VIETNAM BEER ALCOHOL BEVERAGE ASSOCIATION (VBA)

VBA BEER INDUSTRY’S MARKETING CODE

GUIDELINES FOR THE VIETNAM BEER INDUSTRY ON

RESPONSIBLE COMMERCIAL COMMUNICATIONS

Vietnam Beer Alcohol Beverage Association

18C Pham Dinh Ho, Hai Ba Trung,

Hanoi, Vietnam

Tel/Fax: (+84) 4 3821 8433

Email: hiephoivba@yahoo.com.vn

www.vba.com.vn

- May 2010 -

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Foreword

Beer is regularly enjoyed by people globally and has been an integral

part of the Vietnamese society and culture. Beer is generally made from malt,

hops, yeast and water with an alcohol by volume below 10%. When consumed

responsibly, beer is perfectly compatible with a balanced and healthy lifestyle.

While most people consume beers in a responsible way, a minority of

us still drink too often and too much. It is recognised that excessive or

irresponsible consumption of beers may have personal, social or health

consequences.

This code is designed to ensure that beer brand communication activities (in

relation to all brands of Vietnam Beer Alcohol Beverage Association (VBA)

‟s member companies do not encourage or condone excessive consumption of

beer or misuse of any kind.

It details and explains the association‟s rules on responsible commercial

communication in the context of the Vietnamese social and cultural landscape.

It is not the intention of the code to replace relevant national

laws/policies/codes in Vietnam but serves only as a common guideline for best

practice application in the area of responsible brand communication for

members of the Vietnam Beer Alcohol Beverage Association (VBA).

It is important that all members comply strictly with the code because

we are committed to play our part in alcohol-harm reduction in Vietnam.

We strongly urge all members to read the code and to discuss with the

Association where necessary, to ensure that everyone understands the rules

and most importantly, apply them consistently to all brand communications at

all times.

This code has been drafted in consultation with and endorsed by all

members of the VBA. The members‟ signatory endorsement is enclosed at the

end of this document for your reference.

______________________

Nguyen Van Viet

Chairman, VBA

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Contents

I. General regulation ………………………………………………………… 3

1. General principle ………………..……………………………….. 4

2. Field of application ………………………………………………. 5

II. Code of Conduct…….…………………………………………….............5

5.1. Enforcement of code and compliance with laws and regulations…......5

5.2. Minors and underage drinking ………………………………………6

5.3. Responsible drinking …………………………………………….......7

5.4. Drinking and driving ..……………………………………………….7

5.5. Performance and work place ..……………………………………….8

5.6. Anti-social behaviour………………………………………………...8

5.7. Medicinal or therapeutic value and alcohol content .………………..9

5.8. Social and sexual success ..………………………………………….9

5.9. On and off trade promotion…………………………………………..9

5.10. Internal compliance ………………………………………………...10

5.11. Employee responsibility…….............................................................11

5.12. Responsible consumption programme………………………………11

5.13. Applying the Code: Communication with consumers........................11

III. Execution…………..………………………………………...................12

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Miisrty of Inustry and Trade

Vietnam Beer Alcohol

Beverage Association

The Socialist Republic of Vietnam

Independence – Freedom - Happiness

Hanoi, May 13rd, 2010

VBA BEER INDUSTRY’S MARKETING CODE

GUIDELINES FOR THE VIETNAM BEER INDUSTRY ON

RESPONSIBLE COMMERCIAL COMMUNICATIONS

chapter I

General regulations

The Vietnam Beer Alcohol Beverage Association (VBA) aims to set the

highest standards for ethical behaviour and industry responsibility. As such,

we aim for all commercial communication to be responsible, appropriate and

sensitive to the social and cultural environment in Vietnam.

More significantly, this code serves to help us avoid irresponsible beer

brand communication - the kind that can be misconstrued as encouragement or

excuse to misuse of beer.

However, given the complexity of the Vietnam beer industry and size

of the restaurant, retail, bar and hospitality business, VBA may not always be

involved or aware of the commercial communication or promotion of our

member‟s products. This affects our ability to ensure that these activities

adhere to the guidelines of this code.

Hence, to ensure compliance to this code, our members have pledged to

practice stringent self-regulation. We are also committed to work with our

partners and relevant organisations to encourage and inculcate self-regulation

and to maximise compliance.

