Nghị định 24/2020/NĐ-CP hướng dẫn Luật Phòng, chống tác hại của rượu, bia

THE GOVERNMENT -------	THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No. 24/2020/ND-CP	Hanoi, February 24, 2020

 

DECREE

ELABORATION OF SOME ARTICLES OF THE LAW ON PREVENTION AND CONTROL OF HARMFUL EFFECTS OF ALCOHOLIC BEVERAGES

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

Pursuant to the Law on Prevention and Control of Harmful Effects of Alcoholic Beverages dated June 14, 2019;

At the request of the Minister of Health,

The Government hereby promulgates a Decree to elaborate some Articles of the Law on Prevention and Control of Harmful Effects of Alcoholic Beverages.

Chapter I

GENERAL

Article 1. Scope

This Decree elaborates some Articles of the Law on Prevention and Control of Harmful Effects of Alcoholic Beverages regarding some measures to reduce consumption and manage the supply of alcoholic beverages including public places where the consumption of alcoholic beverages is prohibited; restriction on depiction of consumption of alcoholic beverages by actors and actresses in cinematography, on stage and on television; management of advertising of spirits having less than 15% ABV and beers; implementation of measures to prevent minors from accessing and searching information and purchasing alcoholic beverages through the e-commerce system; expenditures on prevention and control of harmful effects of alcoholic beverages; responsibility for alcohol education and state management of prevention and control of harmful effects of alcoholic beverages.

Article 2. Regulated entities

This Decree applies to organizations and individuals related to prevention and control of harmful effects of alcoholic beverages.

Chapter II

SOME MEASURES TO REDUCE CONSUMPTION AND MANAGE SUPPLY OF ALCOHOLIC BEVERAGES

Article 3. Public places where consumption of alcoholic beverages is prohibited

Other than the places specified in Clauses 1, 2, 3, 4, 5 and 6 Article 10 of the Law on Prevention and Control of Harmful Effects of Alcoholic Beverages, public places where the consumption of alcoholic beverages is prohibited include:

1. Parks, except restaurants inside the boundaries of parks which have obtained licenses to trade in alcoholic beverages before the effective date of this Decree.

2. Bus stops.

3. Cinemas, theaters, cultural and sports centers during the period of events that they host according to their licensed main purposes, tasks and functions, except when they host food and cultural events where consumption of alcoholic beverages is permitted.

Article 4. Restriction on depiction of consumption of alcoholic beverages by actors and actresses in cinematography, on stage and on television

1. The depiction of consumption of alcoholic beverages by actors and actresses in cinematography, on stage and on television shall satisfy the following requirements:

a) It is not allowed to show the prohibited acts specified in Article 5, act of consuming alcoholic beverages at the places specified in Article 10, act of selling alcoholic beverages at the places specified in Article 19 of the Law on Prevention and Control of Harmful Effects of Alcoholic Beverages or act of consuming alcoholic beverages on the theatrical and cinematographic works and television programs intended for minors; except for the purpose of condemning those acts;

b) Organizations and individuals succeeding in alcoholic beverage trading shall not be praised;

c) The depiction of consumption of alcoholic beverages by actors and actresses for artistic purposes shall be only carried out if necessary to depict a historical figure or reproduce a certain historical period or condemn the act of consuming alcoholic beverages;

d) The depiction of consumption of alcoholic beverages by actors and actresses for the purposes other than those specified in Point c of this Clause shall be approved by the authority rating films at the request of the Film Evaluation Council in accordance with regulations of the Law on Cinematography or approved by the authority licensing organization of art performances in accordance with regulations of the Government's Decree No. 15/2016/ND-CP dated March 15, 2016. The depiction of consumption of alcoholic beverages by actors and actresses for the purposes shall be approved together with the evaluation, licensing and approval of theatrical and cinematographic works and television programs in accordance with regulations of law, ensuring that no additional administrative procedures are carried out.

2. The frequency of depiction of consumption of alcoholic beverages by actors and actresses in the cases specified in Points c and d Clause 1 of this Article shall serve as a criterion for classifying films for age-based film exhibition and be incorporated into the film classification criteria under the guidance of the Ministry of Culture, Sports and Tourism.

