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THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 77/2013/ND-CP
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Hanoi, July 17, 2013
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DECREE
DETAILING
IMPLEMENTATION OF THE LAW ON TOBACCO HARM PREVENTION
REGARDING SOME MEASURES OF TOBACCO HARM PREVENTION
Pursuant to the Law on organization of
Government dated December 25, 2001;
Pursuant to the Law on tobacco
harm prevention dated June 18, 2012;
At the proposal of the Minister of Health;
The Government promulgates the Decree detailing
implementation of the Law on tobacco harm prevention
regarding some measures of tobacco harm prevention,
Chapter 1.
GENERAL PROVISIONS
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This Decree details implementation of clause 4
Article 12, Clause 7 Article 15, Clause 2 and Clause 4 article 17 of the Law on
tobacco harm prevention regarding conditions for establishment and organization
of smoking cessation and advisory, change of indoor non-smoking locations with
places reserved for smokers to the indoor complete non-smoking locations and
increase of the printing area of health warnings on tobacco package.
Article 2. Interpretation of
terms
1. Smoking cessation means application of measures
to help smoke addicts in quitting tobacco use.
2. Advisory of smoking
cessation means provision for information to the smoke addicts to select and
voluntarily quit tobacco use.
Chapter 2.
CONDITIONS FOR
ESTABLISHMENT AND ORGANIZATION OF SMOKING CESSATION AND ADVISORY
Article 3. Forms of organization
of smoking cessation and advisory
1. Agencies, organizations and individuals
establish establishments of smoking cessation, advisory establishments of
smoking cessation in accordance with this Decree.
2. Medical examination and treatment establishments
organize activities of smoking cessation and advice about smoking cessation.
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1. Possessing decision on establishment of
competent state agency for establishments owned by State or business
registration certificate of competent state agency for establishments owned by
individuals.
2. Having sufficient material facilities ensuring
for activities of smoking cessation and advising about smoking cessation:
a) Having communication documents on smoking
cessation and advising about smoking cessation including: Bookcase, placards,
brochures, tapes, compact discs providing for information on smoking cessation
and advice about smoking cessation;
b) Information, data on smoking cessation and
advice about smoking cessation are managed by computer;
c) Having rooms reserved for activities of smoking
cessation and advising on smoking cessation with area not less than 10m2,
full equipment ensuring for activities of smoking cessation and advising on
smoking cessation.
3. There are persons directly exercising activities
of smoking cessation and meeting the following conditions:
a) Possessing certificate of practicing medical
examination and treatment;
b) To comply with process of smoking cessation.
4. There are persons directly exercising advisory
activities of smoking cessation with knowledge, understanding of smoking harm
for their health, diseases originated from reason of smoking and advisory
content of smoking cessation specified in Clause 3 Article 8 of this Decree.
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1. Possessing decision on establishment of
competent state agency for establishments owned by State or business
registration certificate of competent state agency for establishments owned by
individuals.
2. Having sufficient material facilities ensuring
for activities of advisory for smoking cessation:
a) Having communication documents specified in
point a Clause 2 Article 4 of this Decree;
b) Information and data on advisory for smoking
cessation are managed by computer;
c) Having rooms reserved for activities of directly
advising on smoking cessation with area not less than 10m2, telephone,
internet, and other means of information ensuring for activities of indirectly
advising about smoking cessation.
3. There are persons directly exercising advisory
activities of smoking cessation specified in Clause 4 Article 4 of this Decree.
Article 6. Conditions for
activities of smoking cessation and advising about smoking cessation applicable
to medical examination and treatment establishments
1. Being medical examination and treatment
establishments licensed operation as prescribed by law on medical examination
and treatment.
2. For activities of smoking cessation: Being
eligible as prescribed in Clause 2, Clause 3, Clause 4 Article 4 of this
Decree;
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Article 7. Operation of smoking
cessation establishments, medical examination and treatment establishments
those organize activities of smoking cessation and advising about smoking
cessation
1. Smoking cessation establishments eligible as
prescribed in Article 4 of this Decree, medical examination and treatment
establishments eligible as prescribed in Article 6 of this Decree may perform
activities of smoking cessation and advising on smoking cessation.
