Laughing Gas In Vietnam (Balloons, Funky Balloons) | Penalties For Trading And Possession Of Laughing Gas And The Legal Framework On Prohibited Substances From 2025
Laughing Gas in Vietnam – From “Harmless Entertainment” to Serious Legal Risk
“Laughing gas / balloon laughing gas,” a substance once considered harmless entertainment at parties, has now become the focus of a strict legal crackdown in Vietnam.
For many years, laughing gas/balloon laughing gas (funky balloons) has been considered a popular form of entertainment at bars, clubs, karaoke venues, and nightclubs, especially in areas with a high concentration of foreign nationals and tourists.
However, in practice, the abuse of laughing gas has caused and continues to cause serious consequences to public health and social order, and has become a hot legal issue receiving special attention from the National Assembly, the Government, and law enforcement authorities.
From early 2025 to the present, ⇗ An Law Vietnam – Criminal Law Firm has received and participated in the defense of many cases related to the trading, possession, and use of laughing gas, mainly occurring in Ho Chi Minh City.
Notably:
➜ The majority of clients are not aware of Vietnamese legal regulations
➜ Many cases involve foreign owners of restaurants, bars, and clubs
➜ Violations arise from loose personnel management, where employees secretly sell laughing gas to customers
In actual legal practice, as well as in defending many clients for violations related to the trading and possession of “laughing gas/balloon laughing gas,” whether intentional or unintentional, ⇗ An Law Vietnam – Criminal Law Firm has found that many cases do not originate from the intentional acts of business owners, but rather stem from loose personnel management and lack of internal control.
Notably, there are quite a few cases where business owners are foreign nationals who do not directly participate in the trading, yet are still subject to criminal liability due to prolonged violations occurring at their business establishments.
This is a very real legal risk, which has occurred and continues to occur in many cases that we have directly participated in defending.
Frequently Asked Legal Questions Regarding Laughing Gas in Vietnam
In the course of legal consultation and criminal defense practice, An Law Vietnam – Criminal Law Firm frequently receives the following questions:
- Laughing Gas (Balloons, Funky Balloons) 2025 | Is It Banned & Can It Lead to Imprisonment?
- Is balloon laughing gas considered a type of narcotic substance?
- Is balloon laughing gas/laughing gas completely prohibited in Vietnam?
- How will establishments selling balloon laughing gas be penalized?
- What is balloon laughing gas and what are its harmful effects?
- Why is balloon laughing gas officially prohibited from 01 January 2025?
- Can trading balloon laughing gas from 2025 lead to imprisonment?
In this article, An Law Vietnam – Criminal Law Firm will analyze each issue in turn under current Vietnamese law and actual enforcement practice, so that clients may understand to some extent the seriousness to particularly serious levels of legal risk in the course of conducting business in Vietnam.
What Is Balloon Laughing Gas? How Does N₂O Affect the Human Body?
Balloon laughing gas (funky balloons) refers to balloons filled with N₂O – Dinitrogen Monoxide (Nitrous Oxide).
This substance is:
➜ Colorless
➜ Odorless
➜ Tasteless
Effects When Inhaling N₂O
When inhaled into the body, N₂O affects the central nervous system, causing:
➜ Feelings of euphoria
➜ Uncontrollable laughter and speech
➜ Mild hallucinations
Harmful Effects When Used Frequently or Abused
According to medical documents and recorded practice:
➜ Neurological disorders
➜ Numbness in extremities and unsteady walking
➜ Memory and sleep disorders
➜ Cardiac rhythm disorders and low blood pressure
➜ Vitamin B12 deficiency
➜ Depression and risk of mild stroke
Therefore, laughing gas is not a “harmless” substance as many people mistakenly believe.
Is Laughing Gas a Narcotic Substance?
The answer is: “NO.”
According to Decree No. 57/2022/NĐ-CP, N₂O gas is not included in the list of narcotic substances or precursors.
However, special attention must be paid to the following important legal principle:
Not a narcotic ≠ permitted for use
This means that:
➜ A substance not classified as a narcotic
➜ Does not mean it is permitted to be traded or used for human consumption
Many people mistakenly believe:
“If it is not a narcotic, then it can be used.”
👉 This is a dangerous and harmful misunderstanding, leading to very severe penalties of up to 15 years’ imprisonment.
Additionally, Vietnamese law strictly regulates:
➜ Addictive substances
➜ Substances harmful to human health
➜ Chemicals subject to restricted production and trading
➜ Goods prohibited from circulation and use
Legal Framework Governing Laughing Gas Prior to 2025
Administrative penalties for the trading of laughing gas from 2025 are applied on the basis of ⇗ Resolution No. 173/2024/QH15 of the National Assembly (which classifies laughing gas as prohibited goods) and Article 8 of ⇗ Decree No. 98/2020/NĐ-CP on administrative sanctions in commercial activities. Administrative sanctions are applicable only where the value of the goods or the amount of illicit profits does not reach the threshold for criminal liability under ⇗ Article 190 of the 2015 Penal Code (as amended and supplemented).
