Quyết định 244/QD-TTg

DECISION

ON NATIONAL POLICY OF PREVENTING HARMS OF ABUSING ALCOHOLIC BEVARAGES BY 2020

THE PRIME MINISTER

Pursuant to the December 25, 2001 Law organization of Government;

At the proposal of Minister of Health,

DECIDES:

Article 1. To promulgate the national policy of preventing harms of abusing alcoholic beverages by 2020, including wine, beer and other alcoholic beverages, with the following contents:

I. VIEWPOINT

1. Abuse of wine, beer and other alcoholic beverages cause harms to health of drinkers, families, community and economy – society; State does not encourage consumer in using wine, beer and other alcoholic beverages.

2. Everyone has right to be protected from influences from harm of abusing wine, beer and other alcoholic beverages.

3. Provision of information, education and communication are important measures to raise awareness of people about harms of abusing wine, beer and other alcoholic beverages.

4. To conduct all-sided and adequate control on production, business and use of wine, beer and other alcoholic beverages in line with socio-economic development requirements of country and traditional cultural customs in order to prevent harms of abusing wine, beer and other alcoholic beverages and to protect community’s health.

5. All agencies, organizations, enterprises and individuals are responsible for participation in preventing harms of abusing wine, beer and other alcoholic beverages.

II. OBJECTIVES

1. General objectives

To prevent and decrease harms of abusing wine, beer and other alcoholic beverages for community health, order and social security in order to protect community’s health, contribute in stable and sustainable socio-economic development.

2. Specific objectives

a) By 2020, to elaborate and complete policy and law on preventing harms of abusing alcoholic beverages;

b) To decrease gradually and toward stop circulation of wine, beer and other alcoholic beverages which fail to satisfy quality standard in the market;

c) To decrease the growth of average wine consumption rate/adult (15 years old or older)/year which is converted according to pure wine, will be from 12.1% in 2007-2010 period down 10% in 2013-2016 period and 6.5% in 2017-2020 period;

d) To prevent the access and use of wine, beer and other alcoholic beverages by persons under 18 years of age; cadres, civil servants, public employees, employees, persons working in armed forces do not use wine, beer and other alcoholic beverages before and during working, at working places, in meals between two intervals in working days and days on duty.

dd) To prevent drivers joining in traffic using wine, beer and other alcoholic beverages, prevent domestic violence, disrupt public order due to abusing of wine, beer and other alcoholic beverages.

e) By 2016, 70% of people in community will be accessed to information, education, and communication about harms of abusing wine, beer and other alcoholic beverages, especially about pathological signs which arise or become more serious due to abusing of wine, beer and other alcoholic beverages and 50% of people in community will have right awareness about this matter; by 2020, the respective rates will be 80% and 60%;

g) By 2016, 30% of addicts related to wine, beer and other alcoholic beverages will be selected and detected early, 25% of addicts related to wine, beer and other alcoholic beverages will be consulted and applied medical treatment for detoxification and prevention of re-addiction in community, 20% of addicts related to wine, beer and other alcoholic beverages will be medically treated chronic diseases involving wine, beer and other alcoholic beverages; by 2020, the respective rates will be 50%, 40% and 30%.

III. SOLUTIONS OF IMPLEMENTATION

1. Solutions on control of demand in use of wine, beer and other alcoholic beverages

a) To control use of wine, beer and other alcoholic beverages in order to build safe and strong social environment, minimize and prevent harms of abusing wine, beer and other alcoholic beverages:

- To strengthen implementation and examination, handling of violations of regulations on banning use of wine, beer and other alcoholic beverages before and during working, at working places, in meals between two intervals in working days and days on duty; heads of agencies, organizations and units shall give provisions on banning use of wine, beer and other alcoholic beverages in their internal rules, regulations and supervise implementation.

- To strengthen measures to prevent persons under 18 years of age, pregnant women or women in duration of feeding babies with mother milk, and persons suffering diseases, from use of wine, beer and other alcoholic beverages. To limit towards to not use laborers under 18 years of age to work in production and business establishments of wine, beer and other alcoholic beverages.

