Decree No. 24/2020/ND-CP detailing the Law on Prevention and Control of Harms of Liquor and Beer Abuse

DECREE

Detailing a number of articles of the Law on Prevention and Control of Harms of Liquor and Beer Abuse^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the June 14, 2019 Law on Prevention and Control of Harms of Liquors and Beer Abuse;

At the proposal of the Minister of Health;

The Government promulgates the Decree detailing a number of articles of the Law on Prevention and Control of Harms of Liquor and Beer Abuse.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Decree details a number of articles of the Law on Prevention and Control of Harms of Liquor and Beer Abuse regarding a number of measures to reduce liquor and beer consumption level and manage liquor and beer supply, including indication of public places where liquor and beer drinking is prohibited; restrictions on use of images of actors/actresses drinking liquors or beer in movies, on stage or on television; management of advertising of liquors with an alcoholic strength of under 15% and beer; measures to prevent under-18 persons to access or seek information about liquors and beer and purchase liquors and beer via e-commerce platforms; reasons for and levels of expenditures for the prevention and control of harms of liquor and beer abuse; responsibility to carry out dissemination of information, education and public communication and perform the state management of prevention and control of harms of liquor and beer abuse.

Article 2.Subjects of application

This Decree applies to agencies, organizations and individuals involved in the prevention and control of harms of liquor and beer abuse.

Chapter II

MEASURES TO REDUCE LIQUOR AND BEER CONSUMPTION LEVEL AND MANAGE LIQUOR AND BEER SUPPLY

Article 3.Public places where liquor and beer drinking is prohibited

In addition to the places specified in Clauses 1 thru 6, Article 10 of the Law on Prevention and Control of Harms of Liquor and Beer Abuse, public places where liquor and beer drinking is prohibited include:

1. Parks, except restaurants within parks licensed to trade in liquors and beer before the effective date of this Decree.

2. Bus stations.

3. Cinemas, theaters, and culture and sports facilities during periods of organizing activities within the ambit of their functions, tasks and major utilities, except cuisine and culture festivals where liquors and beer are allowed.

Article 4.Restrictions on use of images of actors/actresses drinking liquors or beer in movies, on stage or on television

1. The use of images of actors/actresses drinking liquors or beer in movies, on stage or on television must satisfy the following requirements:

a/ To refrain from taking prohibited acts specified in Article 5, act of liquor and beer drinking in places specified in Article 10, act of liquor and beer sale in places specified in Article 19 of the Law on Prevention and Control of Harms of Liquor and Beer Abuse, or act of liquor and beer drinking in movies, on stage or on television for under-18 persons, if not for the purpose of criticizing or condemning such acts;

b/ To refrain from praising organizations and individuals that have gained successes in liquor and beer production and trading;

c/ To use images of actors/actresses drinking liquors or beer for artistic purposes only in cases of necessity in order to depict historical figures or retell certain historical periods or to criticize or condemn liquor or beer drinking;

d/ To use images of actors/actresses drinking liquors or beer for artistic purposes not in the cases specified at Point c of this Clause only after obtaining approval from an agency competent to approve movies at the request of film appraisal councils in accordance with the Cinematography Law or agencies competent to license art performances as specified in the Government’s Decree No. 15/2016/ND-CP of March 15, 2016, amending and supplementing a number of articles of the Government’s Decree No. 79/2012/ND-CP of October 5, 2012, on art performances and fashion shows; beauty and model contests; and circulation of and trading in audio and visual recordings of songs, dances, musical and theatrical performances. The approval of images of actors/actresses drinking liquors or beer for artistic purposes shall be incorporated in the process of appraisal, licensing and approval of cinematic and theatrical works and TV shows in accordance with law, ensuring no additional administrative procedures are required.

2. Frequency of appearance of actors/actresses drinking liquors or beer in the cases specified at Point c or d, Clause 1 of this Article is a criterion for rating movies for different age groups which is incorporated in criteria for rating movies under the guidance of the Minister of Culture, Sports and Tourism.

