Is it Legal for Individuals Under 18 Years Old to Go to Bars?
Is it legal for minors under 18 to go to bars? What are the penalties for providing bar services to individuals under 18?
Dear Editorial Board,
I have a question that needs to be clarified. Recently, on July 25, it was my friend’s 16th birthday. Initially, we were having fun at restaurant M, and everything was normal. Afterwards, around 9:30 PM, my friend invited us to a nearby bar to dance. I didn’t like the environment, so I refused and went home. However, considering our age of 16, I wonder if going to bars is compliant with legal regulations?I look forward to your response on this issue, thank you!1. Is it legal for individuals under 18 years old to go to bars?
Article 8, Decree 54/2019/ND-CP stipulates the responsibilities of enterprises and business households when providing discotheque services as follows:
In addition to the responsibilities stipulated in Article 6 of this Decree, enterprises or business households have the following responsibilities:
- Not to operate from 2 AM to 8 AM.
2. Not to provide discotheque services to individuals under 18 years old.
- In case of having artistic performance programs, the implementation must be according to the legal provisions on performing arts.
Therefore, it is against legal regulations for individuals under 18 years old to go to bars. Your friend, who is only 16 years old and has gone to a bar, not only violates the law but also causes the bar that they attended to violate the law.
2. What is the fine for providing bar services to individuals under 18 years old?
According to Clause 5, Article 15 of Decree 38/2021/ND-CP, violations of regulations on providing karaoke or discotheque services are as follows:
- A fine of VND 10,000,000 to VND 15,000,000 for one of the following acts:
a) Providing discotheque services to individuals under 18 years old;
b) Providing karaoke services beyond the time frame from 8 AM to 12 PM daily;
c) Repairing, erasing, or adding information that changes the content of licenses for business conditions of karaoke or discotheque services.
Based on Clauses 2 and 3 of Article 5, Decree 38/2021/ND-CP stipulates the level of fines:
- The fine levels stipulated in Chapters II and III of this Decree are applicable to individuals, except for the cases stipulated at Clause 1, Point c of Clause 4, Point a of Clause 5, and Clause 6 of Article 6; Points c, d, e, and g of Clause 4 of Article 8; Clauses 1, 2, and 3 of Article 9; Article 10; Point a of Clause 2, Clauses 3, 5, and 6, Points a, b, c, and d of Clause 7 of Article 14; Clauses 1, 2, 3, 4, and Point b of Clause 5 of Article 21; Clauses 1, 2, 3, 4, and Point b of Clause 5 of Article 23; Clause 1 of Article 24; Articles 30, 38, 39, and 40 of this Decree are the fine levels applicable to organizations.
3. For the same administrative violation, the fine level for organizations is twice the fine level for individuals.
Therefore, when bars provide services to individuals under 18 years old, the bar owner will be fined from VND 10,000,000 to VND 15,000,000.
Sincerely!
