Chương IV Nghị định 24/2020/NĐ-CP: Trách nhiệm thực hiện thông tin, giáo dục, truyền thông và trách nhiệm quản lý nhà nước về phòng, chống tác hại của rượu, bia

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.