Article 5.Measures to manage advertising of liquors with an alcoholic strength of under 15% and beer

1. In addition to the cases specified at Point c, Clause 3, Article 12 of the Law on Prevention and Control of Harms of Liquor and Beer Abuse, to-be-advertised liquors and beer with an alcoholic strength of under 5.5% on live radio or television broadcasts from 18:00 hrs. to 21:00 hrs. every day include advertisements of sponsors of regional, continental or world sports events and tournaments in Vietnam.

2. Advertising of liquors and beer with an alcoholic strength of under 5.5% in outdoor advertising media must comply with the following regulations:

a/ The size of billboards must be in conformity with the national technical regulations on advertising media;

b/ Ensuring a distance of at least 200 m from the place where the advertising billboard is installed to the nearest boundaries of early childhood education and general education institutions, nurturing establishments, or entertainment and recreational facilities exclusively for under-18 persons; at least 100 m from the place where the advertising billboard is installed to the nearest boundaries of vocational education and higher education institutions, excluding billboards of liquor and beer trading establishments. Advertisements for liquors and beer on outdoor billboards that have been installed at the above distance before the effective date of this Decree may continue to be displayed until the expiration of advertisement placement contracts which may not be extended.

3. Advertising of liquors with an alcoholic strength of under 15% and beer must contain warnings about harms of liquor and beer abuse as follows:

a/ One of the following warnings: “drinking liquors or beer may cause traffic accidents”, “drinking liquors or beer may affect fetal health”, or “under-18 persons may not drink liquors or beer”;

b/ Warnings in advertisements for liquors and beer on radio or television broadcasts or audio and video records must be read out clearly under Point a of this Clause at a reading speech similar to that for other information in such advertisements;

c/ Advertisements for liquors and beer on television, newswires, websites, social networks, visual radios, electronic appliances, terminal devices and other telecommunication devices containing images and products for liquor and beer advertising must show warnings specified at Point a of this Clause in words of colors contrasting background colors and making up at least 10% of the advertising area. For advertisements for liquors and beer on television, warnings in words must stretch over the width of the screen;

d/ Advertisements in liquor and beer trading places must contain warnings specified at Point a of this Clause in clear and easy-to-spot words or audio or video records of advertisements must satisfy the conditions specified at Points b and c of this Clause;

dd/ Advertisements for liquors and beer in cases other than those specified at Points b, c and d of this Clause must contain warnings specified at Point a of this Clause in clear and easy-to-spot words.

4. Liquor and beer advertising on newswires, websites, social networks, electronic appliances, terminal devices and other telecommunications devices must have a screening technology system or software to control age of subscribers so as to prevent under-18 persons from accessing or seeking liquor and beer information according to the following requirements:

a/ Not showing advertisements before network users or information searchers declare their age;

b/ Neither linking to nor advertising among under-18 users’ accounts or other online pages, channels or communications media exclusively for under-18 persons or majority of under-18 users and subscribers;

c/ Liquor and beer advertisements made before the effective date of this Decree and failing to satisfy the requirements specified at Points a and b of this Clause may continue until expiration of advertising contracts which may not be extended.

Article 6.Implementation of measures to prevent under-18 persons from accessing and seeking liquor and beer information and buying liquors or beer via e-commerce platforms

Organizations and individuals selling liquors and beer via e-commerce platforms; organizations and individuals providing e-commerce services to other liquor and beer sellers shall apply measures to prevent under-18 persons from accessing and seeking liquor and beer information and buying liquors or beer which satisfy the following requirements:

1. Having applications for declaration by access users of their names and age before they access and seek information; declaration by buyers of their names and places of residence, and information on payment via bank accounts or cards or cashless payment methods when such persons conduct liquor or beer purchase transactions.

2. Neither linking nor advertising information on liquor and beer products to under-18 users’ accounts on e-commerce websites of liquor or beer sellers or other online pages, channels and information media exclusively for under-18 persons or majority of under-18 users.

3. Liquor and beer sellers shall verify age of a recipient in case of a doubt about his/her age in order to ensure he/she is at least 18 years old when receiving delivery.

4. No later than June 30, 2020, liquor and beer sellers via e-commerce platforms that commence their operation before the effective date of this Decree shall comply with Clauses 1, 2 and 3 of this Article.

