Is it allowed to advertise alcohol on taxis according to the provisions of Vietnamese law in 2022?

Advertising is a form of conveying information about products between advertisers and different audiences, especially consumers. As we all know, alcohol is an alcoholic beverage that contains stimulants, so the law has very strict control over this drink, from importation, and production to trading. or consumption by the user. However; When traveling on the road, it is not difficult for us to see images of taxis with alcohol advertising stickers. So the question here is, is it possible to advertise alcohol on taxis? To better understand this, today, LSX Lawfirm will give you an article about “Is it allowed to advertise alcohol on taxis according to the provisions of Vietnamese law in 2022?”, as follows:

Legal grounds

• Law on Advertising 2019
• Law on Prevention and Control of Harmful Effects of Alcohol and Beer 2019
• Decree 117/2020/ND-CP

Legal regulations on advertising content

The advertising content must be honest, accurate, and clear, and not cause damage to producers, traders, and advertisement recipients. The Government shall prescribe requirements for advertising content for special products, goods, and services.

Prohibited advertising practices:

Ads that reveal state secrets, prejudice independence, sovereignty, national security, and social order and safety.
Advertising using advertising products and advertising media is contrary to the historical traditions, culture, ethics, fine customs, and traditions of Vietnam and contrary to the provisions of law then.
Advertise goods and services that the State prohibits from doing business, restricts business, or prohibits advertising.
Advertising tobacco and alcohol with an alcohol content of 15 degrees or more; products and goods that have not yet been allowed to circulate, and services that have not yet been allowed to be supplied in the Vietnamese market at the time of advertising then.
Taking advantage of commercial advertising to cause damage to the interests of the State, organizations, and individuals.
To advertise by using the method of directly comparing their own production and trading of goods and services with the production and trading of goods and services of the same type of other traders then.
Advertise falsely about one of the contents of quantity, quality, price, utility, design, the origin of goods, types, packages, service methods, a warranty period of goods, services service.
Advertise your business using advertising products that infringe intellectual property rights;
Advertising for unfair competition in accordance with the law.

Can taxis advertise alcohol?

Pursuant to Clause 3, Article 12 of the Law on Prevention and Control of Harmful Effects of Alcohol and Beer 2019 stipulates not to advertise on advertising media in the following cases:

a) Events, advertising media, products for under-18s, pupils, students, young people, and 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, advertising alcohol and beer in taxis not allowed. Alcohol production company H wants to sign a contract to advertise beer on your taxi company, so you should refuse to sign it to avoid breaking the law.

How much is the fine for advertising alcohol and beer on taxis?

According to Clause 2, Clause 4, and Clause 5, Article 33 of Decree 117/2020/ND-CP, there are regulations on violations of regulations the advertising of alcohol and beer as follows:

2. A fine ranging from VND 20,000,000 to VND 30,000,000 shall imposed for one of the following acts of advertising alcohol with an alcohol content of fewer than 15 degrees and advertising beer:

a) Having information and images to encourage drinking alcohol; information with content and images showing alcohol and beer that have the effect of creating maturity, success, friendliness, and sex appeal; aimed at children, pupils, students, young people, pregnant women;

b) Using objects, images, icons, music, characters in movies, and product brands for children, pupils, and students; using images of people under the age of 18 in advertising alcohol and beer;

c) Advertising in events, on advertising media, products intended for persons under 18 years old, pupils, students, young people, and pregnant women;

d) Advertising on means of transport;

đ) Advertise in audio and video newspapers right before, during, and right after the children’s program; from 18:00 to 21:00 daily, except for cases permitted by law;

e) Advertising on outdoor advertising media violates regulations on the size and distance of advertising media from the campus of the educational institution, the establishment, the care, nurture, and entertainment area, entertainment for people under 18 years old as prescribed by law;

g) Advertise without warning to prevent and control harmful effects of alcohol and beer as prescribed by law;

h) Advertise on electronic newspapers, websites, electronic media, terminals, and other telecommunications equipment without a system of blocking technology or software to control the age of visitors to prevent under-18s from accessing, accessing, and searching for information about alcohol and beer.

…

In addition

4. Additional sanctioning forms:

Suspend alcohol and beer advertising for a period of between 01 and 03 months for the acts specified at Point h, Clause 2 of this Article.

5. Remedial measures:

Forcible withdrawal or removal of advertisements to remove infringing elements, for the acts specified in Clauses 1, 2, and 3 of this Article.

Clause 5, Article 4 of Decree 117/2020/ND-CP stipulates the fine level: The fine level specified in Chapter II of this Decree is the fine level for individuals. For the same act of administrative violation, the fine level for organizations is equal to 02 times the fine level for individuals.

Therefore, an administrative fine from 20,000,000 VND to 30,000,000 VND will imposed for advertising alcohol and beer in taxis. There is also an additional penalty of suspension of advertising activities for alcohol and beer for a period of 01 to 03 months and forced recall and removal of ads.

