b) be carried out frequently; be suitable, accessible and effective for each subject, level of education, age and sex; appropriate to the tradition, culture, national identity, religion and customs; focus on students, adolescents, pregnant women, organizations and individuals producing spirits at home.

Article 7. Contents of alcohol education

1. State policies and law on prevention of harmful effects of alcoholic beverages; prohibited acts measures to manage the supply of alcoholic beverages; sanctions against violations, and encouragement to individuals and organizations to comply with regulations of law on prevention and control of harmful effects of alcoholic beverages.

2. Rights and obligations of individuals and responsibilities of organizations, families and communities for prevention and control of harmful effects of alcoholic beverages.

3. Harmful effects of alcoholic beverages; harmful effects of counterfeit and unqualified alcoholic beverages; levels of risk arising from consumption of alcoholic beverages.

4. Persons with diseases or health conditions and persons who should not consume alcoholic beverages; legal drinking age.

5. Drink refusal skills; skills in recognizing and handling drunks and alcoholics.

6. Encouraging the public to reduce consumption of alcoholic beverages and not to operate vehicles and machinery after consumption of alcoholic beverages.

7. Instructing households and individuals producing spirits at home to ensure food safety as prescribed by law.

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Article 8. Methods for alcohol education

1. In a direct manner; provision of counseling and guidance on law; provision and dissemination of documents.

2. Through mass media, megaphones, Internet, panels, posters and placards.

3. Organization of competitions.

4. Organization of communication campaigns.

5. Integration of information concerning prevention and control of harmful effects of alcoholic beverages into the teaching and learning at educational institutions of the national education system; into culture, arts and sports activities by organizations and communities and internal cultural and sports facilities.

Article 9. Responsibility for alcohol education

1. Every organization and individual shall carry out alcohol education as prescribed in Articles 6, 7 and 8 of this Law.

2. The Governments shall define responsibility for alcohol education and restriction on depiction of consumption of alcoholic beverages by actors and actresses in cinematography, on stage and on television.

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1. Health facilities.

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

3. Nursing care centers and recreational centers for minors.

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

5. Social protection centers.

6. Workplaces of regulatory authorities, political organizations, socio-political organizations, socio-political-professional organizations and public service providers during working hours, except for places where the trade in alcoholic beverages is allowed.

7. Public places prescribed by the Government.

Article 11. Management of sales promotion of alcoholic beverages having less than 15% ABV

Any organization or individual running sales promotions of alcoholic beverages having less than 15% ABV shall comply with regulations of this Law and other regulations of law on sales promotion.

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1. Any organization or individual advertising alcoholic beverages shall comply with regulations of this Law and other regulations of law on advertising.

2. An advertisement must not:

a) contain information and images aimed at encouraging alcoholic beverage consumption; say that alcoholic beverages may enable the maturity, success, friendliness and sex appeal; be directed towards children, students, adolescents and pregnant women;

b) use objects, images, symbols, music, movie characters and brands of products intended for children and students; employ minors or their images.

3. Alcoholic beverages are not allowed to be advertised:

a) in advertising events or through advertising facilities and products that are intended for minors, students, adolescents and pregnant women;

b) on vehicles;

c) on an audio newspaper or visual newspaper before, during and after a children’s program; from 18:00 to 21:00, except in the case the advertisement is available in live sports events that are broadcasted from a foreign country and other cases prescribed by the Government;

d) through outdoor advertising facilities that violate regulations on sizes and placement distance from educational institutions, nursing care centers and recreational centers intended for minors.

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5. Regarding the advertisements shown on online newspapers, websites, electronic equipment, terminal devices and other telecommunications equipment, it is required to run a filtering system or access control software to prevent minors from accessing and searching for information about alcoholic beverages.

6. The Government shall elaborate Point d Clause 3, Clauses 4 and 5 of this Article.

Article 13. Management of advertising of spirits having from 5.5 to less than 15% ABV and beers having at least 5.5% ABV

Any organization or individual advertising spirits having from 5.5% to less than 15% ABV and beers having at least 5.5% ABV shall comply with regulations laid down in Article 12 of this Law and shall not:

1. include advertisements in art performance and/or sports programs;

2. place advertisements on outdoor advertising facilities, except for signboards of alcoholic beverage traders.