Chapter III

CONTENTS AND LEVELS OF EXPENDITURES FOR PREVENTION AND CONTROL OF HARMS OF LIQUOR AND BEER ABUSE

Article 7.Contents of expenditures for prevention and control of harms of liquor and beer abuse

1. Contents of expenditures for prevention and control of harms of liquor and beer abuse include:

a/ Formulating, disseminating, and organizing the implementation of, policies, laws and plans on prevention and control of harms of liquor and beer abuse;

b/ Organizing the application of measures to prevent and control harms of liquor and beer abuse;

c/ Organizing public information, education and communications about the prevention and control of harms of liquor and beer abuse among population, agencies and organizations;

d/ Organizing contests and collecting initiatives for prevention and control of harms of liquor and beer abuse;

dd/ Providing counseling on harms of liquor and beer abuse; screening and early detecting health hazards of drinkers, making intervention to reduce harms for people with poor health at grassroots medical establishments and in the community; screening, early detecting, providing counseling, prophylaxes, medical interventions and physical rehabilitation for persons with alcohol abuse-related functional disorders, preventing and controlling alcohol addiction and relapse into alcohol addition at medical examination and treatment establishments;

e/ Initiatives and health community models for limited use of liquors and beer;

g/ Collecting and analyzing and making statistics on, on a five-year or annual basis,  information and data on liquor and beer production, trading and consumption; actual state and impacts of liquor and beer consumption on health, and the society and economy in order to have grounds for formulating and improving policies and laws on prevention and control of harms of liquor and beer abuse, people’s health care, and assurance of security, order and other social issues;

h/ Providing training and further training in prevention and control of harms of liquor and beer abuse;

i/ Conducting scientific research and international cooperation in prevention and control of harms of liquor and beer abuse;

k/ Commending and rewarding collectives and individuals that record achievements in the prevention and control of harms of liquor and beer abuse;

l/ Preventing and disposing of counterfeit liquors and beer that are of inferior quality and not up to food safety standards; smuggled liquors and beer that are of unclear origin;

m/ Inspecting, examining, handling illegal acts, and settling complaints and denunciations in the prevention and control of harms of liquor and beer abuse;

n/ Reviewing the prevention and control of harms of liquor and beer abuse.

2. Contents and levels of expenditures for special activities specified at Points c, d, dd and e, Clause 1 of this Article must comply with Articles 8 thru 13 of this Decree. Contents and levels of expenditures for other activities specified in Clause 1 of this Article shall be determined under the current spending regimes applicable to state agencies and public non-business units and in accordance with law.

3. Based on local budget balancing capacity and practical conditions, provincial-level People’s Committees shall consider and decide on expenditure levels higher than those specified in this Decree.

4. Contents and levels of expenditures for the prevention and control of harms of liquor and beer abuse using financial aid sources or other lawful financial sources must comply with regulations of donors and law.

Article 8.Contents and levels of expenditures for public information, education and communications about prevention and control of harms of liquor and beer abuse among population, agencies and organizations

1. Contents and levels of expenditures for making bulletins, reportages and talk shows about prevention and control of harms of liquor and beer abuse must comply with the Government’s Decree No. 18/2014/ND-CP of March 14, 2014, providing royalties for press works and publications, and relevant documents.

2. Expenses for organization of exchanges, meetings, communication and advocacy of the prevention and control of harms of liquor and beer abuse:

a/ Expenses for drinking water for participants: VND 20,000/person/session; expenses for payment of remuneration for participants: VND 50,000/person/session;

b/ Expenses for payment of remuneration for rapporteurs: VND 200,000/person/session;

c/ Expenses for documents: not exceeding VND 15,000/person;

d/ Expenses for renting meeting halls, backgrounds, tables and chairs, public-address systems (if any) which must be stated in contracts, receipts or financial invoices (in case of hiring services);

dd/ Expenses for broadcasting (writing, editing, broadcasting): VND 100,000/350-word page; remuneration for anchors: VND 20,000/session;

e/ Expenses for writing and printing communication documents, which must be based on local market prices and comply with law.

3. Expenses for cultural and art performances about prevention and control of harms of liquor and beer abuse in the community:

a/ The maximum remuneration for practicing new performances must not exceed VND 70,000/person/training session. The maximum number of training sessions for a new performance is 10;

b/ The maximum remuneration for a performance must not exceed VND 150,000/person/performance.