Article 5. Some measures to manage advertising of spirits having less than 15% ABV and beers

1. Apart from the case specified in Point c Clause 3 Article 12 of the Law on Prevention and Control of Harmful Effects of Alcoholic Beverages, the advertisements for alcoholic beverages having less than 5.5% ABV on audio newspapers or visual newspapers from 18:00 to 21:00 on a daily basis include those for alcoholic beverages of sponsors at places where regional, continental or world sports game or sports tournament are held and broadcast live on audio newspapers or visual newspapers.

2. The placement of advertisements for alcoholic beverages having less than 5.5% ABV on outdoor advertising facilities shall comply with the following regulations:

a) Sizes of advertising boards shall comply with national technical regulation on advertising facilities;

b) It is required to maintain a minimum distance of 200m from the point at which an advertising facility is installed to the nearest boundary of the pre-primary education institutions, general education institution, nursing care center and recreational center intended for minors; a minimum distance of 100m from the point at which an advertising facility is installed to the nearest boundary of the vocational education institution and higher education institution; except for signboards of alcoholic beverage traders. If advertisements have been placed on outdoor advertising facilities located within the aforementioned distance before the effective date of this Circular, the advertising shall be carried out until the expiry date of the advertising contract and the extension of such contract is not allowed.

3. Warnings should be available upon advertising of spirits having less than 15% ABV and beers to serve the prevention and control of harmful effects of alcoholic beverages. To be specific:

a) One of the following warnings should be in place: "uống rượu, bia có thể gây tai nạn giao thông" ("drinking alcohol may cause traffic accidents"), "uống rượu, bia có thể ảnh hưởng đến sức khỏe thai nhi" ("drinking alcohol may affect fetus"), "người dưới 18 tuổi không được uống rượu, bia" ("persons under 18 years of age are forbidden to drink alcohol");

b) Upon the advertising of alcoholic beverages on audio newspapers, visual newspapers and radio stations, audio and video advertising, the warnings prescribed in Point a of this Clause shall be read with a reading speed equal to the speed of reading other contents in the same advertisement;

c) Upon the image or video advertising of alcoholic beverages on visual newspapers, online newspapers, social network, TV radio stations, electronic media, terminal equipment and other telecommunications equipment, it is required to show the warnings specified in Point a of this Clause in writing with a color contrasting with the background color in a distinct manner that accounts for at least 10% of the advertising space.  In the case of advertising alcoholic beverages on television, written warnings must be displayed in full width of the screen;

d) Upon advertising alcoholic beverage trading locations, it is required to show written warnings as specified in Point a of this Clause in a distinct manner or the audio and video advertisements shall satisfy the requirements laid down in Points b and c of this Clause;

dd) In the cases other than those specified in Points b, c and dd of this Clause, warnings specified in Point a of this are required to be shown in writing in a distinct manner.

4. Upon advertising alcoholic beverages on visual newspapers, online newspapers, social network, electronic media, terminal equipment and other telecommunications equipment, it is required to have filtering and blocking technologies and user age control software to prevent minors from accessing and searching information about alcoholic beverages in accordance with the following requirements:

a) It is not allowed to display advertisements before persons accessing and searching information declare their age;

b) Advertisements should not be linked or introduced to accounts of minors; online pages and channels and other means exclusively intended for minors or accessed by a majority of minors;

c) If the alcoholic beverage advertising that has been carried out before the effective date of this Decree but has yet to satisfy the requirements specified in Points a and b of this Clause shall continue to be carried out until the expiry date of the advertising contract and the extension of such contract is not allowed.

Article 6. Implementation of measures to prevent minors from accessing and searching information and purchasing alcoholic beverages through the e-commerce system

Sellers that sell alcoholic beverages through the e-commerce system; providers of e-commerce services to other alcoholic beverage traders and sellers shall take measures to prevent minors from accessing and searching information and purchasing alcoholic beverages in accordance with the following requirements:

1. It is required to have applications intended for declaring names and age of users before they access and search information; information about purchasers’ names and addresses, payment with bank account or other non-cash payment methods upon their purchase of alcoholic beverages.

