The Role of Public Interest Litigation in Tobacco Control: International Experience and Implications for Vietnam

Abstract

This article analyzes the concept and characteristics of public interest litigation and its practical application in the tobacco sector in selected countries. The article also examines the current legal provisions of Vietnam on public interest litigation and makes recommendations to improve Vietnamese law to bring into full play the role of public interest litigation in protecting public health. This research shows that public interest litigation has positive effects on the prevention of tobacco harms such as strengthening law enforcement, advocating for changes in policy and law, drawing public attention, and raising public awareness. The research further finds that although public interest litigation has been in place in the current law of Vietnam for decades, it is rarely used with insignificant impact. This is due to several legal shortcomings and inadequacies that need to be addressed. To strengthen and effectively enforce the legal provisions on public interest litigation in Vietnam, the authors recommend broadening the scope of entities having the right to initiate public interest lawsuits such as government bodies in charge of health, the social insurance agency, and the People’s Procuracy in Vietnam.