Law on Prevention and Control of Harms of Liquor and Beer Abuse, Law No. 44/2019/QH14

Order

On the promulgation of law

THE PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to Articles 88 and 91 of the Constitution of the Socialist Republic of Vietnam;

Pursuant to Article 80 of the Law on Promulgation of Legal Documents,

PROMULGATES:

The Law on Prevention and Control of Harms of Liquor and Beer Abuse,

which was passed on June 14, 2019, by the XIV^thNational Assembly of the Socialist Republic of Vietnam at its 7^thsession.

President of the Socialist Republic of Vietnam
NGUYEN PHU TRONG

LAW

On Prevention and Control of Harms of Liquor and Beer Abuse^[1]

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on Prevention and Control of Harms of Liquor and Beer Abuse.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Law prescribes measures to reduce liquor and beer consumption level; measures to manage liquor and beer supply; measures to reduce harms of liquor and beer abuse; conditions for ensuring the prevention and control of harms of liquor and beer abuse; and the state management and responsibilities of agencies, organizations and individuals in the prevention and control of harms of liquor and beer abuse.

Article 2.Interpretation of terms

In this Law, the terms below are construed as follows:

1.Liquormeans a beverage that contains food-grade alcohol and is produced through the process of fermentation from one material or a mixture of materials, including mainly starch of cereal grains or sugars of plants, flowers, tubers and fruits; or a beverage that is prepared from food-grade alcohol.

2.Beermeans a beverage that contains food-grade alcohol and is produced through the process of fermentation from a mixture of materials, including mainly malt, barley, yeast, hops and water.

3.Food-grade alcoholmeans an organic compound that has the molecular formula of C₂H₅OH and the scientific name of ethanol from which impurities have been removed up to the requirements for use in foods under relevant national technical regulations and is likely to cause addiction and acute poisoning.

4.Alcoholic strengthmeans the content of food-grade alcohol in liquors or beer measured based on volume percentage. Alcoholic strength is calculated in milliliters of pure ethanol in 100ml of solution at 20^oC.

5.Harms of liquor and beer abusemeans harmful impacts of liquors and beer on human health, families, the community, traffic safety, social order and safety, the economy and other social issues.

6.Liquor and beer additionmeans the state of dependence on liquors and/or beer with such characteristic manifestations as constant craving for drinking in which the volume may increase over time and inability to control or stop drinking.

7.Manual liquor productionmeans the production of liquors using traditional tools instead of industrial machinery and equipment.

8.Industrial liquor productionmeans the production of liquors using industrial machinery and equipment.

Article 3.State policies on prevention and control of harms of liquor and beer abuse

1. Taking synchronous measures to prevent and control of harms of liquor and beer abuse.

2. Prioritizing information, education and communications; reducing the availability and accessibility of liquors and beer; reduction of harms of liquor and beer abuse; tightening the management of manual liquor production; taking measures to prevent and control harms of liquor and beer abuse on children, pupils, students, adolescents and pregnant women.

3. Ensuring resources for the prevention and control of harms of liquor and beer abuse; attaching importance to the prevention and control of harms of liquor and beer abuse at grassroots medical establishments and in the community; mobilizing all social resources for the prevention and control of harms of liquor and beer abuse.

4. Promoting scientific research and technological development and the application of high, advanced and latest technologies to reduce the harms of liquor and beer abuse.

5. Commending and rewarding collectives and individuals that record achievements in the prevention and control of harms of liquor and beer abuse.

Article 4.Rights and obligations of individuals and organizations in the prevention and control of harms of liquor and beer abuse

1. To live in an environment free of harms of liquor and beer abuse.

2. To be provided with appropriate, accurate, objective, scientific and sufficient information about liquors and beer; origin and quality of liquors and beer and harms of liquor and beer abuse.

3. To report on and denounce acts of violation of the law on prevention and control of harms of liquor and beer abuse; to denounce competent agencies and persons who fail to handle violations of the law on prevention and control of harms of liquor and beer abuse.

