Decree No. 105/2017/ND-CP on alcohol business

DECREE

On alcohol business

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Trade Law dated June 14, 2005;

Pursuant to the Food Safety Law dated June 17, 2010;

Pursuant to the Investment Law dated November 26, 2014;

At the proposal of the Minister of Industry and Trade;

The Government issues the Decree on alcohol business.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates activities related to alcohol business, including production, importation, distribution, wholesale, retail of alcohol; and sale of alcohol for immediate consumption. This Decree does not apply to:

a) Export, temporary import for re-export, temporary export for re-import, transshipment, transit of alcohol;

b) Import of alcohol for duty-free shop business;

c) Import of alcohol from abroad into tax-free zones, purchase and sale of alcohol between tax-free zones; alcohol business in tax-free zones, storage in bonded warehouses;

d) Alcohol imported as baggage, movable property, gifts, samples within the tax-exempted quota, subject to tax exemption examination, or exempt from taxation.

Article 2. Applicability

This Decree applies to traders engaged in alcohol business and organizations and individuals related to alcohol business.

||| (hereinafter referred to as the Center) under the Department of Tender Management, Ministry of Planning and Investment is the Organization operating the System as prescribed in Article 85 of the Law on Bidding, providing digital signature certification services used on the System, and providing a user support hotline to answer and guide users during their registration process, provision and publication of tender information, and online contractor selection.

In this Decree, the following terms shall be understood as follows: Alcohol is a food beverage containing ethanol, produced through fermentation (with or without distillation) from starch of various grains, fruit juice, or prepared from food-grade ethanol. Alcohol does not include: Beer of all kinds; fermented fruit juices with alcohol content below 5% by volume.

2. Industrial alcohol production is the activity of producing alcohol on industrial machinery and equipment assembly lines.

3. Handicraft alcohol production is the activity of producing alcohol using traditional tools without the use of industrial machinery and equipment.

4. Semi-finished alcohol is unfinished alcohol used as raw material for finished alcohol production.

5. Sale of alcohol for immediate consumption is the activity of selling alcohol directly to consumers for consumption at the point of sale.

Article 4. Principles of alcohol management

Alcohol business falls under the list of industries and trades subject to conditional business investment. Organizations and individuals engaged in industrial alcohol production, handicraft alcohol production for business purposes, distribution, wholesale, retail of alcohol, and sale of alcohol for immediate consumption must have a permit as prescribed in this Decree. Organizations and individuals engaged in handicraft alcohol production for sale to enterprises holding a permit for industrial alcohol production for further processing must register with the People's Committee of the commune.

Article 5. Quality and Food Safety

1. Alcohols that have technical standards must be declared compliant and registered with the competent state agency before being circulated on the market.

2. Alcohols that do not have technical standards must be declared in compliance with food safety regulations and registered with the competent state agency before being circulated on the market until corresponding technical standards are issued and become effective.

3. Procedures for declaring compliance and declaring compliance with food safety regulations shall be carried out in accordance with the Food Safety Law, the Government's Decree detailing implementation of certain provisions of the Food Safety Law, and other current regulatory legal documents relevant to this matter.

Article 6. Stamping and Labeling of Alcoholic Beverages

1. Alcoholic beverages produced for domestic consumption and imported alcoholic beverages must be stamped and labeled according to regulations, except for cases where alcoholic beverages are manually produced for sale to enterprises with a Production License for Industrial Alcohol for further processing.

2. Imported semi-finished alcoholic beverages do not need to be stamped.

Article 7. Violations of Legal Provisions on Alcoholic Beverage Business

1. Engaging in alcoholic beverage business without a license or not in accordance with the contents recorded in the license as stipulated in this Decree.

2. Using food-grade alcohol that does not meet standards, industrial alcohol, or other prohibited raw materials to produce or mix alcoholic beverages.

3. Renting or lending an Alcoholic Beverage Business License.

4. Displaying, purchasing, selling, circulating, or consuming types of alcoholic beverages without proper stamps and labels as required by law, alcoholic beverages that do not meet quality and safety standards, or alcoholic beverages of unknown origin.

