06 Places where the sale of alcoholic beverages is not allowed in Vietnam

06 Places where the sale of alcoholic beverages is not allowed in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. 06 Places where the sale of alcoholic beverages is not allowed in Vietnam

According to Article 19 of the Law on Prevention and Control of Harmful Effects of Alcoholic Beverages 2019, places where the sale of alcoholic beverages is not allowed include:

- Health facilities.

- Educational institutions.

- Nursing care centers and recreational centers for minors.

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

- Social protection centers.

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

2. Responsibilities of alcoholic beverage traders in Vietnam

Pursuant to Article 32 of the Law on Prevention and Control of Harmful Effects of Alcoholic Beverages 2019, responsibilities of alcoholic beverage traders are as follows:

- Regulations on conditions for trade in alcoholic beverages, and on alcoholic beverage advertising, sales promotion, sponsorship, food safety, quality, standards, technical regulations and labeling shall be complied with. Information about alcoholic beverages must be accurate and appropriate.

- Information about its trade shall be provided at the request of competent authorities in a sufficient and accurate manner.

- Employees under 18 years of age shall not be employed to directly engage in trading in and advertising alcoholic beverages.

- Unqualified alcoholic beverages they produce, purchase and sell shall be recalled and handled in accordance with regulations of law on food safety.

- Any establishment that sells alcoholic beverages shall post a notice stating that persons under 18 years of age cannot buy alcoholic beverages. If the age of a buyer cannot be ascertained, the seller has the right to ask for his/her proof of identity.

- Every on-premise establishment shall remind customers not to drive after consumption and shall assist them in hiring vehicles or using public transport after consumption.

- From the effective date of this Law, it is not allowed to open new on-premise establishments within 100 m from health facilities, nurseries, infant schools, kindergartens and general education schools.

3. Prohibited acts in the Prevention and Control of Harmful Effects of Alcoholic Beverages in Vietnam

According to Article 5 of the Law on Prevention and Control of Harmful Effects of Alcoholic Beverages 2019 stipulates that prohibited acts in the prevention and control of harmful effects of Alcoholic Beverages include:

- Inciting, persuading and forcing another to consume alcoholic beverages.

- Consumption of alcoholic beverages by persons under 18 years of age (hereinafter referred to as “minors”).

- Selling, supplying and offering discounts on alcoholic beverages to minors.

- Employing minors to directly engage in production, purchase and sale of alcoholic beverages.

- Consumption of alcoholic beverages during working and learning hours and break time by officials, public employees and employees working for organizations, officers, enlistees, non-commissioned officers, soldiers and persons working for People's Armed Force, and students.

- Operating vehicles under the influence of alcohol.

- Advertising spirits having at least 15% ABV.

- Providing inaccurate and misleading information about effects of alcoholic beverages on health.

- Running sales promotions of alcoholic beverages having at least 15% ABV; using alcoholic beverages having at least 15% ABV to run sales promotions in any shape or form.

- Using raw materials, additives and food processing aids not permitted for use in food; raw materials, additives and food processing aids that are unqualified and of unknown origins for production and preparation of alcoholic beverages.

- Trading in spirits without any license or registration; selling alcoholic beverages using vending machines.

- Trading in, possessing and transporting alcoholic beverages that are counterfeit, illegally imported, unqualified and of unknown origin, illegally importing alcoholic beverages.

- Other prohibited acts related to alcoholic beverages as prescribed by law.

Ho Quoc Tuan

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