- To strengthen measures to prevent users of wine, beer and other alcoholic beverages driving vehicles to joint in traffic.

- Local authorities shall strengthen in calling community not to abuse wine, beer and other alcoholic beverages in funerals, festivals, weddings; households not to cook wine; families and residential areas not to have addicts related to wine, beer and other alcoholic beverages; everyone not to drive vehicles to joint in traffic after using wine, beer and other alcoholic beverages.

b) To control strictly advertisement, marketing, promotion of wine, beer and other alcoholic beverages:

- To strengthen examination of implementation and handling of violations of regulations on banning advertisement for wines with 15 percent alcohol or more.

- To research appropriate measures to ban all sided on advertisement, marketing, promotion for wine, beer and other alcoholic beverages with 15 percent alcohol or more. To research and propose appropriate measures to manage activities of advertisement, marketing, promotion and funding for advertisement related to wine, beer and other alcoholic beverages with less than 15 percent alcohol.

c) To apply appropriate tax policy for wine, beer and other alcoholic beverages aiming to decrease use, abuse of wine, beer and other alcoholic beverages as well as limit smuggling and use of wine, beer and other alcoholic beverages which do not satisfy standard;

d) To research, propose appropriate policy when joining in negotiation, acceding in International treaties in commerce aiming to limit risk of abusing wine, beer and other alcoholic beverages by impact of these treaties;

dd) To strengthen propagation, examination, supervision and handling of violations related to control of demand on use of wine, beer and other alcoholic beverages.

2. Solutions on control of supply of wine, beer and other alcoholic beverages

a) To make adequate plans on production and business of wine, beer and other alcoholic beverages nationwide and each locality.

b) To control the handmade wine business:

- To manage strictly license for handmade wine production for business, manage the process of production, quality standards, food safety, and goods labels for handmade wines;

- To elaborate a mechanism for organizations and individuals producing handmade wine in traditional villages to joint in wine production traditional villages;

- To strengthen control over production and business establishments, households, traditional villages, remote and isolated regions, ethnic areas;

c) To control the labeling of wine, beer and other alcoholic beverages which are produced or imported for sale in Vietnam aiming to attach responsibilities of producers for health and lives of consumers and prevent counterfeits, bad-quality goods; research the regulations on printing the warnings about harms of abusing wine, beer and other alcoholic beverages on products’ labels;

d) To strengthen measures to control, check quality, food safety for wine, beer and other alcoholic beverages which are domestically produced, imported and measures to prevent wine, beer and other alcoholic beverages which are illegally imported faked and fail to satisfy quality;

dd) To control activities involving production and business of wine, beer and other alcoholic beverages:

- To strengthen examination and strict implementation of license for wine business; to research, elaborate feasible mechanism and roadmap, appropriate management measures involving license for production and business of beer and other alcoholic beverages;

- To research, propose appropriate management measures involving the maximum quantity of wine, beer and other alcoholic beverages which are permitted to sell for a customers to use on spot; do not sell wine, beer and other alcoholic beverages for persons who have manifestations of being drunk; do not sell wine, beer and other alcoholic beverages for persons under 18 years of age, pregnant women; do not sell wine, beer and other alcoholic beverages at schools, hospitals, state offices and other working places; do not sell wine, beer and other alcoholic beverages on pavements, not sell by vending machines; research to promulgate appropriate management measures to limit gradually sale of wine, beer and other alcoholic beverages at several appropriate time points in day;

- To research, propose appropriate management measures involving owners of establishments and employees of establishments doing business of wine, beer and other alcoholic beverages subject to training on responsibilities in supply of wine, beer and other alcoholic beverages, with specific contents as follows: Legislations on preventing harms of abusing wine, beer and other alcoholic beverages, ways to identify age, manifestations of abusing wine, beer and other alcoholic beverages of customers;

e) To strengthen propagation, examination, inspection, handling and publicizing of violations related to control of supply sources of wine, beer and other alcoholic beverages.

