Controlling an e-cigarette user will be fined up to 10 million VND

The Government issued Decree 371/2025/ND-CP dated December 31, 2025 amending and supplementing a number of articles of Decree No. 77/2013/ND-CP dated July 17, 2013 of the Government detailing the implementation of the Law on Tobacco Harm Prevention and Control on a number of measures to prevent and combat the harmful effects of tobacco and Decree No. 117/2020/ND-CP dated September 28, 2020 of the Government regulating administrative sanctions in the health sector.

Decree 371/2025/ND-CP supplements Article 26a violating regulations on the use and storage of electronic cigarettes and heated tobacco products after Article 26 of Decree No. 117/2020/ND-CP.

According to Decree 371/2025/ND-CP, the use of e-cigarettes and heated tobacco products is subject to a fine of VND3 - 5 million and must be destroyed.

Fine from 5 - 10 million VND for the act of receiving others for using electronic cigarettes or heated tobacco products at locations under their ownership or management.

The above fine is the fine for individuals. For the same administrative violation, the fine for an organization is twice the fine for an individual.

Decree 371/2025/ND-CP adds Clauses 3, 4, 5, 6 after Clause 2, Article 2 of Decree No. 77/2013/ND-CP to explain some terms.

Accordingly, e-cigarettes are products that include electronic devices, parts containing electronic cigarette solutions and electronic cigarette solutions, including:

Electronic devices are used to heat electronic cigarette solutions or other methods to create a gas for users to inhale;

E-cigarette solution containers are designed for single use (no recharge) or multiple use (resure);

E-cigarette solutions are a mixture of solvents containing a volatile mixture, containing or not containing nicotine, which may contain one or more of the following substances: additives, flavors and other chemicals for use in e-cigarettes or heated tobacco products.

A solution containing nicotine contains any form of nicotine, whether salt or compound, whether naturally extracted or synthesized and including nicotinic alcaloid.

Heated tobacco products are products including electronic devices and specialty cigarettes, in one of the following cases: Electronic devices for direct heating of specialty cigarettes in the form of cigarettes; electronic devices with containers to heat specialty cigarettes in those containers;

Electronic devices with rooms containing electronic cigarette solutions specified in Point c, Clause 3 of this Article and specialty cigarettes. The device operates by mechanizing the evaporation of electronic cigarette solutions before and then indirectly heating the specialty cigarette; other personal evaporation equipment has the ability to heat the specialty cigarette without burning it.

Decree 371/2025/ND-CP takes effect from December 31, 2025.

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