Chương 4 Luật phòng, chống tác hại của thuốc lá 2012: Các điều kiện bảo đảm để phòng, chống tác hại của thuốc lá

Chapter IV

CONDITIONS FOR ENSURING PREVENTION OF TOBACCO HARMS

Article 28. Establishment of the fund for prevention of tobacco harms

1. The fund for prevention of tobacco harms (below referred to as the fund) is a national fund placed under the Ministry of Health and under the financial state management of the Ministry of Finance. The fund is a state-run financial institution having the legal person status and own seal and account.

2. The fund is managed by an inter-sectoral management council, which is composed of the President, vice President and members. The Council's President is the Minister of Health, vice President is a leader of the Ministry of Finance, and members are representatives of the leaderships of the Ministry of Industry and Trade, the Ministry of Education and Training, the Ministry of Information and Communications and representatives of other related agencies, organizations and individuals.

3. The Prime Minister shall make decisions on the establishment and approve the organization and operation charter of the fund.

4. Once every two years, the Government shall report to the National Assembly on results of operation and management of the fund.

Article 29. Purposes and tasks of the fund

1. The fund shall operate on a not-for-profit basis with the function to mobilize, provide and coordinate its financial resources for the prevention of tobacco harms nationwide.

2. The fund shall support the following activities:

a/ Communication on tobacco harms and the prevention of tobacco harms suitable to each target group;

b/ Building and developing pilot models of tobacco smoke-free communities, agencies and organizations; developing and widely expanding effective models;

c/ Organizing community-based campaigns and initiatives on prevention of tobacco harms; providing consultancy on organization of separate smoking areas in public places;

d/ Organizing smoking cessation;

e/ Building pilot models of community-based smoking cessation and developing and widely expanding effective models;

f/ Conducting research to produce evidence for the prevention of tobacco harms;

g/ Developing, supporting and raising capacity for the network of collaborators on prevention of tobacco harms;

h/ Developing contents and introducing education about tobacco harms and prevention of tobacco harms into the educational programs suitable to each educational level;

i/ Applying measures to help tobacco growers, tobacco ingredient processors and tobacco manufacturing workers change their occupations.

Article 30. Sources and principles of use of the fund

1. The fund is established from the following sources:

a/ Compulsory contributions of tobacco manufacturers and importers, which are calculated in a percentage of the excise tax-liable prices according to the following roadmap: 1% from May 1, 2013; 1.5% from May 1,2016; and 2% from May 1,2019. These compulsory contributions must be declared and paid together with excise tax, and be declared, assessed and paid into the fund's account by tobacco manufacturers or importers;

b/ Donations and voluntary contributions of agencies, organizations and individuals at home and abroad;

c/ Other lawful revenues.

2. The fund is used on the following principles:

a/ The fund is used only for the tasks specified in Clause 2, Article 29 of this Law and Point f of this Clause;

b/ The expenditures of the Fund are based on its annual plans of activities, short-term and long-term programs and strategies and priority objectives for each period, as approved by the Inter-Sector Management Council;

c/ The fund is audited annually in accordance with law;

d/ Openness and transparency;

e/ Assured effective use of its financial sources;

f/ The administrative costs comply with regulations of the Prime Minister.

Article 31. Handling of violations of the Law on Tobacco harm prevention

1. Agencies, organizations and individuals that commit acts in violation of the Law on Tobacco harm prevention shall, depending on the nature and severity of their violations, be disciplined, administratively sanctioned and, if causing any damage, pay compensations in accordance with law; violating individuals may be examined for penal liability in accordance with law.

2. The handling of administrative violations in the field of prevention of tobacco harms complies with the law on handling of administrative violations.

Article 32. Responsibilities to handle violations of the Law on Tobacco harm prevention

1. Persons competent to handle administrative violations shall inspect, promptly detect and handle acts in violation of the Law on Tobacco harm prevention; if tolerating, covering up, failing to handle or handling them not in time or not in accordance with law, they shall, depending on the nature and severity of their violations, be handled in accordance with law.

2. The Ministry of Health shall organize the handling of administrative violations of smoking at places where smoking is prohibited and violations of the Law on Tobacco harm prevention in the field assigned to it for management.

3. The Ministry of Public Security shall organize the handling of acts of smoking at places where smoking is prohibited and violations of the Law on Tobacco harm prevention in the field assigned to it for management.

4. The Ministry of Industry and Trade shall be in charge and cooperate with related ministries and sectors in organizing the handling of administrative violations of trading in smuggled and fake tobacco in the field assigned to it for management.

5. The Ministry of National Defense shall be in charge and cooperate with related ministries and sectors in organizing the handling of violations of trading in smuggled and fake tobacco in border areas and the field assigned to it for management.

6. Ministries, ministerial-level agencies shall be in charge and cooperate with related ministries and sectors in organizing the handling of administrative violations of the Law on Tobacco harm prevention in the fields assigned to them for management.

7. The People's Committees at all levels shall be in charge and cooperate with related agencies and organizations in organizing, directing, arranging forces and assigning specific responsibilities to related organizations and individuals for the handling of administrative violations of smoking at places where smoking is prohibited and of trading in smuggled and fake tobacco. Commune-level People's Committee chairmen shall be in charge of organizing the handling of acts of smoking at public places where smoking is prohibited under their management.

8. Agencies and persons competent to inspect and examine the implementation of the Law on Tobacco harm prevention specified in Clauses 2,4,6 and 7 of this Article, if detecting violations with criminal signs, shall transfer the cases to procedural agencies for examining penal liability in accordance with law.