3. Solutions on decreasing harms of abusing wine, beer and other alcoholic beverages

a) Information, education and communication:

- To research and propose regulations on printing information of age and subjects banned drinking wine, beer and other alcoholic beverages, harms of abusing wine, beer and other alcoholic beverages on labels of wine, beer and other alcoholic beverage products;

- To strengthen activities of information, education, communication aiming to raise awareness of community about harms of abusing wine, beer and other alcoholic beverages; policy and law on preventing harms of abusing wine, beer and other alcoholic beverages; rights of children not to force or encourage in use of wine, beer and other alcoholic beverages; mobilize, persuade people not to abuse wine, beer and other alcoholic beverages; not force, encourage others in using wine, beer and other alcoholic beverages; drivers of vehicles joining in traffic banned to have alcohol content in blood or breath in excess of the set level;

- To research and propose appropriate measures for integration of education about harms of abusing wine, beer and other alcoholic beverages in main teaching subjects and extracurricular activities in line with educational grades, levels, attach special importance to propagation and information to pupils, students, learners about the age permitted to buy, drink wine, beer and other alcoholic beverages; skills to refuse drinking of wine, beer and other alcoholic beverages; harms of abusing wine, beer and other alcoholic beverages for health and society;

- Information, education, communication in community and on means of mass media must be conducted adequately in order to warn about harms of abusing wine, beer and other alcoholic beverages; send reasonable messages on drinking wine, beer and other alcoholic beverages to people;

b) To carry out special reserve measures for high-risk groups such as: Underage children, pregnant women or women expecting to be pregnant, women feeding babies with mother milk; select and medically treat early for persons who have abused wine, beer and other alcoholic beverages through supply of diagnosis and medical treatment services (mental health, chronic diseases, detoxification); continuous care with participation of medical staff and groups of persons at the same circumstance;

c) To strengthen capability for network of initial health care, training knowledge and skills for medical staff, officers doing social work in order to timely detect abusers and implement effectively measures to minimize harms of abusing wine, beer and other alcoholic beverages. To proactively access and facilitate for alcohol addicts in community to easily access to services of early interference, medical treatment for detoxification at community and prevention of re-addiction.

d) To research pathological signs arising, becoming more serious involving use, abuse of wine, beer and other alcoholic beverages.

dd) To strengthen examination, handling of violations related to alcohol content in blood and breath of drivers of vehicles joining in traffic aiming to decrease traffic accidents due to use of wine, beer and other alcoholic beverages. To research and give out unified provisions on alcohol content in blood and breath of drivers of vehicles joining in road, railway and internal waterway traffic;

e) To improve capability in controlling food safety for wine, beer and other alcoholic beverages, elaborate and maintain system of management, supervision, training, coaching, improving capability of specialized officers at all levels involving prevention and combat of food poison due to wine, beer and other alcoholic beverages, especially in localities, remote and isolated regions; having equipment to detect toxin, special medicines, regimen of patient, operational funding;

g) To strengthen proactive prevention and prevent violations of social order and crimes due to use of wine, beer and other alcoholic beverages, with positive participation of organizations, mass associations, society and community.

4. Solutions to complete law, mechanism, organization and force resources

a) On the basis of the assigned functions and tasks, competent state agencies shall review, amend, supplement and promulgate new legal documents on preventing harms of abusing wine, beer and other alcoholic beverages under their competency in order to carry out this policy;

b) To research, elaborate and submit to National Assembly to promulgate Law on preventing harms of abusing wine, beer; research to propose National Assembly to permit to collect am appropriate contribution from activities involving production and business of wine, beer and other alcoholic beverages or other appropriate methods of contribution in order to support directly for activities of improving health of community through prevention of harms of abusing wine, beer and other alcoholic beverages; research to propose establishment of Fund for improving health of community (on the basis of integration with Fund for prevention of tobacco harms) in order to directly support for scientific study about pathological signs involving abuse of wine, beer and other alcoholic beverages, support, control activities of improving health of community;

c) To facilitate for domestic and international non-governmental organizations, population communities, associations, production and business establishments of wine, beer and other alcoholic beverages in supporting force resources to prevent harms of abusing wine, beer and other alcoholic beverages;

d) To establish National Steering Board of preventing harms of abusing wine, beer and other alcoholic beverages in which Minister of Health is head of Steering Board with participation of representatives of leaders of relevant Ministries, sectors, mass associations, social organizations. National Steering Board has a standing office which is established by Minister of Health and affiliated Ministry of Health. National Steering Board shall elaborate and organize implementation of plan on preventing harms of abusing wine, beer and other alcoholic beverages by 2020. Depending on actual conditions and demands in localities, chairpersons of provincial People’s Committees shall decide establishment of provincial Steering Boards of preventing harms of abusing wine, beer and other alcoholic beverages

