What is the feasibility of the Law on Prevention and Control of Tobacco Harm?
(Baonghean)Everyone understands that cigarette smoke is not only extremely harmful to the health of smokers but also affects the health and causes other inconveniences for those around them, as well as the living environment of the community. For decades, in public opinion, smoking has become a "bad thing"; a bad habit no less harmful than excessive drinking and alcohol addiction. Knowing and understanding this, not everyone is determined to quit smoking, to give up this bad habit for many reasons; even many young people start smoking to "show off." And, for many reasons, not everyone is brave enough to discourage the harmful behavior of smokers.
In light of the above situation, the Law on Prevention and Control of Tobacco Harm came into effect on May 1, 2013; simultaneously, a decree specifying this law has also been drafted and will be issued by the Ministry of Health soon. The Law and the draft Decree on the prevention and control of tobacco harm clearly and comprehensively detail the violations committed by smokers; the responsibilities of the heads of places where smoking is prohibited; and the agencies authorized to inspect and supervise compliance with the aforementioned law. It is understood that the draft decree aims to concretize the Law on Prevention and Control of Tobacco Harm, setting very heavy penalties (fines) for violations (from 100,000 VND to 40 million VND).
It can be said that, although somewhat late for some countries, the Law on Prevention and Control of Tobacco Harm has met the requirements and aspirations of society; and is consistent with the World Health Organization's Framework Convention on Tobacco Control.
Reportedly, the Southeast Asian Tobacco Control Alliance has welcomed this new law by our government and assessed it as: "This is an important and historic milestone" for Vietnam.
While the Law on Prevention and Control of Tobacco Harm has been welcomed by both domestic and international audiences, how it will be implemented in practice is a matter that needs further discussion.
In fact, tobacco control in our country is not a new issue. Previously, various sectors and organizations had campaigns to quit smoking, but these were largely superficial and merely movements. However, in 2005, the Government issued Decree No. 45/2005-ND/CP on administrative penalties in the health sector, which included penalties for smoking in public places; at the end of 2009, Prime Minister's Decision 1315/TTg also stipulated a ban on smoking in public places from January 1, 2010. These decrees and decisions all specify concrete violations with relatively high penalties to deter offenders. However, it seems that these documents have been ineffective; even the authorities and violators appear negligent, if not completely forgotten (?).
So what caused this unfortunate situation, when the whole society condemns smoking, especially smoking in places where it is prohibited; moreover, everyone understands that the decrees and decisions of the Prime Minister are legally binding and are orders and sanctions that must be respected and obeyed?
There are many reasons to answer the above question, but first, it must be stated that the public awareness campaign is inconsistent and weak. Secondly, the relevant authorities, primarily the health sector, tasked with inspecting, monitoring, and handling violations, lack sufficient personnel (as some officials in this sector have stated), lack initiative, and lack enthusiasm in carrying out their duties. Finally, smokers and tobacco addicts lack awareness and self-discipline, not only in complying with government regulations but also in respecting civilized lifestyles, the community, and even themselves. As a result, from 2005 to the present, smoking in prohibited areas continues unchanged. Those who smoke continue to smoke, in prohibited areas, and those who suffer health consequences or inconvenience continue to endure it. Simply put, no violations related to the prevention and control of tobacco harm have been inspected, warned against, or penalized by the authorities according to the relevant decrees and decisions.
Although the situation is somewhat bleak, this time the "prevention and control of the harmful effects of tobacco" has been codified into law. The law, effective from May 1, 2013, along with a government decree specifying its details, will undoubtedly be more effective than before. This is without even mentioning that the relevant authorities, primarily the health sector, have surely learned valuable lessons from their past efforts in preventing and controlling the harmful effects of tobacco. Because from now on, anyone – whether an official or a smoker – who violates the Law on Prevention and Control of Tobacco – will be breaking the law!
Viet Long