5. Selling alcoholic beverages to individuals under 18 years old, selling alcoholic beverages with an alcohol content of 15 degrees or higher through the Internet, or selling alcoholic beverages using automatic vending machines.

6. Advertising or promoting alcoholic beverages in violation of legal provisions.

Chapter II

ALCOHOLIC BEVERAGE BUSINESS

Section 1

CONDITIONS FOR ALCOHOLIC BEVERAGE BUSINESS

Article 8. Conditions for Industrial Alcohol Production

1. They must be enterprises established in accordance with the law.

2. Having production machinery, equipment, and technology processes that meet the expected production scale.

3. Ensuring conditions for food safety as prescribed.

4. Ensuring conditions for environmental protection as prescribed.

5. Meeting labeling requirements for alcoholic beverages.

6. Having technical staff with appropriate qualifications and expertise in the alcohol production industry.

Article 9. Conditions for Handcrafted Alcohol Production for Business Purposes

1. Being a company, cooperative, association of cooperatives, or individual business established in accordance with the law.

2. Ensuring conditions for food safety and labeling of alcoholic beverages as prescribed.

Article 10. Conditions for producing handcrafted alcohol to sell to enterprises with a Production License for Industrial Alcohol for further processing

1. Having a purchase and sale contract with an enterprise holding a Production License for Industrial Alcohol.

2. In cases where handcrafted alcohol producers do not sell to enterprises with a Production License for Industrial Alcohol, organizations or individuals producing handcrafted alcohol must complete procedures to obtain a Production License for Handcrafted Alcohol for Business Purposes as stipulated in this Decree.

Article 11. Conditions for Distributing Alcoholic Beverages

1. They must be enterprises established in accordance with the law.

2. Having lawful rights to use warehouses or warehouse systems with a total usable floor area of at least 150 square meters.² 

3. Alcoholic beverages intended for business must meet food safety conditions as prescribed.

4. Having a distribution system for alcoholic beverages in at least two centrally-administered provinces or cities, with at least one wholesaler in each province or city.

5. Having an introduction letter or a principle agreement from alcohol producers, distributors, or foreign alcohol suppliers.

6. Ensuring full compliance with fire prevention and environmental protection requirements as prescribed.

Article 12. Conditions for Wholesale of Alcoholic Beverages

1. They must be enterprises established in accordance with the law.

2. Having lawful rights to use warehouses or warehouse systems with a total usable floor area of at least 50 square meters.² 

3. Alcoholic beverages intended for business must meet food safety conditions as prescribed.

4. Having a wholesale system for alcoholic beverages in the province or centrally-administered city where the wholesaler's main office is located, with at least three retail traders.

5. Having an introduction letter or a principle agreement from alcohol producers, distributors, or other wholesalers.

6. Ensuring full compliance with fire prevention and environmental protection requirements as prescribed.

Article 13. Conditions for retailing alcohol

1. Being a company, cooperative, association of cooperatives, or individual business established in accordance with the law.

2. Legally use a fixed business location with a clear address.

3. Have an introduction letter or a principle contract from an alcohol manufacturer, alcohol distributor, or alcohol wholesaler.

4. The alcohol intended for sale must meet food safety conditions as prescribed.

5. Ensure full compliance with fire prevention and fighting requirements, and environmental protection conditions as prescribed.

Article 14. Conditions for selling alcohol for on-site consumption

1. Being a company, cooperative, association of cooperatives, or individual business established in accordance with the law.

2. Legally use a fixed business location with a clear address.

3. Alcohol for on-site consumption must be supplied by a trader holding a Production, Distribution, Wholesale, or Retail License for Alcohol.

4. Ensure full compliance with fire prevention and fighting requirements, and environmental protection conditions as prescribed.

5. In cases where traders produce alcohol themselves for on-site consumption, they must hold a Permit for Industrial Alcohol Production or a Permit for Handicraft Alcohol Production for Business Purposes as stipulated in this Decree.

Section 2

RIGHTS AND OBLIGATIONS OF ORGANIZATIONS AND INDIVIDUALS ENGAGED IN ALCOHOL BUSINESS

Article 15. Rights and obligations of industrial alcohol manufacturers

1. Sell alcohol produced by their enterprise to traders holding a Distribution, Wholesale, Retail License for Alcohol, or a License for Selling Alcohol for On-Site Consumption, and traders purchasing alcohol for export.

