The Government issued Decree No. 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 Prevention and Control of Tobacco Harms on a number of measures to prevent and control the harmful effects of tobacco and Decree No. 117/2020/ND-CP dated September 28, 2020 of the Government detailing penalties for administrative violations in the field of health.
Decree 371/2025/ND-CP supplements Article 26a violating regulations on the use and storage of electronic cigarettes and heated cigarettes after Article 26 of Decree No. 117/2020/ND-CP.
According to Decree 371/2025/ND-CP, the act of using e-cigarettes and heated cigarettes is fined from 3 - 5 million VND and forced to destroy e-cigarettes and heated cigarettes.
A fine of 5 - 10 million VND shall be imposed for the act of harboring others using e-cigarettes or heated tobacco at locations under their ownership or management.
The above fine is the fine level for individuals. For the same administrative violation, the fine level for organizations is equal to 2 times the fine level for individuals.
Decree 371/2025/ND-CP supplements clauses 3, 4, 5, 6 after clause 2, Article 2 of Decree No. 77/2013/ND-CP explaining some words.
Accordingly, e-cigarettes are products that include electronic devices, electronic tobacco solution containers and e-cigarettes, in which:
Electronic devices are used to heat e-cigarettes or other methods to create steam for users to inhale;
Electronic cigarette solution containers are designed for one-time use (no recharge of solution) or for multiple uses (recharge of solution);
An e-cigarette solution is a liquid mixture containing a vaporizer, containing or not containing nicotine, which may contain one or more substances: additives, flavorings, and other chemicals for the purpose of use in e-cigarettes or heated tobacco.
Nicotine-containing solutions include any form of nicotine chemical, whether salt or compound, whether naturally extracted or synthesized, and including nicotinic alkaloids.
Heated cigarettes are products that include electronic devices and specialized cigarettes, belonging to one of the following cases: Electronic devices that directly heat specialized cigarettes in the shape of cigarettes; electronic devices with storage compartments for heating specialized cigarettes in that storage compartment;
Electronic devices have a chamber containing the e-cigarette solution specified in point c, clause 3 of this Article and specially prepared cigarettes. The device operates according to the mechanism of vaporizing the e-cigarette solution first and then indirectly heating specially prepared cigarettes; other personal vapor-electric devices have the function of heating specially prepared cigarettes without burning them.
Decree 371/2025/ND-CP takes effect from December 31, 2025.
