Which of the following places is not allowed to sell alcohol in Vietnam?

Alcohol is one of the stimulants for health, but it is not on the list of goods banned from trading and trading. However, according to regulations, there are places that will not be able to sell alcohol. So which of the following places is not allowed to sell alcohol in Vietnam? Let’s find out with Lawyer X through the following article!

Legal grounds

Law on Prevention and Control of Harmful Effects of Alcohol and Beer 2019
Decree 24/2020/ND-CP guiding the Law on prevention and control of harmful effects of alcohol

A place where you don’t drink alcohol

– In Article 3 of Decree 24/2020/ND-CP guiding the Law on Prevention and Control of harmful effects of alcohol, beer stipulates that public places are not allowed to drink alcohol, according to which: public places are not allowed to drink Alcoholic beverages include the following places: places where alcohol and beer are not allowed to be sold as mentioned above and parks, except for restaurants within the park’s premises that have been licensed to trade alcohol, beer, houses. waiting for buses, cinemas, theaters, cultural and sports facilities during the time of organizing activities according to the main functions, tasks and uses of these places, except for organizing events. Food and cultural festivals using alcohol and beer.

– The Road Traffic Law promulgated on November 23, 2008, stipulating at Point 8, Clause 8, Article 8 prohibits the act of operating a motorcycle or moped with an alcohol concentration exceeding 50 milligrams in the blood 100 miniliters of blood or 0.25 milligrams per liter of breathing air.

– In Decree No. 100/2019/ND-CP stipulates penalties for administrative violations in the field of road and railway traffic. Decree amending 21 articles with 39 acts, groups of acts are revised and re-described; 55 acts, groups of behaviors are added; 21 acts and groups of acts have been supplemented and re-described according to the draft Decree replacing Decree No. 46 dated May 26, 2016 on sanctioning of administrative violations in the field of road and railway traffic. In particular, the draft increases the sanction for 50 acts and groups of violations. For drivers of cars violating the highest alcohol concentration (level 3).

– Decree on fines from 30 to 40 million VND, deprivation of the right to use driving license for 22-24 months for vehicle drivers with alcohol concentration exceeding 80 milligrams per 100 milliliters of blood or exceeding 0.4 milligrams/1 liter of breathing air. Decree No. 46/2016 previously stipulates a fine of VND 16-18 million and a driving license suspension for 4-6 months.

– Decree No. 105/2017/ND-CP dated September 14, 2017 regulating alcohol and beer trading:

• The Decree regulates alcohol business activities, including: Production, import, distribution, wholesale and retail of alcohol; sale of alcohol for local consumption.
• The Decree clearly states: Wine business is on the list of industries and trades with conditional business investment;
• Organizations and individuals producing industrial alcohol, producing alcohol manually for the purpose of trading, distributing alcohol, wholesale alcohol, retail alcohol, sell alcohol for on-site consumption must obtain a license as prescribed in Decree this determination.

• Organizations and individuals producing alcohol manually for sale to enterprises with licenses for industrial wine production for re-processing must register with the commune-level People’s Committees.
• The Decree stipulates that alcohol with technical regulations must be announced of technical-regulation conformity and registered with a competent state agency before being circulated on the market;
• In case of alcohol without technical regulations, it must be announced in accordance with food safety regulations and registered with the competent state agency before being put into circulation.

Which of the following places cannot sell alcohol?

In Article 19 of the Law on Prevention and Control of Harms of Alcohol and Beer 2019 stipulates places where alcohol and beer are not sold.

(1) Medical facility

(2) Educational institutions

(3) Facilities and areas for care, nurturing, entertainment and entertainment for people under 18 years old

(4) Detention facilities, compulsory education institutions, reformatory schools, inmates detention facilities and other detention facilities

(5) Social protection establishments

(6) Working places of state agencies, political organizations, socio-political organizations, socio-political-professional organizations, public non-business units, excluding places where alcohol business is permitted beer.

What are the responsibilities of alcohol and beer business establishments?

• Comply with the provisions of law on conditions for trading alcohol and beer; on advertising, promotion, sponsorship, food safety, quality, standards, technical regulations, labeling of goods for alcohol and beer. Information on alcohol and beer products must be accurate and scientific.
• Provide complete and accurate information about the establishment’s business activities at the request of the competent authority.
• Do not use employees who are under 18 years old to directly participate in the business and advertising of alcohol and beer.
• Recall and handle alcohol and beer that do not meet the quality and food safety standards produced and sold by their establishments in accordance with the law on food safety.
• Establishments selling alcohol and beer must post up notices not to sell alcohol and beer to people under 18 years old. In case of doubt about the age of the buyer of alcohol or beer, the seller has the right to request the buyer to present proofs.
• Establishments selling alcohol and beer for on-site consumption remind and have appropriate forms of information for customers about not driving means of transport, and assist customers in renting and using public transport after when drinking wine or beer.
  – Since the effective date of the Law on Prevention and Control of Harm of Alcohol 2019, it is not allowed to open a new point of sale of alcohol and beer for on-site consumption within a radius of 100 m from the premises of medical establishments, kindergartens, schools. kindergartens, preschools, general education institutions.