2. Establishments must send a notification to
Health Services of provinces and central-affiliated cities, where
establishments are operating, about their activities of smoking cessation and
advising on smoking cessation as prescribed in Article 9 of this Decree.
3. The smoking cessation must
comply with the process promulgated by the Minister of Health.
4. The smoking
cessation drugs
must be drugs allowed to legally circulate as prescribed by law on pharmacy.
Products supporting for the smoking cessation include patches, lozenges, sprays
or other products supporting for smoking cessation must ensure quality and be
safe for smoking cessation persons and must be registered announcement of
quality standard at competent state agencies as prescribed by law.
Article 8. Operation of smoking
cessation advisory establishments
1. Smoking cessation advisory establishments
eligible as prescribed in Article 5 of this Decree, may perform activities of
advising for smoking cessation only, not perform activities of smoking
cessation.
2. Establishments must send a notification to
Health Services of provinces and central-affiliated cities, where
establishments are operating, about their activities of advising for smoking
cessation as prescribed in Article 9 of this Decree.
3. Content of advisory for smoking cessation must
ensure to supply full the following information:
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b) Benefits of smoking cessation and living
environment without tobacco smoke;
c) Measures of smoking cessation suitable with the
smoking cessation persons.
d) Influences to health that may happen for the
smoking cessation persons and remedy.
Article 9. Notification of
activities of smoking cessation and advising about smoking cessation
1. Content of notification of smoking cessation
establishments, smoking cessation advisory establishments, medical examination
and treatment establishments those organize activities of smoking cessation and
advising about smoking cessation to send to Health Services of provinces and
central-affiliated cities includes the following information:
a) Name, address of establishments;
b) Number of establishment decision for
establishments owned by State or number of business registration certificate
for establishments owned by individuals; number of operational license for the
medical examination and treatment establishments.
c) Operational scope of smoking cessation, advising
about smoking cessation of establishments;
d) Full name, ID number, residence address of head
of establishments, full name, number of certificate of practicing medical
examination and treatment of persons directly exercising activities of smoking
cessation for smoking cessation establishments, medical examination and
treatment establishments those organize activities of smoking cessation and
advising about smoking cessation;
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2. Before performing activities of smoking
cessation, advising about smoking cessation, the smoking cessation
establishments, smoking cessation advisory establishments, medical examination
and treatment establishments those organize activities of smoking cessation and
advising about smoking cessation satisfying full conditions as provided must
send notification to Health Services of provinces and central-affiliated
cities, where establishments are operating, about operation of establishments
according to contents prescribed in Clause 1 of this Article.
3. Establishments may perform activities of smoking
cessation, advising about smoking cessation 10 days after directly sending
notification about operation of establishments to Health Services of provinces
and central-affiliated cities, where establishments are operating.
4. The Health Services of provinces and
central-affiliated cities shall issue receipt of written notification about
activities of smoking cessation, advising about smoking cessation of
establishments after receiving document and facilitate, guide, inspect, examine
establishments during their operation.
Chapter 3.
CHANGE OF INDOOR
NON-SMOKING LOCATIONS WITH PLACES RESERVED FOR SMOKERS TO THE INDOOR COMPLETE
NON-SMOKING LOCATIONS AND INCREASE OF THE PRINTING AREA OF HEALTH WARNINGS ON
TOBACCO PACKAGE
Article 10. Change of indoor
non-smoking locations with places reserved for smokers to the indoor complete
non-smoking locations
1. The Ministry of Health shall assume the prime
responsibility for, and coordinate with relevant Ministries, sectors and
localities in monitoring execution and assessing implementation of provisions
on indoor non-smoking locations with places reserved for smokers and proposing
to the Government for regulation which changes such locations to the indoor
complete non-smoking locations when meet requirements at Clause 2 of this Article.
