The Vietnamese government has finalized Decree No. 90/2026/ND-CP, establishing a strict new framework of administrative penalties for health sector violations. Starting May 15, 2026, the decree heavily targets the consumption, sale, and facilitation of electronic cigarettes and heated tobacco products (HTPs) nationwide.
This regulatory shift marks a significant escalation in Vietnam’s public health policy, moving beyond targeting individual users to holding property owners and businesses legally responsible for vaping violations on their premises.
Strict Penalties for Users and Property Managers
Under the new decree, individuals caught using e-cigarettes or HTPs will be fined between 3 million and 5 million VND. More notably, property owners or managers who condone vaping or smoking in areas under their control face fines ranging from 5 million to 10 million VND.
The law provides a narrow exemption for condonement: individuals will not be penalized if the person vaping is an immediate family member, such as a spouse, parent, child, sibling, grandparent, grandchild, or cohabitant.
Overview of Key Penalties Under Decree No. 90/2026/ND-CP
| Violation Type | Fine Range (VND) | Additional Consequences |
|---|---|---|
| Using e-cigarettes or HTPs | 3,000,000 – 5,000,000 | None |
| Condoning vaping/smoking on managed property | 5,000,000 – 10,000,000 | None (exempts close family) |
| Smoking in designated non-smoking areas | 200,000 – 500,000 | None |
| Selling or providing tobacco to minors (<18) | 3,000,000 – 5,000,000 | Product recall & profit forfeiture |
| Failing to print required health warnings on packaging | 30,000,000 – 40,000,000 | 3 to 6-month business suspension |
Targeting Underage Sales and Commercial Violations
The decree also cracks down on the commercial supply chain. Tobacco retailers and wholesalers face fines of 1 million to 3 million VND if they fail to display clear signage prohibiting sales to individuals under 18. Directly selling or providing tobacco products to minors carries a fine of up to 5 million VND.
Furthermore, businesses are prohibited from displaying more than one pack or box of a single tobacco brand at retail outlets. Violating this display rule, or selling products without legal health warnings, will result in fines of up to 5 million VND, alongside mandatory product recalls and the forfeiture of illegal profits.
For large-scale packaging violations, such as failing to print health warnings or failing to update warning designs every two years, manufacturers and importers face fines of up to 40 million VND and temporary business suspensions of three to six months.