Conclusion

The above locations are places where the law is not allowed to sell alcohol, the reason why these places are not allowed to sell alcohol and beer is because these are all places that are not suitable for use as well. Not suitable for selling alcohol or beer.

For example, in schools, compulsory education institutions, reformatory schools, inmates’ detention facilities and other detention facilities, this is an educational institution only for pupils, students, and teachers in the home. Therefore, the sale of alcohol at these establishments is not appropriate and if so, it will be one of the reasons for the degradation, deterioration in morality, habits and formation of the personality of the people. subject to these establishments. At the same time, the sale of alcohol and beer at health facilities, social protection facilities or in amusement parks, for people under 18 years of age is also not allowed, because when selling alcohol, beer at These places also cause unpredictable consequences and have negative impacts on those who go to, go to, and pass through these places. In addition, the law also stipulates places such as state agencies, political organizations, socio-political organizations, socio-political-professional organizations, public non-business units. This is one of the places where alcohol and beer are not allowed to be sold.

– First, the Law on Prevention and Control of Harmful Effects of Alcohol and Beer dated June 14, 2019 stipulates measures to reduce the consumption of alcohol and beer; beer management measures June 14, 2019 prescribes measures to reduce alcohol and beer consumption; measures to manage the supply of alcohol and beer; measures to reduce harmful effects of alcohol and beer; conditions to ensure the prevention and control of harmful effects of alcohol and beer; State management and responsibilities of agencies, organizations and individuals in the prevention and control of harmful effects of alcohol. The Law on Prevention and Control of Harmful Effects of Alcohol and Beer in 2019 stipulates: It is strictly forbidden to operate a vehicle with an alcohol content in blood or breath.

Thus, the ban on driving while drinking alcohol has been officially legalized. On December 30, 2019, the Government issued Decree No. 100/2019/ND-CP, effective from January 1, 2020 (replacing Decree No. 46/2016/ND-CP) regulating the level of fines. much higher for traffic violations. In particular, Decree No. 100 increases the maximum penalty for violations of regulations on alcohol concentration. Specifically, for the driver of a car that violates the highest alcohol concentration, a fine of between VND 30-40 million, deprivation of the right to use a driver’s license for 22-24 months for drivers with high alcohol content. alcohol concentration exceeds 80 milligrams per 100 milliliters of blood or exceeds 0.4 milligrams per liter of breathing air.

– In addition, the Law also prohibits the following acts: Instigating, inciting, enticing or forcing others to drink alcohol or beer; persons under 18 years old to drink alcohol or beer; selling and promoting alcohol and beer for people under 18 years old; employing persons who are under 18 years of age who are directly involved in the production, trading of alcohol and beer; cadres, civil servants, public employees, employees in agencies and organizations, officers, non-commissioned officers, professional soldiers, soldiers, people working in the people’s armed forces, students, students members drink alcohol or beer right before, during working or studying hours and during breaks between working and studying hours; advertising alcohol with an alcohol content of 15 degrees or more; providing inaccurate and false information about the effects of alcohol on health…

– Do not advertise alcohol or beer below 5.5 degrees in the golden hour frame:

Advertising for alcohol of 15 degrees or more is strictly prohibited. Particularly in the case of advertising for alcohol and beer with an alcohol content of less than 5.5 degrees, the strict regulations in Clause 3, Article 12 of the Law on Prevention and Control of harmful effects of alcohol and beer in 2019, specifically:

Do not advertise on television from 6pm to 9pm daily, except for the case that advertisements are available in sports programs that buy and sell the right to broadcast live from abroad and other cases as prescribed by law.

No advertising on means of transport.

– Alcohol and beer sellers must post a notice not to sell alcohol or beer to people under 18 years old: According to the provisions of Clause 5, Article 32 of the Law on prevention and control of harmful effects of alcohol, 2019: Establishments selling alcohol, Beer must post a notice not to sell alcohol or beer to people under 18 years old. In case of doubt about the age of the buyer of alcohol or beer, the seller has the right to request the buyer to present proofs.

– Acceptable documents to prove age are identity card/citizen identity card, passport, driving license, student card… Therefore, employees or sellers of alcohol and beer should check the paper. customer’s documents and has the right to refuse to customers who are not eligible to buy.

– Restaurants support to call a taxi for customers after drinking alcohol: Clause 6, Article 32 of the Law on Prevention of Harmful Effects of Alcohol and Beer: Clause 6, Article 32 of the Law on Prevention of Harm of Alcohol and Beer in 2019 provides for establishments selling alcohol and beer for on-site consumption, reminding and having appropriate forms of information for customers about not driving a vehicle, assisting customers to rent, use public transport after drinking beer.

Please see more articles:

• Procedures for transferring motorbike name in Vietnam
• Determining the fault factor when a traffic accident occurs in Vietnam

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