5. Solutions on scientific study and international cooperation

a) To complete and maintain collection and analysis system of information and data involving production, business and use of wine, beer and other alcoholic beverages aiming to supply evidences in order to elaborate policy and law;

b) To study, explore periodically, make statistics, assessments on situation of use of wine, beer and other alcoholic beverages; abuse level of wine, beer and other alcoholic beverages; harms of wine, beer and other alcoholic beverages to health of people, economy, society; relationship between abuse of wine, beer and other alcoholic beverages with harms to health and society – economy in order to propose measures to interfere appropriately and feasibly;

c) Policy of interference to decrease harms of abusing wine, beer and other alcoholic beverages must be supervised, assessed on efficiency of implementation in order to timely adjust;

d) To prioritize arrangement of force resource in order to research and give out scientific and technological solutions aiming to gradually increase efficiency in activities of preventing abuse of wine, beer and other alcoholic beverages;

dd) To push up cooperation with other countries when participating in economic and international commercial treaties involving the wine, beer and other alcoholic beverages aiming to decrease disadvantage impacts to health of community and economy - society. To strengthen international and regional experiences share and exchange in setting up the database, scientific study, training, support of funding and information exchange involving prevention of harms of abusing wine, beer and other alcoholic beverages, elaborate policy, law on preventing harms of abusing wine, beer and other alcoholic beverages.

IV. ROADMAP OF IMPLEMENTATION

1. 2014-2016 period

To concentrate in implementation of solutions on information; education and communication; establishment and operation of National Steering Board of preventing harms of abusing wine, beer and other alcoholic beverages; arrangement of resources to implement policy; research, review, elaborate, amend and supplement legal documents on preventing harms of abusing wine, beer and other alcoholic beverages, submit to National Assembly for promulgating Law on preventing harms of abusing wine and beer; strengthen measures to manage handmade wines; prepare conditions of mechanism and resources in order to select, detect, conduct detoxification and prevent re-addiction involving wine, beer and other alcoholic beverages at community; strengthen inspection, examination and handling of violations on preventing harms of abusing wine, beer and other alcoholic beverages; assess, conduct preliminary review on implementation of objectives in this Policy.

2. 2017-2020 period

To further implement adequately solutions on preventing harms of abusing wine, beer and other alcoholic beverages: measures to control the use demand, measures to control supply and measures to decrease harms of abusing wine, beer and other alcoholic beverages; complete law on preventing harms of abusing wine, beer and other alcoholic beverages; check, assess, conduct final review of implementation of this Policy.

V. RESPONSIBILITIES OF IMPLEMENTATION

1. The Ministry of Health shall:

a) Assume the prime responsibility for, and coordinate with Ministries, Ministerial agencies, Governmental agencies, the provincial People’s Committees and relevant agencies and organizations in guiding, organizing implementation of national policy of preventing harms of abusing wine, beer and other alcoholic beverages nationwide.

b) Assume the prime responsibility for, and coordinate with relevant Ministries and sectors in reviewing, promulgating under its competency or propose to amend and supplement legal documents on preventing harms of abusing wine, beer and other alcoholic beverages involving state management of Ministry of Health; compose and submit to National Assembly for promulgation of Law on preventing harms of abusing wine and beer. Coordinate with the Ministry of Industry and Trade in stipulating on the maximum quantity of wine, beer and other alcoholic beverages which are permitted to sell for a customer to use on spot; stipulating on information, printing for warning on product labels about harms of abusing wine, beer and other alcoholic beverages. Promulgate regulations on quality, safety of handmade wines.