2. Information about alcoholic beverage products on e-commerce websites of alcoholic beverage sellers should not be linked or introduced to accounts of minors; online pages and channels and other means exclusively intended for minors or accessed by a majority of minors.

3. Alcoholic beverage sellers shall check the recipient’s age if his/her age is uncertain and ensure that the recipient is aged 18 or older.

4. By June 30, 2020, if sellers that sell alcoholic beverages through the e-commerce system have operated before the effective date of this Decree, they shall comply with the regulations laid down in Clauses 1, 2 and 3 of this Article.

Chapter III

EXPENDITURES ON PREVENTION AND CONTROL OF HARMFUL EFFECTS OF ALCOHOLIC BEVERAGES

Article 7. Specific expenditures on activities related to prevention and control of harmful effects of alcoholic beverages

1. Specific expenditures on activities related to prevention and control of harmful effects of alcoholic beverages:

a) Formulating, disseminating and organizing implementation of policies, laws and plans for prevention and control of harmful effects of alcoholic beverages;

b) Organizing implementation of measures for prevention and control of harmful effects of alcoholic beverages;

c) Providing alcohol education within communities and organizations;

d) Organizing competitions for prevention and control of harmful effects of alcoholic beverages;

dd) Providing counseling on harmful effects of alcoholic beverages, screening and early detection of risk factors affecting health of alcoholic beverage consumers, interventions to reduce harmful effects on persons whose health is affected by risk factors within health facilities and communities; screening, early detecting, advising, providing prophylactic and therapeutic treatment to and rehabilitating persons suffering from diseases or dysfunction associated with the consumption of alcoholic beverages, preventing alcohol addiction and relapse and providing healthcare services to alcoholics at health facilities;

e) Developing initiatives and community health models aimed at restricting the use of alcoholic beverages;

g) Consolidating, collecting and analyzing information relating to production and trading and consumption of alcoholic beverages; current use of alcoholic beverages and effects of consumption of alcoholic beverages on health, society and economy every 05 years and every year as the basis for developing and completing policies and laws on prevention and control of harmful effects of alcoholic beverages, community healthcare, order and security assurance and other social problems;

h) Providing training in prevention and control of harmful effects of alcoholic beverages;

i) Conducting scientific research and promoting international cooperation in prevention and control of harmful effects of alcoholic beverages;

h) Rewarding collectives and individuals for their achievements in prevention and control of harmful effects of alcoholic beverages;

l) Preventing and handling counterfeit and unqualified alcoholic beverages; alcoholic beverages that are illegally imported and of unknown origin;

m) Carrying out inspections and taking actions against violations of law and handling complaints and denunciations in prevention and control of harmful effects of alcoholic beverages;

n) Reviewing the prevention and control of harmful effects of alcoholic beverages;

2. Specific expenditures on the specific activities specified in Points c, d, dd and e Clause 1 of this Article shall comply with Articles 8, 9, 10, 11, 12 and 13 of this Decree. Expenditures on activities other than those specified in Clause 1 of this Article shall comply with applicable regulations on expenditures of regulatory authorities and public service providers, and regulations of law.

3. Within the local government budget and according to actual conditions, People's Council of provinces and central-affiliated cities may consider deciding the expenditures higher than those specified in this Decree within their power.

4. Specific expenditures on activities related to prevention and control of harmful effects of alcoholic beverages covered by sponsorship or other lawful funding sources shall comply with applicable regulations laid down by sponsors and regulations of law.

Article 8. Specific expenditures on alcohol education within communities and organizations

1. Royalties on production of bulletins, reports and seminars on prevention and control of harmful effects of alcoholic beverages shall comply with regulations laid down in the Government’s Decree No. 18/2014/ND-CP dated March 14, 2014.