4. To comply with the law on prevention and control of harms of liquor and beer abuse.

Article 5.Prohibited acts in the prevention and control of harms of liquor and beer abuse

1. Inciting, luring or forcing other persons to drink liquors or beer.

2. Drinking liquors or beer, for under-18 persons.

3. Selling, supplying, or offering promotional items being liquors or beer to under-18 persons.

4. Employing under-18 persons to directly take part in the liquor or beer production, purchase and sale.

5. Drinking liquors or beer before or during working and studying hours and breaks, for cadres, civil servants, public employees and employees in agencies and organizations, officers, non-commissioned officers, professional army men, soldiers and persons working in the people’s armed forces, pupils and students.

6. Driving a vehicle with an alcohol concentration in blood or breath.

7. Advertising liquors with an alcoholic strength of 15% or higher.

8. Providing inaccurate or untruthful  information about health effects of liquors and beer.

9. Offering sales promotion in the trading of liquors and beer with an alcoholic strength of 15% or higher; using liquor and beer with an alcoholic strength of 15% or higher for sales promotion in any form.

10. Using materials, additives or processing aids banned from use in foods; using materials, food additives or food processing aids that are of inferior quality and unclear origin in liquor or beer production and preparation.

11. Trading in liquors without a license or registration; selling liquors and beer from vending machines.

12. Trading in, stockpiling and transporting counterfeit or smuggled liquors and beer that are of inferior quality and unclear origin; illegally importing liquors and beer.

13. Other liquor- and beer-related prohibited acts prescribed by law.

Chapter II

MEASURES TO REDUCE LIQUOR AND BEER CONSUMPTION LEVEL

Article 6.Purposes and requirements of information, education and communications about the prevention and control of harms of liquor and beer abuse

1.Information, education and communications aim to raise public awareness, shape behaviors and change harmful habits in order to prevent and control harms of liquor and beer abuse to human health, families, the community, traffic safety, social order and safety, the economy and other social issues.

2. Information, education and communications about the prevention and control of harms of liquor and beer abuse must satisfy the following requirements:

a/ Being accurate, objective and scientific;

b/ Being frequent, appropriate, easy to access and effective for every subject, professional level, age and gender; being conformable to traditions, culture, national identity, religions and traditional customs; attaching importance to pupils, students, adolescents, pregnant women, and individuals, organizations and family households engaged in manual liquor production.

Article 7.Contents of information, education and communications about the prevention and control of harms of liquor and beer abuse

1. The State’s policies and laws on prevention and control of harms of liquor and beer abuse; prohibited acts in the prevention and control of harms of liquor and beer abuse; sanctions to be imposed on violators and mobilization of individuals and organizations to comply with the law on prevention and control of harms of liquor and beer abuse.

2. Rights and obligations of individuals and responsibilities of agencies, organizations, families and communities in the prevention and control of harms of liquor and beer abuse.

3. Harms of liquor and beer abuse; harms of counterfeit liquors and beer that fail to ensure food quality and safety; degrees of risk of drinking liquors or beer; measures to reduce harms of liquor and beer abuse.

4. Illness and health status that require abstinence from drinking and persons who should not drink liquors or beer; age at which people should not drink liquors or beer.

5. Skills to refuse liquors and beer; skills to recognize and deal with liquor or beer drunken persons or addicts.

6. Mobilization of people to abstain from drinking liquors and beer and not to drive vehicles or operate machinery after drinking liquors or beer.

7. Guiding households and individuals engaged in manual liquor production to assure food safety in accordance with law.

8. Disseminating information about, mobilizing and guiding households and individuals engaged in manual liquor production to carry out the procedures for grant of production licenses, register with commune-level People’s Committees the sale or liquors to licensed establishments for re-processing, and declare that their manual liquor production is for non-commercial purposes.

Article 8. Forms of information, education and communications about the prevention and control of harms of liquor and beer abuse

1. Provision of advices and guidance on law; provision and dissemination of documents.

2. In the mass media or through the public-address system or the Internet, or in panels and posters.

3. At information dissemination and provision contests.

4. Communications campaigns.

5. Integration of the prevention and control of harms of liquor and beer abuse in teaching and learning activities at educational institutions of the national education system; through cultural, art or sport activities and activities of agencies, organizations and communities and grassroots-level cultural and sport institutions.

