The article focuses on clarifying the conditions for sale of alcoholic beverages using e-commerce in Vietnam as stipulated by current legal regulations.
Conditions for sale of alcoholic beverages using e-commerce in Vietnam in 2024 (Image from the Internet)
Article 16 of the Law on Prevention and Control of Harmful Effects of Alcoholic Beverages 2019 stipulates the conditions for sale of alcoholic beverages using e-commerce in Vietnam as follows:
- Compliance with the regulations in Clauses 4 and 5, Article 15, and Article 18 of the Law on Prevention and Control of Harmful Effects of Alcoholic Beverages 2019 as follows:
+ Registering a business according to legal regulations;
+ Meeting the conditions specific to each type of alcohol sale.
+ The Government of Vietnam provides detailed regulations on Article 16 of the Law on Prevention and Control of Harmful Effects of Alcoholic Beverages 2019 and regulations on the management of alcohol business with an alcohol content below 5.5 degrees.
+ Alcohol and beer sold and circulated in Vietnam must meet standards, technical regulations, product quality, goods, and food safety according to legal regulations.
- Compliance with legal regulations on e-commerce.
- Implement measures prescribed by the Government of Vietnam to prevent individuals under 18 from accessing, searching for information, and purchasing alcohol and beer.
- Applying cashless payment methods.
According to Article 6 of Decree 24/2020/ND-CP, organizations and individuals selling alcohol and beer via e-commerce; organizations and individuals providing e-commerce services to merchants, organizations, and other individuals selling alcohol and beer must implement measures to prevent individuals under 18 from accessing, searching for information, and purchasing alcohol and beer to ensure the following requirements:
- Having an application to declare the name and age of the visitor before accessing and searching for information; declaring information about the buyer's name, residential address, payment information through account, bank card, or other cashless payment methods when conducting alcohol and beer transactions.
- Product information about alcohol and beer on the e-commerce website of organizations and individuals selling alcohol and beer must not link or advertise to accounts of under-18 users; websites, channels, other information media on online environments specifically for those under 18 or predominantly used by individuals under 18.
- Organizations and individuals selling alcohol and beer are responsible for checking the age of the recipient in case of doubts about their age, ensuring the recipient is at least 18 years old when delivering goods.
- By June 30, 2020, organizations and individuals selling alcohol and beer via e-commerce operating before the effective date of Decree 24/2020/ND-CP are responsible for complying with the regulations in Clauses 1, 2, and 3, Article 6 of Decree 24/2020/ND-CP.
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 in Vietnam include:
- Medical establishments.
- Educational establishments.
- Facilities, areas for care, nurturing, play, and recreation for individuals under 18 years old.
- Rehabilitation centers, compulsory education institutions, reformatory schools, penal detention facilities, and other detention facilities.
- Social protection facilities.
- Workplaces of government agencies, political organizations, socio-political organizations, socio-political-professional organizations, public service providers, except locations licensed to sell alcohol and beer.
To Quoc Trinh
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