Is it possible to sell wine or beer for people under 18 years old?

I am about to open a restaurant selling wine, beer, and associate with advertising companies to sell goods. I want to ask if someone under 18 comes into a restaurant to buy and drink wine, will I be penalized? If I advertise wine for a brand with billboards, do I need to comply with any regulations? I hope that the FDVN lawyer will respond to me soon.

FDVN’s Opinions:

Thank you very much for submitting questions to FDVN Law Firm (FDVN). After studying relevant legal regulations, FDVN has some opinions for your consulting request as follows:

[1]. Legal provisions on prohibiting the sale of wine, beer to people under 18 years old

Under the provisions of Article 5, Law on Prevention and Control of Harmful Effects of Alcoholic Beverages, prohibited acts include:

“1. Inciting, persuading and forcing another to consume alcoholic beverages.

2. Consumption of alcoholic beverages by persons under 18 years of age.

...”

Thus, selling and supplying alcohol to people under the age of 18 is one of the prohibited acts. according to the above-mentioned regulations.

Besides, the sanction for the above-mentioned behavior is also regulated in Article 45 of Decree No. 185/2013/ ND-CP, specifically:

“Article 45. Acts of violations on selling wine products

1. A warning or fine of between VND 500,000 and 1,000,000 shall be imposed on one of the following acts of violations:

a) Not listing of valid copies of business licenses for wine products, wine types, wine prices are being sold at their business locations;

b) Sale of alcohol products for persons not yet sufficient 18 years of age.”

In addition to the above fines, if your restaurant sells wine or beer to people under the age of 18 many times or recidivism, it may also be subject to an additional penalty which is the deprivation of the right to use the license to distribute, wholesale or retail wine products from 01 month to 03 months as prescribed in Clause 4, Article 45 of this Decree.

[2]. About advertising wine and beer by billboards

When your restaurant  advertising of spirits having less than 15% ABV and beers must comply with the provisions of Clause 2, Clause 3 of Article 5, Decree No. 24/2020/ND-CP to elaborate some Articles of the Law on Prevention and Control of Harmful Effects of Alcoholic Beverages including:

• Sizes of advertising boards shall comply with national technical regulation on advertising facilities;
• 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.
• One of the following warnings should be in place: "drinking alcohol may cause traffic accidents", "drinking alcohol may affect fetus", "persons under 18 years of age are forbidden to drink alcohol";
• Warnings in writing ensure clarity and easy to see.

Above is the advisory opinion of FDVN regarding your consultation request on the basis of researching legal provisions. Hopefully, the advice of FDVN will be useful to you.

Nguyen Thi Suong - FDVN Law Firm

CONTACT US:

Lawyers in Da Nang:

99 Nguyen Huu Tho, Quan Hai Chau, Da Nang city

Lawyers in Hue:

336 Phan Chu Trinh, Hue City, Thua Thien Hue

Lawyers in Phu Quoc:

65 Hung Vuong, Duong Dong town, Phu Quoc island district

Lawyers in Quang Ngai:

359 Nguyen Du, Quang Ngai City, Quang Ngai Province.

Lawyers in Ha Noi

Room 501, 5th Floor, No. 11, Lane No. 183, Dang Tien Dong Street, Dong Da District, Ha Noi

Website: www.fdvn.vn    www.fdvnlawfirm.vn  www.diendanngheluat.vn  www.tuvanphapluatdanang.com

Email: fdvnlawfirm@gmail.com    luatsulecao@gmail.com

Phone: 0935 643 666    –  0906 499 446

Fanpage LUẬT SƯ FDVN: https://www.facebook.com/fdvnlawfirm/

Legal Service For Expat:  https://www.facebook.com/fdvnlawfirmvietnam/

TỦ SÁCH NGHỀ LUẬT: https://www.facebook.com/SayMeNgheLuat/

DIỄN ĐÀN NGHỀ LUẬT: https://www.facebook.com/groups/saymengheluat/