What are the penalties for smoking in public places?
Ms. Tran Thi Hien (Thanh Vinh ward) asks: I often see many people casually smoking in public places such as train stations, and even within hospital grounds… However, I rarely see anyone being reprimanded or fined. Could you please tell me, according to current laws, what are the penalties for smoking in public places?
Reply:
Smoking in public places has long been a concern, not only affecting the health of smokers but also harming those around them through passive smoking. In fact, smoking in cafes, restaurants, and public areas remains common, even somewhat openly, despite current legal regulations.
According to Government Decree No. 117/2020/ND-CP dated September 28, 2020, smoking in prohibited areas is subject to administrative penalties. Specifically, individuals who smoke in areas marked "No Smoking" may receive a warning or be fined between VND 200,000 and VND 500,000. This is a direct penalty for violating regulations regarding prohibited smoking areas.
Not only individuals, but also organizations and businesses can be penalized if they fail to properly fulfill their responsibilities in controlling smoking in public places. If there are no "No Smoking" signs in prohibited areas, or if they fail to organize guidance, inspection, and supervision of the implementation of smoking bans in areas under their management, they may be fined from 3 million to 5 million VND.
Furthermore, if the designated smoking area does not meet the required conditions—for example, lacking a separate room, independent ventilation, ashtrays, or fire safety equipment—the establishment owner may be fined between 5 million and 10 million VND.