2. Expenditures on organization of meetings aimed at disseminating information about prevention and control of harmful effects of alcoholic beverages:

a) Expenditures on drinks for participants: VND 20,000 per person per session; remuneration for participants: VND 50,000 per person per session;

b) Remuneration for speakers: VND 200,000 per person per session;

c) Expenditures on documents: up to VND 15,000 per person;

d) Expenditures on hiring halls, background, canvas, tables, chairs, loudspeaker (if any): under the contract, receipts or invoices (in case of service leasing);

dd) Expenditures on broadcasting (development, editing, broadcasting): expenditures on development and editing: VND 100,000 per 350-word page; remuneration for announcer: VND 20,000 per announcement;

e) Expenditures on designing and printing communication documents: vary according to local market price and regulations of law.

3. Expenditures on art performances and skits about prevention and control of harmful effects of alcoholic beverages delivered within communities:

a) Remuneration for practice required for a new performance: up to VND 70,000 per person per practice session. The maximum number of practice sessions is 10;

b) Remuneration for a performance: up to VND 150,000 per person per session.

4. Expenditures on hiring MC and delivering art performances at meetings and communication campaigns for prevention and control of harmful effects of alcoholic beverages:

a) MC: VND 2,000,000 per person per session;

b) Art performance: VND 300,000 per person per session. The maximum number of practice sessions and performances for an art program is 10.

5. Assistance for activities conducted by mobile propaganda teams during the propaganda campaign launched within communities, authorities, units and organizations:

a) Assistance for persons directly joining a mobile propaganda team within a community: remuneration for participation in propaganda teams: VND 100,000 per person per session; assistance for practice required for propaganda work: VND 50,000 per person per session;

b) Expenditures on purchasing petrol, photographing, hiring vehicles, equipment or instruments serving propaganda work and other activities: vary according to invoices, vouchers, local market prices and regulations of law.

6. Remuneration for propaganda collaborators under the guidelines about propaganda collaborators laid down by the Ministry of Health: VND 150,000 per person per month.

Article 9. Expenditures on organizing competitions for prevention and control of harmful effects of alcoholic beverages

1. Expenditures on designing question sheets and answer key (if any): up to VND 1,000,000 per question sheet.

2. Remuneration for competition scoring and judging: up to VND 500,000 per person per session.

3. Remuneration for members of an organizing committee and competition secretaries: up to VND 350,000 per person per session.

4. Rewards:

a) Regarding a central-level competition: up to VND 20,000,000 per collective reward; up to VND 15,000,000 per individual reward;

b) Regarding a provincial-level competition: up to VND 10,000,000 per collective reward; up to VND 5,000,000 per individual reward;

c) Regarding a district-level competition: up to VND 5,000,000 per collective reward; up to VND 2,000,000 per individual reward;

d) Regarding an internal competition: up to VND 2,000,000 per collective reward; up to VND 1,000,000 per individual reward.

5. Expenditures on competition reporting: up to VND 1,000,000 per report.

6. Meal, accommodation and commuting allowances for members of an organizing committee and competition board during the days of competition: comply with applicable regulations laid down by the Ministry of Finance on business travel allowances for state officials.

7. Meal, accommodation and commuting allowances for competitors (for up to 10 days on which a competitor both practices and competes in a competition): equal to those for delegates whose salaries are not paid by the state budget in accordance with applicable regulations of the Ministry of Finance on business travel allowances and conference expenditures. Persons who have received the aforementioned allowances shall not receive business travel allowances.

8. Expenditures on collection of information and materials, establishment of computerized database (in the case of an online competition): comply with regulations of law.

9. Expenditures on hiring MC: VND 2,000,000 per person per session.

10. Expenditures on hiring halls and equipment for stage competitions: vary according to invoices and vouchers.

11. Expenditures on hiring actors/actresses for art performances: VND 300,000 per person per session. The maximum number of practice sessions and performances for a program is 10.

12. Other expenditures on organizing competitions shall comply with the state’s applicable regulations. If specific expenditures are yet to be set, the head of the authority organizing a competition shall decide the specific expenditures within the scope of the state budget estimate.

13. According to the scale of each competition (central-, provincial- or district-level or internal competition), the competent authority shall decide specific expenditures which must not exceed those specified in this Article.

Article 10. Specific expenditures on alcohol detoxification consulting

1. Expenditures on establishing alcohol detoxification consulting departments and purchasing telephones, computers, equipment and supplies shall comply with regulations of law on bidding and budget.

