Some measures to manage advertising of spirits having less than 15% ABV and beers in Vietnam

Some measures to manage advertising of spirits having less than 15% ABV and beers in Vietnam (Internet image) 

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

1. The concept of spirit and beer in Vietnam

- Spirit refers to a food-grade alcoholic beverage obtained from the fermentation of one or a mixture of ingredients mainly including starches of cereals or sugar syrups of plants, flowers, tubers, fruits or beverages obtained from food-grade alcohol.

- Beer refers to a food-grade alcoholic beverage obtained from the fermentation of a mixture of ingredients mainly including malt, barley, yeast, hops and water.

(Clause 1, 2, Article 2 of the Law on Prevention and Control of Harmful Effects of Alcoholic Beverages 2019)

2. Some measures to manage advertising of spirits having less than 15% ABV and beers in Vietnam

Some measures to manage advertising of spirits having less than 15% ABV and beers in Vietnam are as follows:

(1)  Apart from the case specified in Point c Clause 3 Article 12 of the Law on Prevention and Control of Harmful Effects of Alcoholic Beverages 2019, the advertisements for alcoholic beverages having less than 5.5% ABV on audio newspapers or visual newspapers from 18:00 to 21:00 on a daily basis include those for alcoholic beverages of sponsors at places where regional, continental or world sports game or sports tournament are held and broadcast live on audio newspapers or visual newspapers.

(2) The placement of advertisements for alcoholic beverages having less than 5.5% ABV on outdoor advertising facilities shall comply with the following regulations:

- Sizes of advertising boards shall comply with national technical regulation on advertising facilities;

- It is required to maintain a minimum distance of 200m from the point at which an advertising facility is installed to the nearest boundary of the pre-primary education institutions, general education institution, nursing care center and recreational center intended for minors; a minimum distance of 100m from the point at which an advertising facility is installed to the nearest boundary of the vocational education institution and higher education institution; except for signboards of alcoholic beverage traders.

If advertisements have been placed on outdoor advertising facilities located within the aforementioned distance before the effective date of this Circular, the advertising shall be carried out until the expiry date of the advertising contract and the extension of such contract is not allowed.

(3) Warnings should be available upon advertising of spirits having less than 15% ABV and beers to serve the prevention and control of harmful effects of alcoholic beverages. To be specific:

- One of the following warnings should be in place: "uống rượu, bia có thể gây tai nạn giao thông" ("drinking alcohol may cause traffic accidents"), "uống rượu, bia có thể ảnh hưởng đến sức khỏe thai nhi" ("drinking alcohol may affect fetus"), "người dưới 18 tuổi không được uống rượu, bia" ("persons under 18 years of age are forbidden to drink alcohol");

- Upon the advertising of alcoholic beverages on audio newspapers, visual newspapers and radio stations, audio and video advertising, the warnings prescribed in Point a of Clause 2 of Article 5 of Decree 24/2020/ND-CP shall be read with a reading speed equal to the speed of reading other contents in the same advertisement;

- Upon the image or video advertising of alcoholic beverages on visual newspapers, online newspapers, social network, TV radio stations, electronic media, terminal equipment and other telecommunications equipment, it is required to show the warnings specified in Point a of this Clause in writing with a color contrasting with the background color in a distinct manner that accounts for at least 10% of the advertising space. 

In the case of advertising alcoholic beverages on television, written warnings must be displayed in full width of the screen;

- Upon advertising alcoholic beverage trading locations, it is required to show written warnings as specified in Point a of this Clause in a distinct manner or the audio and video advertisements shall satisfy the requirements laid down in Points b and c of this Clause;

- In the cases other than those specified in Points b, c and dd of Clause 3 of Article 5 of Decree 24/2020/ND-CP, warnings specified in Point a of this are required to be shown in writing in a distinct manner.

(4) Upon advertising alcoholic beverages on visual newspapers, online newspapers, social network, electronic media, terminal equipment and other telecommunications equipment, it is required to have filtering and blocking technologies and user age control software to prevent minors from accessing and searching information about alcoholic beverages in accordance with the following requirements:

- It is not allowed to display advertisements before persons accessing and searching information declare their age;

- Advertisements should not be linked or introduced to accounts of minors; online pages and channels and other means exclusively intended for minors or accessed by a majority of minors;

- If the alcoholic beverage advertising that has been carried out before the effective date of Decree 24/2020/ND-CP but has yet to satisfy the requirements specified in Points a and b of Clause 4 of Article 5 of Decree 24/2020/ND-CP shall continue to be carried out until the expiry date of the advertising contract and the extension of such contract is not allowed.

(Article 5 of Decree 24/2020/ND-CP)

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