For the first time, the Law on Prevention and Control of Harmful Effects of Alcohol Beverages (Law on Anti Alcohol 2019) was adopted by the National Assembly on 15 June 2019. Law on Anti Alcohol 2019 will take effect from 1 January 2020. Below are summaries of certain key issues of this:

· The Law on Anti Alcohol 2019 provides new definition of spirit and beer; Accordingly, the scope of spirit in Law on Anti Alcohol 2019 is wider than that of Decree 105/2017 and includes spirits of less than 5% ABV;

· Driving with alcoholic content in the blood or breath is prohibited regarless of the quantity of alcoholic content in the blood or breath;

· Sales promotion of spirit and beer having 15% and more ABV are prohibited. However, it should be noted that under Decree 81/2018, promotion of all spirits are prohibited regardless of its ABV level;

· Drinking spirit and beer is forbidden in certain public placses such as (1) health facilities, (2) educational institutions during teaching, learning and working hours, (3) nursing care centers and recreational centers for minors, (4) rehabilitation centers, compulsory educational institutions, reform schools, prisons and other detention facilities, (5) social protection centers, (6) workplaces of regulatory authorities, political organizations, socio-political organizations, socio-political-professional organizations and public service providers during working hours, except for places where the trade in alcoholic beverages is allowed;

· New restrictions on advertising spirit and beer of less than 5% ABV are provided under Article 12 of the Law on Anti Alcohol 2019;

· In addition to complying with the restrictions on advertising spirit and beer of less than 5% ABV, spirit and beer of 5% ABV to less than 15% ABV is not allowed to be advertised (1) in the programs and activities on culture (văn hoá), drama (sân khấu), cinema (điện ảnh), and sports (thể thao), and (2) on outdoor advertising facilities, except for signboards of spirit and beer trading establishments (cơ sở kinh doanh);

· organization and individual trading on spirit and beer is allowed to give sponsor;

· Online trading of spirit and beer which meets certain requirements is allowed. This is different from current regulations under Decree 105/2017.

This post is writen by Ha Kieu Anh and edited by Nguyen Quang Vu.

Vietnam Business Law