4. Expenses for hiring hosts and artists for art performances at meetings and communications campaigns for prevention and control of harms of liquor and beer abuse:

a/ For hosting: VND 2,000,000/host/session;

b/ For cultural and art performances: VND 300,000/artist/session. The maximum number of training and performing sessions of a performance is 10.

5. Expenses for activities of mobile propaganda teams in propaganda campaigns for prevention and control of harms of liquor and beer abuse among population, agencies, units and organizations:

a/ Expenses for supporting direct participants in mobile propaganda teams for prevention and control of harms of liquor and beer abuse in the community are VND 100,000/person/propaganda session; and VND 50,000/person/training session.

b/ Expenses for fuel or rental of vehicles, taking of documentary photos, propaganda and advocacy devices and equipment and other activities must be based on invoices, receipts, local market prices and in accordance with law.

6. Remuneration for collaborators of propaganda about prevention and control of harms of liquor and beer abuse under the Ministry of Public Health’s guidance on propaganda collaborators is VND 150,000/person/month.

Article 9.Expenses for organization of contests or initiatives on prevention and control of harms of liquor and beer abuse

1. The maximum level for preparing contest questions and answers (if any) is VND 1,000,000/set of contest questions.

2. The maximum level of remuneration for marking of contestants, contest jury and announcement of contest results is VND 500,000/person/session.

3. The maximum level of remuneration for members of a contest organizing board and contest secretariat is VND 350,000/person/session.

4. Prizes:

a/ For central-level contests, the maximum value of a collective prize and an individual prize is VND 20,000,000 and VND 15,000,000, respectively;

b/ For provincial-level contests, the maximum value of a collective prize and an individual prize is VND 10,000,000 and VND 5,000,000, respectively;

c/ For district-level contests, the maximum value of a collective prize and an individual prize is VND 5,000,000 and VND 2,000,000, respectively;

d/ For grassroots contests, the maximum value of a collective prize and an individual prize is VND 2,000,000 and VND 1,000,000, respectively;

5. Expenses for summing up and reporting of contest results must not exceed VND 1,000,000/report.

6. Meal, lodging and travel allowances for members of a contest organizing board or council during the contest must comply with the Ministry of Finance’s regulations on working trip allowances for state cadres, civil servants and public employees.

7. Meal, lodging and travel allowances for contestants (including those for no more than 10 training and contest days) are meal and accommodations allowances for delegates not salaried by the state budget under the Ministry of Finance’s current regulations on conference expenditures and working trip allowances. Persons that have been entitled to the above allowances may not have such allowances provided by their agencies.

8. Collection of information and documents and setting up of a computerized database system (for online contests) must comply with law.

9. Expense for hiring hosts is VND 2,000,000/person/session.

10. Expense for renting meeting halls and equipment for stage contests is based on invoices and documents.

11. Expense for hiring artists for art performances is VND 300,000/person/session. The total number of training sessions and performances for a program must not exceed 10.

12. Other expenses for contests must comply with the State’s current regulations. In case expenses have not been specified, heads of contest organizing agencies shall decide on expenses within their estimated state budget allocations.

13. Depending on the scale of contests (at central, provincial,  district or grassroots level), competent authorities shall decide on specific expenses which must not exceed the maximum levels of expenses specified in this Article.

Article 10.Contents and levels of expenditures for counseling on liquor and beer detoxification

1. Expenses for setting up of detoxification counseling rooms or sections, including telephones, computers, equipment and other supplies, must comply with the laws on bidding and the state budget.

2. Expenses for compiling and printing documents for provision of counseling on liquor and beer detoxification are those actually paid and appropriate to different counseling contents.

3. Expenses for payment of remuneration for liquor and beer detoxification counselors:

a/ Remuneration for liquor and beer detoxification counselors shall be paid under labor contracts. Wages and allowances of employees shall be paid under agreements based on their labor productivity and work quality and efficiency and regulations on salaries and wages;

b/ Remuneration for medical workers engaged in counseling on liquor and beer detoxification and working in night shift or overtime must comply with the Labor Code and documents guiding the payment of wages for night shift and overtime work of cadres, civil servants, public employees and workers.