Article 14. Management of sponsorship by alcoholic beverage traders

Every alcoholic beverage trader that provides sponsorship shall comply with regulations on sponsorship and shall not provide alcoholic beverages as part of the sponsorship.

Chapter III

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Article 15. Management of trade in beverage traders

1. Conditions for issuance of the license for mass production of spirits having at least 5.5% ABV:

a) The enterprise is established as prescribed by law;

b) Production line, machinery, equipment and sprit production process appropriate to the estimated scale of production are available.

c) Food safety and environmental protection requirements are satisfied;

d) Technicians whose qualifications are suitable for spirit production are available.

2. Conditions for issuance of the license for home production of spirits having at least 5.5% ABV for business purposes, except in the case specified in Clause 3 of this Article:

a) The enterprise, cooperative, inter-cooperative or business household is established as prescribed by law;

b) Food safety and environmental protection requirements are satisfied.

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a) The household/individual has concluded a sales contract with the holder of the spirit production license and registered with the People’s Committee of the commune where the production facility is located;

b) Food safety and environmental protection requirements are satisfied.

4. Conditions for issuance of the license for purchase and sale of spirits having at least 5.5% ABV:

a) Business is registered as prescribed by law;

b) Conditions applied to each type of business are satisfied.

5. The Government shall elaborate this Article and prescribe the management of trade in spirits having less than 5.5% ABV.

Article 16. Conditions for sale of alcoholic beverages using e-commerce

1. Comply with regulations laid down in Clauses 4 and 5 of Article 15, and Article 18 of this Law.

2. Satisfy the conditions prescribed in the law on e-commerce.

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4. Apply non-cash payment method.

Article 17. Measures to manage home production of spirits for non-business purposes

1. Any household or individual that produces spirits at home for non-business purposes shall send the People’s Committee of the commune a declaration of amounts of spirits produced and amount of consumption and a commitment to ensure food safety and not to sell spirits commercially, which is made using the form promulgated by the Minister of Industry and Trade. Declaration fees and charges are not required.

2. People's Committees at all levels shall provide guidance on implementing regulations of the law on food safety; submit reports on production of spirits and assurance of food safety for home production of spirits for non-business purposes within their areas.

Article 18. Assurance of quality and food safety of alcoholic beverages

Alcoholic beverages permitted for sale in Vietnam shall conform to standards and technical regulations and requirements for product quality and food safety in accordance with regulations of law.

Article 19. Places where the sale of alcoholic beverages is not allowed

1. Health facilities.

2. Educational institutions.

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4. Rehabilitation centers, compulsory educational institutions, reform schools, prisons and other retention facilities.

5. Social protection centers.

6. Workplaces of regulatory authorities, political organizations, socio-political organizations, socio-political-professional organizations and public service providers, except for places where the trade in alcoholic beverages is allowed.

Article 20. Prevention and handling of counterfeit and unqualified alcoholic beverages; alcoholic beverages illegally imported and of unknown origins

1. Counterfeit and unqualified alcoholic beverages and alcoholic beverages illegally imported and of unknown origins shall be confiscated and handled as prescribed by law.

2. Organizations and individuals shall cooperate with competent authorities in prevention and control of counterfeit and unqualified alcoholic beverages and alcoholic beverages illegally imported and of unknown origins.

3. The Ministry of Industry and Trade and Ministry of Health shall, within their jurisdiction, provide guidance on addition of indicators to alcoholic products not permitted for use in food for the purposes of distinguishing them from food-grade alcohol and preventing the preparation of spirits from alcoholic products not permitted for use in food.

Chapter IV

MEASURES TO REDUCE HARMFUL EFFECTS OF ALCOHOLIC BEVERAGES

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1. Vehicle operators must not consume alcoholic beverages before and while driving.

