Law on Prevention and Control of Harmful Effects of Alcohol Number 44/2019/QH14

 LAW

PREVENTING AND COMBATING THE HARM CAUSED BY ALCOHOLIC BEVERAGES

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on Preventing and Combating the Harm Caused by Alcoholic Beverages.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law stipulates measures to reduce the consumption of alcoholic beverages; management measures for the supply of alcoholic beverages; measures to reduce the harm caused by alcoholic beverages; conditions ensuring activities to prevent and combat the harm caused by alcoholic beverages; state management and responsibilities of agencies, organizations, and individuals in preventing and combating the harm caused by alcoholic beverages.

Article 2. Interpretation of Terms

In this Law, the following terms shall be understood as follows:

1. Alcohol is an alcoholic food beverage produced through fermentation from one or a mixture of main ingredients including starch from grains, sugar juice from plants, flowers, roots, fruits, or a beverage prepared from food alcohol.

2. Beer is an alcoholic food beverage produced through fermentation from a mixture of main ingredients including malted barley (malt), barley, beer yeast, hop flowers, water.

3. Food Alcohol is an organic compound with the molecular formula C₂H₅OH and the scientific name ethanol that has been purified to meet national technical standards for use in food, capable of causing addiction and acute poisoning.

4. Alcohol Content is a measure indicating the amount of food alcohol in alcoholic beverages expressed as a percentage by volume. The alcohol content is calculated based on the number of milliliters of pure ethanol in 100 ml of solution at 20 °C.

5. Harm Caused by Alcoholic Beverages refers to the harmful impact and influence of alcoholic beverages on human health, families, communities, traffic safety, public order and safety, economy, and other social issues.

6. Addiction to Alcoholic Beverages is a condition of dependence on alcoholic beverages characterized by frequent cravings, increasing amounts consumed over time, inability to control the quantity consumed or stop drinking.

7. Handcrafted Alcohol Production is the production of alcohol using traditional equipment without the use of industrial machinery or equipment.

8. Industrial Alcohol Production is the production of alcohol using machinery and industrial equipment.

Article 3. State Policy in Preventing and Combating the Harm Caused by Alcoholic Beverages

1. Implement comprehensive measures to prevent and combat the harm caused by alcoholic beverages.

2. Prioritize information, education, and communication activities; reduce the availability and accessibility of alcoholic beverages; mitigate the harm caused by alcoholic beverages; strengthen management of handcrafted alcohol production; implement measures to prevent and combat the harm caused by alcoholic beverages for children, students, young people, pregnant women.

3. Ensure resources for work to prevent and combat the harm caused by alcoholic beverages; focus on prevention and combat activities related to alcoholic beverages in primary healthcare and community settings; mobilize socialization of activities to prevent and combat the harm caused by alcoholic beverages.

4. Encourage scientific research, technological development, and application of advanced and new technologies to reduce the harm caused by alcoholic beverages.

5. Reward collectives and individuals for outstanding achievements in preventing and combating the harm caused by alcoholic beverages.

Article 4. Rights and Obligations of Individuals and Organizations in Preventing and Combating the Harm Caused by Alcoholic Beverages

1. To live in an environment free from the influence of the harm caused by alcoholic beverages.

2. To be provided with appropriate, accurate, objective, scientific, and complete information about alcoholic beverages, their origin, quality, and the harm they cause.

3. To report and denounce violations of laws on preventing and combating the harm caused by alcoholic beverages; to denounce the failure of agencies and authorized persons to handle such violations.

4. To comply with the provisions of laws on preventing and combating the harm caused by alcoholic beverages.

Article 5. Prohibited acts in preventing and combating the harmful effects of alcohol

1. Inciting, encouraging, enticing, or forcing others to drink alcohol.

2. Persons under 18 years old drinking alcohol.

3. Selling, providing, or promoting alcohol to persons under 18 years old.

4. Using labor of persons under 18 years old directly involved in the production, purchase, and sale of alcohol.

5. State officials, civil servants, public employees, workers in agencies and organizations, officers, non-commissioned officers, professional soldiers, soldiers, personnel working in the People's Armed Forces, students, and trainees drinking alcohol immediately before, during work hours, study hours, and rest periods within work hours and study hours.

