Is it possible to use persons aged under 18 to directly engage in advertising of alcoholic beverages in Vietnam?

Is it possible to use persons aged under 18 to directly engage in advertising of alcoholic beverages in Vietnam?

In Article 5 of the Law on Prevention and Control of Harmful Effects of Alcoholic Beverages 2019 stipulates that prohibited acts in the prevention and control of Harmful Effects of Alcoholic Beverages are 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.

Thus, it is illegal to use persons aged under 18 to directly engage in advertising of alcoholic beverages in Vietnam. Your company can't invite 16-year-old actor M to promote the latest wine.

How much is fine for employing persons aged under 18 to directly engage in advertising of alcoholic beverages in Vietnam?

According to Article 33 of Decree 117/2020/ND-CP, violations against regulations on advertising of alcoholic beverages are as follows:

1. A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed for employing persons aged under 18 to directly engage in advertising of alcoholic beverages.

2. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for one of the following acts of advertising spirits having less than 15% ABV and beer products:

a) An advertisement contains information/images aimed at encouraging alcoholic beverage consumption, saying that alcoholic beverages may enable the maturity, success, friendliness and sex appeal, or being directed towards children, students, adolescents and pregnant women;

b) An advertisement uses objects, images, symbols, music, movie characters and brands of products intended for children, pupils and students, or uses images of persons aged under 18;

c) Alcoholic beverages are advertised in advertising events or through advertising facilities/products that are intended for persons aged under 18, pupils, students, adolescents and pregnant women;

d) Alcoholic beverages are advertised on vehicles;

dd) Alcoholic beverages are advertised on audio or visual newspapers before, during or after a children's program, or from 18:00 PM to 21:00 PM daily, unless permitted by law;

e) Alcoholic beverages are advertised through outdoor advertising facilities that violate regulations on sizes and placement distance from educational institutions, nursing care centers and recreational centers intended for persons aged under 18;

g) An advertisement does not contain warnings against harmful effects of alcoholic beverages as prescribed by law;

h) Failing to run a filtering system or access control software to prevent persons aged under 18 from accessing and searching for information about alcoholic beverages when running advertisements on online newspapers, websites, electronic equipment, terminal devices and other telecommunications equipment.

3. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed for one of the following acts of advertising spirits having from 5.5 to less than 15% ABV and beer products having at least 5.5% ABV:

a) Advertisements are displayed in art performance or sports programs;

b) Advertisements are placed on outdoor advertising facilities, except for signboards of alcoholic beverage traders.

4. Additional penalty:

The advertising of alcoholic beverages shall be suspended for a fixed period of 01- 03 months in case of commission of the violation in Point h Clause 2 of this Article.

5. Remedial measure:

Advertisements shall be taken back and have their violating elements removed in case of commission of one of the violations in Clauses 1, 2 and 3 of this Article.

Pursuant to Clause 5, Article 4 of Decree 117/2020/ND-CP stipulating fine levels:

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.

Therefore, if your company allows actor M to advertise the latest wine in Vietnam, it will be fined from VND 30,000,000 to VND 40,000,000. In addition, your company is forced to recall and remove alcohol ads with images of actor M.

Best Regards!