Regulations “not to advertise alcohol and beer in audio and video newspapers from 6pm to 9pm daily; right before, during and after children’s programs” is true or not, is also the question of many readers. To better understand this, today, LSX Lawfirm will give you an article about “From 8pm to 9pm, can alcohol be advertised in Vietnam?“, as follows:
Legal grounds
- Law on Prevention and Control of Harmful Effects of Alcohol and Beer 2019
What is wine and beer? How are the harmful effects of alcohol understood?
According to Article 2 of the Law on Prevention and Control of Harms of Alcohol and Beer 2019, alcohol and beer and its harmful effects regulated as follows:
Wine is a food alcoholic beverage, produced by fermentation from one or a mixture of raw materials, mainly starches of cereals, sugars of plants, flowers, tubers, fruits or beverages. prepared from food alcohol.
Beer is a food alcoholic beverage, produced by fermentation from a mixture of main ingredients including malt (malt), barley, yeast, hops (houblon flowers), water.
Harmful effects of alcohol and beer are harmful effects of alcohol and beer on human health, family, community, traffic safety, order, social safety, economy and other issues. other society.
From 8pm to 9pm, can alcohol advertised?
Pursuant to Clause 3, Article 12 of the Law on Prevention and Control of Harms of Alcohol 2019 on management of advertising of alcohol and beer with an alcohol content of less than 5.5 degrees, according to which:
- Do not advertise on advertising media in the following cases:
a) Events, advertising media, products for under-18s, pupils, students, young people, pregnant women;
b) Means of transport;
c) Audio and video newspapers right before, during and right after the children’s program; during the period from 18:00 to 21:00 daily, except for the case of advertising available in sports programs that buy the broadcasting rights directly from abroad and other cases as prescribed by the Government;
d) The outdoor advertising media violates regulations on the size and distance of advertising media from the premises of the educational institution, the establishment, the care, nurture, entertainment and recreation areas for children. for people under the age of 18.
Thus, with the above regulation, it is not possible for you to advertise for alcohol products with an alcohol content of less than 5.5 degrees in the time frame from 8 pm to 9 pm.
Advertisements must have warnings to prevent and control harmful effects of alcohol
According to Clause 3, Article 5 of Decree 24/2020/ND-CP, advertisements must have warnings to prevent and control harmful effects of alcohol and beer as follows:
There is one of the warning contents: “Drinking alcohol and beer can cause traffic accidents”, “Drinking alcohol can affect the health of the fetus”, “People under 18 years old not allowed to drink alcohol, beer “;
Advertisements for alcohol and beer in audio and video newspapers, radio stations, and audio and video-recorded alcohol and beer advertising products must clearly read the warning contents as prescribed at Point a of this Clause at a reading speed equivalent to readability of other content in the same ad;
Advertisement of alcohol and beer on visual newspapers, online newspapers, websites, social networks, video radio stations, electronic media, terminals and other telecommunications equipment with images, products Wine and beer advertisements recorded on video must display the warning content as prescribed at Point a of this Clause in letters with a color contrasting with the background color to ensure legibility, occupying at least 10% of the advertising area. In case of advertising alcohol or beer on television, the written warning must displayed across the entire width of the screen;
Advertisements at wine and beer business locations must contain warning contents as prescribed at Point a of this Clause in clear and easy-to-see script, or audio and video recordings of advertisements that meet the requirements specified in Clause 1 of this Article. point b, point c of this clause;
Advertisements for alcohol and beer other than those specified at Points b, c and d of this Clause must contain warning content as prescribed at Point a of this Clause in clear and easy-to-see script.
How can alcohol advertising above 15 degrees be penalized?
Pursuant to Article 33 of Decree 38/2021/ND-CP stipulating penalties for administrative violations in the field of culture and advertising:
“1. A fine of between VND 50,000,000 and 70,000,000 shall imposed for one of the following acts:
a) Firstly, Tobacco advertising;
b) Secondly, Advertising alcohol with an alcohol content of 15 degrees or more;
c) Thirdly, Advertise breast milk substitutes for children under 24 months old; complementary foods for children under 6 months old; feeding bottles and artificial nipples;
d) Finally, Advertise prescription drugs; over-the-counter drugs that recommended by the competent authority to limit their use or use under the supervision of a physician; the drug is no longer valid for circulation registration;
d) Then Advertise other products, goods and services banned from advertising.
- A fine ranging from VND 70,000,000 to VND 100,000,000 shall imposed for one of the following acts:
a) Advertise goods and services banned from business according to regulations;
b) Advertise all kinds of products and goods with aphrodisiac properties;
c) Advertisement for hunting rifles and shotgun ammunition, sports weapons and other products and goods that incite violence.
- Remedial measures:
Forcible removal, dismantling, deletion of advertisements, or recall of printed newspapers and magazines with advertisements, for the acts specified in Clauses 1 and 2 of this Article.”
Accordingly, violations of alcohol advertising over 15 degrees can fined with an amount of up to 70,000,000 VND. In addition, it may also forced to remove, dismantle, remove advertising or recall printed newspaper and magazine products with advertising as a remedy.
*Note: For the same act of administrative violation, the fine level for organizations is 2 times higher than that for individuals as prescribed in Clause 3, Article 5 of Decree 38/2021/ND-CP.
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Above is LSX Lawfirm’s advice on the content of the problem “From 8pm to 9pm, can alcohol be advertised in Vietnam?”. And all the above knowledge to use in work and life. If you have any questions and need more advice and help, please contact the hotline for the reception. Lawyer X is a place that provides reputable and fast business services at reasonable prices. Customers will extremely satisfied when using our services.
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Related article
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- Regulations on alcohol business license in Vietnam
Related questions
In Clause 1, Article 15 of the Law on Prevention and Control of Harmful Effects of Alcohol 2019 on alcohol business management, specifically as follows:
1. Conditions for licensing the production of industrial alcohol with an alcohol content of 5.5 degrees or more include: a) Firstly, The enterprise established in accordance with the law;
b) Secondly, Having industrial machinery and equipment lines and technological processes for alcohol production meeting the expected production scale;
c) Thirdly, Ensure conditions for food safety and environmental protection as prescribed by law;
d) Finally, Having qualified and professional technical staff suitable to the wine production industry
A fine ranging from VND 15,000,000 to VND 20,000,000 According to Clause 1, Article 33 of Decree 117/2020/ND-CP, a fine ranging from VND 15,000,000 to VND 20,000,000 shall imposed for using persons under 18 years of age to directly participate in the advertising of alcohol and beer. And depending on the behavior may more severe punishment.
Specifically, there are 3 cases where cadres, civil servants and public employees not allowed to drink alcohol, including:
Firstly, Drinking alcohol right before working or studying.
Secondly, Drinking alcohol during working or studying hours.
Thirdly, Drinking alcohol during breaks between working and studying hours.
This is the first time that a regulation prohibiting cadres, civil servants and public employees from drinking alcohol before, during working hours, and during breaks has been included in the Law.
Conclusion: So the above is From 8pm to 9pm, can alcohol be advertised in Vietnam?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