Self-regulation demonstrates the industry‟s commitment to conduct

itself responsibly and safeguard consumers‟ interests. It is in the interests of

VBA members to ensure that its commercial communications are properly

self-legislated so that they are legal, decent, honest and truthful. Such an

important responsibility is shared with the whole “communications” chain,

including the advertising industry, the hospitality sector and retailers.

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Effective self-regulation value-adds and complements Vietnam‟s

existing legislation on beer commercial communications without overly

restricting the scope of marketing, advertising, promotion and sponsorship

unnecessarily. This is particularly important as commercial communications

are beneficial in promoting free trade, safeguards product quality, aids

consumer education and reduces illegal purchase and consumption.

Self-regulation ensures that beer commercial communications do not

target young people below the legal drinking/purchasing age or encourage

excessive or irresponsible consumption.

However, self-regulation cannot be expected to solve public health issues

such as underage drinking or beer misuse, which usually stem from more

complex social issues. It aims only to complement the government‟s effort to

keep alcohol-related harms at bay through responsible actions and best

practices.

1. General principle:

All commercial communications by VBA members must:

Be legal and abide by the rules of fair competition and good business

practice;

By this, we mean that all commercial communications should comply with

all local, regional and national rules, regulations, laws and business

practices in Vietnam.

Be decent, honest and truthful;

By ‘decent’, we mean to avoid violence, dangerous, unethical or

irresponsible behaviour, sexual imagery, messages or innuendos in all our

commercial communications. By ‘honest’ and ‘truthful’, we mean that our

commercial communications should never lie or present false facts or

attributes of our products

Be designed with the intention of helping lawful adult drinkers make

informed choices;

Nver compromise human dignity and integrity or be unethical in any

way;

Be respectful and in no way be offensive to the Vietnamese culture;

Comply with the rules set in this code of conduct.

With regards to promotions, VBA members must:

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Ensure that no one above the legal drinking age should be disallowed to

participate in any promotion on the basis of their race, sexual

orientation, religion or political inclination;

2. Field of application:

Throughout this code, we have defined “commercial communications”

as “All forms of communication through any medium that has the intention of

promoting, marketing, advertising any beer brand. By “medium”, we mean:

Broadcast media (TV, radio);

Print media (newspapers, magazines, posters, pamphlets, etc.);

Internet (including internal promotional and third-party websites);

Digital and mobile phone platforms (SMS, MMS, instant messaging);

Merchandising and premiums;

Product packaging (primary & secondary);

Outdoor media (billboards, buses, taxis, etc.);

Point-of-sale materials;

On and off premise promotions;

Public relations;

Sponsorships and product placements.

Commercial communications do not include non-advertising or

promotional materials or statements to the media, government or the public

such as educational messages about responsible drinking or trends on beer

consumption in Vietnam.

chapter II

CODE OF CONDUCT

1. Enforcement of the code & compliance with laws & regulations

a. All commercial communications must comply with all prevailing

Vietnamese laws, advertising regulations and self-regulatory codes of

practices, including laws related to the sale and consumption of beer and anti-

competition laws.

b. Where conflict between prevailing country laws and regulations and

this code of conduct exists, such laws and regulations will prevail over this

code.

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c. All VBA members are responsible for enforcing this code of conduct

to all aspects of commercial communications, including working with partners

to ensure maximum compliance.

d. Complaints or queries received from the public or the Vietnamese

authorities are to be directed to VBA which will attend to them accordingly.

2. Minors & underage drinking

a. All commercial communications must never target minors or

underage drinkers (i.e. those below the legal purchasing and drinking age in

Vietnam).

b. VBA members can only promote beer through media, programmes or

at events where the majority of the audience are known to be adults within the

legal purchasing and drinking age in Vietnam. No commercial

communications should be conducted within a reasonable distance from

elementary, secondary or high schools, places of worship or public

playgrounds.

c. People featured in all commercial communications or involved in

VBA events/activities must be and must look above the legal beer purchasing

and drinking age in Vietnam.

d. No commercial communications should portray minors consuming

beer or include minors suggesting that they have just consumed, are

consuming or are about to consume beer.

e. Do not use familiar brands, objects, images, symbols, music,

cartoon/fictitious characters or persons (including celebrities) that appeal

primarily, or are designed with the intention to be attractive to children or

adolescents. This includes the use of icons related to specific festive periods,

e.g. Santa Clause.

f. Do not condone activities/events that will include people under the

legal purchasing and drinking age in Vietnam.

g. Avoid product, brand or logo placement in any movie, television

series, etc that is produced specifically with minors in mind.

h. Do not use beer brand identity (e.g. logo) on items (e.g. clothing,

toys, games, etc) intended for minors.