2. Change of indoor non-smoking locations with
places reserved for smokers to the indoor complete non-smoking locations in
conformity with each period must ensure the following requirements:
a) To be suitable with orientations, policies of
State on tobacco harm prevention; requirements on preventing and reducing
tobacco harm for health;
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c) Quantity of smoking persons at reserved places
is not many;
d) Having a suitable roadmap to ensure feasibility;
e) Conformity with conditions and tendency of
countries in region and on the world.
3. Content of proposal about change of indoor
non-smoking locations with places reserved for smokers to the indoor complete
non-smoking locations must include:
a) Assessment report about implementation of
provision on non-smoking places;
b) List and roadmap of places which need turn into
the indoor complete non-smoking places under the following priority level:
- Public means of transport such as ships, trains;
- Isolation areas of airport;
- Hotels, tourism accommodation establishments,
bars, karaoke rooms, discotheque.
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Article 11. Increase of the
printing area for healthy warning on tobacco package
1. The Ministry of Health shall assume the prime
responsibility for, and coordinate with the Ministry of Industry and Trade and
other relevant Ministries, sectors and localities in monitoring execution and
assessing implementation of provisions on printing healthy warnings on tobacco
package and proposing the Government for regulation on increasing the area of
healthy warning on tobacco package when meet requirements at Clause 2 of this
Article.
2. The increase of the printing area for healthy
warning on tobacco package in conformity with each period must ensure the
following requirements:
a) To be suitable with orientations, policies of
State on tobacco harm prevention; requirements on preventing and reducing
tobacco harm for health; requirements on controlling the tobacco production and
trading activities;
b) To increase effectiveness of the printing
healthy warning on tobacco package;
c) Conformity with conditions and tendency about
printing the healthy warnings on tobacco package of countries in region and on
the world.
3. Content of proposal on increase of the printing
area for healthy warning on tobacco package includes:
a) Assessment report about implementation of provision
on printing healthy warnings on tobacco package;
b) The increasing level of the printing area for
healthy warning on tobacco package;
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d) Documents summing up comments of organizations,
individuals subject to impact of proposal on increase of the printing area for
healthy warning on tobacco package
Chapter 4.
IMPLEMENTATION
PROVISIONS
Article 12. Responsibilities
for implementation
1. The Ministry of Health shall:
a) Carry out and guide activities of smoking
cessation, advising on smoking cessation; promulgate the process of smoking
cessation; to provide directions to health establishments in carrying out
activities that integrate with fast advisory of persons practicing medical
examination and treatment about smoking cessation for smoking addicts;
b) Assume the prime responsibility for, and
coordinate with relevant Ministries and sectors, People’s Committees of
provinces and central-affiliated cities in implementing Article 10 and Article
11 of this Decree.
2. Ministries, Ministerial-level agencies, agencies
under Government shall, within their assigned functions, tasks and powers,
organize implementation of provisions of this Decree.
3. The provincial People’s Committees shall, within
their assigned functions, tasks and powers, organize implementation and examine
implementation of provisions of this Decree in their localities, and annually
report result of implementation to the Ministry of Health for summing up and
reporting to Government.
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This Decree takes effect on September 15, 2013.
Article 14. Transitional
provisions
Establishments which have carried out activities of
smoking cessation and advising about smoking cessation before the effective
date of this Decree, within 60 days after this Decree takes effect, must ensure
conditions as prescribed by this Decree and send notification about their
activities of smoking cessation and advising about smoking cessation, to Health
Services of provinces or central-affiliated cities where establishments are
operating, as prescribed in Clause 1 Article 9 of this Decree.
Article 15. Responsibilities
for implementation
Ministers, Heads of ministerial-level agencies,
Heads of Governmental agencies, chairpersons of People’s Committees of
provinces and central-affiliated cities, and relevant organizations and
individuals shall implement this Decree.
ON BEHALF OF
GOVERNMENT
THE PRIME MINISTER
Nguyen Tan Dung
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