Nội dung toàn văn Decision No. 1315/QD-TTg of August 21, 2009, approving the plan to implement the framework convention on tobacco control
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THE PRIME MINISTER ------- |
SOCIALIST
REPUBLIC OF VIET NAM |
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No. 1315/QD-TTg |
Hanoi, August 21, 2009 |
DECISION
APPROVING THE PLAN TO IMPLEMENT THE FRAMEWORK CONVENTION ON TOBACCO CONTROL
THE PRIME MINISTER
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the June 14, 2005 Law on Conclusion, Accession to and
Implementation of Treaties;
Pursuant to November 11, 2004 Decision No. 877/2004/QD-CTN of the President of
the Socialist Republic of Vietnam, ratifying the Framework Convention on
Tobacco Control;
Pursuant to the Government's Resolution No. 12/2000/NQ-CP of August 14, 2000,
on national policies on tobacco harm prevention and control in the 2000-2010 period;
At the proposal of the Minister of Health,
DECIDES:
Article 1. To approve together with this Decision the Plan to implement the Framework Convention on Tobacco Control.
Article 2. This Decision takes effect on the date of its signing.
Article 3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of People's Committees of provinces and centrally run cities, heads of concerned agencies and units, and the head and members of the management board of the national program on tobacco harm prevention and control shall implement this Decision.
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PRIME
MINISTER |
PLAN
TO IMPLEMENT THE FRAMEWORK CONVENTION ON TOBACCO CONTROL
(Promulgated together with the Prime Minister's Decision No. 1315/QD-TTg of
August 21, 2009)
In order to lower the morbidity and mortality rates of tobacco-related diseases, the World Health Organization initiated the formulation of the Framework Convention on Tobacco Control (below referred to as the Framework Convention). The Framework Convention covers many areas, including manufacture, trading in and consumption of tobacco products. By July 30, 2009,168 nations had signed the Framework Convention, 166 of which had ratified it. Vietnam was the 47"' country to ratify the Framework Convention, which took effect in the country on March 17, 2005.
In this Plan, the phrase "tobacco products" means products that are manufactured entirely or partly from tobacco raw materials and processed in the forms of cigarette, cigar or tobacco shred for smoking with pipes or in other forms for smoking, chewing, sniffing or sucking.
This Plan provides contents, schedules and responsibilities of concerned agencies to locally materialize the provisions of the Framework Convention and perform the obligations and benefits of Vietnam as a party to the Framework Convention.
I. IMPLEMENTATION ROADMAP
1. Measures to reduce the demand for tobacco products
a/ Prices of and taxes on tobacco products:
- From now to 2010, to devise a roadmap to tax tobacco products towards increasing taxes on and prices of tobacco products and imposing high taxes on imported tobacco products; to apply measures to set minimum prices of tobacco products and measures to reduce and closely control the sale of tobacco products at duty-free shops.
b/ Protection from exposure to tobacco smoke:
- From January 1, 2010, to prohibit smoking in classrooms, kindergartens, health establishments, libraries, cinemas, theaters, cultural centers, production workshops, indoor workplaces, places at high risk of fire or explosion and on public transit vehicles. Places where smoking is banned must have no-smoking signs or symbols:
- In indoor public places (sports halls, roofed stadiums, exhibition centers and lounges of railway and bus stations, airports and ports), indoor leisure and recreational centers, restaurants, bars, karaoke shops, hotels and dance halls, smoking is permitted only in smoking areas. Smoking areas must have a separate ventilation system.
- To step by step complete regulations to ban smoking in public places in order to prohibit smoking in all indoor public places by 2010.
