How Are Individuals Under 18 Penalized for Drinking Alcohol? Are Sellers Penalized for Selling Alcohol to Individuals Under 18?
According to the 2024 regulations, at what age can you drink alcohol?
According to Article 2 of the Law on Prevention and Control of Harms of Alcohol and Beer 2019, alcohol and beer are described as follows:
- Alcohol is a food alcoholic beverage, produced through the fermentation of one or a mixture of primary ingredients including cereal starch, plant sugars, flowers, tubers, fruits, or a beverage mixed with food alcohol.
- Beer is a food alcoholic beverage produced through the fermentation of a mixture of primary ingredients including malt, barley, beer yeast, hops, and water.
According to Article 5 of the Law on Prevention and Control of Harms of Alcohol and Beer 2019, the following behaviors are prohibited in preventing and controlling the harms of alcohol and beer:
- Inciting, provoking, luring, or forcing others to drink alcohol or beer.
- People under 18 years of age drinking alcohol or beer.
- Selling, supplying, or promoting alcohol or beer to people under 18 years of age.
- Employing underage laborers in the direct production or sale of alcohol or beer.
- Officials and public employees, workers in governmental agencies, officers, non-commissioned officers, professional soldiers, servicemen in the people’s armed forces, and students drinking alcohol or beer before or during working hours or study hours and during breaks.
- Operating vehicles with blood or breath alcohol concentration.
- Advertising alcohol with an alcohol content of 15 degrees or higher.
- Providing inaccurate or false information about the health effects of alcohol or beer.
- Promoting alcohol or beer with an alcohol content of 15 degrees or higher as part of commercial activities; using alcohol or beer with an alcohol content of 15 degrees or higher for promotion in any form.
- Using unauthorized processing ingredients, additives, and processing aids in food production; using substandard and untraceable ingredients, additives, and food processing aids in the production or mixing of alcohol or beer.
- Trading in alcohol without a license or unregistered; selling alcohol or beer through vending machines.
- Trading, storing, transporting counterfeit, smuggled, substandard, or untraceable alcohol or beer, importing smuggled alcohol or beer.
- Other acts related to alcohol or beer prohibited by law.
Thus, according to the above regulations, people under 18 years of age are not allowed to drink alcohol or beer. Additionally, the law also prohibits selling, supplying, or promoting alcohol or beer to people under 18 years of age.
Therefore, people aged 18 and above can drink alcohol and beer.
What penalties are there for people under 18 drinking alcohol and beer? Are there penalties for selling alcohol and beer to people under 18? (Image from the Internet)
What penalties are there for people under 18 drinking alcohol and beer?
According to Article 30 of Decree 117/2020/ND-CP, penalties for violations regarding drinking alcohol, beer, and locations not for drinking alcohol, beer are prescribed as follows:
- A warning or a fine of VND 200,000 to VND 500,000 for individuals aged 16 to under 18 drinking alcohol or beer.
- A fine of VND 500,000 to VND 1,000,000 for the following acts:
+ Drinking alcohol or beer at prohibited locations according to the law;
+ Inciting, provoking, or luring others to drink alcohol or beer.
- A fine of VND 1,000,000 to VND 3,000,000 for the following acts:
+ Drinking alcohol or beer before or during working hours or school hours and during breaks;
+ Forcing others to drink alcohol or beer.
Thus, according to the above regulations, people under 18 drinking alcohol or beer can be warned or fined VND 200,000 to VND 500,000 for individuals aged 16 to under 18 drinking alcohol or beer.
Simultaneously, depending on the act of drinking alcohol or beer at prohibited locations mentioned above, fines ranging from VND 500,000 to VND 3,000,000 can be imposed.
Are there penalties for selling alcohol and beer to people under 18?
Based on Article 31 of Decree 117/2020/ND-CP, penalties for violations related to selling or supplying alcohol and beer are prescribed as follows:
- A fine of VND 1,000,000 to VND 3,000,000 for the following acts:
+ Selling or supplying alcohol or beer to people under 18;
+ Not posting a notice stating no alcohol sale to people under 18 at visible locations in alcohol or beer selling establishments.
- A fine of VND 5,000,000 to VND 10,000,000 for the following acts:
+ Selling alcohol or beer at prohibited locations according to the law;
+ Establishing new points of sale for on-site consumption of alcohol or beer within 100 meters from the premises of medical facilities, kindergartens, or educational institutions.
- A fine of VND 10,000,000 to VND 20,000,000 for selling alcohol or beer through e-commerce not meeting legal requirements.
Thus, those who sell or supply alcohol and beer to people under 18 will face administrative penalties, with fines ranging from VND 1,000,000 to VND 3,000,000 for selling or supplying alcohol or beer to people under 18.
The above fines apply to individuals, while fines for organizations violating these regulations will be doubled.
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