6. Operating a means of transportation while having a blood alcohol concentration or breath alcohol level.

7. Advertising alcohol with an alcohol content of 15 degrees or higher.

8. Providing inaccurate or false information about the impact of alcohol on health.

9. Promotions in business activities involving alcohol with an alcohol content of 15 degrees or higher; using alcohol with an alcohol content of 15 degrees or higher for promotions in any form.

10. Using raw materials, additives, processing aids not permitted for food; raw materials, food additives, and processing aids that do not meet quality standards and have unclear origins and sources to produce and mix alcohol.

11. Engaging in alcohol business without a permit or registration; selling alcohol through automatic vending machines.

12. Trading, storing, transporting counterfeit, smuggled, substandard alcohol with unclear origins and sources; smuggling alcohol.

13. Other prohibited acts related to alcohol as prescribed by law.

Chapter II

MEASURES TO REDUCE ALCOHOL CONSUMPTION

Article 6. Objectives and requirements in information, education, and communication on preventing and combating the harmful effects of alcohol

1. Information, education, and communication aimed at raising awareness, guiding behavior, changing harmful habits to prevent and combat the harmful effects of alcohol on human health, family, community, traffic safety, social order, security, economy, and other social issues.

2. Information, education, and communication on preventing and combating the harmful effects of alcohol must meet the following requirements:

a) Accuracy, objectivity, and scientific basis;

b) Consistent; appropriate, accessible, and effective for each target group, educational level, age, gender; consistent with traditions, culture, national identity, religion, and customs; focusing on students, trainees, young people, pregnant women, and individuals and organizations producing homemade alcohol.

Article 7. Content of information, education, and communication on preventing and combating the harmful effects of alcohol

1. State policies and laws on preventing and combating the harmful effects of alcohol; prohibited acts in preventing and combating the harmful effects of alcohol; sanctions and measures to encourage individuals and organizations to comply with the law on preventing and combating the harmful effects of alcohol.

2. Rights, obligations of individuals, and responsibilities of agencies, organizations, families, and communities in preventing and combating the harmful effects of alcohol.

3. Harmful effects of alcohol; harmful effects of counterfeit, substandard, unsafe alcohol; levels of risk when consuming alcohol; measures to reduce the harmful effects of alcohol.

4. Diseases, health conditions, and groups unsuitable for drinking alcohol; ages not allowed to drink alcohol.

5. Skills to refuse alcohol; skills to recognize and handle situations involving drunk individuals, alcohol addicts.

6. Encouraging reduced alcohol consumption and not operating vehicles or machinery after drinking alcohol.

7. Guidelines for households and individuals producing homemade alcohol to ensure food safety according to the law.

8. Propaganda, mobilization, and guidance for households and individuals producing homemade alcohol to complete procedures for obtaining a production permit and registering with the People's Committee of the commune their sales of alcohol to licensed production establishments for further processing, declaring the production of homemade alcohol not for commercial purposes.

Article 8. Forms of information, education, and communication on preventing and combating the harmful effects of alcohol

1. Direct implementation; advisory services to understand laws; provision and dissemination of materials.

2. Through mass media, loudspeakers, the Internet, posters, banners, propaganda paintings.

3. Competitions for promotional activities and knowledge contests.

4. Communication campaigns.

5. Integration into teaching and learning activities at educational institutions within the national education system; cultural, artistic, and sports activities; activities of agencies, organizations, communities, and grassroots cultural and sports facilities.

Article 9. Responsibilities in information, education, and communication on preventing and combating the harmful effects of alcohol

1. Agencies, organizations, and individuals have the responsibility to implement information, education, and communication as stipulated in Articles 6, 7, and 8 of this Law.

2. The Government shall specify responsibilities for implementing information, education, and communication on preventing and combating the harmful effects of alcohol and limiting the use of images of actors drinking alcohol in film, theater, and television works.

3. Amend Clause 3 Article 2 as follows:Article 10. Places where alcohol consumption is prohibited

1. Healthcare facilities.

2. Educational institutions during teaching, learning, and working hours.

3. Facilities and areas for caring, nurturing, playing, and entertaining persons under 18 years old.

4. Rehabilitation centers, compulsory educational institutions, reformatory schools, detention centers, and other detention facilities.

5. Social welfare facilities.

6. Workplaces of state agencies, political organizations, socio-political organizations, occupational socio-political organizations, public service units during working hours, except for permitted business locations for alcohol sales.