- To strictly impose sanctions on smoking in public places under the Government's regulations on administrative sanctioning in the health domain.
c/ Disclosure of information on tobacco products:
Manufacturers and importers of tobacco products shall disclose to competent authorities on tar and nicotine amounts in tobacco products and tobacco smoke and disclose information on tar and nicotine constituents under the Ministry of Health's regulations.
d/ Stamp sticking, packing and labeling of tobacco products:
Tobacco products circulated and traded on the domestic market must be stuck with stamps, packed, labeled and have warnings about the harmful effects of tobacco use printed in accordance with law and the Framework Convention. To print illustrated health warnings about the harmful effects of tobacco use.
e/ Measures concerning information, education and communication on tobacco harm prevention and control:
- To increase health education programs and raise public awareness about the harmful effects of the use of tobacco products and benefits of the cessation of smoking and tobacco-free lifestyles, paying special attention to the program to educate and prevent juveniles from using tobacco products;
- To implement programs to train in and raise awareness about tobacco harm prevention and control for health workers and cadres of branches and mass organizations, community workers, social and communication workers, teachers, policy makers, administrators and other concerned persons.
f/ Measures concerning tobacco advertising, promotion and sponsorship:
- To strictly observe the law on a comprehensive ban on advertising and promotion of tobacco products in all forms;
- To strictly observe the regulation to prohibit all forms of direct or indirect sponsorship by tobacco manufacturers or traders for activities or organizations or individuals for the purpose of advertising tobacco products or the names and images of cigarette companies;
- To coordinate with the states being parties to the Framework Convention under the coordination of the World Health Organization in formulating and signing a protocol on a comprehensive ban on cross-border advertising, promotion and sponsorship of tobacco products.
g/ Measures to support the cessation of smoking:
- To continue formulating and effectively implementing programs on the cessation of smoking. To diversify forms of smoking cessation counseling.
- Activities to support the cessation of smoking must be incorporated into national health and education programs, plans and strategies with the participation of health, education and community workers.
- To permit the manufacture, import and use of drugs for cessation of smoking with tax incentives under current state regulations. To boost scientific research into and application of smoking cessation methods suitable to Vietnam's socio-economic conditions.
- To create funds to develop services in support of cessation of smoking from the state budget, international funding and public contributions through hospital charges and health insurance.
2. Measures to reduce the supply of tobacco products on domestic sale:
a/ Measures to control trade in tobacco products:
- To adopt a plan on steps to fully realize by 2010 the provisions on cigarette distribution of the Government's Resolution No. 12/2000/NQ-CP of August 14, 2000, on national policies on tobacco harm prevention and control in the 2000-2010 period; to closely control cigarette distribution from wholesale to retail; to ban the sale of under-20 cigarette packs.
- To strictly observe the ban on sale of tobacco products at office buildings, workplaces, schools, hospitals, on public transit vehicles and in places where smoking is banned under current regulations;
- By 2010, to complete the licensing of tobacco product traders in order to prevent illegal trading;
- By 2010, to complete the re-planning on tobacco product wholesale and retail networks nationwide, initially in big cities;
- After 2010, cigarette retail will be permitted only in places under approved planning.
- To continue measures to strictly control the import of cigarettes, to formulate a regulation to manage cigarette import and trading. Cigarettes shall be imported through state trade associated with line management. To designate key importers and prescribe quality standards and labels for imported cigarettes; to manage the domestic distribution of imported tobacco products. Imported cigarettes must be stuck with import stamps to distinguish them from domestic cigarettes.
- To increase measures to control fake cigarettes and smuggled foreign cigarettes. To increase examination and strictly handle acts of illegally importing cigarettes, trading in fake and imitation cigarettes and illegally trading in tobacco products.
- To strictly observe regulations on destruction (without allowing re-export) of all confiscated tobacco products and equipment to produce fake and imitation cigarettes, smuggled cigarettes and illegal tobacco products.
b/ Measures to prevent cigarette sale by and to juveniles:
- To strictly observe the ban on sale of cigarettes to under-18 people. To request tobacco product shops to make written commitments with management agencies not to sell tobacco products to under-18 people. To strictly sanction individuals and organizations violating the decree on administrative sanctioning in the health domain.
- To strictly observe the ban on cigarette sale via vending machines, internet and telephone.
c/ Measures to support economic development and transformation of production activities for laborers in tobacco product manufacture and trading industries:
To step by step study and formulate schemes to support economically viable alternative activities for tobacco growers and workers.
