Vietnam: If the person who is forced to drink alcohol causes damage, will the person who forces her/him to drink alcohol be held responsible?

Main Content

• What are the State policies on organizations and individuals that achieve accomplishments in prevention and control of harmful effects of alcoholic beverages during the Tet holiday and year-end parties?
• Is it illegal to force others to drink alcohol during the Tet holiday and year-end parties?
• If the person who is forced to drink alcohol causes damage, will the person who forces her/him to drink alcohol be held responsible?
• What is the penalty for forcing others to drink alcohol during the Tet holiday and year-end parties?

What are the State policies on organizations and individuals that achieve accomplishments in prevention and control of harmful effects of alcoholic beverages during the Tet holiday and year-end parties?

Pursuant to Article 3 of the 2019 Law on Prevention and Control of Harmful Effects of Alcoholic Beverages of Vietnam as follows:

State policies on prevention and control of harmful effects of alcoholic beverages in Vietnam

1. Implement measures to prevent and control harmful effects of alcoholic beverages in a uniform manner.

2. Give priority to the dissemination of information and education; reduce the availability of and easy access to alcoholic beverages; strengthen management of home production of spirits; implement measures to prevent and control harmful effects of alcoholic beverages on children, students, adolescents and pregnant women.

3. Provide resources for prevention and control of harmful effects of alcoholic beverages; focus on prevention and control of harmful effects of alcoholic beverages within internal local health centers and communities; encourage private sector involvement in prevention and control of harmful effects of alcoholic beverages.

4. Encourage scientific research, technology development and application of high, advanced and new technologies with a view to reducing harmful effects of alcoholic beverages.

5. Reward organizations and individuals that achieve accomplishments in prevention and control of harmful effects of alcoholic beverages.

According to the above regulations, organizations and individuals that achieve accomplishments in prevention and control of harmful effects of alcoholic beverages in Vietnam will be rewarded by the State.

Vietnam: If the person who is forced to drink alcohol causes damage, will the person who forces her/him to drink alcohol be held responsible?

Is it illegal to force others to drink alcohol during the Tet holiday and year-end parties?

Pursuant to Article 5 of the 2019 Law on Prevention and Control of Harmful Effects of Alcoholic Beverages of Vietnam stipulating as follows:

Prohibited acts

1. Inciting, persuading and forcing another to consume alcoholic beverages.

2. Consumption of alcoholic beverages by persons under 18 years of age (hereinafter referred to as “minors”).

3. Selling, supplying and offering discounts on alcoholic beverages to minors.

4. Employing minors to directly engage in production, purchase and sale of alcoholic beverages.

5. Consumption of alcoholic beverages during working and learning hours and break time by officials, public employees and employees working for organizations, officers, enlistees, non-commissioned officers, soldiers and persons working for People's Armed Force, and students.

6. Operating vehicles under the influence of alcohol.

7. Advertising spirits having at least 15% ABV.

8. Providing inaccurate and misleading information about effects of alcoholic beverages on health.

9. Running sales promotions of alcoholic beverages having at least 15% ABV; using alcoholic beverages having at least 15% ABV to run sales promotions in any shape or form.

10. Using raw materials, additives and food processing aids not permitted for use in food; raw materials, additives and food processing aids that are unqualified and of unknown origins for production and preparation of alcoholic beverages.

11. Trading in spirits without any license or registration; selling alcoholic beverages using vending machines.

12. Trading in, possessing and transporting alcoholic beverages that are counterfeit, illegally imported, unqualified and of unknown origin, illegally importing alcoholic beverages.

13. Other prohibited acts related to alcoholic beverages as prescribed by law.

According to the above regulations, forcing others to drink alcohol is one of the prohibited acts in preventing harmful effects of alcohol.

Thus, the act of forcing others to drink alcohol is a violation of the law.

If the person who is forced to drink alcohol causes damage, will the person who forces her/him to drink alcohol be held responsible?

Pursuant to Article 596 of the 2015 Civil Code of Vietnam stipulating as follows:

Compensation for damage caused by persons using stimulants

1. A person who, due to the consumption of alcohol or the use of other stimulants, becomes incapable of being aware of or controlling his or her acts, thereby causing damage to another person, must compensate such person.

2. A person who intentionally causes another person to take alcohol or stimulants, thereby causing such person to become incapable of being aware of or controlling his or her acts, must compensate any person aggrieved thereby.

According to the above regulations, a person who intentionally causes another person to take alcohol or stimulants, thereby causing such person to become incapable of being aware of or controlling his or her acts, must compensate any person aggrieved thereby.

Thus, the person who forces others to drink alcohol is responsible for compensating the damage sufferer if the person forced to drink alcohol causes damage.

What is the penalty for forcing others to drink alcohol during the Tet holiday and year-end parties?

Pursuant to Article 30 of Decree 117/2020/ND-CP of Vietnam stipulating as follows:

Violations against regulations on consumption of alcoholic beverages and places where alcoholic beverage consumption is not allowed

1. A warning or a fine ranging from VND 200.000 to VND 500.000 shall be imposed upon a person aged from 16 to under 18 for consumption of alcoholic beverages.

2. A fine ranging from VND 500.000 to VND 1.000.000 shall be imposed for commission of one of the following violations:

a) Consuming alcoholic beverages at places where the alcoholic beverage consumption is not allowed;

b) Inciting or persuading others to consume alcoholic beverages.

3. A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed for commission of one of the following violations:

a) Consuming alcoholic beverages before or during working or learning hours or break times;

b) Forcing others to consume alcoholic beverages.

According to the above regulations, the highest penalty for forcing others to drink alcohol during the Tet holiday and year-end parties can be up to VND 3 million.

Note: the fines specified above are fines for individuals. For the same act of administrative violation, the fine level for organizations is equal to 02 times the fine level for individuals.