2. Directly sell retail alcohol, sell alcohol for on-site consumption at their own business locations for alcohol produced by themselves.

3. Purchase semi-finished alcohol domestically or import it for production of finished alcohol.

4. Purchase alcohol from organizations or individuals producing handicraft alcohol for reprocessing.

5. Comply with regulations on food safety, product labeling, fire prevention and fighting, and environmental protection.

6. Implement reporting systems and other obligations as prescribed in this Decree.

Article 16. Rights and obligations of traders producing handicraft alcohol for business purposes

1. Sell alcohol produced by themselves to traders holding a Distribution, Wholesale, Retail License for Alcohol, or a License for Selling Alcohol for On-Site Consumption, and traders purchasing alcohol for export.

2. Directly sell retail alcohol, sell alcohol for on-site consumption at their own business locations for alcohol produced by themselves.

3. Be responsible for implementing environmental protection regulations in their alcohol production activities.

4. Implement reporting systems and other obligations as prescribed in this Decree.

Article 17. Rights and obligations of organizations and individualsproducing handicraft alcohol for sale to enterprises holding a Permit for Industrial Alcohol Production for reprocessing

1. Not required to declare product quality, affix alcohol labels, or label alcohol products according to regulations.

2. During transportation to the point of consumption, organizations and individuals must present purchase and sale contracts with enterprises holding a Permit for Industrial Alcohol Production to competent authorities upon inspection.

3. Register handicraft alcohol production with the People's Committee of the commune according to Model No. 04 issued along with this Decree and be responsible for implementing environmental protection regulations in their alcohol production activities.

4. Not allowed to sell alcohol to organizations or individuals that are not enterprises holding a Permit for Industrial Alcohol Production who have signed purchase and sale contracts for reprocessing.

Article 18. Rights and obligations of traders distributing, wholesaling, retailing alcohol, and traders selling alcohol for immediate consumption

1. General rights and obligations:

a) Purchase and sell alcohol with legal origins;

b) Display a valid copy of the license issued by the competent authority at alcohol-selling locations and only purchase and sell alcohol according to the contents recorded in the issued license;

c) Implement reporting systems and other obligations as prescribed in this Decree.

2. Rights and obligations of alcohol distributors:

a) Import alcohol, purchase alcohol from domestic alcohol producers and other alcohol distributors according to the contents recorded in the license;

b) Sell alcohol to other alcohol distributors, wholesalers, retailers, and traders selling alcohol for immediate consumption within the permitted provincial and centrally-administered city areas;

c) Sell alcohol to traders purchasing alcohol for export;

d) Directly retail alcohol and sell alcohol for immediate consumption at business locations within the permitted provincial and centrally-administered city areas.

3. Rights and obligations of alcohol wholesalers:

a) Purchase alcohol from domestic alcohol producers, alcohol distributors, and other alcohol wholesalers according to the contents recorded in the license;

b) Sell alcohol to other alcohol wholesalers, retailers, and traders selling alcohol for immediate consumption within the permitted provincial and centrally-administered city areas;

c) Sell alcohol to traders purchasing alcohol for export;

d) Directly retail alcohol and sell alcohol for immediate consumption at business locations within the permitted provincial and centrally-administered city areas.

4. Rights and obligations of alcohol retailers:

a) Purchase alcohol from domestic alcohol producers, alcohol distributors, and alcohol wholesalers according to the contents recorded in the license;

b) Sell alcohol to traders selling alcohol for immediate consumption or directly to consumers at business locations according to the contents recorded in the license.

5. Rights and obligations of traders selling alcohol for immediate consumption:

a) Purchase alcohol from domestic alcohol producers, alcohol distributors, alcohol wholesalers, and alcohol retailers according to the contents recorded in the license;

b) Directly sell alcohol to consumers for immediate consumption at business locations according to the contents recorded in the license.

Section 3

APPLICATION FOR ALCOHOL BUSINESS LICENSE

Article 19. Documents for Application for Industrial Alcohol Production License

The application for an industrial alcohol production license (one set) includes:

1. An application form for an industrial alcohol production license according to Model No. 01 promulgated together with this Decree.

