Contents ineligible to be advertised with alcoholic beverages having less than 5.5% ABV in Vietnam

Contents ineligible to be advertised with alcoholic beverages having less than 5.5% ABV in Vietnam (Internet image) 

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

1. Contents ineligible to be advertised with alcoholic beverages having less than 5.5% ABV in Vietnam

Contents ineligible to be advertised with alcoholic beverages having less than 5.5% ABV in Vietnam according to Clause 2, Article 12 of the Law on Prevention and Control of Harmful Effects of Alcoholic Beverages 2019 include:

- Information and images aimed at encouraging alcoholic beverage consumption; say that alcoholic beverages may enable the maturity, success, friendliness and sex appeal; be directed towards children, students, adolescents and pregnant women;

- Objects, images, symbols, music, movie characters and brands of products intended for children and students; employ minors or their images.

2. Cases ineligible for advertising of alcoholic beverages having less than 5.5% ABV in Vietnam

According to Clause 3, Article 12 of the Law on Prevention and Control of Harmful Effects of Alcoholic Beverages 2019, alcoholic beverages having less than 5.5% ABV in Vietnam are not allowed to be advertised:

- In advertising events or through advertising facilities and products that are intended for minors, students, adolescents and pregnant women;

- On vehicles;

- On an audio newspaper or visual newspaper before, during and after a children’s program; from 18:00 to 21:00, except in the case the advertisement is available in live sports events that are broadcasted from a foreign country and other cases prescribed by the Government;

- Through outdoor advertising facilities that violate regulations on sizes and placement distance from educational institutions, nursing care centers and recreational centers intended for minors.

3. Prohibited acts in the prevention and control of harmful effects of alcoholic beverages in Vietnam

Prohibited acts in the prevention and control of harmful effects of alcoholic beverages in Vietnam under Article 5 of the Law on Prevention and Control of Harmful Effects of Alcoholic Beverages 20199 are as follows:

- 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.

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