c) Push up activities of health communication and education about harms of abusing wine, beer and other alcoholic beverages; prepare necessary conditions to carry out services of detecting, selecting, medical treatment, prevention of re-addiction and continuous case for persons who abuse wine, beer and other alcoholic beverages in community.

d) Assume the prime responsibility for, and coordinate with the Ministry of Finance and relevant agencies in research to submit to Government for proposing to National Assembly in establishing Fund for improving health of community on the basis of integration with Fund for preventing tobacco harms; research and propose regulation on collecting a contribution from production and business activities of wine, beer and other alcoholic beverages or other appropriate methods to contribute aiming to support directly for activities of improving health of community and preventing harms of abusing wine, beer and other alcoholic beverages.

dd) Assume the prime responsibility for, and coordinate with relevant agencies in submitting the Prime Minister for deciding in establishment of National Steering Board of preventing harms of abusing wine, beer and other alcoholic beverages.

2. The Ministry of Industry and Trade shall:

a) Assume the prime responsibility for, and coordinate with relevant Ministries and sectors in reviewing, promulgating under its competency or propose for amending and supplementing of legal documents on production, business, import, export of wine, beer and other alcoholic beverages; assume the prime responsibility for, and coordinate with the Ministry of Health in stipulating on the maximum quantity of wine, beer and other alcoholic beverages which are permitted to sell for a customers to use on spot, stipulating on the sale of wine, beer and other alcoholic beverages with responsibilities; elaborate Decree on managing production and business of beer and other alcoholic beverages to submit to Government for promulgation in 2014.

b) Strengthen management, examination, supervision and handling of violations on content of wine, beer and other alcoholic beverage advertisement under its competency.

c) Strengthen implementation of measures to prevent wine, beer and other alcoholic beverages illegally imported, faked, failing to satisfy quality.

d) Assume the prime responsibility for, and coordinate with the Ministry of Health and relevant Ministries and sectors in advising Government about coordination mechanism aiming to minimize disadvantage impacts to wine, beer and other alcoholic beverages when participating in International treaties in economy and commerce.

3. The Ministry of Culture, Sports and Tourism shall:

a) Strengthen management on activities of advertisement and inspection, examination of implementation of legislations on advertising wine, beer and other alcoholic beverages under its competency;

b) Coordinate with relevant Ministries, sectors, and localities in examination, inspection over implementation of regulations on banning the wine sale in recreation facilities, places of art performance, sport competition;

c) Strictly manage the license of cultural, sport and physical exercise, festival activities and strengthen examination to ensure these activities not having advertisements, marketing, and donations of enterprises producing and trading in wine;

d) Guide localities, population communities in making commitments on not abusing wine, beer and other alcoholic beverages in funerals, festivals, weddings and set in village conventions and internal regulations;

dd) Assume the prime responsibility for, and coordinate with relevant Ministries and sectors in reviewing, proposing for amending and supplementing regulations on preventing harms of abusing wine, beer and other alcoholic beverages involving sectors managed by it and submit to Government for promulgation.

4. The Ministry of Information and Communications shall:

a) Strengthen examination, inspection over publishing information, advertisements involving wine, beer and other alcoholic beverages on means of mass media;

b) Direct mass media agencies in propagating, publishing information of using wine, beer and other alcoholic beverages to ensure the conformity with law; warn harms of abusing wine, beer and other alcoholic beverages; introduce services supporting decrease of harms of abusing wine, beer and other alcoholic beverages and popularize legislations on preventing harms of abusing wine, beer and other alcoholic beverages.

5. The Ministry of Education and Training shall:

a) Assume the prime responsibility for, and coordinate with relevant Ministries and sectors in researching, integrating contents of education about prevention of harms of abusing wine, beer and other alcoholic beverages in main teaching subjects and extracurricular activities in line with educational grades, levels;

b) Assume the prime responsibility for, and coordinate with relevant agencies in checking implementation of legislation on banning sale of wine, beer and other alcoholic beverages in schools and areas surrounding schools.