3. Environmental protection
To enhance measures to protect the environment and health of people involved in tobacco cultivation and manufacture. To relocate tobacco mills out of residential areas under state planning.
4. Scientific and technical cooperation and information
a/ Research, surveillance and exchange of information
- To formulate plans on scientific research and evaluation towards establishing an effective surveillance system in order to determine rates of consumption and use of tobacco products in the community and consequences of tobacco product use and exposure to tobacco smoke.
- To conduct independent evaluations or integrate tobacco product control programs into surveys on people's living standards, national health control programs or other evaluation programs related to cigarette manufacture, trading and use.
b/ Reporting and exchange of information
To make regular reports as required by the Conference of the Parties on implementation of the Framework Convention.
c/ International cooperation
To cooperate with the World Health Organization and other international organizations in science, techniques, law and expertise to enhance capacity to implement the Framework Convention.
5. Funding sources for tobacco control activities
a/ Funds for tobacco control activities to implement the Framework Convention shall be raised from the following sources:
- State budget funds.
- Funds from domestic and foreign organizations and individuals.
- Fines on administrative violations of regulations on cigarette manufacture, trading and use.
b/ To establish the Fund for prevention and control of tobacco harms and public health improvement.
II. PLAN TO AMEND, SUPPLEMENT AND PROMULGATE LEGAL DOCUMENTS FOR IMPLEMENTATION OF THE FRAMEWORK CONVENTION
1. To complete and elaborate legal documents in order to reduce the demand for tobacco products.
a/ Taxes on and prices of tobacco products:
- To devise an appropriate tax raising roadmap to increase prices of tobacco products.
- To set and impose high taxes on imported tobacco products.
- To review and amend the regulation on restricted sale of tobacco products at duty-free shops to limit and closely control the sale of tobacco products at these shops.
b/ Completion and intensification of the implementation of regulations to mitigate exposure to tobacco smoke in public places and workplaces.
c/ Disclosure of information on tobacco products:
To elaborate and promulgate a regulation requiring manufacturers and importers to disclose substances and their contents in tobacco smoke.
d/ Packing and labeling of tobacco products:
Cigarette manufacturers and traders may not use forms or words to create consumers' wrong impression or understanding about the characteristics and health effects of tobacco products or lead to consumers" understanding that a tobacco product has fewer health effects than others. These forms or words are such phrases as "low tar," "light," "ultra-light." and "mild" in Vietnamese or other languages printed on packages of tobacco products.
e/ Tobacco advertising, promotion and sponsorship:
- To continue completing guiding documents on a comprehensive ban on advertising, promotion and sponsorship in all direct or indirect forms by tobacco product manufacturers and traders for the purpose of advertising tobacco products and the names and images of tobacco trading companies.
- To join the Parties to the Framework Convention in drafting a protocol on a comprehensive ban on cross-border tobacco advertising, promotion and sponsorship.
2. To elaborate legal documents in order to gradually reduce the supply of tobacco products.
To prevent illegal trading in tobacco products:
- To join the Parties to the Framework Convention in elaborating and signing a protocol against smuggling of tobacco products.
- To plan tobacco product wholesale and retail networks nationwide, initially in big cities.
III. RESPONSIBILITIES OF MINISTRIES. BRANCHES, PROVINCIAL-LEVEL PEOPLE'S COMMITTEES, AGENCIES AND UNITS IN IMPLEMENTING THE FRAMEWORK CONVENTION
1. The Ministry of Health shall:
a/ Act as the standing body of the Program on tobacco harm prevention and control, which is tasked to organize, direct and coordinate the implementation of inter-sectional programs and plans on tobacco harm prevention and control nationwide. The Office of the Program on tobacco harm prevention and control under the Ministry of Health shall assist the Program Management Board in carrying out the plan to implement the Framework Convention; annually review and report on the implementation of the Framework Convention to the Prime Minister.
b/ Assume the prime responsibility for studying smoking cessation methods and organize their application; assume the prime responsibility for, and coordinate with the Ministry of Education and Training in. compiling materials on tobacco harm prevention and control to be included in curricula of schools and medical and pharmacy schools.
