Is it possible to open alcoholic beverages establishments next to schools in Vietnam?
I am currently planning to run a alcoholic beverages business. However, my place of business is next to the school. Is it currently prohibited by law to open alcoholic beverages establishments near schools?
Is it possible to open alcoholic beverages establishments next to schools in Vietnam?
Pursuant to Clause 7, Article 32 of the Law on Prevention and Control of Harmful Effects of Alcoholic Beverages, stipulates responsibilities of alcoholic beverage traders as follows:
1. Regulations on conditions for trade in alcoholic beverages, and on alcoholic beverage advertising, sales promotion, sponsorship, food safety, quality, standards, technical regulations and labeling shall be complied with. Information about alcoholic beverages must be accurate and appropriate.
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.
Pursuant to Clause 2, Article 31 of Decree 117/2020/ND-CP, there are regulations on violations against regulations on sale and supply of alcoholic beverages as follows:
2. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for commission of one of the following violations:
a) Selling alcoholic beverages at places where the sale of alcoholic beverage is not allowed;
b) Establishing a new on-premise establishment within a radius of 100 m from the outer boundary of a health facility, kindergarten, nursery school, pre-school or general education school.
Thus, according to the current regulations in Vietnam, you are not allowed to open a pub within a radius of 100 m from the outer boundary of a health facility, kindergarten, nursery school, pre-school or general education school. If you still intentionally do it, you may be administratively sanctioned with a fine ranging from VND 5,000,000 to VND 10,000,000.
Best Regards!