2. A copy of the Enterprise Registration Certificate or equivalent legal document.

3. A copy of the receipt of conformity declaration or food safety compliance confirmation certificate (for alcohol without technical standards); a copy of the food safety condition certification.

4. A copy of the decision approving the environmental impact assessment report or registration plan for environmental protection confirmation or environmental protection commitment registration confirmation issued by the competent authority.

5. A list of alcoholic products along with a copy of the product labels that the enterprise produces or intends to produce.

6. Copies of qualifications, professional certificates, and employment decisions or labor contracts of technical staff.

Article 20. Documents for Application to Obtain a Permit for Producing Handmade Alcohol for Business Purposes

The application package for obtaining a permit for producing handmade alcohol for business purposes (one set) includes:

1. An application form for a permit to produce handmade alcohol for business purposes according to Form No. 01 issued together with this Decree.

2. A copy of the Enterprise Registration Certificate, Cooperative Registration Certificate, Association of Cooperatives Registration Certificate, or Business Household Registration Certificate.

3. A copy of the receipt of conformity declaration or food safety compliance confirmation certificate (for alcohol without technical standards); a copy of the food safety condition certification.

4. A list of alcoholic products accompanied by a copy of the product label of the alcoholic products that the organization or individual produces or intends to produce.

Article 21. Documents for Application to Obtain a Permit for Distributing Alcohol

The application package for obtaining a permit for distributing alcohol (one set) includes:

1. An application form for a permit to distribute alcohol according to Form No. 01 issued together with this Decree.

2. A copy of the Enterprise Registration Certificate or equivalent legal document.

3. A copy of the lease/borrowing contract or documentation proving the lawful right to use the premises intended for storage, retail sale of alcohol, and on-site consumption (if engaged in such activities) as prescribed.

4. A copy of the Acceptance Notice of Compliance Declaration or Confirmation of Compliance with Food Safety Regulations (for alcohol without technical standards) of the alcohol products intended to be distributed.

5. A copy of the principle agreement, confirmation letter, or commitment to participate in the distribution system of wholesalers; a copy of the Wholesale Alcohol Permit of the wholesalers expected to join the distribution system of the enterprise applying for the permit.

Related documents regarding suppliers:

a) A copy of the introduction documents or principle agreements of domestic alcohol producers, other distributors, or foreign suppliers, clearly stating the types of alcohol intended to be distributed suitable for the supplier's operations.

b) In cases where the supplier is a domestic trader, a copy of the Alcohol Production Permit or Alcohol Distribution Permit is required.

7. A self-prepared commitment statement by the trader specifying their assurance to fully comply with fire prevention and environmental protection requirements as stipulated by law at the office, business location, and warehouse.

Article 22. Documents for Application to Obtain a Permit for Wholesaling Alcohol

The application package for obtaining a permit for wholesaling alcohol (one set) includes:

1. An application form for a permit to wholesale alcohol according to Form No. 01 issued together with this Decree.

2. A copy of the Enterprise Registration Certificate or equivalent legal document.

3. A copy of the lease/borrowing contract or documentation proving the lawful right to use the premises intended for storage, retail sale of alcohol, and on-site consumption (if engaged in such activities) as prescribed.

4. A copy of the Acceptance Notice of Compliance Declaration or Confirmation of Compliance with Food Safety Regulations (for alcohol without technical standards) of the alcohol products intended to be distributed.

5. A copy of the principle agreement, confirmation letter, or commitment to participate in the wholesale system of retailers; a copy of the Retail Alcohol Permit of the retailers expected to join the wholesale system of the enterprise applying for the permit.

Related documents regarding suppliers:

a) A copy of the introduction documents or principle agreements of domestic producers, distributors, or other wholesalers, clearly stating the types of alcohol intended to be distributed suitable for the producer's, distributor's, or other wholesaler's operations.

b) A copy of the Alcohol Production Permit, Alcohol Distribution Permit, or Alcohol Wholesale Permit of the suppliers.

7. A self-prepared commitment statement by the trader specifying their assurance to fully comply with fire prevention and environmental protection requirements as stipulated by law at the office, business location, and warehouse.