c/ Assume the prime responsibility for, and coordinate with concerned agencies in. reviewing and codifying legal documents on tobacco harm prevention and control.
d/ Assume the prime responsibility for, and coordinate with concerned ministries in. prescribing areas where smoking is banned, regulations on contents, forms and information on health warnings on tobacco products and compositions and concentrations of substances in tobacco products.
e/ Assume the prime responsibility for, and coordinate with concerned ministries and branches in, making regular reports as required by the Conference of the Parties on the implementation of the Framework Convention.
f/ Coordinate with the Ministry of Industry and Trade and the Ministry of Science and Technology in elaborating and promulgating national technical regulations on tobacco product quality; closely control technical regulations on tobacco quality.
g/ Coordinate with the Ministry of Finance in evaluating impacts of taxes on tobacco on the consumption of tobacco products and the Government's revenues.
h/ Coordinate with the Ministry of Culture. Sports and Tourism, the Ministry of Information and Communications. Vietnam Television. Voice of Vietnam, news and press agencies and concerned agencies in actively organizing activities to widely propagate the objectives, significance and contents of the Framework Convention; propagate the Framework Convention implementation roadmap; and mobilize all people to participate in the Framework Convention implementation.
2. The Ministry of Culture, Sports and Tourism shall:
a/ Uniformly direct public education and communication on the Framework Convention, harms of tobacco products and guidelines and methods for tobacco harm prevention and control in cultural, arts and cinematographic forms.
b/ Propagate a culture of neither inviting nor using tobacco products. Build tobacco-free tourist sites. Adopt plans to incorporate information and communication on tobacco harm prevention and control into other socio-economic programs.
c/ Coordinate with concerned ministries and branches in completing guiding documents on a comprehensive ban on all forms of tobacco advertising, closely control the observance of the ban on advertising of tobacco products and strictly sanction violations of regulations on tobacco product advertising.
3. The Ministry of Information and Communications shall direct the communication and propagation of tobacco harm prevention and control and concurrently prevent the publishing of information on advertisement, promotion and sponsorship of cigarette companies on the mass media and publications.
4. Vietnam Television, Voice of Vietnam and mass media agencies shall coordinate with the Ministry of Health and concerned ministries and branches in arranging broadcasting volumes and coverage to widely propagate the objectives, significance and contents of the Framework Convention; propagate the Framework Convention implementation roadmap; and mobilize all people to actively participate in the Framework Convention implementation.
5. The Ministry of Industry and Trade shall:
a/ Direct the operation of the tobacco industry from planning, tobacco growing investment, raw material processing, manufacture to trading to ensure environmental sanitation and labor safety and improve tobacco product quality in order to mitigate harms for consumers; assume the prime responsibility for, and coordinate with concerned agencies in, organizing cigarette manufacturers nationwide in a concentrated manner. Conduct specialized management of the import and use of cigarette manufacture equipment, tobacco materials and cigarette papers.
b/ Step by step study and work out feasible substituting economic schemes for tobacco growers and workers when the industry is reorganized.
c/ Assume the prime responsibility for. and coordinate with concerned agencies in, making investment in the tobacco industry.
d/ Direct the management of cigarette export, import and distribution; control cigarette traders' promotion, marketing and sponsorship; assume the prime responsibility for, and coordinate with concerned agencies in, effectively controlling such violations as cigarette smuggling, fake cigarette trading, failure to print health warnings and stick stamps under regulations, and cigarette trading at duty-free shops.
e/ Coordinate with functional agencies in managing the import of specialized tobacco equipment and tobacco materials.
f/ Assume the prime responsibility for, and coordinate with concerned ministries and branches in. organizing and planning a tobacco product wholesale and retail agency network.
6. The Ministry of Education and Training shall:
a/ Direct the tobacco harm prevention and control among students, pupils and cadres and civil servants of the education sector. Build tobacco-free schools.
b/ Incorporate tobacco harm prevention and control into curricula of schools from preschool to university levels.
7. The Ministry of Agriculture and Rural Development shall study measures to support economic development and crop restructuring to partly replace tobacco cultivation in tobacco growing areas to ensure living conditions for people in difficulty-hit areas.
