Is it legal to sell alcoholic beverages to minors in Vietnam?

Is it legal to sell alcoholic beverages to minors in Vietnam? (Internet image) 

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

1. Is it legal to sell alcoholic beverages to minors in Vietnam?

According to Article 5 of the Law on Prevention and Control of Harmful Effects of Alcoholic Beverages 2019, prohibited acts in preventing the harmful effects of alcohol 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.

Thus, the act of selling, supplying and offering discounts on alcoholic beverages to minors is strictly prohibited according to the provisions of law.

2. What are the penalties for selling alcoholic beverages to minors in Vietnam?

Pursuant to Article 31 of Decree 117/2020/ND-CP, penalties for violations against regulations on sale and supply of alcoholic beverages are as follows:

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

+ 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 ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for commission of one of the following violations:

+ Selling alcoholic beverages at places where the sale of alcoholic beverage is not allowed;

+ Establishing a new on-premise establishment within a radius of 100 m from the outer boundary of a health facility, kindergarten, nursery school, pre-school or general education school.

- A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for failing to satisfy one of the eligibility requirements when selling alcoholic beverages through e-commerce.

Thus, the fine for selling and supplying alcoholic beverages to minors is from 1,000,000 VND to 3,000,000 VND.

3. What are the penalties for minors who drink alcohol in Vietnam?

Article 30 of Decree 117/2020/ND-CP stipulates penalties for violations against regulations on consumption of alcoholic beverages and places where alcoholic beverage consumption is not allowed as follows:

- A warning or a fine ranging from VND 200.000 to VND 500.000 shall be imposed upon a person aged from 16 to under 18 for consumption of alcoholic beverages.

- A fine ranging from VND 500.000 to VND 1.000.000 shall be imposed for commission of one of the following violations:

+ Consuming alcoholic beverages at places where the alcoholic beverage consumption is not allowed;

+ Inciting or persuading others to consume alcoholic beverages.

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

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

+ Forcing others to consume alcoholic beverages.

Thus, according to the above regulations, a warning or fine from 200,000 VND to 500,000 VND will be imposed on people aged 16 years old but under 18 years old who drink alcohol or beer.

Note: The fines in sections 2 and 3 above are fines for individuals. For the same administrative violation, the fine for organizations is 2 times the fine for individuals.

(Clause 5, Article 4, Decree 117/2020/ND-CP)

Nguyen Ngoc Que Anh

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