4. Expenses for electricity, water, stationery and document photocopying for normal activities of counseling establishments are those actually paid which must not exceed VND 5,000,000/month/establishment.

5. Expenses for call centers for liquor and beer detoxification counseling depend on counseling contents and time.

Article 11.Expenses for screening and early detection of health hazards of drinkers; persons who are diseased or suffer functional disorders due to liquor and beer abuse; liquor and beer addicts

1. Expenses for purchase of equipment, supplies, documents and stationery must comply with the laws on the state budget and bidding.

2. Expenses for compiling and printing documents to be used in screening and early detection activities are those actually paid and depending on professional operations.

3. Expenses for payment of remuneration for persons performing screening work:

a/ Expenses for employees working under labor contracts: Wages and allowances of these employees shall be paid under agreements based on their labor productivity and work quality and efficiency and the law on salaries and wages;

b/ Allowance for medical workers and collaborators engaged in screening work is VND 20,000/time/person;

c/ Allowances for medical workers engaged in screening work and working in night shifts or overtime must comply with the Labor Code and documents guiding the payment of wages for night shift and overtime work for cadres, civil servants, public employees and workers.

4. Expenses for subclinical examination according to the Ministry of Health’s professional protocols for health insurance card holders covered by health insurance must comply with the Minister of Health’s regulations.

Article 12.Expenses for development and launch of health community initiatives and models for limited use of liquors and beer

1. Expenses for studying and developing health community initiatives and models for limited use of liquors and beer must comply with regulations on contents and levels of expenses for research, investigation, survey and assessment.

2. The maximum expense for formulating schemes and projects on health community initiatives and models for limited use of liquors and beer is VND 20,000,000/scheme or project.

3. Remuneration for collaborators taking part in the realization of initiatives and models is VND 100,000/day or VND 2,000,000/month.

4. Other expenses are those actually paid as stated in invoices and documents in accordance with law.

Article 13.Expenses for operation of the Steering Committee for Prevention and Control of Harms of Liquor and Beer Abuse

Expenses for meetings and conferences and working trip allowances for those engaged in supervision and inspection of the prevention and control of harms of liquor and beer abuse according to assigned tasks of the Steering Committee and other lawful expenses must comply with the law on the state budget and regulations on operation of interdisciplinary coordinating organizations.

Chapter IV

RESPONSIBILITY TO CARRY OUT PUBLIC INFORMATION, EDUCATION AND COMMUNICATIONS ABOUT, AND TO PERFORM THE STATE MANAGEMENT OF, PREVENTION AND CONTROL OF HARMS OF LIQUOR AND BEER ABUSE

Article 14.Responsibility to carry out public information, education and communications about prevention and control of harms of liquor and beer abuse

1. Ministries, ministerial-level agencies and provincial-level People’s Committees shall organize public information, education and communications about prevention and control of harms of liquor and beer abuse within the ambit of their functions and tasks, and in the fields or localities under their management.

2. Heads of agencies and organizations shall proactively organize or participate in organizing public information, education and communications about prevention and control of harms of liquor and beer abuse within the ambit of their functions and tasks, and in the fields or localities under their management, specifically as follows:

a/ To organize public information, education and communications about prevention and control of harms of liquor and beer abuse according to the purposes, requirements and contents specified in the Law on Prevention and Control of Harms of Liquor and Beer Abuse by methods suitable to different targeted subjects and practical local conditions;

b/ To incorporate public information, education and communications about prevention and control of harms of liquor and beer abuse in their annual operation plans;

c/ To create favorable conditions for, and encourage their attached persons and units to participate in, communications campaigns and activities for prevention and control of harms of liquor and beer abuse.

3. Education institutions shall organize public information, education and communications about harms of liquor and beer abuse in a fashion suitable to their pupils and students.

4. Medical establishments shall organize public information, education and communications about prevention and control of harms of liquor and beer abuse to their patients and patient relatives, and people undergoing medical examination and treatment and using their services.

5. Individuals and families shall participate in and advocate activities of public information, education and communications about prevention and control of harms of liquor and beer abuse.

