Does advertising spirits with at least 15% ABV violate Vietnamese law?

Does advertising spirits with at least 15% ABV violate Vietnamese law?

Pursuant to Article 5 of the Law on Prevention of Harm of Alcohol and Beer 2019, there are prohibited acts in prevention and control of harm of alcohol and beer:

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.

Thus, the act of advertising spirits having at least 15% ABV is a violation of Vietnamese law. If that company wants you to run ads for 17 alcoholic spirits, you should decline.

Will be fined up to VND 70,000,000 when advertising spirits having at least 15% ABV in Vietnam?

According to Clause 1 and Clause 3, Article 33 of Decree 38/2021/ND-CP, there are violations of regulations on advertising of prohibited products, goods and services:

1. Imposing the fine ranging from 50,000,000 dong to 70,000,000 dong for one of the following violations:

a) Advertising cigarettes;

b) Advertising alcohol containing at least 15% alcohol by volume;

c) Advertising breast milk substitutes for children under 24 months of age; supplementary foods for infants under 06 months of age; artificial feeding bottles and pacifiers;

d) Advertising prescription drugs; over-the-counter drugs subject to a competent state authority’s warning of restricted use or use through oversight of physicians; drugs of which the periods of registration for marketing authorization are expired;

dd) Advertising other products, goods and services subject to advertising prohibitions.

3. Remedies:

Compelling the removal, demolition and deletion or erasure of advertisements or the recall of printed newspapers and magazines with advertisements with respect to the acts specified in clause 1 and 2 of this Article.

Clause 3 Article 5 of Decree 38/2021/ND-CP stipulates the fine:

3. If an organization commits the same violation, the amount of fine imposed on that organization shall be 02 times greater than that imposed on an individual.

Therefore, the offender shall be subject to a fine of from VND 50,000,000 to VND 70,000,000 for advertising alcohol with an alcoholic strength of 15 degrees or higher and forced to dismantle, dismantle, remove ads or revoke newspaper products or print magazines advertised in Vietnam.

Best Regards!