7. Public places as specified by the Government.

Article 11. Management of promotional activities for alcohol with an alcohol content below 15 degrees

Organizations and individuals conducting promotional activities for alcohol with an alcohol content below 15 degrees must comply with the provisions of this Law and other laws regarding promotions.

Article 12. Management of advertising for alcohol with an alcohol content below 5.5 degrees

1. Organizations and individuals conducting advertisements for alcohol must comply with the provisions of this Law and other laws regarding advertising.

2. Advertisements may not contain the following contents:

a) Information or images that encourage drinking alcohol; information stating that alcohol has effects that promote maturity, success, friendliness, sexual attractiveness; targeting children, students, young adults, pregnant women;

b) Using items, images, symbols, music, characters from films, product labels intended for children, students, young adults; using persons under 18 years old or images of persons under 18 years old in alcohol advertisements.

3. Advertising may not be conducted through the following means:

a) Events, advertising media, products intended for persons under 18 years old, students, young adults, pregnant women;

b) Transportation media;

c) Radio and television broadcasts immediately before, during, and immediately after programs for children; between 6 PM and 9 PM daily, except for advertisements already included in purchased sports programs broadcast directly from abroad and other cases as specified by the Government;

d) Outdoor advertising media violating regulations on size and distance from educational institution premises, facilities, and areas for caring, nurturing, playing, and entertaining persons under 18 years old.

4. Advertisements must include warnings to prevent and combat the harmful effects of alcohol.

5. Online advertisements on websites, electronic information pages, electronic media, terminal devices, and other telecommunications devices must have technological filtering systems and software to control the age of users to prevent persons under 18 years old from accessing, browsing, and searching for information about alcohol.

6. The Government shall provide detailed regulations for point d, Clause 3, Clause 4, and Clause 5 of this Article.

Article 13. Management of Advertising for Alcohol with an Alcohol Content of 5.5 Degrees to Less Than 15 Degrees and Beer with an Alcohol Content of 5.5 Degrees or Higher

Organizations and individuals conducting advertising for alcohol with an alcohol content of 5.5 degrees to less than 15 degrees and beer with an alcohol content of 5.5 degrees or higher must comply with the provisions set forth in Article 12 of this Law and shall not advertise under the following circumstances:

1. In cultural programs, activities, theater, film, and sports events;

2. On outdoor advertising media, except for signs of businesses selling alcohol.

Article 14. Management of Sponsorship by Organizations and Individuals Engaged in the Business of Alcohol and Beer

Organizations and individuals engaged in the business of alcohol and beer that conduct sponsorship must comply with relevant legal regulations on sponsorship and shall not sponsor using alcohol or beer products.

ChapterIII

MANAGEMENT MEASURES FOR THE SUPPLY OF ALCOHOL AND BEER

Article 15. Management of Alcohol Business Operations

1. Conditions for issuing permits for the production of industrial alcohol with an alcohol content of 5.5 degrees or higher include:

a) The enterprise must be established in accordance with the provisions of the law;

b) Possess an industrial machine and equipment assembly line, production technology process that meets the planned production scale;

c) Ensure food safety and environmental protection conditions in accordance with the provisions of the law;

d) Have technical staff with appropriate qualifications and expertise in the alcohol production industry.

2. Conditions for issuing permits for the production of traditional alcohol with an alcohol content of 5.5 degrees or higher for business purposes, except in cases stipulated in Clause 3 of this Article, include:

a) Enterprises, cooperatives, cooperative unions, or individual businesses established in accordance with the provisions of the law;

b) Ensuring food safety conditions in accordance with the provisions of the law.

3. Conditions for households and individuals producing traditional alcohol with an alcohol content of 5.5 degrees or higher for sale to businesses with alcohol production licenses for further processing include:

a) Having a purchase and sale contract with businesses holding an alcohol production license and registering with the People's Committee of the commune where the production facility is located;

b) Ensuring food safety conditions in accordance with the provisions of the law.

4. Conditions for issuing permits for the purchase and sale of alcohol with an alcohol content of 5.5 degrees or higher include:

a) Registering business operations in accordance with the provisions of the law;

b) Meeting conditions according to each type of alcohol purchase and sale.