Article 15.General responsibilities of ministries, ministerial-level agencies and government-attached agencies in the state management of prevention and control of harms of liquor and beer abuse

1. To promulgate according to their competence, or propose to competent authorities for promulgation, and organize the implementation of, policies, plans and legal documents on prevention and control of harms of liquor and beer abuse.

2. To organize training and further training courses to provide professional knowledge and improve professional skills related to prevention and control of harms of liquor and beer abuse in the fields under their management.

3. To organize public information, communication, dissemination and education about the law on prevention and control of harms of liquor and beer abuse.

4. To carry out inspection, examination, commendation and reward, and handle violations of the law on prevention and control of harms of liquor and beer abuse within the ambit of their functions and tasks in the fields under their management.

5. To make periodical and unscheduled reports on prevention and control of harms of liquor and beer abuse in the fields under their management.

Article 16.State management responsibilities of the Ministry of Health

1. To propose to the Government and Prime Minister for promulgation, or promulgate according to its competence, legal documents and policies on prevention and control of harms of liquor and beer abuse.

2. To formulate, and guide the implementation of, programs, plans and activities on prevention and control of harms of liquor and beer abuse.

3. To assume the prime responsibility for, and coordinate with ministries, sectors and provincial-level People’s Committees in, organizing public information, education and communications about prevention and control of harms of liquor and beer abuse; to act as a focal point for compiling model and standard documents on prevention and control of harms of liquor and beer abuse to serve public information, education and communications; to formulate a scheme on organization of communications campaigns for prevention and control of harms of liquor and beer abuse, and submit it to the Prime Minister for promulgation, and guide and organize implementation nationwide; to provide scientific information and recommendations for people and communities about harms of liquor and beer abuse, health hazards of drinking liquors and beer, persons, diseases and medical conditions for whom/which liquor and beer drinking is not allowed, and measures to mitigate harms of liquor and beer abuse.

4. To provide professional guidance on services of screening, early detection, prophylaxis and medical intervention, functional rehabilitation, prevention and control of liquor and beer addiction and relapse into alcohol addition, and provision of healthcare services to liquor and beer addicts.

5. To develop and maintain a system for collecting and analyzing information and data on actual consumption of liquors and beer, and their effects on the people’s health, society and economy every 5 years, including drinking rate, hazardous drinking rate, rate of risk factors and disorders associated with drinking of liquors and beer among liquor and beer drinkers and other necessary indicators to serve as a basis for formulating and improving policies and laws on prevention and control of harms of liquor and beer abuse.

6. To inspect and urge the prevention and control of harms of liquor and beer abuse by ministries, sectors and localities; to sum up and report to the Government results of prevention and control of harms of liquor and beer abuse.

Article 17.State management responsibilities of the Ministry of Industry and Trade

1. To propose to the Government and Prime Minister for promulgation, or promulgate according to its competence, legal documents on liquor and beer trading management and prevention and control of harms of liquor and beer abuse in liquor and beer production and trade; to promulgate national technical regulations and food safety limits for liquors and beer and organize the implementation thereof.

2. To manage liquor and beer trading conditions; food safety; sales promotion and sponsorship; product labeling; places where sale of liquors and beer is prohibited and people to whom liquors and beer are not allowed to be sold; prevention and disposal of illegally imported, counterfeit, inferior-quality and unsafe liquors and beer; opening of new shops for sale of liquors and beer for on-spot use at the minimum distance specified in Clause 7, Article 32 of the Law on Prevention and Control of Harms of Liquor and Beer Abuse.

3. To summarize statistical data on liquors manually produced for non-commercial purposes; to direct, guide and urge the implementation of measures to enhance the management of manual production of liquors nationwide.

4. To organize public information, education and communications about prevention and control of harms of liquor and beer abuse in the liquor and beer trading management; to guide households and individuals engaged in manual liquor production to ensure food safety in accordance with law; to disseminate, mobilize and guide households and individuals engaged in manual liquor production to complete procedures for application for liquor production licenses and register with commune-level People’s Committees the sale of liquors to licensed establishments for re-processing, and declare that their manual liquor production is for non-commercial purposes.

5. To develop and maintain a system for collecting and analyzing information and data on liquor and beer production and trading to serve as a basis for developing and completing policies and laws on prevention and control of harms of liquor and beer abuse.

