What are the fines for forcing others to consume alcoholic beverages during Tet holiday in Vietnam?

What are the fines for forcing others to consume alcoholic beverages during Tet holiday in Vietnam?

Pursuant to Article 30 of the Decree 117/2020/NĐ-CP stipulating the fines for forcing others to consume alcoholic beverages during Tet holiday in Vietnam 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.

Pursuant to Clause 5 Article 4 of the Decree 117/2020/NĐ-CP stipulating as follows:

1. The maximum fine imposed for a violation against regulations on population is VND 30.000.000 if committed by an individual or VND 60.000.000 if committed by an organization.

2. The maximum fine imposed for a violation against regulations on preventive medicine and HIV/AIDS prevention and control is VND 50.000.000 if committed by an individual or VND 100.000.000 if committed by an organization.

3. The maximum fine imposed for a violation against regulations on health insurance is VND 75.000.000 if committed by an individual or VND 150.000.000 if committed by an organization.

4. The maximum fine imposed for a violation against regulations on medical examination and treatment, pharmacy, cosmetics or medical devices is VND 100.000.000 if committed by an individual or VND 200.000.000 if committed by an organization.

5. The fines prescribed in Chapter II hereof are imposed on violating individuals. The fine imposed on an organization is twice as much as that imposed on an individual for the same administrative violation.

6. Fines imposed by the competent officials prescribed in Chapter VIII hereof are incurred by violating individuals; a competent official who has the power to impose fines shall have the right to impose a fine twice as much as that imposed upon an individual upon a violating organization for the same administrative violation.

In Vietnam: Do people forcing others to consume alcoholic beverages have to pay compsensation for property damage caused by forced people?

Pursuant to Article 596 of the Civil Code in 2015 stipulating compensation for damage caused by persons using stimulants 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.

Pursuant to Article 589 of the Civil Code in 2015 stipulating damage caused by infringement of property as follows:

Damage caused by infringement of property

In the event of an infringement of property, the compensable damage shall comprise:

1. Property which was lost, destroyed or damaged;

2. Interests associated with the use and exploitation of the property was lost or declined;

3. Reasonable costs for the prevention, mitigation and remedy of the damage;

4. Other damage as prescribed by law.

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

The compensable damage shall comprise:

- Property which was lost, destroyed or damaged;

- Interests associated with the use and exploitation of the property was lost or declined;

- Reasonable costs for the prevention, mitigation and remedy of the damage;

- Other damage as prescribed by law.

What are prohibited acts regarding prevention and control of harmful effects of alcoholic beverages in Vietnam?

Pursuant to Article 5 of the Law on Prevention and Control of Harmful Effects of Alcoholic Beverages in 2019 stipulating prohibited acts regarding prevention and control of harmful effects of alcoholic beverages in Vietnam as follows:

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.

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