Article 9.Responsibilities in information, education and communications about the prevention and control of harms of liquor and beer abuse

1. Agencies, organizations and individuals shall conduct information, education and communications prescribed in Articles 6, 7 and 8 of this Law.

2. The Government shall prescribe responsibilities in information, education and communications about the prevention and control of harms of liquor and beer abuse and restrictions on use of images of actors drinking liquors or beer in films, on stage or on television.

Article 10. Places where liquor and beer drinking is prohibited

1. Health establishments.

2. Educational institutions during teaching, studying and working hours.

3. Nurturing establishments, entertainment and recreational facilities exclusively for under-18 persons.

4. Compulsory rehabilitation or education institutions, reformatories, inmate detention facilities and other detention facilities.

5. Social relief establishments.

6. Offices of state agencies, political organizations, socio-political organizations, socio-political-professional organizations and public non-business units during working hours, excluding licensed liquor and beer trading places.

7. Public places prescribed by the Government.

Article 11. Management of sales promotion for liquors or beer with an alcoholic strength of under 15%

Organizations, individuals offering sales promotion for liquors or beer with an alcoholic strength of under 15% shall comply with this Law and other regulations on sales promotion.

Article 12.Management of advertisements for liquors and beer with an alcoholic strength of under 5.5%

1. Organizations and individuals advertising liquors and beer shall comply with this Law and the law on advertising.

2. Advertisements must not contain:

a/ Liquor and beer drinking inspiration information or images; information about positive effects of liquors and beer on maturity, success, friendliness and gender appeal; advertising information targeting children, pupils, students, adolescents and pregnant women;

b/ Use of objects, images, symbols, soundtracks and characters in films and product labels for children, pupils and students; use of under-18 persons or their images in liquor and beer advertisements.

3. Advertisements are prohibited in the following cases:

a/ Events, advertising media and products for under-18 persons, pupils, students, adolescents and pregnant women;

b/ Vehicles;

c/ Radio and television before, during and after children’s programs; from 18:00 to 21:00 every day, excluding advertisements in live sports broadcasts relayed from overseas and other cases prescribed by the Government;

d/ Outdoor advertising media that violates the regulations on size of media and their distance from boundaries of education institutions, nurturing establishments, entertainment and recreational facilities exclusively for under-18 persons.

4. Advertisements must contain warnings about harms of liquor and beer abuse.

5. Newswires, websites, electronic equipment, terminal devices and other telecommunications devices on which advertisements are put must have a screening technology system or software to control subscribers’ age so as to prevent under-18 persons to access, subscribe or seek liquor and beer information.

6. The Government shall detail Point d, Clause 3, Clauses 4 and 5 of this Article.

Article 13.Management of advertisements for liquors with an alcoholic strength of between 5.5% to under 15% and beer with an alcoholic strength of 5.5% or higher

Organizations or individuals advertising liquors with an alcoholic strength of between 5.5% to under 15% and beer with an alcoholic strength of 5.5% or higher shall comply with Article 12 of this Law and may not advertise:

1. In cultural, stage, cinematographic and sports programs and activities;

2. On outdoor advertising media, excluding signboards of liquor and beer trading establishments.

Article 14.Management of sponsorship of liquor and beer trading organizations and individuals

Liquor and beer trading organizations and individuals wishing to provide sponsorship shall comply with the regulations on sponsorship and may not provide sponsorship with their liquor and beer products.

Chapter III

MEASURES TO MANAGE LIQUOR AND BEER SUPPLY

Article 15.Liquor trading management

1. Conditions for an entity to be granted a license for industrial production of liquors with an alcoholic strength of 5.5% or higher:

a/ Being a lawfully established enterprise;

b/ Having industrial machinery and equipment and a technological process for liquor production suitable to the projected production scale;

c/ Satisfying the food safety and environmental protection conditions prescribed by law;

d/ Having technicians with professional qualifications and expertise relevant to liquor production.

2. Conditions for an entity to be granted a license for manual production of liquor with an alcoholic strength of 5.5% or higher for commercial purposes, excluding the cases specified in Clause 3 of this Article:

a/ Being a lawfully established enterprise, cooperative, union of cooperatives or business household;

b/ Satisfying the prescribed food safety conditions.