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i. All websites related to VBA or its members must ask for age

declaration at the point of access and must carry responsible drinking

messages. Entry is restricted to people over the legal purchasing and drinking

age in Vietnam.

k. All content of internet ads, SMS messages or any other Web 2.0

technologies (e.g. blogs, podcasts, etc) must be clearly adult-oriented.

3. Responsible drinking

a. All commercial communications should not encourage illegal or

irresponsible consumption, nor present abstinence or drinking in moderation in

a negative way.

b. All commercial communications should not aim at promoting

excessive consumption or feature people who appear to be intoxicated or in

any way, imply that intoxication or drunkenness is acceptable.

c. All commercial communications must not involve individuals who

are not recommended to consume beer, such as pregnant women.

d. Avoid promotional activities or elements that encourage excessive or

irresponsible consumption, e.g. drinking games that involve either „speed

incentives‟ or drinking of excessive amounts of beer in a short time.

Promotional activities and messages should never encourage consumers to

engage in risky or potentially dangerous activities.

e. Do not pressure people into participating in promotional activities.

4. Drinking and driving

a. All commercial communications must never depict or encourage

consumption of beer while driving motor vehicles of any kind or riding a

bicycle or tricycle.

b. Our position is „don‟t drink and drive‟ so avoid commercial

communications that depict people driving to a party or before entering a bar.

If so, it must be made clear that the individuals will not drive later, e.g.

showing the featured person taking a taxi or handling car keys to a non-

drinker.

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c. Be prudent with commercial communications at venues closely linked

with driving, e.g. on highways or highway restaurants or stores. A clear „don‟t

drink and drive‟ or „enjoy beer responsibly‟ message is obligatory.

d. No sponsorship of events or activities that involve participation in

motor sports (e.g. Formula One team sponsorship, car rallies or races to bars).

This means that all commercial communications must never depict

consumption of beer before or while driving.

e. Provision is made, however, to motor sports when regarded as a

spectator sport. We believe that consumers are able to differentiate between

the notion of being a participant or a mere spectator of the motor sport in

relation to consumption of beer. Hence, VBA is not adverse to sponsorship of

spectator sports that focus on motor racing (e.g. Formula One, car shows, etc).

5. Performance and workplace

a. All commercial communications must never be associated with the

operation of machinery and/or while undertaking any potentially hazardous

activities, including recreational ones.

b. All commercial communications must not depict people consuming

beer in the workplace or are working under the influence of beer.

6. Anti-social behaviour

a. All commercial communications should not suggest, feature or imply

any association with violent, aggressive, dangerous, anti-social behaviour

(defined as any action that may, directly or indirectly, cause distress,

annoyance or inconvenience to other people) or acceptance of, or allusion to,

illicit drugs.

b. All commercial communications should not show littering or

improper disposal of VBA members‟ products or packaging, unless for the

purpose of promoting anti-littering or recycling campaigns.

c. Do not sponsor events or activities that are associated with violence or

aggression or possible inappropriate behaviour which may endanger third

parties.

7. Medicinal or therapeutic value and alcohol content

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a. All commercial communications must never suggest that beer can

prevent, treat or cure a human disease or associate it with such properties.

b. Never create the impression that consumption of beer enhances

mental ability (e.g. concentration, intelligence or alertness) or physical

capability (e.g. strength or stamina) or position them as a stimulant or sedative.

Beers must never be promoted as „energy drinks‟.

c. All commercial communications must not present high alcoholic

strength as a positive quality of the beer brand or as a reason for choosing it. It

is also vital to not imply that consuming beer brands with low alcohol content

is a way to avoid beer misuse or a form of responsible consumption.

d. Communication without any commercial intentions may refer to the

positive health aspects of moderate beer consumption but should always

acknowledge that irresponsible consumption can have adverse effects.