Article 18.State management responsibilities of the Ministry of Public Security

1. To perform its state management function of prevention and control of harms of liquor and beer abuse in the fields under its management and take state management measures to prevent traffic accidents caused by drinking of liquors and beer; to direct the intensification of patrol and control measures and handling of violations of regulations on alcohol concentration in blood or breath of motor vehicle operators.

2. To organize public information, communication, dissemination and education among the population about knowledge and laws related to alcohol concentration in blood or breath of motor vehicle operators and sanctions to be imposed on violators, and mobilize people to comply with law.

Article 19.State management responsibilities of the Ministry of Education and Training

1. To formulate contents on, and organize public information, education and communications, about harms of liquor and beer abuse and prevention and control thereof, in a fashion suitable to pupils and students.

2. To provide guidance on skills of counseling and detecting children, pupils and students affected by harms of liquor and beer abuse at education institutions.

3. To coordinate with related agencies and organizations in providing healthcare to, and assisting and protecting children, pupils and students in the prevention and reduction of harms of liquor and beer abuse.

4. To direct, inspect and supervise the implementation of regulations on prohibition of drinking and sale of liquors and beer at education institutions in accordance with law.

Article 20.State management responsibilities of the Ministry of Labor, Invalids and Social Affairs

1. To assume the prime responsibility for, and coordinate with related agencies and organizations in, guiding and organizing the prevention and control of harms of liquor and beer abuse on children and the elderly.

2. To formulate contents and organize public information, education and communications about harms of liquor and beer abuse and prevention and control thereof in a fashion suitable to ages of learners at vocational education institutions; to organize public information, education and communications among employees about harms of liquor and beer abuse, prohibition of drinking of liquors and beer before and during working and learning hours, during rest hours, and prohibition of machinery operation after consumption of liquors or beer.

3. To direct, inspect and supervise the implementation of regulations on prohibition of drinking and sale of liquors and beer at vocational education institutions and prohibition of employment of under-18 persons in the production and trading of liquors and beer.

Article 21.State management responsibilities of the Ministry of Culture, Sports and Tourism

1. To organize the implementation of measures to control liquor and beer advertising in the fields under their management.

2. To include public information, education, communications about prevention and control of harms of beer and liquor abuse, and measures to limit the use of liquors and beer in cultural, sports and tourist activities and family life; to guide and mobilize residential communities to limit or refrain from drinking liquors and beer at funerals, weddings and festivals; to guide and inspect the implementation of regulations on the limited use of images of liquor or beer drinking in movies, on stage or television.

Article 22.State management responsibilities of the Ministry of Information and Communications

1. To implement measures to control advertising in the fields under its management; to direct the intensification of measures to detect and handle violations of regulations on online liquor and beer advertising.

2. To organize the implementation of public information, education, communications measures for prevention and control of harms of liquor and beer abuse; to direct communications and press agencies in disseminating information about prevention and control of harms of liquor and beer abuse.

Article 23.State management responsibilities of the Ministry of Transport

1. To organize the implementation of measures to prevent traffic accidents associated with drinking of liquors and beer in the fields under its management.

2. To formulate contents and organize training in prevention and control of harms of liquor and beer in driver training programs.

Article 24.State management responsibility of the Ministry of Finance

To perform the state management of management and use of funds for prevention and control of harms of liquor and beer abuse in accordance with the Law on the State Budget.

Article 25.State management responsibilities of People’s Committees at all levels

1. People’s Committees of provinces and centrally run cities (before referred to as provincial-level People’s Committees) shall perform the state management of prevention and control of harms of liquor and beer abuse within the ambit of their functions and tasks in their localities, specifically as follows:

a/ To promulgate according to their competence, or propose to competent authorities for promulgation, documents guiding and providing measures to implement, the law on prevention and control of harms of liquor and beer abuse;

b/ To make plans and allocate funds for prevention and control of harms of liquor and beer abuse on an annual basis;

