The Government has just issued Decree 90/2026/ND-CP regulating the sanctioning of administrative violations in the health sector, officially replacing the old regulations. This document takes effect from May 15, 2026, focusing on applying stricter penalties for many key areas.
Tightening the management of tobacco and electronic cigarettes
The Decree shows drastic determination in repelling the harmful effects of tobacco, especially electronic cigarettes. Individuals smoking in prohibited areas will be fined from 200,000 to 500,000 VND. Agencies managing the locations that lack supervisory responsibility or fail to display “No Smoking” signs will face fines ranging from 3,000,000 to 5,000,000 VND.
For electronic cigarettes and heated tobacco products, illegal users will be fined from 3,000,000 to 5,000,000 VND. Establishments harboring the use of these products will be fined from 5,000,000 to 10,000,000 VND and forced to destroy the material evidence. Even designated smoking areas must be equipped with separate ventilation systems and fire protection equipment; violations will be fined up to 10,000,000 VND.
Strict control over the promotion of breast milk substitutes
To protect infant health and encourage breastfeeding, misleading promotional behaviors are strictly controlled. Instructing the use of substitute milk for children under 6 months old without a medical indication, or providing information that formula milk is better than breast milk, will result in a fine of up to 3,000,000 VND.
Health facilities or enterprises that allow the sale of substitute milk in hospitals (except hospital pharmacies) or allow marketing staff to approach pregnant women will be fined from 5,000,000 to 10,000,000 VND. The fine can reach up to 20,000,000 VND if the enterprise applies illegal promotions, gives free samples, or improperly displays product advertisements at supermarkets and health facilities.
Regulations on labeling and protecting minors
Tobacco production and trading units violating labeling regulations (printing incorrect health warning templates, not changing them periodically, using misleading words) will be fined from 20,000,000 to 30,000,000 VND. The act of not printing warnings or trading unlicensed foreign tobacco brands will be fined 40,000,000 VND, and business operations may be suspended for up to 6 months.
The law also clearly stipulates measures to protect children. Persons from 16 to under 18 years old using tobacco will be fined from 200,000 to 500,000 VND. Especially, the act of forcing or asking children under 18 years old to buy tobacco will be fined up to 1,000,000 VND.
Updating regulations on medical equipment and health insurance
Decree 90/2026/ND-CP supplements regulations on directly handling administrative violations in the electronic environment. The fine for circulating medical equipment that does not guarantee quality increases sharply to a maximum of 100,000,000 VND. At the same time, for the act of delaying or evading Health Insurance (HI) payments, the “Warning” form has been abolished and shifted to direct monetary fines to increase deterrence.
Center for Support and Continuing Education