3. Conditions for a family household or an individual engaged in manual production of liquor with an alcoholic strength of 5.5% or higher for sale to establishments having a liquor production license for further processing:

a/ Having entered into a purchase and sale contract with the establishments having a liquor production license and registered liquor production with the People’s Committee of the commune where the production establishment is located;

b/ Satisfying the prescribed food safety conditions.

4. Conditions for an entity to be granted a license for purchase and sale of liquors with an alcoholic strength of 5.5% or higher:

a/ Having made business registration in accordance with law;

b/ Satisfying the conditions for a certain liquor purchase or sale form.

5. The Government shall detail this Article and the management of trading of liquor with an alcoholic strength of under 5.5%.

Article 16.Conditions for sale of liquors and beer via e-commerce platforms

1. Satisfying the conditions prescribed in Clauses 4 and 5, Article 15 and Article 18 of this Law.

2. Satisfying the conditions prescribed in the law on e-commerce.

3. Having applied the measures prescribed by the Government to prevent under-18 persons from accessing, subscribing and seeking liquor and beer information and buying liquors or beer.

4. Applying cashless payment methods.

Article 17.Measures to manage manual liquor production for non-commercial purposes

1. Households and individuals engaged in manual liquor production for non-commercial purposes shall send written declarations of liquor quantity permitted for production, scope of use and commitments to ensuring food safety and not selling liquors on the market, made according to the form set by the Minister of Industry and Trade, to commune-level People’s Committees. The declaration is not subject to any charge or fee.

2. People’s Committees at all levels shall guide the implementation of the law on food safety; report on quantity of manually produced liquors for non-commercial purposes and assurance of food safety during the production in their localities.

Article 18.Assurance of food quality and safety for liquors and beer

Liquors and beer traded and circulated in Vietnam must conform to standards and technical regulations, be of the prescribed product and goods quality, and satisfy the food safety conditions.

Article 19.Places where liquor and beer sale is banned

1. Health establishments.

2. Education institutions.

3. Nurturing establishments, entertainment and recreational facilities exclusively for under-18 persons.

4. Compulsory detoxification or education institutions, reformatories, inmate detention facilities and other detention facilities.

5. Social relief establishments.

6. Offices of state agencies, political organizations, socio-political organizations, socio-political-professional organizations, public non-business units, excluding licensed liquor and beer trading places.

Article 20.Prevention and disposal of counterfeit liquors and beer failing to ensure food quality and safety; smuggled liquors and beer of unclear origin

1. Counterfeit liquors and beer failing to ensure food quality and safety; and smuggled liquor and beer of unclear origin shall be confiscated and disposed of in accordance with law.

2. Organizations and individuals shall coordinate with, and join competent agencies in, preventing and controlling counterfeit liquors and beer failing to ensure food quality and safety; and smuggled liquors and beer of unclear origin.

3. The Ministry of Industry and Trade and Ministry of Health shall, within the ambit of their respective tasks and powers, guide the addition of color indicators to alcoholic products banned from use in foods so as to distinguish them from food-grade alcohol, and prevent the preparation of liquors from alcoholic products banned from use in foods.

Chapter IV

MEASURES TO REDUCE HARMS OF LIQUOR AND BEER ABUSE

Article 21.Prevention of liquor- and beer-related traffic accidents

1. Vehicle operators must not drink liquors or beer before and when joining traffic.

2. Heads of transportation enterprises and vehicle owners shall take the initiative in taking measures to prevent and detect vehicle operators’ drinking liquors and beer before and while joining traffic.

3. Competent agencies and persons shall examine the alcohol concentration in the blood or breath of vehicle operators who are joining traffic or have caused traffic accidents.

4. The Ministry of Transport shall elaborate training contents and provide training on prevention and control of harms of liquor and beer abuse in training programs for vehicle operation licenses or driver licenses under its management.

Article 22.Prevention, intervention and reduction of harms of liquor and beer abuse on health

1. Measures to prevent, intervene and reduce harms of liquor and beer abuse on health include:

a/ Counseling on the prevention and control of harms of liquor and beer abuse to persons seeking medical examination and treatment at medical establishments;

b/ Screening and early detection of health risks in liquor or beer drinkers; persons contracting diseases or suffering from functional disorder associated with liquor and beer abuse; liquor and beer addicts;

c/ Making intervention to reduce harms on people with poor health, pregnant women with fetal alcohol syndrome or liquor poisoning risks; prevention and control of liquor and beer addiction and alcohol relapse;

d/ Diagnosis, treatment, provision of physical rehabilitation for persons with alcohol use disorder.

