry of Education and Training, the Ministry of Information and Communications, and other relevant agencies, organizations, and individuals.

3. The Prime Minister decides on the establishment and approves the Charter of the Fund's organization and activities.

4. Every two years, the Government reports to the National Assembly on the results of the Fund's operations and management.

1. The Fund operates without profit-making objectives and has the function of mobilizing, providing, and allocating financial resources of the Fund for tobacco harm prevention and control activities nationwide.

2. The Fund has the following tasks:

a) Communicating about the harms of tobacco and preventing and controlling tobacco harm suitable for different target groups;

b) Developing and implementing model communities, agencies, and organizations that are smoke-free; developing and expanding effective models;

c) Organizing community-based campaigns and initiatives for tobacco harm prevention and control; advising on organizing designated smoking areas in public places;

d) Organizing tobacco cessation programs;

đ) Developing and implementing community-based model programs for tobacco cessation and expanding effective models;

e) Conducting research to provide evidence for tobacco harm prevention and control efforts;

g) Building, supporting activities, and enhancing the capacity of networks of collaborators working on tobacco harm prevention and control;

h) Developing content and implementing education on the harms of tobacco and tobacco harm prevention and control into appropriate educational programs at various levels;

i) Implementing measures to transition industries and professions for tobacco growers, tobacco raw material processors, and cigarette manufacturers.

1. The Fund shall be formed from the following sources:

a) Mandatory contributions from tobacco production and import establishments calculated as a percentage (%) of the special consumption tax value according to the following schedule: 1.0% from May 1, 2013; 1.5% from May 1, 2016; 2.0% from May 1, 2019. These mandatory contributions shall be declared and paid together with the special consumption tax by the tobacco production and import establishments themselves, directly deposited into the Fund's account.

b) Voluntary donations and contributions from domestic and foreign organizations and individuals.

c) Other lawful sources of income.

2. The Fund shall be used according to the following principles:

a) The Fund may only be used for tasks specified in Clause 2 of Article 29 of this Law and Point e of this Clause.

b) The content of expenditures from the Fund shall be based on annual activity plans, short-term and long-term programs and strategies, and priority goals for each phase, all approved by the Inter-ministerial Management Council.

c) Annual audits of the Fund shall be conducted in accordance with the provisions of the law.

d) Transparency.

e) Ensuring efficient use of the Fund’s financial resources.

f) Administrative management costs shall be determined in accordance with the regulations of the Government.

Article 31. Handling Violations of Laws on Preventing and Combating the Harmful Effects of Tobacco

1. Organizations and individuals who violate laws on preventing and combating the harmful effects of tobacco shall be subject to disciplinary action, administrative penalties, and if damage is caused, they must compensate according to the law; individual violators may also be criminally prosecuted under the law.

2. Administrative violations in the field of preventing and combating the harmful effects of tobacco shall be handled in accordance with the law on handling administrative violations.

Article 32. Responsibilities for Handling Violations of Laws on Preventing and Combating the Harmful Effects of Tobacco

1. Authorities responsible for handling administrative violations have the responsibility to promptly inspect, detect, and handle violations of laws on preventing and combating the harmful effects of tobacco; if they tolerate, cover up, fail to handle, or handle improperly and untimely, they will be subject to legal sanctions depending on the nature and severity of the violation.

2. The Ministry of Health is responsible for organizing the handling of administrative violations related to smoking in prohibited areas and violations of laws on preventing and combating the harmful effects of tobacco within its assigned sector.

3. The Ministry of Public Security is responsible for organizing the handling of violations related to smoking in prohibited areas and violations of laws on preventing and combating the harmful effects of tobacco within its assigned sector.

4. The Ministry of Industry and Trade is responsible for leading and coordinating with relevant ministries and sectors to organize the handling of administrative violations related to illegal tobacco imports and counterfeit tobacco products within its assigned sector.

5. The Ministry of National Defense is responsible for leading and coordinating with relevant ministries and sectors to organize the handling of violations related to illegal tobacco imports and counterfeit tobacco products in border areas and within its assigned sector.

6. Ministries and agencies at the level of ministries are responsible for leading and coordinating with relevant ministries and sectors to organize the handling of administrative violations related to preventing and combating the harmful effects of tobacco within their assigned sectors.

7. People's Committees at all levels are responsible for leading and coordinating with relevant agencies and organizations to organize, direct, allocate forces, and assign specific responsibilities to organizations and individuals involved in handling administrative violations related to smoking in prohibited areas, illegal tobacco imports, and counterfeit tobacco products. The Chairperson of the People's Committee at the commune level is responsible for leading and organizing the imposition of fines for smoking in public places with prohibitions within their jurisdiction.

8. Agencies and persons authorized to inspect and supervise the implementation of laws on preventing and combating the harmful effects of tobacco as stipulated in Clauses 2, 4, 6, and 7 of this Article, upon discovering violations that indicate criminal offenses, must transfer them to the competent investigative body to pursue criminal responsibility according to the law.

Chapter V IMPLEMENTATION PROVISIONS

Article 33. Effective Date

This Law shall take effect from May 1, 2013.

Article 34. Transitional Provisions

Cigarette packs, tins, and boxes produced or imported for sale in the Vietnamese market in accordance with the corresponding labeling and health warning printing requirements of the law prior to the effective date of this Law shall not be used six months after the effective date of this Law.

Article 35. Detailed regulations and guidance on implementation

The Government shall provide detailed regulations and guidance for the implementation of the provisions assigned in this Law.

This Law was passed by the National Assembly of the Socialist Republic of Vietnam, XIIIth term, third session, on June 18, 2012./.