2. Specific expenditures on designing and printing documents serving alcohol detoxification consulting vary according to actual conditions and consulting contents.

3. Remuneration for alcohol detoxification consultants:

a) Expenditures on hiring alcohol detoxification consultants are based on the employment contract. Wages and allowances for employees are paid according to performance, quality and effectiveness of their work and regulations of law on salary and wage policies;

b) Overtime and night work pay for health officials participating in alcohol detoxification consulting shall be given in accordance with regulations of the Labor Code and documents providing guidance on implementation of overtime and night work policies for officials, public employees and employees.

4. Expenditures on water, electricity, stationery and document photocopying for continuous operation vary according to actual conditions but must not exceed VND 5,000,000 per month per office.

5. Specific expenditures on alcohol detoxification call center consulting vary according to actual conditions and consulting contents and time.

Article 11. Expenditures on screening and early detection of risk factors affecting health of alcoholic beverage consumers; persons suffering from diseases or dysfunction associated with the consumption of alcoholic beverages; alcoholics;

1. Expenditures on purchasing equipment, supplies, documents and stationery shall comply with regulations of law on bidding and budget.

2. Expenditures on designing and printing documents serving screening and early detection vary according to actual conditions and professional issues.

3. Remuneration for persons carrying out screening:

a) Regarding employees working under employment contracts: wages and allowances are paid for them according to the performance, quality and effectiveness of their work and regulations of law on salary and wage policies;

b) Remuneration for health officials and collaborators participating in screening: VND 20,000 per screening per person;

c) Overtime and night work pay for health officials participating in screening shall be given in accordance with regulations of the Labor Code and documents providing guidance on implementation of overtime and night work policies for officials, public employees and employees.

4. Expenditures on implementation of subclinical techniques covered by health insurance in accordance with the professional procedure of the Ministry of Health for health card holders.

Article 12. Expenditures on developing and implementing initiatives and community health models aimed at restricting use of alcoholic beverages

1. Expenditures on developing initiatives and community health models aimed at restricting use of alcoholic beverages shall comply with regulations of law on specific expenditures on research, investigation, survey and assessment.

2. Expenditures on setting up projects on initiatives and community health models aimed at restricting the use of alcoholic beverages are up to VND 20,000,000 per project.

3. Expenditures on hiring collaborators participating in implementing initiatives and models are determined according to the actual number of days of participation with VND 100,000 per day or at a flat rate of VND 2,000,000 per month.

4. Other expenditures vary according to actual conditions, invoices and vouchers and regulations of law.

Article 13. Expenditures on activities carried out by the Steering Committee on prevention and control of harmful effects of alcoholic beverages

Expenditures on meetings and conferences, and business travel allowances for supervising and inspecting the prevention and control of harmful effects of alcoholic beverages as assigned by the Steering Committee and other lawful expenditures shall comply with regulations of law on budget and operation of cross-sectoral cooperating organization.

Chapter IV

RESPONSIBILITY FOR ALCOHOL EDUCATION AND STATE MANAGEMENT OF PREVENTION AND CONTROL OF HARMFUL EFFECTS OF ALCOHOLIC BEVERAGES

Article 14. Responsibility for alcohol education

1. Ministries, ministerial agencies and People's Committees of provinces and central-affiliated cities shall organize the alcohol education within their jurisdiction and areas under their management.

2. Heads of organizations shall proactively organize and participate in the alcohol education within their jurisdiction and areas under their management. To be specific:

a) Organize alcohol education to fulfill the purposes and requirements specified in the Law on Prevention and Control of Harmful Effects of Alcoholic Beverages using methods appropriate to subjects to be educated and actual local conditions;

b) Incorporate alcohol education into annual operational plans;

c) Enable and encourage individuals and units affiliated to organizations to participate in alcohol education campaigns.

3. Educational institutions shall organize alcohol education in a manner that is appropriate to the students’ age.

4. Health facilities shall provide alcohol education to patients and people undergoing examination and treatment and using services within their scope.