2. Medical establishments shall apply measures specified in Clause 1 of this Article under the Ministry of Health’s professional and technical guidance.

Article 23.Counseling on prevention and control of harms of liquor and beer abuse

1. Counseling on the prevention and control of harms of liquor and beer abuse covers:

a/ Information, knowledge and laws on prevention and control of harms of liquor and beer abuse;

b/ Measures to reduce harms of liquor and beer abuse; liquor and beer refusal skills; skills to identify and behave towards and handle liquor or beer drunken persons or addicts.

2. Counseling on the prevention and control of harms of liquor and beer abuse shall be focused on the following persons:

a/ Frequent liquor and beer drinkers;

b/ Liquor and beer addicts;

c/ Members of families having frequent liquor or beer drinkers or addicts;

d/ Children, pupils, students, adolescents, pregnant women;

dd/ Persons affected by harms of liquor and beer abuse.

3. Commune-level People’s Committees shall assume the prime responsibility for, and coordinate with Vietnam Fatherland Front Committees at the same level and member organizations of the Vietnam Fatherland Front in, guiding and creating conditions for counseling on the prevention and control of harms of liquor and beer abuse in their localities.

4. The State shall create conditions and encourage organizations and individuals to give counseling on the prevention and control of harms of liquor and beer abuse to the community’s members.

5. Agencies, organizations and individuals shall, within the ambit of their functions and tasks, give counseling specified in Clauses 1 and 2 of this Article.

Article 24.Measures to prevent harms of liquor and beer abuse in communities

1. To disseminate the law on prevention and control of harms of liquor and beer abuse and mobilize families, members of organizations and communities to participate in disseminating and complying with the law on prevention and control of harms of liquor and beer abuse.

2. To incorporate the prevention and control of harms of liquor and beer abuse in cultural, art and sports and lifestyle-building movements and activities and other activities in communities.

3. To mobilize and encourage liquor and beer restrictions or ban at wedding parties, funerals and festivals in localities to be prescribed in village conventions.

4. To mobilize organizations and individuals not to use liquors and beer of unclear origin or liquors and beer having not undergone food safety test.

5. To detect and report liquor and beer drunken persons or addicts in order to make warnings, prevent and handle acts affecting social order and security.

Article 25. Care for, support and protection of, children, women and other vulnerable people to prevent and control harms of liquor and beer abuse

1. Measures to take care of, help and protect children, women and other vulnerable people in order to prevent and reduce harms of liquor and beer abuse include:

a/ Counseling on harms of liquor and beer abuse to fetuses and children for women of childbearing age, pregnant women and breastfeeding women; and persons affected by liquors or beer when they use services at medical establishments; social aid establishments; and establishments rendering support for domestic violence victims;

b/ Intervention, support and application of measures to ban contact with and ensure safety for children, women and other vulnerable persons in accordance with the law on domestic violence prevention and control so that they will not be affected by harms of liquor abd beer abuse.

c/ The deterrent measures specified by law.

2. The measures specified in Clause 1 of this Article must be integrated into programs, plans and activities related to children, women and other vulnerable persons.

3. Agencies, organizations, families and individuals shall comply with Clauses 1 and 2 of this Article in commensurate with their functions and tasks.

Chapter V

CONDITIONS FOR ENSURING THE PREVENTION AND CONTROL OF HARMS OF LIQUOR AND BEER ABUSE

Article 26. Funds for the prevention and control of harms of liquor and beer abuse

1. Funds for the prevention and control of harms of liquor and beer abuse come from:

a/ The state budget;

b/ Other lawful sources.

2. Funds for the prevention and control of harms of liquor and beer abuse shall be allocated, managed and used for proper and effective purposes and in accordance with law.

3. The Government shall prescribe reasons for and levels of expenditures for the prevention and control of liquor and beer abuse funded by the state budget.