1.) ⇗ Under Decree No. 113/2017/NĐ-CP
N₂O gas falls under:
➜ The list of chemicals subject to restricted production and trading in the industrial sector
➜ Managed by the Ministry of Industry and Trade
➡️ It is only permitted to:
➜ Be used for industrial and medical purposes
➜ With a valid legal license
2.) ⇗ Administrative Sanctions under Decree No. 17/2022/NĐ-CP
Violations include:
➜ Unlicensed trading
➜ Incorrect purpose of use
➜ Incorrect location
➜ Leasing, lending, or trading licenses
👉 Penalties include:
➜ Individuals: VND 20 – 25 million
➜ Organizations: double the individual penalty
➜ Mandatory confiscation of all illegal profits
➜ Possible revocation of business licenses
Penalties for Trading Balloon Laughing Gas from 2025
Administrative Sanctions
Applied when:
The value of goods or amount of illegal profits does not meet the threshold for criminal prosecution
Administrative penalties for trading balloon laughing gas | |
Value of balloon laughing gas / Illegal profit | Fine (INDIVIDUAL) |
Below VND 3,000,000 / below VND 1,500,000 | VND 1 – 3 million |
VND 3 – under 5 million / VND 1.5 – under 2.5 million | VND 3 – 5 million |
VND 5 – under 10 million / VND 2.5 – under 5 million | VND 5 – 10 million |
VND 10 – under 30 million / VND 5 – under 15 million | VND 10 – 30 million |
VND 30 – under 50 million / VND 15 – under 25 million | VND 30 – 50 million |
VND 50 – under 70 million / VND 25 – under 35 million | VND 50 – 70 million |
VND 70 – under 100 million / VND 35 – under 50 million | VND 70 – 90 million |
From VND 100 million or more / from VND 50 million or more | VND 90 – 100 million |
Very important note:
The above fines apply to individuals.
Organizations, enterprises, and commercial legal entities: FINES ARE DOUBLED.
In addition to monetary fines, violators may also be subject to:
Confiscation of all exhibits, mandatory confiscation of all illegal profits, suspension of business operations for a definite period, etc.
Criminal Liability – Offense Of Trading Prohibited Goods
Applied when:
The value of goods or amount of illegal profits meets the threshold for criminal prosecution
For INDIVIDUALS (Article 190 of the 2015 Penal Code)
Criminal Penalty Framework for Individuals | |
Violation / Value | Principal Penalty |
Trading balloon laughing gas valued from VND 100 – under 300 million OR illegal profit from VND 50 – under 200 million | Fine VND 100 million – 1 billion OR imprisonment from 01 – 05 years |
Trading valued from VND 300 – under 500 million OR illegal profit from VND 200 – under 500 million | Fine VND 1 – 3 billion OR imprisonment from 05 – 10 years |
Trading valued from VND 500 million or more OR illegal profit from VND 500 million or more | Imprisonment from 08 – 15 years |
Additional penalties:
➜ Additional fine: VND 20 – 100 million
➜ Prohibition from practicing professions or holding positions: 01 – 05 years
Criminal Penalty Framework for Commercial Legal Entities | |
Level of violation | Applicable penalty |
Corresponding to Tier 1 | Fine VND 1 – 3 billion |
Corresponding to Tier 2 | Fine VND 3 – 6 billion |
Corresponding to Tier 3 | Fine VND 6 – 9 billion OR suspension of operations from 06 months – 03 years |
Causing serious damage, impossible to remedy | Permanent suspension of operations |
Additional penalties for legal entities:
➜ Fine: VND 50 – 200 million
➜ Prohibition from conducting business or operating in certain fields
➜ Prohibition from capital mobilization for 01 – 03 years
From 2025, trading balloon laughing gas is no longer merely an administrative violation.
Once the value or illegal profit threshold is met, individuals may face imprisonment of up to 15 years, while enterprises may be fined up to VND 9 billion or permanently shut down.
Legal Opinion from An Law Vietnam
The trading, possession, and use of laughing gas in Vietnam is no longer a simple administrative violation.
From 01 January 2025, this constitutes a real criminal risk, especially for:
➜ Business owners
➜ Managers
➜ Commercial legal entities
➜ Foreign nationals operating in Vietnam
With many years of experience in consulting and defending cases related to Economic Crimes, Criminal Offenses, and Drug-Related Crimes, An Law Vietnam – Criminal Law Firm understands that each client faces enormous legal pressure and it is not easy to find the right solution while under investigation, temporary detention, or custody.
Regarding the core values of our defense strategy at An Law Vietnam – Criminal Defense Attorney;
At An Law Vietnam, we do not merely review case files.
We connect with and update clients’ families on detention status, health, mental condition, and case developments.
We conduct in-depth research into every “Detail,” every “Statement,” every “Piece of Evidence,” together with applicable Vietnamese law, to build a practical and appropriate defense strategy for each case.
Our goal is to ensure that every legal decision and every statement made in court delivers the optimal legal benefit for our clients.
Specialized and Absolutely Confidential Services for Each Client:
We are proud to provide strategic criminal defense services with absolute confidentiality for the foreign community in Vietnam. Client confidentiality is our highest priority, and the legal value we deliver is what we strive for.
DO NOT WASTE VALUABLE TIME! Any delay may affect the outcome of the case.
“In criminal cases, the timing of contacting a lawyer can determine the entire outcome of the case.”
Please contact our lawyers immediately for consultation:
📞 Phone: (+84) 986 995 543
📧 Email: info@anlawvietnam.com
📍 Head Office: Diamond Plaza, 34 Le Duan Street, Sai Gon Ward, Ho Chi Minh City
🏢 Vung Tau Branch: Vo Thi Sau Street, Vung Tau Ward, Ho Chi Minh City
Note
This article is for reference purposes only. As Vietnamese legal policies may change over time, the above content may no longer be appropriate in certain specific cases. To clearly understand your specific violation situation, please contact An Law Vietnam – Criminal Law Firm for detailed consultation.
For any questions or feedback, please contact An Law Vietnam for timely support.
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