Vietnam: Newest penalties for violations related to consumption of alcoholic beverages

Vietnam: Newest penalties for violations related to consumption of alcoholic beverages (Latest Updates)

Recently, Hanoi issued Decree 117/2020/ND-CP on administrative penalties in the healthcare sector. Penalties for violations related to consumption of alcoholic beverages are as follows:

1. Minors aged under 18 consuming alcoholic beverages may be fined up to 500,000 VND

According to Article 30, Clause 1 of Decree 117/2020/ND-CP, individuals aged 16 to 18 consuming alcoholic beverages can be warned or fined 200,000 to 500,000 VND.

2. Parents failing to remind minors to fail consumption of alcoholic beverages may be fined from 500,000 VND to 1,000,000 VND

According to Article 36 of Decree 117/2020/ND-CP, violations of information, education, and communication regulations regarding the prevention and control of alcohol's harmful effects will be penalized as follows:

• A fine of 500,000 to 1,000,000 VND for failing to educate, supervise, or remind family members under 18 not to drink alcohol;
• A fine of 3,000,000 to 5,000,000 VND for providing inaccurate, biased, or unscientific information about the prevention and control of alcohol's harmful effects.
• A fine of 10,000,000 to 15,000,000 VND for providing false information about the health effects of alcohol.

3. Persons inducing others to consume alcoholic beverages may be fined up to 1,000,000 VND

Violating one of the following acts will incur a fine of 500,000 to 1,000,000 VND:

• consuming alcoholic beverages at locations where it is prohibited by law;
• Inciting, provoking, or coercing others to drink alcohol.

4. Fines of up to 3,000,000 VND for consuming alcoholic beverages during working hours

Individuals engaging in one of the following two acts may be fined 1,000,000 to 3,000,000 VND:

• Consuming alcoholic beverages immediately before, during, or between work or study hours;
• Forcing others to drink alcohol.

5. Heads of entities failing to remind employees consuming alcoholic beverages during working hours may be fined up to 5,000,000 VND

According to Article 34, Clause 1 of Decree 117/2020/ND-CP, there will be a fine of 3,000,000 to 5,000,000 VND for one of the following acts:

• Failing to implement preventive measures against the harmful effects of alcohol in the organization;
• Failing to ensure regulations against consuming alcoholic beverages during work hours or at the workplace are followed;
• Failing to remind or require cessation of drinking or selling alcohol at locations where it is prohibited;
• Failing to ensure, guide, check, or prompt compliance with regulations on not drinking or selling alcohol at managed locations.

6. Fines of up to 10,000,000 VND may be imposed on heads of transport business units allowing drivers to consume alcoholic beverages during joining traffic

Specifically, under Article 34, Clause 2 of Decree 117/2020/ND-CP, heads of transport business units or vehicle owners who fail to prevent drivers from consuming alcoholic beverages immediately before or during transport operations will be fined 5,000,000 to 10,000,000 VND.

Current regulation: According to Decree 176/2013/ND-CP on administrative penalties in the healthcare field, effective until November 15, 2020, penalties for violations related to consumption of alcoholic beverages are only mentioned in Article 28, Clause 1, which imposes warnings or fines of 200,000 to 500,000 VND for using alcohol while practicing medical examination or treatment.

Therefore, Decree 117/2020/ND-CP, effective from November 15, 2020, will replace Decree 176/2013/ND-CP. The new decree provides specific and detailed penalties for violations related to consumption of alcoholic beverages for different cases and subjects. More importantly, it assigns responsibility not only to those directly violating consumption of alcoholic beverages regulations but also to leaders, managers, and parents who fail to remind, urge, or prevent such violations.

Thuy Tram

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