Article 23. Documents for Application for Retail Alcohol Sales Permit

The documents for application for a Retail Alcohol Sales Permit (one set) include:

1. An application form for a Retail Alcohol Sales Permit according to Form No. 01 issued together with this Decree.

2. A copy of the Enterprise Registration Certificate, Cooperative Registration Certificate, Association of Cooperatives Registration Certificate, or Business Household Registration Certificate.

3. A copy of the lease/borrowing contract or documentation proving the lawful right to use the premises intended for retail sales.

4. A copy of the introduction letter or principle contract of alcohol producers, alcohol distributors, or wholesale alcohol traders.

5. A copy of the Certificate of Acceptance of Conformity Declaration or Confirmation of Compliance with Food Safety Regulations (for alcohol without technical standards) of the alcohol products intended for business.

6. A commitment statement drafted by the trader, clearly stating that the trader ensures compliance with all requirements regarding fire prevention and environmental protection at retail alcohol sale locations as stipulated by law.

Article 24. Documents for Application for On-Premises Alcohol Sales Permit

The documents for application for an On-Premises Alcohol Sales Permit (one set) include:

1. An application form for an On-Premises Alcohol Sales Permit according to Form No. 01 issued together with this Decree.

2. A copy of the Enterprise Registration Certificate, Cooperative Registration Certificate, Association of Cooperatives Registration Certificate, or Business Household Registration Certificate.

3. A copy of the lease/borrowing contract or documentation proving the lawful right to use the premises intended for on-premises alcohol sales.

4. A copy of the purchase/sale contract of alcohol with traders having Production Permit, Distribution Permit, Wholesale Permit, or Retail Permit of alcohol.

5. A commitment statement drafted by the trader, clearly stating that the trader ensures compliance with all requirements regarding fire prevention and environmental protection at on-premises alcohol sale locations as stipulated by law.

Section 4

AUTHORITY AND PROCEDURES FOR ISSUING ALCOHOL BUSINESS PERMITS

Article 25. Authority and Procedures for Issuing Permits

1. Authority to issue permits:

a) The Ministry of Industry and Trade is the authority issuing Industrial Alcohol Production Permit with a scale of three million liters/year or more and Distribution Permit of Alcohol.

b) The Department of Industry and Trade is the authority issuing Industrial Alcohol Production Permit with a scale below three million liters/year and Wholesale Alcohol Permit within the province or centrally-administered city.

c) The Economic Department or the Economic and Infrastructure Department under the People's Committee of district, county, town, or provincial city is the authority issuing Handicraft Alcohol Production Permit for Business Purposes, Retail Alcohol Sales Permit, and On-Premises Alcohol Sales Permit within the district, county, town, or provincial city.

d) The authority issuing the permit has the power to amend, supplement, and reissue the permit.

2. Procedures for Issuing Permits:

a) The trader submits the documents directly, through postal service, or online (if eligible) to the competent authority issuing the permit.

b) For issuing Industrial Alcohol Production Permit, Distribution Permit of Alcohol, and Wholesale Alcohol Permit:

Within fifteen working days from the date of receiving complete and valid documents, the competent state authority will examine, assess, and issue the permit to the trader. In case of refusal, a written response must be provided with clear reasons.

If the documents are incomplete, the issuing authority must request additional documents within three working days from the date of receipt of the documents.

c) For issuing Handicraft Alcohol Production Permit for Business Purposes, Retail Alcohol Sales Permit, and On-Premises Alcohol Sales Permit:

Within ten working days from the date of receiving complete and valid documents, the competent state authority will examine, assess, and issue the permit to the trader. In case of refusal, a written response must be provided with clear reasons.

If the documents are incomplete, the issuing authority must request additional documents within three working days from the date of receipt of the documents.

Article 26. Issuance of Amended and Supplementary Licenses

1. In cases where there are changes to the contents of the license, the business entity must submit an application for issuance of amended and supplementary licenses to the competent state management agency.

2. The application for issuance of amended and supplementary licenses (one set) shall include:

a) An application form for issuance of amended and supplementary licenses according to Model No. 02 issued together with this Decree;

b) A copy of the previously issued license;

c) Documents proving the need for amendment and supplementation.