Article 27.Professional knowledge training and retraining for persons engaged in the prevention and control of harms of liquor and beer abuse

1. Persons engaged in the prevention and control of harms of liquor and beer abuse may receive professional knowledge training and retraining suitable to their assigned responsibilities.

2. Grassroots medical workers and collaborators involved in the prevention and control of harms of liquor and beer abuse shall be prioritized to take part in refresher courses to improve their capacity and professional knowledge on the prevention and control of harms of liquor and beer abuse.

Article 28. Handling of violations of the law on prevention and control of harms of liquor and beer abuse

1. Organizations and individuals that commit acts of violation of the law on prevention and control of harms of liquor and beer abuse shall, depending on the nature and severity of their violations, be disciplined, administratively sanctioned or examined for penal liability and if causing any damage, pay compensations in accordance with law.

2. Competent agencies and persons may use technical and professional means and equipment for detecting and promptly handling acts of violation of the law on prevention and control of harms of liquor and beer abuse.

3. The Government shall prescribe the sanctioning of administrative violations in the prevention and control of harms of liquor and beer abuse.

Chapter VI

STATE MANAGEMENT AND RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS AND INDIVIDUALS IN THE PREVENTION AND CONTROL OF HARMS OF LIQUOR ẠND BEER ABUSE

Article 29. State management of the prevention and control of harms of liquor and beer abuse

1. Promulgation and making proposals to competent authorities on promulgation and organization of the implementation of policies, laws and plans on the prevention and control of harms of liquor and beer abuse.

2. Information, communication and education about the prevention and control of harms of liquor and beer abuse.

3. Training and retraining on the prevention and control of harms of liquor and beer abuse.

4. Making of statistics on, preliminary review and review of, and making periodical reports on, the prevention and control of harms of liquor and beer abuse.

5. Inspection, examination and handling of illegal acts and settlement of complaints and denunciations in the prevention and control of harms of liquor and beer abuse.

6. Scientific research and international cooperation in the prevention and control of harms of liquor and beer abuse.

Article 30.State management responsibility for the prevention and control of harms of liquor and beer abuse

1. The Government shall perform the unified state management of the prevention and control of harms of liquor and beer abuse.

2. The Ministry of Health shall act a focal agency to assist the Government in performing the state management of the prevention and control of harms of liquor and beer abuse.

3. Other ministries and ministerial-level agencies shall, within the ambit of their tasks and powers, perform the state management of the prevention and control of harms of liquor and beer abuse.

4. People’s Committees at all levels shall, within the ambit of their tasks and powers, perform the state management of the prevention and control of harms of liquor and beer abuse in their localities.

Article 31. Responsibilities of the Vietnam Fatherland Front and its member organizations and socio-professional organizations, social organizations

1. The Vietnam Fatherland Front and its member organizations shall, within the ambit of their functions and tasks, organize education and communication on policies and law on prevention and control of harms of liquor and beer abuse and mobilize people, trade union members and their members to comply with such policies and law; incorporate the prevention and control of harms of liquor and beer abuse in agencies and organizations’ internal regulations; contribute law-making opinions, supervise and make social critics on the prevention and control of harms of liquor and beer abuse in accordance with law.

2. The Ho Chi Minh Communist Youth Union shall:

a/ Perform the responsibilities specified in Clause 1 of this Article;

b/ Communicate and educate children, pupils, students and adolescents not to drink liquors and beer;

c/ Coordinate with related agencies and organizations in protecting and helping children, pupils, students and adolescents affected by harms of liquor and beer abuse;

d/ Integrate the prevention and control of harms of liquor and beer abuse in its activities.

3. The Vietnam Women’s Union shall:

a/ Perform the responsibilities specified in Clause 1 of this Article;

b/ Coordinate with related agencies and organizations in protecting and helping women and children affected by harms of liquor and beer abuse;

c/ Integrate the prevention and control of harms of liquor and beer abuse in its activities.

4. Socio-professional organizations and social organizations shall, within the ambit of their functions and tasks, educate and disseminate policies and law on the prevention and control of harms of liquor and beer abuse and mobilize people to implement such policies and law; contribute opinions to the law on prevention and control of harms of liquor and beer abuse; and provide information on the prevention and control of liquor and beer in accordance with law.

