Vietnam: 05 regulations that people should master to avoid facing penalties for alcoholic beverage consumption

Vietnam: 05 regulations that people should master to avoid facing penalties for alcoholic beverage consumption (Illustrative image)

Firstly: Do not sell, supply, or offer discounts on alcoholic beverages to persons under 18 years old in Vietnam

Clause 2, 3, Article 5 of the Law on Prevention and Control of Harmful Effects of Alcoholic Beverages 2019 stipulates the prohibition of persons under 18 years old from consuming alcoholic beverages and the prohibition of selling, supplying and offering discounts on alcoholic beverages to minors in Vietnam.

Article 30 and Article 31 of Decree 117/2020/ND-CP (effective November 15, 2020) specify the penalties 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 consuming alcoholic beverages.

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

+ Selling or supplying alcoholic beverages to persons aged under 18;

+ Failing to post a notice stating that “It’s is illegal to sell alcoholic beverages to anyone under the age of 18” at a prominent place in the establishment that sells alcoholic beverages

- A fine from 10,000,000 VND to 20,000,000 VND for offering discounts on alcoholic beverages to persons aged under 18.

Secondly: Do not drive after consuming alcoholic beverages in Vietnam

According to Clause 6, Article 5 of the Law on Prevention and Control of Harmful Effects of Alcoholic Beverages 2019, the operation of a vehicle with a blood alcohol concentration or breath alcohol concentration is prohibited in Vietnam.

Therefore, individuals consuming alcoholic beverages and operating vehicles will be penalized according to Decree 100/2019/ND-CP. To be specific:

Level 1: consuming alcoholic beverages 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 motor vehicle operators, a fine from 6,000,000 VND to 8,000,000 VND and suspension of driving license from 10 to 12 months;

- For motorcyclists, a fine from 2,000,000 VND to 3,000,000 VND and suspension of driving license from 10 to 12 months;

- For cyclists, electric cyclists, and other rudimentary vehicle operators, a fine from 80,000 VND to 100,000 VND.

Level 2: Consuming alcoholic beverages 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 motor vehicle operators, a fine from 16,000,000 VND to 18,000,000 VND and suspension of driving license from 16 to 18 months;

- For motorcyclists, a fine from 4,000,000 VND to 5,000,000 VND and suspension of driving license from 16 to 18 months;

- For cyclists, electric cyclists, and other rudimentary vehicle operators, a fine from 200,000 VND to 300,000 VND.

Level 3: Consuming alcoholic beverages 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 motor vehicle operators, a fine from 30,000,000 VND to 40,000,000 VND and suspension of driving license from 22 to 24 months;

- For motorcyclists, a fine from 6,000,000 VND to 8,000,000 VND and suspension of driving license from 22 to 24 months;

- For cyclists, electric cyclists, and other rudimentary vehicle operators, a fine from 400,000 VND to 600,000 VND.

Thirdly: Do not incite or force others to consume alcoholic beverages in Vietnam

Under Article 5 of the Law on Prevention and Control of Harmful Effects of Alcoholic Beverages 2019, incitement or coercion for alcoholic beverage 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 consume alcoholic beverages;

- A fine from 1,000,000 VND to 3,000,000 VND for forcing others to consume alcoholic beverages.

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

Fourthly: Do not consume alcoholic beverages in places where alcoholic beverage consumption is prohibited in Vietnam

Article 10 of the Law on Prevention and Control of Harmful Effects of Alcoholic Beverages 2019 stipulates 07 places where alcoholic beverage consumption is prohibited, including:

- Health facilities.

- Educational institutions during teaching, learning and working hours.

- Nursing care centers and recreational centers for minors.

- Rehabilitation centers, compulsory educational institutions, reform schools, prisons and other detention facilities.

- Social protection centers.

- Workplaces of regulatory authorities, political organizations, socio-political organizations, socio-political-professional organizations and public service providers during working hours, except for places where the trade in alcoholic beverages is allowed.

- Public places prescribed by the Government.

If someone consumes alcoholic beverages in the aforementioned 07 places, 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.

Fifthly: Do not consume alcoholic beverages during working hours or breaks

Clause 5, Article 5 of the Law on Prevention and Control of Harmful Effects of Alcoholic Beverages 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 alcoholic beverages during working, studying hours, and breaks, they will be fined from 1,000,000 VND to 3,000,000 VND. Clause 3, Article 30 of Decree 117/2020/ND-CP states:

 Violations against regulations on consumption of alcoholic beverages and places where alcoholic beverage consumption is not allowed

...

3. A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed for commission of one of the following violations:

a) Consuming alcoholic beverages before or during working or learning hours or break times;

...

Ty Na

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