5. The Government shall provide detailed regulations on this matter and manage the business of alcohol with an alcohol content below 5.5 degrees.

Article 16. Conditions for Selling Alcohol and Beer through E-commerce

1. Comply with the provisions of Clause 4, Clause 5 of Article 15 and Article 18 of this Law.

2. Meet the conditions stipulated by the law on e-commerce.

3. Implement measures prescribed by the Government to prevent persons under 18 years old from accessing, searching for information, and purchasing alcohol and beer.

4. Apply cashless payment methods.

Article 17. Measures for Managing the Production of Traditional Alcohol Not for Business Purposes

1. Households and individuals producing traditional alcohol not for business purposes must submit a declaration to the People's Committee of the commune regarding the quantity of alcohol produced, usage scope, commitment to ensure food safety, and not selling alcohol to the market, in a form prescribed by the Minister of Industry and Trade. The declaration does not require payment of fees or charges.

2. People's Committees at all levels guide the implementation of legal regulations on food safety; report production volume and food safety assurance situation for non-business purpose traditional alcohol production within their jurisdiction.

Article 18. Ensuring Quality and Food Safety for Alcohol and Beer

Alcohol and beer traded and circulated in Vietnam must comply with technical standards, product quality requirements, and food safety regulations as stipulated by law.

Article 19. Locations Prohibited from Selling Alcohol and Beer

1. Healthcare facilities.

2. Educational institutions.

3. Facilities and areas for caring, nurturing, playing, and entertaining persons under 18 years old.

4. Rehabilitation centers, compulsory educational institutions, reformatory schools, detention centers, and other detention facilities.

5. Social welfare facilities.

6. Workplaces of state agencies, political organizations, socio-political organizations, socio-professional organizations, public service units, except for locations permitted to trade alcohol and beer.

Article 20. Prevention and Handling of Fake Alcohol and Beer, Non-compliant Quality and Food Safety Standards; Smuggled Alcohol and Beer of Unknown Origin and Source

1. Fake alcohol and beer, non-compliant with quality and food safety standards, and smuggled alcohol and beer of unknown origin and source shall be confiscated and dealt with according to the provisions of the law.

2. Organizations and individuals have the responsibility to cooperate and participate with competent authorities in preventing and combating fake alcohol and beer, non-compliant with quality and food safety standards, and smuggled alcohol and beer of unknown origin and source.

3. The Ministry of Industry and Trade and the Ministry of Health, within their respective duties and powers, shall guide the addition of color indicators to non-food alcohol products to distinguish them from food alcohol and prevent the mixing of alcohol from non-permitted non-food alcohol products.

Chapter IV

MEASURES TO REDUCE THE HARM CAUSED BY ALCOHOL AND BEER

Article 21. Prevention of Traffic Accidents Related to the Consumption of Alcohol and Beer

1. Drivers of vehicles shall not consume alcohol or beer before and during participation in traffic.

2. Heads of transport businesses and owners of transport vehicles shall take proactive measures to prevent, detect, and stop drivers from consuming alcohol or beer immediately before and during participation in traffic.

3. Authorities and persons with jurisdiction shall be responsible for testing blood alcohol levels and breath alcohol concentrations of drivers involved in traffic or causing traffic accidents.

4. The Ministry of Transport shall be responsible for developing content and organizing training on the prevention and control of the harm caused by alcohol and beer in driver licensing and certification programs under its management.

Article 22. Prevention, Intervention, and Reduction of Harm Caused by the Consumption of Alcohol and Beer on Health

1. Measures for the prevention, intervention, and reduction of harm caused by the consumption of alcohol and beer on health include:

a) Providing advice on the prevention and control of the harm caused by alcohol and beer to patients seeking medical treatment at healthcare facilities;

b) Screening and early detection of risk factors for health among those who consume alcohol and beer; those suffering from diseases or functional disorders due to alcohol and beer consumption; and those addicted to alcohol and beer;

c) Interventions to reduce harm for those with health risk factors, pregnant women at risk of fetal alcohol syndrome or fetal alcohol exposure; and prevention and control of addiction and relapse in alcohol and beer consumption;

d) Diagnosing, treating, and restoring functions for those suffering from diseases or functional disorders related to alcohol and beer consumption.

2. Healthcare facilities shall implement the measures prescribed in Clause 1 of this Article in accordance with professional and technical guidance from the Ministry of Health.