2. Heads of transport companies and vehicle owners shall proactively take precautions, detect and prevent vehicle operators from consuming alcoholic beverages before and while driving.

3. Competent persons and authorities shall determine alcohol content in blood and breath of operators of vehicles on public roads or vehicle operators that cause traffic accidents.

4. The Ministry of Transport shall develop contents and organize the provision of training in prevention and control of harmful effects of alcoholic beverages and include them in training programs intended for issuance of diplomas, certificates and licenses for vehicle operation under its management.

Article 22. Prevention, intervention to reduce and reduction of harmful effects of alcoholic beverages on health

1. Measures to prevent, intervene in reducing and reduce harmful effects of alcoholic beverages on health include:

a) Provision of counseling to prevent and control harmful effects of alcoholic beverages to contact patients at health facilities;

b) Screening and early detection of risk factors affecting health of alcoholic beverage consumers; persons suffering from diseases or dysfunction associated with the consumption of alcoholic beverages; alcoholics;

c) Interventions to reduce harmful effects on persons whose health is affected by risk factors and on pregnant women who suffer from fetal alcohol syndrome or are at risk of fetal alcohol poisoning; prevention and control of alcohol addiction and relapse;

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2. Health facilities shall take measures mentioned in Clause 1 of this Article under the professional and technical guidance of the Ministry of Health.

Article 23. Provision of counseling to prevent and control harmful effects of alcoholic beverages

1. The counseling to prevent and control harmful effects of alcoholic beverages shall include:

a) Information, knowledge and law on prevention and control of harmful effects of alcoholic beverages;

b) Measures to reduce harmful effects of alcoholic beverages; drink refusal skills; skills in recognizing and handling drunks and alcoholics.

2. The counseling to prevent and control harmful effects of alcoholic beverages shall be provided to:

a) Persons frequently consuming alcoholic beverages;

b) Alcoholics;

c) Members of families that have persons frequently consuming alcoholic beverages and alcoholics;

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dd) Persons affected by harmful effects of alcoholic beverages.

3. Every People’s Committee of commune shall take charge and cooperate with the Vietnamese Fatherland Front Committee at the same level and its affiliates in providing guidance on and facilitating the provision of counseling to prevent and control harmful effects of alcoholic beverages within the commune.

4. The State shall enable and encourage organizations and individuals to provide counseling to prevent and control harmful effects of alcoholic beverages to the public.

5. Organizations and individuals shall provide counseling as prescribed Clauses 1 and 2 of this Article within their jurisdiction.

Article 24. Precautions against harmful effects of alcoholic beverages within communities

1. Encourage families and members of organizations and communities to disseminate and comply with regulations of law on prevention and control of harmful effects of alcoholic beverages.

2. Integrate the prevention and control of harmful effects of alcoholic beverages into cultural, arts and sports movements and activities, adoption of cultural lifestyle and other activities within communities.

3. Encourage the inclusion of regulations on reduced consumption or non-consumption of alcoholic beverages at weddings, funerals and festivals in populated areas in village conventions.

4. Encourage individuals and organizations not to use alcoholic beverages that have unknown origins and not undergone food safety inspection.

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Article 25. Provision of care, assistance and protection to children, women and other susceptible persons with a view to prevention and reduction of harmful effects of alcoholic beverages

1. Measures to provide care, assistance and protection to children, women and other susceptible persons with a view to prevention and reduction of harmful effects of alcoholic beverages include:

a) Provision of counseling to women of childbearing age, pregnant women and lactating women on harmful effects of alcoholic beverages on fetus and babies; to persons affected by harmful effects of alcoholic beverages upon their use of services at health facilities, social assistance centers and domestic violence survivor centers;

b) Interventions, provision of assistance and application of separation measures and safety assurance measures according to regulations of the law on prevention and control of domestic violence to protect children, women and other susceptible persons from harmful effects of alcoholic beverages;

c) Preventive measures prescribed by law.

2. Measures specified in Clause 1 of this Article shall be included in programs, plans and activities associated with children, women and other disadvantaged persons.

3. Organizations, families and individuals shall take measures prescribed Clauses 1 and 2 of this Article within their jurisdiction.