5. Individuals and families shall participate in and respond to alcohol education-related activities.

Article 15. Joint responsibility of Ministries, ministerial agencies and Governmental agencies for state management of prevention and control of harmful effects of alcoholic beverages

1. Promulgate or propose the promulgation and organize the implementation of policies, plans and legislative documents on prevention and control of harmful effects of alcoholic beverages.

2. Provide professional training in prevention and control of harmful effects of alcoholic beverages in the fields under their management.

3. Organize alcohol education.

4. Carry out inspections, provide rewards and take actions against violations against regulations on prevention and control of harmful effects of alcoholic beverages within their jurisdiction and in the fields under their management.

5. Submit periodic and ad hoc reports on prevention and control of harmful effects of alcoholic beverages in the fields under their management.

Article 16. Responsibility of the Ministry of Health for state management

1. Request the Government and Prime Minister to promulgate and within its power, promulgate legislative documents on prevention and control of harmful effects of alcoholic beverages.

2. Formulate and provide guidance on implementation of programs, plans and activities related to prevention and control of harmful effects of alcoholic beverages.

3. Take charge and cooperate with ministries and provincial People's Committees in alcohol education; act as an agency in charge of designing contents of sample and standard documents on prevention and control of harmful effects of alcoholic beverages to serve the alcohol education; set up a project on organization of alcohol education campaigns, submit it to the Prime Minister for promulgation, provide guidance and organize the implementation thereof nationwide; provide scientific information and warn the people and communities of harmful effects of alcoholic beverages, level of risks of drinking alcoholic beverages, persons that should not consume alcoholic beverages, diseases and medical conditions that do not allow consumption of alcoholic beverages and measures to reduce harmful effects of alcoholic beverages.

4. Provide professional guidance on screening, early detection, prophylactic and therapeutic treatment, rehabilitation, prevention of alcohol addiction and relapse and provision of healthcare services to alcoholics.

5. Build and maintain a system for collecting and analyzing information and data on current use of alcoholic beverages and effects on health, society and economy every 5 years, including drinking rates, hazardous drinking rates, rates of risk factors and dysfunction associated with the consumption of alcoholic beverages among persons who consume alcoholic beverages and other necessary indicators as the basis for developing and completing policies and laws on prevention and control of harmful effects of alcoholic beverages.

6. Inspect and expedite the prevention and control of harmful effects of alcoholic beverages by ministries and local authorities; submit consolidated reports on prevention and control of harmful effects of alcoholic beverages to the Government.

Article 17. Responsibility of the Ministry of Industry and Trade for state management

1. Request the Government and Prime Minister to promulgate and within its power, promulgate legislative documents on management of alcoholic beverage trading and prevention and control of harmful effects of alcoholic beverages upon alcoholic beverage trading; promulgate national technical regulation and food safety limits for alcoholic beverages and organize the implementation thereof.

2. Manage conditions for alcoholic beverage trading; food safety; sales promotion and sponsorship; labeling; places where the sale of alcoholic beverages is not allowed, entities not allowed to sell alcoholic beverages and sale of alcoholic beverages using prohibited methods; prevention and handling of illegally imported, counterfeit, unqualified and unsafe alcoholic beverages; opening of new on-premises establishments complying with regulations on minimum distance laid down in Clause 7 Article 32 of the Law on Prevention and Control of Harmful Effects of Alcoholic Beverages.

3. Aggregate statistical data on sprits produced using traditional methods for non-commercial purposes; direct, provide guidance and expedite the implementation of measures to strengthen management of production of spirits using traditional methods nationwide.

4. Organize alcohol education upon management of alcoholic beverage trading; instruct households and individuals that produce spirits using traditional methods to ensure food safety in accordance with regulations of law; encourage and instruct households and individuals that produce spirits using traditional methods to apply for the production license and register their sale of spirits to spirit production license holders for re-preparation purpose with communal People’s Committees, declare their production of spirits using traditional methods for non-commercial purpose.

5. Build and maintain a system for collecting and analyzing information and data on production and trading of alcoholic beverages as the basis for developing and completing policies and laws on prevention and control of harmful effects of alcoholic beverages.

