The Vietnamese Ministry of Justice has released an assessment document for a draft regulation on administrative penalties in the health sector. Which for the first time, it clearly outlines administrative fines for vape use. According to the draft, individuals using vapes can be fined up to 5 million Vietnamese dong (approximately US$190). While allowing or condoning others to use e-cigarettes can result in a fine of up to 10 million Vietnamese dong (approximately US$380).
Key Points
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The Vietnamese Ministry of Justice has released an assessment document for a draft regulation on administrative penalties in the health sector.
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The draft for the first time clearly defines administrative fines for vape use.
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Individuals using e-cigarettes or heated tobacco products will face fines of up to 5 million Vietnamese dong (approximately US$190).
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Allowing or condoning others to use vapes can result in a fine of up to 10 million Vietnamese dong (approximately US$380).
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Minors aged 16 to 18 using tobacco will face a new range of fines.
Draft Regulation Released by Ministry of Justice
December 25, 2025 – According to the Vietnamese media outlet Hoa hoc tro. The Vietnamese Ministry of Justice has released an assessment document for the draft “Regulations on Administrative Penalties in the Health Sector,” which, for the first time, proposes clear administrative penalties for vape use.
Legal Background and National Assembly Resolution
This draft is an important supporting measure to implement National Assembly Resolution No. 173/2024/QH15. According to this resolution, from 2025 onwards, Vietnam will completely ban the production, business, import, storage, transportation, and use of vapes and heated tobacco products. However, previous legal documents did not clearly specify penalties for individual use.
Fines for Individual Use of Vapes and Heated Tobacco Products
According to Article 27 of the draft, individuals using vapes or heated tobacco products will be fined between 3 million and 5 million Vietnamese dong (approximately US$114 to US$190). Law enforcement agencies may confiscate and forcibly destroy the vapes or heated tobacco products involved as an additional measure.
Liability for Allowing or Condoning Use on Managed Premises
The draft clearly distinguishes between “individual use” and “responsibility for managing premises.” If an individual allows or condones the use of vapes or heated tobacco products within premises they own or manage. They will be subject to a fine of 5 million to 10 million Vietnamese dong (approximately US$190 to US$380).
This provision primarily applies to:
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Shop owners.
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Property or premises owners.
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Individuals or organizations with actual management and control of the premises.
Penalties for Smoking in Prohibited Areas and Underage Use
The draft also specifies detailed regulations for other tobacco-related offenses:
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Smoking in places where smoking is legally prohibited will be subject to a fine of 200,000 to 500,000 Vietnamese dong (approximately US$7.6 to US$19).
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Minors aged 16 to 18 who use tobacco products will be subject to a fine of 200,000 to 500,000 Vietnamese dong (approximately US$7.6 to US$19), replacing the previous approach of primarily issuing warnings.
Higher Penalties for Corporate Violations in Production and Distribution
In the production and distribution stages, the draft sets higher penalties for corporate violations. Organizations that produce, import, or print packaging with health warnings that do not comply with regulations regarding content, location, area, or color will be subject to a fine of 20 million to 30 million Vietnamese dong (approximately US$760 to US$1,140).
Draft Under Review and Public Consultation
This draft is currently under review and subject to public consultation. The final penalties will be determined based on the officially promulgated version.
