Chương II Nghị định 24/2020/NĐ-CP: Một số biện pháp giảm mức tiêu thụ và quản lý việc cung cấp rượu, bia

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.