Article 18. Responsibility of the Ministry of Public Security for state management

1. Perform its state management of prevention and control of harmful effects of alcoholic beverages in the fields under its management and implement measures for state management of prevention of traffic accidents associated with the use of alcoholic beverages; direct the strengthening of measures to control and take actions against violations against regulations on alcohol content in blood and breath of operators of vehicles on public roads.

2. Dissemination information and laws on alcohol content in blood and breath of operators of vehicles on public roads and sanctions against violations to the people and encourage them to comply with regulations of law.

Article 19. Responsibility of the Ministry of Education and Training for state management

1. Develop contents and provide alcohol education in a manner that is appropriate to the students’ age.

2. Provide guidance on consulting skills and detecting children and students affected by harmful effects of alcoholic beverages at educational institutions.

3. Cooperate with relevant organizations in taking care of, assisting and protecting children and students to prevent and reduce harmful effects of alcoholic beverages.

4. Direct, inspect and supervise the implementation on prohibition on consumption and sale of alcoholic beverages at educational institutions in accordance with regulations of law.

Article 20. Responsibility of the Ministry of Labor, War Invalids and Social Affairs for state management

1. Take charge and cooperate with relevant organizations in providing guidance and organizing the prevention and control of harmful effects of alcoholic beverages on children and the elderly.

2. Develop contents and provide alcohol education in a manner that is appropriate to the age of students at vocational education institutions; organize the dissemination of information about harmful effects of alcoholic beverages and regulations on prohibition on consumption of alcoholic beverages during working and learning hours and rest hours and on operation of machinery after consumption of alcoholic beverages to employees.

3. Direct, inspect and supervise the implementation on prohibition on consumption and sale of alcoholic beverages at vocational education institutions and on employment of minors for directly engaging in production, purchase and sale of alcoholic beverages.

Article 21. Responsibility of the Ministry of Culture, Sports and Tourism for state management

1. Organize the implementation of measures to control advertising of alcoholic beverages in the fields under their management.

2. Incorporate alcohol education and measures to restrict the use of alcoholic beverages into culture, sports and tourism activities, and family life; instruct and encourage residential communities to restrict the consumption of or not to consume alcoholic beverages at funerals, weddings and festivals; provide guidance and inspect the restriction on depiction of consumption of alcoholic beverages by actors and actresses in cinematography, on stage and on television.

Article 22. Responsibility of the Ministry of Information and Communications for state management

1. Take measures to control the advertising in the fields under its management; direct the strengthening of measures to discover and take actions against violations against regulations on online advertising of alcoholic beverages.

2. Organize the implementation of alcohol education measures; direct communication and press agencies to disseminate information about prevention and control of harmful effects of alcoholic beverages.

Article 23. Responsibility of the Ministry of Transport for state management

1. Organize the implementation of measures to prevent traffic accidents associated with the use of alcoholic beverages in the fields under its management.

2. Develop contents and include the prevention and control of harmful effects of alcoholic beverages in driving training programs.

Article 24. Responsibility of the Ministry of Finance for state management

Perform the state management of management and use of funding for prevention and control of harmful effects of alcoholic beverages in accordance with regulations of the Law on State Budget.

Article 25. Responsibility of People’s Committees at all levels for state management

1. People’s Committees of provinces and central-affiliated cities (hereinafter referred to as “provincial People’s Committees”) shall perform state management of prevention and control of harmful effects of alcoholic beverages within their jurisdiction and provinces. To be specific:

a) Promulgate or propose the promulgation of documents providing guidelines for the implementation of law on prevention and control of harmful effects of alcoholic beverages;

b) Formulate plans and provide funding for prevention and control of harmful effects of alcoholic beverages on an annual basis;

