Decree No. 77/2013/NĐ-CP detailing the implementation of the Law on Prevention and Control of Harmful Effects of Tobacco regarding certain measures to prevent and control the harmful effects of tobacco.

DECREE

Article 24detailing the implementation LAmendment and Supplement to Certain Provisions of the Tobacco Control Law "5. The pre-tax weighted average cost of capital i (%) is determined according to the formula below:dated June 18, 2012;

 of certain measures to prevent and control the harmful effects of tobacco

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Pursuant to the Law is agencies and organizations registered to participate in the System with one or more roles as follows: dated December 25, 2001;

Pursuant to the Law "5. The pre-tax weighted average cost of capital i (%) is determined according to the formula below:to prevent and control the harmful effects of tobacco smoke day 18 thJune 2024;2012;

Pursuant to the proposal of the Minister of Health;

hand project management units managing one construction project in accordance with current laws on project management for construction investment (excluding project management units that are member organizations of enterprises);the Government promulgates this Decree detailing the implementationi of the Law "5. The pre-tax weighted average cost of capital i (%) is determined according to the formula below:on preventing and controlling the harmful effects of tobacco smoke number of policies for preferential treatment and encouragementNo. measures to prevent and control the harmful effects of tobacco smoke,

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree details the implementation of Clause 4 Article 12, Clause 7 Article 15, Clause 2, Clause 4 Article 17 of the Law on Preventing and Controlling the Harmful Effects of Tobacco regarding the conditions for establishment and organization of activities for drug rehabilitation, tobacco cessation counseling, changing designated smoking areas in buildings with separate smoking rooms into completely smoke-free indoor areas, and increasing the area for health warning labels on tobacco packaging.

Article 2. Interpretation of Terms

1. Tobacco cessation is the application of methods to help tobacco users quit using tobacco.

2. Tobacco cessation counseling is the provision of information to tobacco users to enable them to choose and voluntarily quit using tobacco.

Chapter II
CONDITIONS FOR ESTABLISHMENT AND ORGANIZATION OF ACTIVITIES

 DRUG REHABILITATION, TOBACCO CESSATION COUNSELING

Article 3. Forms of organization of drug rehabilitation and tobacco cessation counseling activities

1. Agencies, organizations, and individuals establish drug rehabilitation centers and tobacco cessation counseling centers in accordance with the provisions of this Decree.

2. Medical facilities organize drug rehabilitation and tobacco cessation counseling activities.

Article 4. Conditions for establishing drug rehabilitation centers

1. Have a decision on establishment from the competent state agency for state-owned centers or have a business registration certificate from the competent state agency for private centers.

2. Have sufficient material resources to ensure the operation of drug rehabilitation and tobacco cessation counseling activities:

a) Have communication materials on drug rehabilitation and tobacco cessation counseling including: bookshelves, posters, leaflets, audiovisual materials providing information on drug rehabilitation and tobacco cessation counseling;

b) Manage information and data on drug rehabilitation and tobacco cessation counseling on computers;

c) Have a dedicated room for drug rehabilitation and tobacco cessation counseling activities with a minimum area of 10 square meters; have sufficient equipment to ensure the operation of drug rehabilitation and tobacco cessation counseling activities.

3. Have personnel directly conducting drug rehabilitation activities and must meet the following conditions:

a) Hold a medical practice license;

b) Adhere to the drug rehabilitation process.

4. Have personnel directly conducting tobacco cessation counseling activities who have knowledge and understanding of the harmful effects of tobacco on health, diseases caused by tobacco, and the content of tobacco cessation counseling as stipulated in Clause 3 Article 8 of this Decree.

Article 5. Conditions for establishing tobacco cessation counseling centers

1. Have a decision on establishment from the competent state agency for state-owned centers or have a business registration certificate from the competent state agency for private centers.

2. Have sufficient material resources to ensure the operation of tobacco cessation counseling activities:

a) Have communication materials as specified in Point a Clause 2 Article 4 of this Decree;

b) Manage information and data on tobacco cessation counseling on computers;

c) Have a dedicated room for direct tobacco cessation counseling activities with a minimum area of 10 square meters; have telephones, internet, and other communication means to ensure indirect tobacco cessation counseling activities.

3. Have personnel directly conducting tobacco cessation counseling activities as stipulated in Clause 4 Article 4 of this Decree.