8. The Ministry of Public Security shall increase the tobacco harm prevention and control in the police sector; promulgate a regulation to ban on-duty police officers from smoking; coordinate with the Ministry of Industry and Trade and concerned agencies in enhancing cigarette smuggling control and sanction violations of regulations on tobacco harm prevention and control.
9. The Ministry of National Defense shall increase tobacco harm prevention and control activities in its attached units; promulgate a regulation to ban on-duty cadres of the sector from smoking: and coordinate with functional ministries and branches in fighting cigarette smuggling.
10. The Ministry of Finance shall:
a/ Guide the implementation of tax policies applicable to tobacco under the Excise Tax Law and the Government's decree detailing the Excise Tax Law.
b/ Assume the prime responsibility for, and coordinate with the Ministry of Health and concerned ministries and branches in, working out a roadmap to reasonably increase taxes on tobacco products; study and propose the establishment of a fund for tobacco harm prevention and control and public health improvement.
c/ Assume the prime responsibility for, and coordinate with the Ministry of Health in. evaluating impacts of the new excise tax policy on cigarette consumption and state revenues.
d/ Continue studying and proposing appropriate tax and price policies in order to limit the use of tobacco products.
e/ Ensure the allocation of state budget funds in annual spending estimates of ministries, branches and localities under the current State Budget Law for tobacco harm prevention and control.
f/ Assume the prime responsibility for. and coordinate with concerned agencies in, examining the sticking of stamps on tobacco products.
11. The Ministry of Planning and Investment shall:
a/ Coordinate with the Ministry of Finance in guaranteeing budget for the national program on tobacco harm prevention and control for implementation of the Framework Convention.
b/ Coordinate with concerned ministries and branches in managing tobacco industry investment in accordance with the Government's Resolution No. 12/2000/NQ-CP of August 14, 2000, on national policies on tobacco harm prevention and control in the 2000-2010 period.
c/ Closely supervise joint ventures in strictly observing state regulations on cigarette manufacture and trading.
12. People's Committees of provinces and centrally run cities shall direct the performance of tobacco harm prevention and control tasks in their localities and annually elaborate plans, allocate budget, supervise and examine the proper use of budget for tobacco harm prevention and control.
13. Socio-political organizations and mass organizations:
a/ The Vietnam Fatherland Front Central Committee, the Vietnam General Federation of Labor, the Vietnam Farmers Association, the Vietnam Women Union, the Ho Chi Minh Communist Youth Union and the Vietnam Veterans Association shall mobilize their members to actively participate in the tobacco harm prevention and control campaign; and observe the ban on smoking at workplaces and public places under current regulations.
b/ To elaborate and promulgate guiding documents on tobacco harm prevention and control in their organizations.
c/ To coordinate with the Ministry of Health in compiling tobacco harm prevention and control materials relevant to each target group.
d/ To coordinate with People’s Committees at all levels in mobilizing people not to use tobacco products in the communities, festivals, weddings, funerals and family parties.
14. Non-governmental organizations shall raise resources and actively coordinate with government agencies in implementing the Framework Convention.
IV. ORGANIZATIONAL. MANAGERIAL AND FINANCIAL MEASURES TO IMPLEMENT THE FRAMEWORK CONVENTION
1. The Ministry of Health shall act as the key agency in coordinating with concerned ministries, branches and mass organizations in implementing the Framework Convention.
2. Annually, ministries, branches, central mass organizations and provincial-level People's Committees shall proactively plan their tobacco harm prevention and control activities; allocate funds in their annually assigned state budget spending estimates and funds from other lawful sources to implement these plans; and review and report on implementation results to the manager of the tobacco harm prevention and control program.
3. The Ministry of Health shall assume the prime responsibility for. and coordinate with concerned agencies in, reviewing tobacco harm prevention and control activities and promptly proposing commendations for agencies, organizations and individuals gaining achievements in tobacco harm prevention and control; and sanction under current regulations organizations and individuals that fail to comply with regulations on tobacco harm prevention and control, depending on the severity of their violations.-