Chapter V

CONDITIONS FOR FACILITATING PREVENTION AND CONTROL OF HARMFUL EFFECTS OF ALCOHOLIC BEVERAGES

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1. Funding for prevention and control of harmful effects of alcoholic beverages includes:

a) State budget;

b) Other legal funding.

2. Funding for prevention and control of harmful effects of alcoholic beverages shall be provided, managed and used for right purposes, in an effective manner and in accordance with regulations of law.

3. The Government shall define expenditures on prevention and control of harmful effects of alcoholic beverages covered by the state budget.

Article 27. Provision of professional training to persons in charge of prevention and control of harmful effects of alcoholic beverages

1. Persons in charge of prevention and control of harmful effects of alcoholic beverages shall be provided with professional training appropriate to their responsibilities.

2. Local health workers and collaborators preventing and controlling harmful effects of alcoholic beverages shall be enabled to engage in activities aimed at improving their professional competence and knowledge related to prevention and control of harmful effects of alcoholic beverages.

Article 28. Imposition of penalties for violations against the law on prevention and control of harmful effects of alcoholic beverages

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2. Any competent authorities or persons are entitled to use technical and professional equipment and instruments to promptly determine and take actions against violations of the law on prevention and control of harmful effects of alcoholic beverages.

3. The Government shall elaborate imposition of administrative penalties for violations against regulations on prevention and control of harmful effects of alcoholic beverages.

Chapter VI

STATE MANAGEMENT AND RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS FOR PREVENTION AND CONTROL OF HARMFUL EFFECTS OF ALCOHOLIC BEVERAGES

Article 29. State management of prevention and control of harmful effects of alcoholic beverages

1. Promulgate, propose the promulgation and organize the implementation of policies, law and plans on prevention and control of harmful effects of alcoholic beverages.

2. Disseminate information about prevention and control of harmful effects of alcoholic beverages.

3. Provide professional training in prevention and control of harmful effects of alcoholic beverages.

4. Carry out reviews and submit reports on prevention and control harmful effects of alcoholic beverages on a periodic basis.

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6. Carry out scientific research and international cooperation in prevention and control of harmful effects of alcoholic beverages.

Article 30. Responsibility for state management of prevention and control of harmful effects of alcoholic beverages

1. The Government shall uniform state management of prevention and control of harmful effects of alcoholic beverages.

2. The Ministry of Health shall act as an agency in charge to assist the Government in uniforming state management of prevention and control of harmful effects of alcoholic beverages.

3. Other Ministries and ministerial agencies shall, within their jurisdiction, perform state management of prevention and control of harmful effects of alcoholic beverages.

4. People’s Committees at all levels shall, within their jurisdiction, perform state management of prevention and control of harmful effects of alcoholic beverages.

Article 31. Responsibilities of Vietnamese Fatherland Front and its affiliates, socio-professional organizations, social organizations

1. Vietnamese Fatherland Front and its affiliates shall, within their jurisdiction, disseminate and encourage the people and members to comply with polices and law on prevention and control of harmful effects of alcoholic beverages; include the prevention and control of harmful effects of alcoholic beverages in their regulations; make their comments about the law on prevention and control of harmful effects of alcoholic beverages, participate in supervision and social criticism related to prevention and control of harmful effects of alcoholic beverages in accordance with regulations of law.

2. The Ho Chi Minh Communist Youth Union shall:

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b) educate children, students and adolescents against consumption of alcoholic beverages;

c) cooperate with relevant organizations in protecting and assisting children, students and adolescents affected by harmful effects of alcoholic beverages;

d) integrate the prevention and control of harmful effects of alcoholic beverages into its union affairs.

3. The Vietnam Women's Union shall:

a) assume the responsibilities mentioned in Clause 1 of this Article;

b) cooperate with relevant organizations in protecting and assisting women and children affected by harmful effects of alcoholic beverages;

c) integrate the prevention and control of harmful effects of alcoholic beverages into its union affairs.

