Vietnam: From November 15, a maximum fine of 3 million VND may be imposed for forcing others to use alcohol products

Vietnam: From November 15, a maximum fine of 3 million VND may be imposed for forcing others to use alcohol products

Accordingly, Decree 117/2020/ND-CP (which will take effect on November 15, 2020) will replace Decree 176/2013/ND-CP (which will expire on November 15, 2020) and has supplemented many penalties for violations regarding Using alcohol products and locations where alcohol consumption is prohibited compared to previous regulations. Specifically, Article 30 of Decree 117/2020/ND-CP stipulates penalties for violations involving Using alcohol products and locations where alcohol consumption is prohibited as follows:

• Warning or fine ranging from 200,000 VND to 500,000 VND for individuals aged 16 to under 18 consuming alcohol.

• Fine ranging from 500,000 VND to 1,000,000 VND for any of the following acts:

  • Using alcohol products in locations where it is prohibited by law (such as healthcare facilities, and educational institutions during working hours, study periods and breaks).

  • Inciting, encouraging, or pulling others to use alcohol products.

• Fine ranging from 1,000,000 VND to 3,000,000 VND for any of the following acts:

  • Using alcohol products right before, during working hours, study periods, and breaks.
  • Forcing others to use alcohol products.

Additionally, Article 5 of Law on Prevention and Control of Harmful Effects of Alcoholic Beverages also stipulates prohibitions against inciting, encouraging, pulling, or forcing others to use alcohol products; individuals under 18 Using alcohol products; and selling, providing, or promoting alcohol to individuals under 18.

Thus, from November 15th (the effective date of Decree 117/2020/ND-CP), if anyone forces others to use alcohol products, they will be fined up to 3 million VND. Furthermore, a fine ranging from 500,000 VND to 3 million VND will also be imposed for acts such as inciting, encouraging, or pulling others to use alcohol products; Using alcohol products at prohibited locations; and Using alcohol products during working hours, study periods, and breaks. However, the fines mentioned above only apply to individuals violating the regulations. If an organization commits such violations, the fine imposed will be double the individual amount.

Therefore, it can be seen that Decree 117/2020/ND-CP has adopted fines for actions that were not previously regulated. In the past, inciting, encouraging, or pulling others to use alcohol products and forcing others to use alcohol products commonly occurred at parties and drinking sessions. However, the law did not stipulate any penalties for these actions. Thus, the new regulations aim to end such behaviors and build a civilized society that prevents all alcoholic harms.

In addition to penalties for the aforementioned actions, Decree 117/2020/ND-CP also stipulates fines ranging from 5 million VND to 10 million VND for selling alcohol in locations where selling alcohol is prohibited by law; opening new retail points for on-site alcohol consumption within 100 meters from the premises of healthcare facilities, nursery schools, kindergartens, and general educational institutions. Additionally, advertisements promoting alcoholic beverages with an alcohol content of 5.5% to below 15% and beer with an alcohol content of 5.5% or above in cultural programs, theatrical performances, films, sports events, or outdoor advertising media will be fined up to 40 million VND (Note: The fines mentioned apply to individuals, while organizations violating these regulations will be fined double the individual amount).

Ty Na

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