Article 23. Counseling on Preventing and Combating the Harm of Alcohol

1. Counseling on preventing and combating the harm of alcohol includes the following contents:

a) Information, knowledge, and laws on preventing and combating the harm of alcohol;

b) Measures to reduce the harm of alcohol; skills to refuse drinking alcohol; skills to recognize and handle situations involving people who are drunk from alcohol, people addicted to alcohol.

2. Counseling on preventing and combating the harm of alcohol focuses on the following subjects:

a) People who frequently drink alcohol;

b) People addicted to alcohol;

c) Family members of people who frequently drink alcohol or are addicted to alcohol;

d) Children, students, young adults, pregnant women;

e) People affected by the harm of alcohol.

3. The People's Committee at the commune level shall take the lead in coordinating with the Vietnam Fatherland Front Committee at the same level and member organizations of the Front to guide and create conditions for counseling activities on preventing and combating the harm of alcohol within their jurisdiction.

4. The State shall create conditions and encourage organizations and individuals to provide counseling on preventing and combating the harm of alcohol for community members.

5. Agencies, organizations, and individuals implementing counseling activities as stipulated in Clause 1 and Clause 2 of this Article shall be consistent with their assigned functions and tasks.

Article 24. Measures to Prevent the Harm of Alcohol in the Community

1. Promote and mobilize families and members of organizations and communities to participate in promoting and implementing legal regulations on preventing and combating the harm of alcohol.

2. Integrate activities to prevent and combat the harm of alcohol into cultural, artistic, sports movements, building a civilized lifestyle, and other activities in the community.

3. Mobilize and encourage the inclusion in village customs and community agreements of provisions limiting or prohibiting the consumption of alcohol at weddings, funerals, and festivals in residential areas.

4. Mobilize individuals and organizations not to use alcohol products of unknown origin, without clear labeling, or that have not been tested for food safety.

5. Identify and report individuals who are drunk from alcohol or are addicted to alcohol to warn, prevent, and address behaviors that affect public order and social safety.

Article 25. Care, Support, and Protection of Children, Women, and Other Vulnerable Groups to Prevent and Reduce the Harm of Alcohol

1. Measures for caring, supporting, and protecting children, women, and other vulnerable groups to prevent and reduce the harm of alcohol include:

a) Providing counseling to women of childbearing age, pregnant women, and nursing mothers about the harm of alcohol to fetuses and children; providing counseling to those affected by the harm of alcohol when using services at healthcare facilities, social support centers, and centers assisting victims of domestic violence;

b) Intervening, supporting, and applying measures to prohibit contact and ensure safety according to the law on preventing and combating domestic violence for children, women, and other vulnerable groups to prevent them from being affected by the harm of alcohol;

c) Measures to prevent and stop actions as prescribed by law.

2. The measures prescribed in Clause 1 of this Article must be integrated into programs, plans, and activities related to children, women, and other vulnerable groups.

3. Agencies, organizations, families, and individuals implementing the provisions of Clause 1 and Clause 2 of this Article shall be consistent with their assigned functions and tasks.

Chapter V

Article CONDITIONS FOR GUARANTEE

FOR ACTIVITIES TO PREVENT AND COMBAT THE HARM CAUSED BY ALCOHOL AND BEER

Article 26. Funding for activities to prevent and combat the harm caused by alcohol and beer

1. Funding for activities to prevent and combat the harm caused by alcohol and beer includes:

a) State budget;

b) Other lawful funding.

2. Funding for activities to prevent and combat the harm caused by alcohol and beer shall be allocated, managed, and used for their intended purposes effectively and in accordance with the provisions of the law.

3. The Government shall stipulate the contents and levels of expenditure for activities to prevent and combat the harm caused by alcohol and beer that are guaranteed by the state budget.

Article 27. Training and enhancing professional knowledge and skills for personnel engaged in preventing and combating the harm caused by alcohol and beer

1. Personnel engaged in preventing and combating the harm caused by alcohol and beer shall be trained and enhanced in professional knowledge and skills appropriate to the responsibilities assigned to them.

2. Primary healthcare staff and volunteers implementing activities to prevent and combat the harm caused by alcohol and beer shall be prioritized to participate in activities to enhance their capacity and professional knowledge and skills related to preventing and combating the harm caused by alcohol and beer.