Penalties for alcohol use while driving

Pursuant to Decree 100/2019/ND-CP (amended and supplemented by Decree 123/2021/ND-CP and effective from January 1, 2022), depending on the type of vehicle, the concentration of Alcohol content in blood or breath that violators will penalized as follows:

For cars and similar vehicles

Pursuant to Point c, Clause 6; point c clause 8; Point a Clause 10; Points e, g, h, Clause 11, Article 5, drivers of cars and vehicles similar to cars with alcohol content in their bodies will penalized as follows:

The alcohol content in blood or breath but not exceeding 50 mg/100 ml of blood or 0.25 mg/liter of breathing air will fine from VND 6 million to VND 8 million. At the same time, deprived of the right to use the Driving License for 10 months to 12 months).
The alcohol concentration in blood or breath exceeding 50 mg to 80 mg/100 ml of blood or exceeding 0.25 mg to 0.4 mg/1 liters of breathing air will fined from VND 16 million to VND 18 million. At the same time, deprived of the right to use the driving license from 16 months to 18 months.
The alcohol concentration in blood or breath exceeding 80 mg/100 ml of blood or 0.4 mg/1 liters of breathing air will fine from VND 30 million to VND 40 million. At the same time, being deprived of the right to use the driving license from 22 months to 24 months.

For motorcycles, mopeds (including electric scooters), and similar vehicles

Pursuant to Point c, Clause 6; point c clause 7; Point e Clause 8; Points dd, e, g, Clause 10, Article 6, drivers of motorcycles, mopeds (including electric scooters), motorcycle-like vehicles, and motorcycle-like vehicles that have alcohol content in their body will punished as follows:

The alcohol content in blood or breath but not exceeding 50 mg/100 ml of blood or 0.25 mg/1 liter of breathing air will fine from 2 million VND to 3 million VND. At the same time, being deprived of the right to use the driving license from 10 months to 12 months then.
If the alcohol concentration in the blood or breath exceeds 50 mg to 80 mg/100 ml of blood or exceeds 0.25 mg to 0.4 mg/1 liters of breathing air, a fine of between VND 4 million and VND 5 million will imposed. At the same time, being deprived of the right to use the driving license from 16 months to 18 months.
If the alcohol concentration in the blood or breath exceeds 80 mg/100 ml of blood or exceeds 0.4 mg/1 liters of breathing air, a fine ranging from VND 6 million to VND 8 million will imposed. At the same time, being deprived of the right to use the driving license from 22 months to 24 months.

For tractors, special-use motorcycles

Is it allowed to advertise alcohol on taxis according to the provisions of Vietnamese law in 2022? Pursuant to Point c, Clause 6; Point b, Clause 7; point a clause 9; Points d, dd, e, Clause 10, Article 7, operators of tractors or special-use vehicles with alcohol content in their bodies will penalized as follows:

The alcohol content in blood or breath but not exceeding 50 mg/100 ml of blood or 0.25 mg/1 liter of breathing air will fined from VND 3 million to VND 5 million. At the same time, the right to use the driver’s license (when operating a tractor) and the certificate of training in road traffic law knowledge (when operating a special-use motorcycle) will revoked from 10 to 12 months.
In the blood or breath with an alcohol concentration exceeding 50 mg to 80 mg/100 ml of blood or exceeding 0.25 mg to 0.4 mg/liter of breathing air, a fine of between VND 6 million and VND 8 million will imposed. At the same time, the right to use the driver’s license (when operating a tractor) and the certificate of training in legal knowledge on road traffic (when operating a special-use motorcycle) will revoked from 16 to 18 months.
If the alcohol concentration in the blood or breath exceeds 80 mg/100 ml of blood or exceeds 0.4 mg/1 liters of breathing air, a fine ranging from VND 16 million to VND 18 million will imposed. At the same time, the right to use the driver’s license (when operating a tractor) and the certificate of training in road traffic law knowledge (when operating a special-use motorcycle) will revoked from 22 to 24 months.

For bicycles, motor bicycles (including electric bicycles), and other rudimentary vehicles

Pursuant to Point q, Clause 1, Point e, Clause 3, and Point c, Clause 4, Article 8, drivers of bicycles, mopeds (including electric bicycles), and other rudimentary vehicle operators with alcohol content in their bodies. will penalize as follows:

The alcohol content in blood or breath but not exceeding 50 mg/100 ml of blood or 0.25 mg/liter of breathing air will fine from VND 80,000 to VND 100,000.
In the blood or breath with an alcohol concentration exceeding 50 mg to 80 mg/100 ml of blood or exceeding 0.25 mg to 0.4 mg/liter of breathing air, a fine of from 300,000 VND to 400,000 VND (formerly, only fined from 200,000 VND to 300,000 VND).
The alcohol concentration in blood or breath exceeding 80 mg/100 ml of blood or 0.4 mg/liter of breathing air will fine from VND 400,000 to VND 600,000.

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