4. Socio-professional organizations and social organizations shall, within their jurisdiction, disseminate and encourage the compliance with policies and law on prevention and control of harmful effects of alcoholic beverages; make their comments about the law on prevention and control of harmful effects of alcoholic beverages; provide information about the prevention and control of harmful effects of alcoholic beverages in accordance with regulations of law.

Article 32. Responsibilities of alcoholic beverage traders

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2. Information about its trade shall be provided at the request of competent authorities in a sufficient and accurate manner.

3. Employees under 18 years of age shall not be employed to directly engage in trading in and advertising alcoholic beverages.

4. Unqualified alcoholic beverages they produce, purchase and sell shall be recalled and handled in accordance with regulations of law on food safety.

5. Any establishment that sells alcoholic beverages shall post a notice stating that persons under 18 years of age cannot buy alcoholic beverages. If the age of a buyer cannot be ascertained, the seller has the right to ask for his/her proof of identity.

6. Every on-premise establishment shall remind customers not to drive after consumption and shall assist them in hiring vehicles or using public transport after consumption.

7. From the effective date of this Law, it is not allowed to open new on-premise establishments within 100 m from health facilities, nurseries, infant schools, kindergartens and general education schools.

Article 33. Responsibilities of heads of organizations for prevention and control of harmful effects of alcoholic beverages

1. Heads of organizations shall, within their jurisdiction, organize the implementation of measures to prevent and control harmful effects of alcoholic beverages; organize the implementation of the regulation on prohibition on consumption of alcoholic beverages during working hours and at workplaces.

2. Representatives of neighborhoods and heads of organizations within communities shall participate in take the precautions specified in Article 24 of this Law.

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a) warn or request persons who violate Articles 10 and 19 of this Law to stop their action; refuse to provide services if the violators keep violating after being warned or requested;

b) organize, provide guidance, inspect and supervise the implementation of the regulation on prohibition on consumption and sale of alcoholic beverages at places under their management.

Article 34. Responsibilities of families for prevention and control of harmful effects of alcoholic beverages

1. Educate, supervise and remind members under 18 years of age not to consume alcoholic beverages and other members to reduce consumption of alcoholic beverages; encourage and assist alcoholics to undergo detoxification.

2. Instruct members in drink refusal skills; skills in recognizing and handling drunks and alcoholics and taking measures to reduce and control harmful effects of alcoholic beverages.

3. Cooperate with organizations and communities in prevention and control of harmful effects of alcoholic beverages.

Chapter VII

IMPLEMENTATION CLAUSE

Article 35. Amendments to other laws

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“8. Operate vehicles under the influence of alcohol”.

2. Clause 8 Article 8 of the Law on Inland Waterway Transport No. 23/2004/QH11 amended by the Law No. 48/2014/QH13, No. 97/2015/QH13 and Law No. 35/2018/QH14 is amended as follows:

“8. Seafarers and vehicle operators who are working the vehicles while having alcohol content in their blood or breath or using other banned stimulants.”

3. Some phrases mentioned in the Law on Commerce No. 36/2005/QH11 amended by the Law No. 05/2017/QH14 are replaced as follows:

a) the phrase “rượu có độ cồn từ 30 độ trở lên” (“spirits having at least 30% ABV”) in Clause 4 of Article 100 is replaced with “rượu, bia có độ cồn từ 15 độ trở lên” (“alcoholic beverages having at least 15% ABV”);

b) the phrase “rượu có độ cồn từ 30 độ trở lên” (“spirits having at least 30% ABV”) in Clause 4 of Article 109 is replaced with “rượu, bia có độ cồn từ 15 độ trở lên” (“alcoholic beverages having at least 15% ABV”);

Article 36. Effect

1. This Law comes into force from January 01, 2020.

2. From the effective date of this Law to January 01, 2022, fees and charges for licensing home production of spirits as prescribed in Clause 2 Article 15 of this Law and registering home production of spirits as prescribed in Clause 3 Article 15 of this Law are not required.

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PRESIDENT OF THE NATIONAL ASSEMBLY




Nguyen Thi Kim Ngan