Article 28. Handling violations of laws on preventing and combating the harm caused by alcohol and beer

1. Organizations and individuals who commit acts violating laws on preventing and combating the harm caused by alcohol and beer shall be subject to disciplinary action, administrative penalties, or criminal prosecution, depending on the nature and severity of the violation, and if damage is caused, they must provide compensation in accordance with the provisions of the law.

2. Authorities and persons with jurisdiction may use technical equipment to promptly detect and handle violations of laws on preventing and combating the harm caused by alcohol and beer.

3. The Government shall stipulate administrative penalties for violations of laws on preventing and combating the harm caused by alcohol and beer.

Chapter VI

STATE MANAGEMENT AND RESPONSIBILITIES OF AUTHORITIES, ORGANIZATIONS, AND INDIVIDUALS IN PREVENTING AND COMBATING THE HARM CAUSED BY ALCOHOL AND BEER

Article 29. Contents of state management on preventing and combating the harm caused by alcohol and beer

1. Issuing, submitting to competent authorities for issuance, and organizing the implementation of policies, laws, and plans on preventing and combating the harm caused by alcohol and beer.

2. Providing information, propaganda, dissemination, and education on preventing and combating the harm caused by alcohol and beer.

3. Training and enhancing knowledge and skills for preventing and combating the harm caused by alcohol and beer.

4. Statistics, mid-term reviews, final summaries, and regular reports on the implementation of activities to prevent and combat the harm caused by alcohol and beer.

5. Inspections, checks, handling of violations of laws, and resolution of complaints and denunciations regarding preventing and combating the harm caused by alcohol and beer.

6. Scientific research and international cooperation on preventing and combating the harm caused by alcohol and beer.

Article 30. Responsibilities for state management on preventing and combating the harm caused by alcohol and beer

1. The Government shall uniformly manage state affairs on preventing and combating the harm caused by alcohol and beer.

2. The Ministry of Health shall be the lead agency assisting the Government in managing state affairs on preventing and combating the harm caused by alcohol and beer.

3. Ministries and agencies at the level of ministries, within the scope of their tasks and powers, shall have the responsibility to manage state affairs on preventing and combating the harm caused by alcohol and beer.

4. People's Committees at all levels, within the scope of their tasks and powers, shall manage state affairs on preventing and combating the harm caused by alcohol and beer in their localities.

Article 31. Responsibilities of the Vietnam Fatherland Front, member organizations of the Vietnam Fatherland Front, and social and occupational organizations

1. The Vietnam Fatherland Front and its member organizations, within the scope of their functions and tasks, shall have the responsibility to educate, propagate, and mobilize the people, members, and affiliates to implement policies and laws on preventing and combating the harm caused by alcohol and beer; incorporate the content of preventing and combating the harm caused by alcohol and beer into internal regulations and rules of agencies and organizations; participate in providing opinions on law-making, supervise, and provide social feedback in the field of preventing and combating the harm caused by alcohol and beer in accordance with the provisions of the law.

2. The Ho Chi Minh Communist Youth Union shall have the following responsibilities:

"a) To implement the responsibilities prescribed in Clause 1 of this Article;"

b) Propaganda and education for children, students, young people not to consume alcohol and beer;

c) Cooperate with relevant agencies and organizations to protect and support children, students, young people affected by the harm caused by alcohol and beer;

d) Integrate activities to prevent and combat the harm caused by alcohol and beer into youth work.

3. The Vietnam Women's Union shall have the following responsibilities:

"a) To implement the responsibilities prescribed in Clause 1 of this Article;"

b) Cooperate with relevant agencies and organizations to protect and support women and children affected by the harm caused by alcohol and beer;

c) Integrate activities to prevent and combat the harm caused by alcohol and beer into union work.

4. Social and occupational organizations, within the scope of their functions and tasks, shall participate in education, propaganda, and mobilization to implement policies and laws on preventing and combating the harm caused by alcohol and beer; participate in providing opinions on law-making on preventing and combating the harm caused by alcohol and beer; provide information on preventing and combating the harm caused by alcohol and beer in accordance with the provisions of the law.

Article 32. Responsibilities of Businesses Engaging in the Sale of Alcohol and Beer

1. Adhere to legal provisions regarding business conditions for alcohol and beer; advertising, promotions, sponsorships, food safety, quality, technical standards, and product labeling for alcohol and beer. Information about alcohol and beer products must be accurate and scientific.

