To Avoid Penalties for Alcohol and Beer Consumption, Everyone Should Know the Following 05 Regulations

Currently, alcohol and beer are a popular group of beverages at meetings, year-end parties, etc. To minimize risks and avoid penalties when consuming alcohol and beer, everyone needs to grasp the following 05 regulations.

Using Alcohol, Decree 100/2019/ND-CP

To avoid fines when using alcohol, everyone should know about the following 05 regulations (Illustrative image)

First: Do not sell, supply, or promote alcohol to persons under 18 years old

To be specific, Clause 2, 3, Article 5 of the Law on Prevention and Control of Alcohol’s Harmful Effects 2019 stipulates the prohibition of persons under 18 years old from drinking alcohol and the prohibition of selling, supplying, or promoting alcohol to these individuals.

Article 30 and Article 31 of Decree 117/2020/ND-CP (effective November 15, 2020) specify the penalty levels for the aforementioned acts as follows:

- Warning or a monetary fine from 200,000 VND to 500,000 VND for individuals aged 16 but under 18 drinking alcohol.- A fine from 1,000,000 VND to 3,000,000 VND for one of the following acts:- Selling or supplying alcohol to persons under 18 years old;- Failing to post a notice at a noticeable position in the alcohol-selling establishment that alcohol is not sold to persons under 18 years old.- A fine from 10,000,000 VND to 20,000,000 VND for promoting alcohol to individuals under 18 years old.

Second: No driving after consuming alcohol

According to Clause 6, Article 5 of the Law on Prevention and Control of Alcohol’s Harmful Effects 2019, it is strictly prohibited for any person to operate a vehicle with a blood alcohol concentration or breath alcohol concentration.

Therefore, individuals using alcohol and operating vehicles will be penalized according to Decree 100/2019/ND-CP, to be specific:

Level 1: Using alcohol with a blood alcohol concentration or breath alcohol concentration not exceeding 50 mg/100 ml of blood or 0.25 mg/1 liter of breath

- For car drivers, a fine from 6,000,000 VND to 8,000,000 VND and license suspension from 10 to 12 months;- For motorbike drivers, a fine from 2,000,000 VND to 3,000,000 VND and license suspension from 10 to 12 months;- For cyclists, electric cyclists, and other rudimentary vehicle drivers, a fine from 80,000 VND to 100,000 VND.

Level 2: Using alcohol with a blood alcohol concentration or breath alcohol concentration exceeding 50 mg to 80 mg/100 ml of blood or exceeding 0.25 mg to 0.4 mg/1 liter of breath

- For car drivers, a fine from 16,000,000 VND to 18,000,000 VND and license suspension from 16 to 18 months;- For motorbike drivers, a fine from 4,000,000 VND to 5,000,000 VND and license suspension from 16 to 18 months;- For cyclists, electric cyclists, and other rudimentary vehicle drivers, a fine from 200,000 VND to 300,000 VND.

Level 3: Using alcohol with a blood alcohol concentration or breath alcohol concentration exceeding 80 mg/100 ml of blood or exceeding 0.4 mg/1 liter of breath

- For car drivers, a fine from 30,000,000 VND to 40,000,000 VND and license suspension from 22 to 24 months;- For motorbike drivers, a fine from 6,000,000 VND to 8,000,000 VND and license suspension from 22 to 24 months;- For cyclists, electric cyclists, and other rudimentary vehicle drivers, a fine from 400,000 VND to 600,000 VND.

Third: Do not incite or force others to drink alcohol

Article 5 of the Law on Prevention and Control of Alcohol’s Harmful Effects 2019 stipulates that incitement or coercion for alcohol consumption is strictly prohibited. Violators will be fined from 500,000 VND to 3,000,000 VND according to Article 30 of Decree 117/2020/ND-CP, to be specific:

- A fine from 500,000 VND to 1,000,000 VND for incitement or provocation of others to drink alcohol;- A fine from 1,000,000 VND to 3,000,000 VND for forcing others to drink alcohol.

Note: The monetary penalty for the mentioned acts only applies to individuals; organizations committing similar violations will be fined double the amounts applied to individuals.

Fourth: No alcohol consumption in legally prohibited locations

Article 10 of the Law on Prevention and Control of Alcohol’s Harmful Effects 2019 stipulates 07 places where alcohol consumption is prohibited, including:

- Medical facilities;- Educational institutions during teaching, learning, and working hours;- Facilities and areas for care, nurturing, playing, and entertaining activities for individuals under 18;- Rehabilitation centers, compulsory educational institutions, reformatory schools, detention centers, and other detention facilities;- Social protection centers;- Workplaces of state agencies, political organizations, political-social organizations, political-social-professional organizations, and public service providers during working hours, except for licensed establishments selling alcohol;- Public places as regulated by the Government of Vietnam.

If someone consumes alcohol in the aforementioned 07 locations, they will be fined from 500,000 VND to 1,000,000 VND as stipulated in Clause 2, Article 30 of Decree 117/2020/ND-CP.

Fifth: No alcohol consumption during working hours or breaks

To be specific, Clause 5, Article 5 of the Law on Prevention and Control of Alcohol’s Harmful Effects 2019 stipulates that officials and public employees, workers in agencies, organizations, officers, non-commissioned officers, professional soldiers, soldiers, and individuals working in the armed forces, students are prohibited from consuming alcohol immediately before, during working, studying hours, and during breaks.

If someone consumes alcohol during working, studying hours, and breaks, they will be fined from 1,000,000 VND to 3,000,000 VND. To be specific, Clause 3, Article 30 of Decree 117/2020/ND-CP states:

Article 30. Violations of regulations on alcohol consumption and alcohol-free locations

3. A fine from 1,000,000 VND to 3,000,000 VND for one of the following acts:

a) Drinking alcohol immediately before, during working, studying hours, and during breaks.”

Ty Na

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