Article 6. Conditions for organizing drug rehabilitation and smoking cessation counseling activities at medical examination and treatment facilities

1. Being a medical examination and treatment facility that has been granted a business license in accordance with the laws on medical examination and treatment.

2. For smoking cessation activities: Meeting the conditions stipulated in Clause 2, Clause 3, and Clause 4 of Article 4 of this Decree.

3. For smoking cessation counseling activities: Meeting the conditions stipulated in Clause 2 and Clause 3 of Article 5 of this Decree.

Article 7. Activities of smoking cessation facilities and medical examination and treatment facilities organizing smoking cessation and counseling activities

1. Smoking cessation facilities meeting the conditions stipulated in Article 4 of this Decree and medical examination and treatment facilities meeting the conditions stipulated in Article 6 of this Decree shall carry out smoking cessation and smoking cessation counseling activities.

2. The facility must submit a document to the Provincial Department of Health where the facility operates, notifying about its smoking cessation and smoking cessation counseling activities in accordance with Article 9 of this Decree.

3. Smoking cessation activities must be carried out strictly in accordance with the procedures issued by the Minister of Health.

4. Smoking cessation drugs must be legally circulating drugs in accordance with the laws on pharmaceuticals. Supporting products for smoking cessation, including patches, lozenges, sprays, or other supporting smoking cessation products, must ensure quality and safety for the person undergoing smoking cessation and must be registered and announced for quality standards at competent state agencies in accordance with the law.

Article 8. Activities of smoking cessation counseling facilities

1. Smoking cessation counseling facilities meeting the conditions stipulated in Article 5 of this Decree can only carry out smoking cessation counseling activities and not smoking cessation activities.

2. The facility must submit a document to the Provincial Department of Health where the facility operates, notifying about its smoking cessation counseling activities in accordance with Article 9 of this Decree.

3. The content of smoking cessation counseling must provide the following information fully:

a) The harm of tobacco to the health of users and those around them;

b) The benefits of smoking cessation and smoke-free living environments;

c) Suitable smoking cessation methods for the person undergoing smoking cessation;

d) Potential health impacts on the person undergoing smoking cessation and ways to address them.

Article 9. Notification of smoking cessation and smoking cessation counseling activities

1. The content of the notification from smoking cessation facilities, smoking cessation counseling facilities, and medical examination and treatment facilities organizing smoking cessation and smoking cessation counseling activities sent to the Provincial Department of Health includes the following information:

a) Name and address of the facility;

b) Decision number for establishment of the State-owned facility or business registration certificate number for private facilities; operating permit number for medical examination and treatment facilities;

c) Scope of smoking cessation and smoking cessation counseling activities of the facility;

d) Full name, national identity card number, residential address of the head of the facility; full name, medical practice certificate number of the person directly implementing smoking cessation activities for smoking cessation facilities and medical examination and treatment facilities organizing smoking cessation and smoking cessation counseling activities;

e) List of facilities ensuring the operation of the facility.

2. Before carrying out smoking cessation and smoking cessation counseling activities, smoking cessation facilities, smoking cessation counseling facilities, and medical examination and treatment facilities organizing smoking cessation and smoking cessation counseling activities that meet the required conditions must directly send a document to the Provincial Department of Health where the facility operates, notifying about the activities of the facility according to the contents stipulated in Clause 1 of this Article.

3. The facility may carry out smoking cessation and smoking cessation counseling activities ten days after directly sending the notification document about the facility's activities to the Provincial Department of Health where the facility operates.

4. The Provincial Department of Health is responsible for issuing a receipt for the notification document about the facility's smoking cessation and smoking cessation counseling activities upon receipt of the document and creating favorable conditions, guiding, inspecting, and supervising the facilities throughout their operations.

Chapter III
TRANSFER NON-SMOKING AREAS INSIDE BUILDINGS

 TO DESIGNATED SMOKING AREAS

 TO COMPLETELY NON-SMOKING AREAS INSIDE BUILDINGS

 AND INCREASE WARNING HEALTH LABELS ON TOBACCO PACKAGING

 SIZE

Article 10. Transfer of smoking prohibition areas in buildings with designated smoking zones to completely smoke-free indoor areas

1. The Ministry of Health shall take the lead and coordinate with relevant ministries, sectors, and localities to monitor the implementation and evaluate the enforcement of regulations on smoking prohibition areas in buildings with designated smoking zones, and propose to the Government to establish regulations for transferring such areas to completely smoke-free indoor areas when the requirements set out in Clause 2 of this Article are met.

2. The transfer of smoking prohibition areas in buildings with designated smoking zones to completely smoke-free indoor areas must meet the following requirements at each stage:

a) Consistent with the State's orientation and policies on preventing and controlling the harmful effects of tobacco; the requirement to prevent and reduce the harmful effects of tobacco on health;

b) The level of public awareness about the harmful effects of tobacco on health;

c) A small number of smokers in the designated area;

d) An appropriate roadmap to ensure feasibility;

đ) Consistent with the situation and trends in other countries in the region and worldwide.

3. The content of proposals to transfer smoking prohibition areas in buildings with designated smoking zones to completely smoke-free indoor areas must include:

a) A report evaluating the implementation of regulations on smoking prohibition areas;

b) A list and roadmap for the transition of smoking prohibition areas to completely smoke-free indoor areas according to the following priority levels:

- Public transportation means such as ships and trains;

- Airport isolation areas;

- Hotels, tourist accommodation facilities, bars, karaoke venues, and nightclubs.

c) A forecast of the impact of transferring smoking prohibition areas in buildings with designated smoking zones to completely smoke-free indoor areas.

Article 11. Increase the area for health warnings on tobacco packaging

1. The Ministry of Health shall take the lead and coordinate with the Ministry of Industry and Trade and relevant ministries, sectors, and localities to monitor the implementation and evaluate the enforcement of regulations on health warnings on tobacco packaging, and propose to the Government to establish regulations for increasing the area for health warnings on tobacco packaging when the requirements set out in Clause 2 of this Article are met.

2. Increasing the area for health warnings on tobacco packaging at each stage must meet the following requirements:

a) Consistent with the State's orientation and policies on preventing and controlling the harmful effects of tobacco; the requirement to prevent and reduce the harmful effects of tobacco on health; the requirement to control tobacco production and business activities;

b) Enhance the effectiveness of health warnings on tobacco packaging;

c) Consistent with the situation and trends in health warnings on tobacco packaging in other countries in the region and worldwide.

3. The content of proposals to increase the area for health warnings on tobacco packaging includes:

a) A report evaluating the implementation of regulations on health warnings on tobacco packaging;

b) The extent of the increase in the area for health warnings on tobacco packaging;

c) A forecast of the impact of increasing the area for health warnings on tobacco packaging;

d) Documentation summarizing the opinions of organizations and individuals affected by the proposal to increase the area for health warnings on tobacco packaging.

Chapter IV
IMPLEMENTING PROVISIONS

Article 12. Responsibilities for Implementation

1. The Ministry of Health shall be responsible for:

a) Organize and guide activities related to tobacco cessation, provide counseling for tobacco cessation; issue a tobacco cessation procedure; direct healthcare facilities to implement integrated quick counseling by medical practitioners regarding tobacco cessation for tobacco users;

b) Take the lead and coordinate with relevant ministries, sectors, provincial People's Committees, and municipal People's Committees under the central government to implement Articles 10 and 11 of this Decree.

2. Ministries, agencies equivalent to ministries, and agencies under the Government within their assigned functions, tasks, and authorities shall be responsible for implementing the provisions of this Decree.

3. Provincial People's Committees and municipal People's Committees under the central government within their assigned functions, tasks, and authorities shall be responsible for organizing the implementation and inspecting the enforcement of the provisions of this Decree in their respective localities, and annually report the results of implementation to the Ministry of Health for consolidation and reporting to the Government.

Article 13. Effective Date

This Decree takes effect from September 15, 2013.

Article 14. Transitional Provisions

Facilities that have implemented tobacco cessation and counseling activities before the effective date of this Decree must ensure compliance with the conditions stipulated in this Decree within a period not exceeding sixty days from the effective date of this Decree and submit a written notification to the Department of Health of the province or municipality where the facility operates, as provided for in Clause 1 of Article 9 of this Decree.

Article 15. Responsibility for Implementation

Ministers, heads of agencies equivalent to ministries, heads of agencies under the Government, Chairpersons of provincial People's Committees and municipal People's Committees under the central government, and related organizations and individuals are responsible for enforcing this Decree./.