To promote and find opportunities to buy and sell goods and provide services to customers, businesses often carry out trade promotion activities and one of the trade promotion activities that businesses often perform. Now it’s promotional activity. Promotions can in a variety of ways. However, the form of promotion that businesses often choose is in the form of gift-giving. So can “alcohol” be used for promotion or not? Let’s find out with Lawyer X with the following article:
Legal grounds
– Commercial Law 2005.
– Law on Prevention and Control of Harmful Effects of Alcohol and Beer 2019.
– Decree 81/2018/ND-CP dated May 22, 2018, of the Government detailing the
– Commercial Law on trade promotion activities.
– Decree 185/2013/ND-CP dated May 22, 2018, of the Government, provides for sanctioning of administrative violations in commercial activities, production, trading in counterfeit and banned goods, and protecting the interests of consumers. use.
Promotional goods and services
Services and promotional goods
– Advertising goods and services are goods and services that used by traders in promotional forms to promote the sale and supply of such goods or services.
– Goods and services to which promoted must be legally trade goods and services.
– Advertising goods and services do not include alcohol, lotteries, cigarettes, breast milk substitutes, medicines for human health, including drugs that allowed to circulate according to regulations of the Ministry of Health (except for cases of promotion for drug traders) medical examination and treatment services of public health establishments, educational services of public institutions, public vocational education institutions, goods and services subject to banning from circulation in Vietnam and other goods and services from promotion by law (Clause 1, Article 5 of Decree 81/2018/ND-CP).
Commodities and services used for promotion
– Commodities and services used for promotion are goods and services used by traders for gifting, rewarding, or providing without collecting money from customers.
– Produces and services used by traders for promotion can be goods and services that such traders are trading or other goods and services.
– Goods and services used for promotion must be goods and services that are legally traded.
– Produces and services used for promotion do not include alcohol, lotteries, cigarettes, medicines for human use, including drugs allowed to circulate according to regulations of the Ministry of Health (except for the case of promotions for customers). drug traders), goods and services banned from circulation in Vietnam, and other goods and services banned from promotion as prescribed by law (Clause 2, Article 5 of Decree No. 81/2018/ND-CP).
– You can use money as goods and services used for promotion, except for the promotional cases specified in Articles 8, Article 10, Article 11 of Decree 81/2018/ND-CP (Clause 3, Article 10 of Decree No. 5 Decree 81/2018/ND-CP).
Prohibited acts in promotional activities
Prohibited acts in promotional activities are specified in Article 100 of the Commercial Law 2005. Specifically:
– Promotion of goods and services banned from business; goods and services for which business is restricted; goods not yet allowed to circulate, services not yet permitted to be provided.
– Using goods and services used for promotion are goods and services banned from business; goods and services for which business is restricted; goods not yet allowed to circulate, services not yet allowed to be provided.
– Promotion of the use of alcohol or beer for promotion for people under 18 years old.
– Advertising of the use of tobacco, alcohol with an alcohol content of 30 degrees or more for promotion in any form.
– Promotions that are dishonest or misleading about goods and services to deceive customers.
– Besides, the promotion of consumption of poor quality goods, is harmful to the environment, human health, and other public interests.
– Sales promotion at schools, hospitals, headquarters of state agencies, political organizations, socio-political organizations, people’s armed forces units.
– Promised gifts or rewards but did not perform or performed improperly.
– In addition, promotions aimed at unfair competition.
– Performing sales promotion where the value of goods and services used for promotion exceeds the maximum limit or the price of goods or services promoted exceeds the maximum limit.
However, when the Law on Prevention and Control of Harmful Effects of Alcohol and Beer 2019 takes effect (from January 1, 2020), alcohol with an alcohol content of 15 degrees or more will be prohibited from promoting in any form (Point a). Clause 3, Article 35 of the Law on Prevention and Control of Harmful Effects of Alcohol and Beer 2019).
Is there a promotion on alcohol?
Article 100 of the Commercial Law 2005 only prohibits the following acts: using alcohol to promote people under 18 years old; using alcohol with an alcohol content of 30 degrees or more for promotion in any form.
According to the above regulations, alcohol cannot use for promotion in 02 cases:
– Used to promote people under 18 years old
– Wine used for promotion has an alcohol content of 30 degrees or more
In addition to the above two cases, alcohol can still use as promotional goods.
However, Clause 2, Article 5 of Decree 81/2018/ND-CP stipulates: “Goods and services used for promotion do not include alcohol, lottery, tobacco, medicines for human treatment including drugs allowed to circulate by the regulations of the Ministry of Health (except for the case of promotion for drug traders), goods and services banned from circulation in Vietnam and other goods and services banned from promotion. according to regulations of the Law”.
Thus, based on the above provisions, alcohol cannot be used as promotional goods. In other words, ban alcohol promotion.
It shows that there is a contradiction between the provisions of Article 100 of the Commercial Law and the provisions of Clause 2, Article 5 of Decree 81/2018/ND-CP. On the one hand, alcohol can still use as a promotional product, while on the other hand, alcohol promotion prohibited.
The “distortion” of the legal provisions poses a requirement for the legislators to make amendments for the above provisions to be unified.
Related article
- Important issues about Goods Purchase Entrustment activities in Vietnam
- Does “Sale up to 70%” violate the law on promotion of goods in Vietnam?
Frequently asked questions.
Promotional service contracts must be made in writing or another form with equivalent legal validity.
Promotion for a promotional unit of goods or services must not exceed 50% of the price of such promotional goods or service unit before the promotion period. However, there will be exceptions.
Prestigious professional services: Firstly, the team of consultants and consultants for many years in the field of civil status, customer support.
On-time: Certainly, with the motto “Get your lawyer right at your fingertips”, we ensure the service always performs on time. The rights and interests of customers always come first.
Cost: Besides, Lawyer X’s service costs are highly competitive; depending on the nature of the particular case. So, we want our guests to have the best possible service experience. Therefore, costs which guaranteed to be the most suitable and economical for customers.
Confidentiality of client information: Finally, all personal information of clients Lawyer X will be 100% confidential.
Please contact us immediately with questions about “In Vietnam, is there any promotion of alcohol?”
Contact LSX Lawfirm
Finally, hope this article is useful for you to answer the question: “In Vietnam, is there any promotion of alcohol?”. If you need any further information, please contact LSX Law firm: at +84846175333 or Email: [email protected]
Conclusion: So the above is In Vietnam, is there any promotion of alcohol?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
