The air is filled of smoke. A group of men puff on their cigarettes like chimneys as they sit facing a sign which proclaims "No Smoking!" in the lounge of Ha Noi’s Buu Dien Hospital.
A pregnant woman coughs noisily and rushes towards the door. Other women sitting beside her cover their noses to avoid inhaling the smoke being carelessly blown in their direction.
"I can’t stand this anymore. They are being cruel not just to me, but also to my baby," said 25-year old Nguyen Thu Trang.
This scene is all too common, playing out in public places all over Viet Nam. A number of smoking bans have been passed by the Government and relevant ministries. However these bans dictate neither a specific punishment nor which authorities are responsible for punishing infractions, said Nguyen Ba Bo, a judge of the Central Military Court.
In May 2007, the Prime Minister released a directive which banned smoking in public places like schools, health centres/hospitals, production centres, public transportation, libraries, bus stations, railway stations, airports, ports and indoor entertainment centres.
The Prime Minister also approved the Regulation on Cultural Behaviours in offices, which also mentions the ban on smoking.
The ministries of Education and Training, Health, Information and Communication and Transport have their own smoking bans.
However, none of these documents suggest how and who should fine the violators, said Bo.
Directive No 45, which was signed by the Prime Minister, is the only legal document which stipulates that fines between VND 50,000 - 100,000 will be levied on people who smoke in public places.
The Government and relevant agencies need to release practical legal documents which regulate specific punishments and the agencies responsible for enforcing them, said Pham Hoang Anh, director of the HealthBridge Organisation’s representative office.
They release the documents but seem not to care if they are implemented in an effective way, said Hoang Anh.
Since no law enforcement agency is responsible for enforcing the ban, often the task is left to the owners and managers of public places like hospitals and bus stations or non-smokers, who often encounter difficulties when they try to remind smokers of the ban.
When guards issue a complaint against them, many smokers shout at them and even throw cigarettes at us, said Tran Thanh Dung, head of Security at HCM City’s Cho Ray Hospital.
Fining them is not within our rights, no regulations allow it. Policemen or other law enforcement officers can’t come into the hospital to fine them, said Truong Quang Dinh, deputy director of the Central Paediatrics Hospital No 2.
Reminding them not to smoke or taking note of who is smoking in public places is useless because the violators don’t get punished, said Dung.
"I suggested that they shouldn’t smoke in offices and they looked at me like I was crazy," said Luong Minh Duong. "One man teased me and said: what, you aren’t a man?"
"Young men around me still smoke like chimneys. I don’t dare to remind them of not smoking but cover my nose to avoid the smoke," he said.
Enforcement
It is necessary to legally enforce the smoking ban in public places so that this issue can get enough consideration, said Ngoc Anh.
However, for the time being, people are making an effort to protect their health.
"We posted hundreds of no smoking signs around the hospital. Everyday, there is a member of our team cycling around the hospital to remind people they aren’t allowed to smoke," said Dung.
In addition, the hospital reserves a separate space for people who want to smoke while waiting for their relatives.
"After taking note of their violation, can we send them to the local policemen for punishment?" Dung, a guard, asked.
In HCM City’s Central Paediatrics Hospital No 1, every hour the loudspeaker gives a warning about the bad effects of smoking. However, this hasn’t had any obvious effect.
It is impossible to persuade all smokers to give up cigarettes but it is possible to remind them about the bad effects of smoking.
While they are sitting around waiting for the Government to pass a new ban, non-smokers, especially women and children, need to protect their rights not to inhale second-hand smoke, said Hoang Anh.
People need to clearly acknowledge the harm of cigarettes, which kill five million people around the globe every year, said Doctor Luong My Binh of the Central Paediatrics Hospital.
Many countries like Italy, Spain, Sweden and Singapore, have successfully banned smoking in public places. Even Thailand has a capital clear of smoke. Viet Nam should follow in their footsteps.