6. The Ministry of Public Security shall:

Direct examination and handling of violations related to alcohol content in blood and breath of drivers of vehicles joining in traffic;

b) Coordinate with Ministries, sectors in implementation of legislations on preventing harms of abusing wine, beer and other alcoholic beverages aiming to detect, prevent smuggling, disorder, unsafe society and crimes;

c) Assume the prime responsibility for, and coordinate with relevant Ministries and sectors in reviewing, proposing for amending and supplementing regulations on handling administrative violations in order and social safety related to preventing harms of abusing wine, beer and other alcoholic beverages and submit to Government for promulgation.

7. The Ministry of Transport shall:

Preside over reviewing Law on road traffic, Law on railway, Law on internal waterway traffic in order to propose for unified regulations on alcohol content in blood and breath of persons driving means joining in traffic.

8. The Ministry of Finance shall:

a) Preside over research and propose roadmap to adjust excise tax for wine, beer and other alcoholic beverages;

b) Direct customs agencies in strengthen the work of preventing harms of wine, beer and other alcoholic beverages which are illegally imported, faked and fail to satisfy quality;

c) Guide allocation of budget for implementation of this policy.

9. Ministries, Ministerial agencies, Governmental agencies shall implement prevention of harms of abusing wine, beer and other alcoholic beverages involving their management and regularly monitor, check implementation; conduct preliminary and final reviews periodically and report result of implementation to the Ministry of Health for summing up and reporting to the Prime Minister.

10. Vietnam Fatherland Front and its members:

a) Research to call and implement movement of people in unity and elaboration of cultural life at residential areas in associated with solutions of preventing harms of abusing wine, beer and other alcoholic beverages;

b) Consider to mobilize participation of mass associations, social organizations in supervising implementation of legislations on preventing harms of abusing wine, beer and other alcoholic beverages; legislations on production and business of wine, beer and other alcoholic beverages in community. Promote role of community in supervising, detecting and timely preventing acts of driving means of transport after using wine, beer and other alcoholic beverages, acts of disrupting social order, domestic violence and other violations due to use of wine, beer and other alcoholic beverages.

11. The provincial People’s Committees shall:

a) Directly guide, carry out, invest and mobilize resources, allocate local budget to perform this policy, integrate criteria of preventing abuse of wine, beer and other alcoholic beverages in plan on social-economic development of localities;

b) Direct agencies, organizations, mass associations in localities to participate in implementation and supervision over implementation of policy; supervise implementation of legislation on preventing harms of abusing wine, beer and other alcoholic beverages, especially aces of using wine, beer and other alcoholic beverages by the juvenile, strengthen management over the handmade wine production and business in localities;

c) Regularly monitor, check implementation; conduct preliminary and final reviews periodically and report result of implementation to the Ministry of Health in order to sum up and report to the Prime Minister.

12. Vietnam Association of Beer, Wine and Beverage shall popularize, propagate and participate in supervision of implementation of Policy by its members.

Article 2. In this Policy, the following terms are construed as follows:

1. Alcohol unit is a measuring unit used to convert wine, beer and other alcoholic beverages of various contents, equivalent to 10 grams pure ethanol in drinkable solution (about 2/3 of 500ml beer bottle or 01 330ml beer can 5%, 1 330ml beer glass, 1 small glass of 100ml wine 13.5%, 1 cup of 30ml heavy wine of 40%-43%).

2. Abuse of wine, beer and other alcoholic beverages mean use of wine, beer and other alcoholic beverages with the extent, dose, or unsuitable subjects which result changes of functions of body or clinical signs of bad effects to health of users (children, pregnant women or women feeding babies with mother milk using wine, beer and other alcoholic beverages; persons at 60 years of age or older drinking more 14 alcohol units weekly, more 2 alcohol units daily, more ½ alcohol units per hour; persons under 60 years of age drinking more 21 alcohol units weekly, more 3 alcohol units daily, more 1 alcohol unit per hour) or using wine, beer and other alcoholic beverages in case banned strictly under law.

3. Harms of abusing wine, beer and other alcoholic beverages are harmful effects of abusing wine, beer and other alcoholic beverages to health of users, families, community and economy - society.

Article 3. This Decision takes effect on the day of its signing.

Article 4. Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, chairpersons of provincial/municipal People’s Committees shall implement this Decision.