8. Social and sexual success

All commercial communications should not create the impression that

the consumption of beer enhances sexual attractiveness or performance or

contributes towards, or is a pre-requisite for social acceptance, popularity or

sexual success.

9. On and off trade promotions

a. Sampling is only limited at licensed or private premises, trade fairs or

occasions in accordance with local regulations. Free samples must never be

offered to minors.

b. Promoter girls employed to facilitate in the selling of beer brands

should be over the legal purchasing and drinking age in Vietnam.

c. When promoting “Happy Hours” where beer brands are available at a

discounted price for a certain period, all commercial communications must

ensure that a clear and reasonable time period is set for the promotion.

10. Internal compliance

a. The VBA will offer its members a free and confidential Advisory

Service to encourage and maximise compliance to this Code.

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b. The Advisory Service offers its members an opportunity to seek

advice, in advance, about the packaging (including naming and labelling) of

any beer product that they plan to launch or about any promotional material or

activity that they intend to undertake which is covered by this Code. This

enables any concerns about possible breaches of the Code to be discussed and

dealt with at an early stage.

c. Requests for advice should be addressed to the VBA needs tobe ready

to anser any media queries about this Service and should be accompanied by

visuals of the product and/or full details of the promotional activity. Advice is

normally provided within one working week of the request being received.

d. Although the VBA Advisory Service is intended to help the industry

avoid potential issues, it is important that VBA members understand the

following limitations.

1. The Advisory Service does not constitute any kind of approval or

endorsement by VBA.

2. While the Advisory Service aims to help reduce the risk of complaints,

it offers no guarantee that none will be received.

3. The Advisory Service‟s advice is non-binding and in no way affects a

company‟s own obligation to ensure that its products and promotional

materials and activities comply with the Code and any other Vietnamese

regulations and laws.

4. The Advisory Service is not liable for any loss suffered, negative impact

to business or public complaints received by the company. The company

must be responsible for taking the Service‟s advice into consideration

when implementing its commercial communications.

5. The Advisory Service promises confidentiality when offering its advice

to a company. It will not disclose to any third party any advice that has

been given and a company must not use or refer to VBA‟s advice as part

of any commercial communications or present it as an endorsement of

any product.

11. Employee responsibility

a. Employees of beer companies who are VBA members are not

permitted to be in-charge of a vehicle while under the influence of beer.

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Employees are encouraged to take public transport or make alternative

arrangements with colleagues who did not consume beer.

b. Employees must drink in moderation when on business or company

premises.

c. Employees who fail to abide by this Code will be subjected to

appropriate disciplinary measures by the individual companies concerned

12. Responsible consumption programme

a. As responsible manufacturers of beer, VBA and its members aims to

work in partnership with the relevant Vietnamese authorities to sustain our

efforts in educating consumers in using our products responsibly and in

moderation through suitable programmes or campaigns.

b. We will also continue to identify and support suitable initiatives that

help mitigate the impact of our business or alcohol-related harms on

consumers and the society.

13. Applying the Code: Communication with consumers

a. Members of the public/consumers can be the industry‟s best ally in

policing VBA members‟ compliance to the Code.

Members of the public/consumers need to be informed about the

existence of such a self-regulatory policy and how complaints can be made if

they spot offensive, misleading or inappropriate beer brand commercial

communications.

b. Part of the work of industry self-regulation should be the publication

of information about the self-regulatory system with details on how complaints

can be made. Such community involvement allows for enhanced industry

policing while making sure that beer companies are accounting for their

actions.

c. Information publicity efforts can take the form of an advertising or PR

campaign. Beer companies can also help by making reference to the self-

regulation policy and VBA‟s efforts on their respective corporate websites or

relevant publications/publicity materials.

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chapter III

EXECUTION

This Code is effective from the date of announcement and its launch on

13 May 2010. In the event of any dispute, difficulty or conflict arising from

adhering to this Code, companies should inform and consult with the VBA for

an appropriate solution.

As a member of VBA, we pledge, on behalf of our companies, to

commit to the rules set out in this Code to ensure responsible commercial

communications of our beer products at all times, to the best of our ability.

This includes working with our partners to maximise compliance of the Code.

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