c) Organize the implementation of measures to strengthen management of production of spirits using traditional methods; annually review and submit consolidated reports on the number of households, organizations and individuals that produce spirits using traditional methods within their provinces to the Ministry of Industry and Trade; encourage and enable households and individuals producing spirits using traditional methods to apply for spirit production licenses in accordance with regulations or register their sale of spirits to spirit production license holders for re-preparation purpose with communal People’s Committees; any household or individual that produces spirits using traditional methods for non-commercial purposes shall send the People’s Committee of the commune a declaration of amounts of spirits produced and amount of consumption and a commitment not to sell spirits commercially, which is made using the form promulgated by the Minister of Industry and Trade; instruct households, organizations and individuals that produce spirits using traditional methods for non-commercial purposes to ensure food safety in accordance with regulations; inspect quality of spirits produced using traditional methods and sold within their provinces; prevent and control counterfeit, illegally imported and unqualified alcoholic beverages and conduct other activities associated with prevention and control of harmful effects of alcoholic beverages;

d) Direct and organize alcohol education; provide guidance and organize the implementation of communication campaigns for prevention and control of harmful effects of alcoholic beverages;

dd) Direct and organize the inspection of prevention and control of harmful effects of alcoholic beverages, settle complaints and denunciations and take actions against violations against regulations on prevention and control of harmful effects of alcoholic beverages;

e) submit annual reports on prevention and control of harmful effects of alcoholic beverages within their provinces to the Ministry of Health, which will submit a consolidated report to the Government.

2. People’s Committees of districts, district-level towns, provincial-affiliated cities and equivalent administrative division (hereinafter referred to as “district-level People’s Committees”) shall perform state management of prevention and control of harmful effects of alcoholic beverages within their jurisdiction and districts. To be specific:

a) Direct and organize alcohol education; provide guidance and organize the implementation of communication campaigns for prevention and control of harmful effects of alcoholic beverages;

b) Organize the implementation of measures to strengthen management of production of spirits using traditional methods within their districts as assigned by provincial People’s Committees; instruct households, organizations and individuals that produce spirits using traditional methods for non-commercial purposes to ensure food safety in accordance with regulations; inspect quality of spirits produced using traditional methods and sold within their districts;

c) Direct, organize and inspect the prevention and control of harmful effects of alcoholic beverages, settle complaints and denunciations and take actions against violations against regulations on prevention and control of harmful effects of alcoholic beverages;

d) submit annual reports on prevention and control of harmful effects of alcoholic beverages within their districts to provincial People’s Committees.

3. Communal People’s Committees shall perform state management of prevention and control of harmful effects of alcoholic beverages within their jurisdiction and communes. To be specific:

a) Organize alcohol education; organize the implementation of communication campaigns for prevention and control of harmful effects of alcoholic beverages;

b) Organize the implementation of measures to strengthen management and assurance of food safety regarding production of spirits using traditional methods within their communes as assigned by district-level People's Committees; encourage and assist households, organizations and individuals to register their sale of spirits to spirit production license holders for re-preparation purpose; any household or individual that produces spirits using traditional methods for non-commercial purposes shall send the People’s Committee of the commune a declaration of amounts of spirits produced and amount of consumption and a commitment not to sell spirits commercially, which is made using the form promulgated by the Minister of Industry and Trade;

c) take prompt prevention, assistance and intervention measures for children of alcoholics in accordance with regulations of law on domestic violence prevention and control;

d) Direct, organize and inspect the prevention and control of harmful effects of alcoholic beverages, settle complaints and denunciations and take actions against violations against regulations on prevention and control of harmful effects of alcoholic beverages;

dd) Organize, encourage, instruct and emphasize the importance of neighborhoods, associations, organizations and unions within local authorities and communities to participate in activities aimed at prevention and control of harmful effects of alcoholic beverages;

e) submit annual reports on prevention and control of harmful effects of alcoholic beverages within their communes to district-level People’s Committees.

Chapter V

IMPLEMENTATION CLAUSE

Article 26. Effect

This Decree comes into force from February 24, 2020.

Article 27. Implementary organization and responsibility for implementation

1. The Ministry of Health shall take charge and cooperate with other Ministries and ministerial agencies in organizing the implementation of this Decree.

2. Ministers, heads of ministerial agencies, heads of Governmental agencies and Presidents of People’s Committees of provinces and central-affiliated cities are responsible for the implementation of this Decree./.

 

ON BEHALF OF THE GOVERNMENT THE PRIME MINISTER Nguyen Xuan Phuc