Article 32.Responsibilities of liquor and beer trading establishments

1. To comply with regulations on liquor and beer trading conditions; advertisement, sales promotion, sponsorship, food safety and quality, standards and technical regulations and labeling. To ensure that information about liquor and beer products is accurate and rational.

2. To provide sufficient and accurate information about their trading activities at the request of competent agencies.

3. To refrain from employing under-18 persons to directly take part in liquor and beer trading or advertising activities.

4. To recall and dispose of unsafe and inferior-quality liquors and beer products that they produce or trade in under the law on food safety.

5. To put up notice boards “no liquor and beer sale to under-18 persons”. If suspecting about the buyer’s age, liquor and beer sellers may request the buyer to present evidencing paper.

6. Establishments that sell liquors and beer for on-spot use shall remind buyers of no driving after drinking and help buyers hire or use public means of transport after drinking.

7. From the effective date of this Law, to refrain from setting up new shops for sale of liquors and beer for on-spot use within 100 meters from boundaries of the nearest healthcare facilities, children daycare centers, kindergartens and general education schools.

Article 33.Responsibilities of heads of agencies and organizations for the prevention and control of harms of liquor and beer abuse

1. Heads of agencies and organizations shall, within the ambit of their tasks and powers, organize the application of measures to prevent and control harms of liquor and beer abuse; organize the strict observance of the regulations on prohibition of liquor and beer use during working hours and at workplaces of their agencies and organizations.

2. Heads of residential street groups and villages shall organize the prevention and control of harms of liquor and beer abuse under Article 24 of this Law in their communities.

3. Heads and managers of the places specified in Articles 10 and 19 of this Law shall:

a/ Make warnings about and request stoppage of violations prescribed in Articles 10 and 19 of this Law; refuse to provide services for those who continue their violations after being warned or requested;

b/ To organize the implementation, guide, inspect and urge everyone to strictly comply with the drinking ban or no liquor and beer sale at places under their management.

Article 34.Responsibilities of families in the prevention and control of harms of liquor and beer abuse

1. To educate, supervise and warn their under-18 family members about no liquor and beer drinking and other members to refrain from using liquors and beer; to encourage and help liquor and beer addicts being their members to quit using liquors and beer.

2. To guide their members in skills to say no to liquors and beer; skills to identify, behave towards, and handle liquor and beer drunken persons and addicts and the application of measures to prevent and control harms of liquor and beer abuse.

3. To join agencies, organizations and communities in the prevention and control of harms of liquor and beer abuse.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 35.Amendment and supplementation of a number of relevant laws

1. To amend and supplement Clause 8, Article 8 of Law No. 23/2008/QH12 on Road Traffic with a number of articles amended and supplemented by Law No. 35/2018/QH14 as follows:

“8. Operating on-road vehicles with blood or breath alcohol concentration.”.

2. To amend and supplement Clause 8, Article 8 of Law No. 23/2004/QH11 on the Law on Inland Waterway Navigation with a number of articles amended and supplemented by Laws No. 48/2014/QH13, No. 97/2015/QH13 and No. 35/2018/QH14 as follows:

“8. Vessel crewmembers or operators working on board such vessels and having alcoholic content or other stimulants banned from use by law in blood or breath.”.

3. To replace a number of phrases in a number of articles of Commercial Law No. 36/2005/QH11 with a number of articles amended and supplemented by Law No. 05/2017/QH14 as follows:

a/ To replace the phrase “liquor with an alcoholic strength of 30% or higher” in Clause 4, Article 100 with the phrase “liquors, beer with an alcoholic strength of 15% or higher”;

b/ To replace the phrase “liquors with an alcoholic strength of 30% or higher” in Clause 4, Article 109 with the phrase “liquor with an alcoholic strength of 15% or higher”.

Article 36.Effect

1. This Law takes effect on January 1, 2020.

2. From the effective date of this Law to January 1, 2022, the grant of licenses for manual liquor production under Clause 2, Article 15 of this Law and the registration of manual liquor production under Clause 3, Article 15 of this Law are not subject to any charge or fee.

This Law was passed on June 14, 2019, by the 14th National Assembly at its 7^thsession.-

Chairwoman of the National Assembly
NGUYEN THI KIM NGAN