2. Provide complete and accurate information about the business activities of the establishment upon request from competent authorities.

3. Not to employ individuals under the age of 18 directly involved in the sale, advertising of alcohol and beer.

4. Recall and handle alcohol and beer that do not meet quality and food safety requirements produced or sold by their own establishment according to laws on food safety.

5. Businesses selling alcohol and beer must post notices refusing to sell alcohol and beer to individuals under the age of 18. In cases where there is doubt about the age of the buyer, the seller has the right to request proof of age from the buyer.

6. Businesses selling alcohol and beer for consumption on-site must remind customers and provide appropriate information about not operating vehicles after consuming alcohol and beer, and assist customers in hiring and using public transportation after drinking.

7. From the date this Law takes effect, new points of sale for alcohol and beer for on-site consumption within a radius of 100 meters from the premises of healthcare facilities, kindergartens, primary schools, secondary schools, and general education institutions shall not be established.

Article 33. Responsibilities of Heads of Agencies and Organizations in Preventing and Combating the Harms of Alcohol and Beer

1. The head of an agency or organization, within the scope of their duties and authority, is responsible for organizing the implementation of measures to prevent and combat the harms of alcohol and beer; strictly implementing the regulation prohibiting the consumption of alcohol and beer during working hours and at workplaces.

2. The head of residential quarters, neighborhoods, communities participating in activities to prevent and combat the harms of alcohol and beer as stipulated in Article 24 of this Law.

3. The head and manager of locations specified in Articles 10 and 19 of this Law have the following responsibilities:

a) To remind and require cessation of violations as stipulated in Articles 10 and 19 of this Law; refuse service if the violator continues to violate after being reminded and required;

b) To organize, guide, inspect, and urge everyone to comply with regulations prohibiting the consumption and sale of alcohol and beer at locations under their management and control.

Article 34. Responsibilities of Families in Preventing and Combating the Harms of Alcohol and Beer

1. Educate, supervise, and remind members under the age of 18 not to consume alcohol and beer, and encourage other family members to limit alcohol and beer consumption; support and help family members addicted to alcohol and beer to quit.

2. Guide family members in skills to refuse alcohol and beer; skills to recognize, respond, and handle situations involving intoxicated individuals, alcohol and beer addicts, and implement measures to prevent and combat the harms of alcohol and beer.

3. Participate with agencies, organizations, and the community in preventing and combating the harms of alcohol and beer.

Chapter VII

IMPLEMENTING PROVISIONS

Article 35. Amending and supplementing provisions of certain laws

1. Amend and supplement Clause 8 of Article 8 of the Road Traffic Law No. 23/2008/QH12, which has been amended and supplemented by some articles under Law No. 35/2018/QH14, as follows:

"8. Operating a vehicle on a road while having alcohol concentration in blood or breath."

2. Amend and supplement Clause 8 of Article 8 of the Inland Waterway Traffic Law No. 23/2004/QH11, which has been amended and supplemented by some articles under Law No. 48/2014/QH13, Law No. 97/2015/QH13, and Law No. 35/2018/QH14, as follows:

"8. Crew members or drivers working on a vessel while having alcohol concentration in blood or breath or other stimulants prohibited by law."

3. Replace some phrases at some articles of the Commercial Law No. 36/2005/QH11, which has been amended and supplemented by some articles under Law No. 05/2017/QH14, as follows:

a) Replace the phrase "alcohol content of 30 degrees or higher" with the phrase "alcohol or beer content of 15 degrees or higher" in Clause 4 of Article 100;

b) Replace the phrase "alcohol content of 30 degrees or higher" with the phrase "alcohol content of 15 degrees or higher" in Clause 4 of Article 109.

Article 36. Effective Date

1. This Law takes effect from January 1, 2020.

2. From the date this Law takes effect until January 1, 2022, the issuance of permits for the production of traditional alcohol as stipulated in Clause 2 of Article 15 of this Law and the registration for the production of traditional alcohol as stipulated in Clause 3 of Article 15 of this Law shall be exempt from fees.

This Law was passed by the National Assembly of the Socialist Republic of Vietnam, the 14th term, seventh session, on June 14, 2019.