c/ To organize the implementation of measures to intensify the management of manual liquor production; to annually review and make statistics on the number of households, organizations and individuals engaged in manual liquor production in their provinces for submitting them to the Ministry of Industry and Trade for summarization and reporting to the Government; to mobilize and create favorable conditions regarding procedures and dossiers for households and individuals engaged in manual liquor production without licenses to carry out procedures for applying for liquor production licenses under regulations, or register with People’s Committees of communes, wards or townships (below referred to as commune-level People’s Committees the sale of liquors to licensed establishments for re-processing; households, organizations and individuals engaged in manual liquor production for non-commercial purposes shall send written declarations of liquor output permitted for production, scope of use and commitments not to sell liquors on the market, made according to the form provided by the Minister of Industry and Trade, to commune-level People’s Committees; to guide households, organizations and individuals engaged in manual liquor production for non-commercial purposes in complying with regulations on food safety; to inspect quality of liquors manually produced and sold in their provinces;  to prevent and control counterfeit, illegally imported and inferior-quality liquors and beer, and carry out other activities related to the prevention and control of harms of liquor and beer abuse;

d/ To direct and organize public information, education and communications about prevention and control of harms of liquor and beer abuse; to guide and organize the implementation of communications campaigns on prevention and control of harms of liquor and beer abuse;

dd/ To direct and organize inspection and examination of prevention and control of harms of liquor and beer abuse, settle complaints and denunciations and handle violations of the law on prevention and control of harms of liquor and beer abuse;

e/ To make and submit annual reports on prevention and control of harms of liquor and beer abuse in their localities to the Ministry of Health for summarization and submission to the Government.

2. People’s Committees of rural districts, urban districts, towns, provincial cities and equivalent administrative units (below referred to as district-level People’s Committees) shall perform the state management of prevention and control of harms of liquor and beer abuse within the ambit of their functions and tasks in their localities, specifically as follows:

a/ To direct and organize public information, education and communications about prevention and control of harms of liquor and beer abuse; to organize communications campaigns for prevention and control of harms of liquor and beer abuse;

b/ To organize the implementation of measures to intensify the management of, and ensure food safety in, manual liquor production in their localities as assigned by provincial-level People’s Committees; to guide households, organizations and individuals engaged in manual liquor production for non-commercial purposes in complying with regulations on food safety; to inspect quality of manually produced and sold liquors in their localities;

c/ To direct and organize inspection and examination of prevention and control of harms of liquor and beer abuse; to settle complaints and denunciations and handle violations of the law on prevention and control of harms of liquor and beer abuse;

d/ To submit annual reports on prevention and control of harms of liquor and beer abuse in their localities to provincial-level People’s Committees.

3. Commune-level People’s Committees shall perform the state management of prevention and control of harms of liquor and beer abuse within the ambit of their functions and tasks in their localities, specifically as follows:

a/ To organize public information, education and communications on prevention and control of harms of liquor and beer abuse; to organize communications campaigns for prevention and control of harms of liquor and beer abuse;

b/ To organize the implementation of measures to intensify the management of, and ensure food safety in, manual liquor production in their localities as assigned by district-level People’s Committees; to mobilize and assist households, organizations and individuals in registering sale of liquors to licensed establishments for re-processing, households and individuals engaged in manual liquor production for non-commercial purposes in sending written declarations of liquor quantity permitted for production, scope of use and commitments not to sell liquors on the market, made according to the form provided by the Minister of Industry and Trade;

c/ To take prompt prevention, assistance and intervention measures for children whose parents are liquor and beer addicts in accordance with the law on prevention and control of domestic violence;

d/ To direct and organize inspection and examination of prevention and control of harms of liquor and beer abuse; to settle complaints and denunciations and handle violations of the law on prevention and control of harms of liquor and beer abuse;

dd/ To organize, mobilize, guide, and bring into full play the role of, residential street groups, villages and associations and unions in their localities and communities to participate in the prevention and control of harms of liquor and beer abuse;

e/ To annually report on results of prevention and control of harms of liquor and beer abuse in their localities to district-level People’s Committees.

Chapter V

IMPLEMENTATION PROVISIONS

Article 26.Effect

This Decree takes effect on February 24, 2020.

Article 27.Organization of implementation and implementation responsibility

1. The Ministry of Health shall assume the prime responsibility for, and coordinate with other ministries and ministerial-level agencies in, organizing the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairpersons of provincial-level People’s Committees shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC