Legal Practitioners Need These Tips to Drink Alcohol and Beer in Compliance with the Law

To mitigate the negative impacts of alcohol and beer consumption, recent legislation has introduced numerous new regulations to restrict the use of alcohol and beer. To legally consume alcohol and beer without facing penalties, individuals need to be aware of the following regulations:

Drinking Alcohol Legally

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1. Coercing others to drink alcohol or beer is prohibited

This is stipulated in Clause 1, Article 5 of the Law on Prevention and Control of Harmful Effects of Alcohol and Beer 2019, specifically:

Article 5. Prohibited acts in the prevention and control of harmful effects of alcohol and beer

1. Inciting, encouraging, coercing others to drink alcohol or beer.

Thus, inciting or coercing others to drink alcohol or beer is a prohibited act under the law.

Currently, there are no specific regulations on the penalties for coercing others to drink alcohol or beer. However, the Government of Vietnam is drafting a Decree on penalties for such acts, according to which, those who coerce others to drink alcohol or beer will be fined from 1,000,000 VND to 3,000,000 VND.

View the detailed draft HERE.

2. Persons under 18 years old are not allowed to drink alcohol or beer

Clause 1, Article 5 of the Law on Prevention and Control of Harmful Effects of Alcohol and Beer 2019 stipulates that persons under 18 years old are prohibited from drinking alcohol or beer. This regulation aims to reduce the current situation of alcohol and beer consumption among teenagers.

Currently, there are no specific penalties for this act. However, according to the draft Decree on administrative penalties in the field of health, persons aged 16 to under 18 who drink alcohol or beer will be warned or fined from 300,000 VND to 500,000 VND.

View the detailed draft HERE.

3. Do not drink alcohol or beer in the following 07 locations (Article 10 of the Law on Prevention and Control of Harmful Effects of Alcohol and Beer 2019):

- Healthcare facilities.- Educational institutions during teaching, studying, and working hours.- Facilities, areas for caring, nurturing, playing, and entertaining individuals under 18 years old.- Rehabilitation centers, compulsory education centers, reformatory schools, detention centers, and other detention facilities.- Social protection facilities.- Workplaces of state agencies, political organizations, political-social organizations, political-social-professional organizations, public service providers during working hours, except for locations authorized to sell liquor, beer.- Public places as regulated by the Government of Vietnam.

According to the draft Decree on administrative penalties in the field of health, violators will be warned or fined from 300,000 VND to 500,000 VND.

View the detailed draft HERE.

4. Students are not allowed to drink alcohol or beer during study and break time

This is stipulated in Clause 3, Article 5 of the Law on Prevention and Control of Harmful Effects of Alcohol and Beer 2019:

Article 5. Prohibited acts in the prevention and control of harmful effects of alcohol and beer

5. Officials and public employees, workers in agencies, organizations, officers, non-commissioned officers, professional soldiers, soldiers, people working in the People's Armed Forces, students drinking alcohol or beer immediately before, during, and between working and studying hours.

For the aforementioned act, the draft Decree on administrative penalties in the field of health prescribes a penalty from 1,000,000 VND to 3,000,000 VND (currently there is no penalty for this act).

5. Do not drive after drinking alcohol or beer

According to Clause 6, Article 5 of the Law on Prevention and Control of Harmful Effects of Alcohol and Beer 2019, individuals driving vehicles with alcohol content in their blood or breath are strictly prohibited.

Additionally, the draft Decree on administrative penalties in the field of health stipulates fines from 3,000,000 VND to 5,000,000 VND for those who drink alcohol or beer before driving vehicles.

In case the driver of a vehicle participating in traffic has alcohol content in their blood and breath, penalties will be imposed according to Decree 100/2019/ND-CP.

Thanh Lam

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