In the context of the rapidly increasing and alarming rate of using new-generation tobacco, particularly electronic cigarettes (e-cigarettes) and heated tobacco in Vietnam, state management agencies have officially issued stricter penalties. Aiming to protect public health and prevent the spread of these products among the youth, the Government has promulgated Decree No. 90/2026/ND-CP, detailing administrative violation penalties in the healthcare sector, with a strong focus on violations related to e-cigarettes.
Heavy penalties for individuals using e-cigarettes
According to the latest regulations updated in Decree 90/2026/ND-CP, the act of using e-cigarettes and heated tobacco will face very strict administrative penalties. Specifically, individuals who directly use these products will be fined from 3,000,000 VND to 5,000,000 VND. This is a direct penalty targeting consumer awareness, much higher than the penalty for smoking traditional cigarettes in prohibited areas (only from 200,000 VND to 500,000 VND).
In addition to monetary fines, functional authorities also apply a remedial measure, which is the mandatory destruction of violating exhibits. This means that all e-cigarette and heated tobacco devices of violators will be confiscated and destroyed in accordance with the law. This move demonstrates the determination of the healthcare sector and law enforcement agencies in eliminating the illegal circulation and use of new-generation tobacco.
Penalties for harboring and loose management behaviors
A notable point in the new Decree is the expansion of the penalty scope to individuals and organizations that harbor or condone e-cigarette users. For individuals or organizations that allow others to use these products in areas or locations under their management, the fine will range from 5,000,000 VND to 10,000,000 VND. However, this regulation also considers practical factors by excluding cases of condonation among immediate family members such as parents, children, and spouses.
Furthermore, for establishments and locations that have a no-smoking policy but do not display signs or symbols “no smoking”, and do not organize instructions, inspections, and urgings for the implementation of the regulations, the head of the establishment will be fined from 3,000,000 VND to 5,000,000 VND. It is especially important to note that all the aforementioned fines are applicable to individuals. If an organization commits the same violation, the fine will be doubled, meaning the organization can be fined up to a maximum of 20,000,000 VND for related behaviors.
Tightening management of tobacco business establishments
Not only are users and location managers penalized, but tobacco business units are also subject to stricter control to protect the youth demographic. The Decree clearly states: retail and wholesale stores and agents that do not display the notice “Do not sell tobacco to people under 18 years old” at the point of sale will be fined from 1,000,000 VND to 3,000,000 VND.
More seriously, the act of selling tobacco to minors, improperly displaying products, or trading tobacco types without health warnings printed on the packaging will be subject to administrative penalties up to a maximum of 5,000,000 VND. In addition, business establishments violating these terms may also be subject to an additional penalty of business suspension for 1 to 3 months. This is a strong deterrent measure aimed at cutting off the supply of harmful products to students.
Regulations on penalizing violations of electronic cigarettes and heated tobacco
Conclusion
Decree 90/2026/ND-CP marks an important step forward in the prevention of tobacco harms in Vietnam, especially in addressing the explosive problem of e-cigarettes. The new penalty regulations are not only deterrents but also aim to raise public awareness of the unpredictable health consequences caused by new-generation tobacco. Understanding these regulations is the responsibility of every individual and organization to join hands in protecting public health.
Center for Supporting & Continuing Education