3. Procedures for issuing amended and supplementary licenses:

a) The trader submits the documents directly, through postal service, or online (if eligible) to the competent authority issuing the permit.

b) Within seven working days from the date of receipt of a complete and valid application, the competent state agency shall examine and issue the amended and supplementary license according to Model No. 06 issued together with this Decree. In case of refusal to issue the amended and supplementary license, a written response stating the reasons must be provided.

If the application is incomplete, within three working days from the date of receipt of the application, the agency issuing the amended and supplementary license must issue a written request for additional information.

Article 27. Reissuing permits

1. In cases of reissuance due to expiration of validity period:

The business entity must submit an application for reissuance of the license thirty days before the expiry date of the license. The application, authority, and procedures for reissuance under this provision shall apply as stipulated for new issuance.

2. In cases of reissuance due to loss or damage:

a) The application for reissuance (one set) shall include:

An application for reissuance according to Model No. 03 issued together with this Decree and the original or a copy of the previously issued license (if available);

b) The licensing authority shall base its decision on the retained file and the application for reissuance submitted by the business entity to issue the reissued license;

c) The validity period of the license will remain unchanged.

3. Procedures for reissuing licenses due to loss or damage:

a) The trader submits the documents directly, through postal service, or online (if eligible) to the competent authority issuing the permit.

b) Within seven working days from the date of receipt of a complete and valid application, the competent state agency shall examine and reissue the license according to Model No. 07 issued together with this Decree. In case of refusal to reissue, a written response stating the reasons must be provided.

If the application is incomplete, within three working days from the date of receipt of the application, the agency reissuing the license must issue a written request for additional information.

Article 28. Content and Validity Period of the License

1. The content of the license according to Model No. 05 issued together with this Decree.

2. Validity period of the license:

a) The validity period of the Industrial Alcohol Production License is fifteen years;

b) The validity period of the Handicraft Alcohol Production License for business purposes, Distribution License, Wholesale Alcohol License, Retail Alcohol License, and On-Premises Alcohol Consumption License is five years.

Article 29. Delivery and Retention of the License

1. For the Industrial Alcohol Production License:

The license shall be made in four copies: two copies retained at the issuing authority, one copy sent to the licensed enterprise, and one copy sent to the Ministry of Industry and Trade (for licenses issued by the Department of Industry and Trade) or the local Department of Industry and Trade (for licenses issued by the Ministry of Industry and Trade).

2. For the Handicraft Alcohol Production License for business purposes:

The license shall be made in four copies: two copies retained at the issuing authority, one copy sent to the licensed establishment, and one copy sent to the Department of Industry and Trade.

3. For the Distribution License:

The license shall be made in multiple copies: two copies retained at the issuing authority; one copy sent to the licensed enterprise; one copy sent to the Market Management Agency; one copy sent to the Department of Industry and Trade where the enterprise's main office is located; and one copy sent to each Department of Industry and Trade where the enterprise has registered for alcohol distribution; one copy sent to each alcohol producer or other alcohol trading enterprise named in the license.

4. For the Wholesale Alcohol License:

The license shall be made in multiple copies: two copies retained at the issuing authority; one copy sent to the licensed enterprise; one copy sent to the Ministry of Industry and Trade; one copy sent to the Market Management Sub-Department; and one copy sent to each alcohol producer or other alcohol trading enterprise named in the license.

5. For the Retail Alcohol License and On-Premises Alcohol Consumption License:

The license shall be made in multiple copies: two copies retained at the issuing authority; one copy sent to the licensed trader; one copy sent to the Department of Industry and Trade; one copy sent to the Market Management Sub-Department; and one copy sent to each alcohol producer or other alcohol trading enterprise named in the license.

Section 5

IMPORT OF ALCOHOL

Article 30. General Provisions on Importing Alcohol

1. Enterprises holding a Distribution License for Alcohol are permitted to import alcohol and shall be responsible for the quality and food safety of imported alcohol. In cases of importing semi-finished alcohol products, enterprises may only sell them to enterprises holding a Production License for Industrial Alcohol.

2. Enterprises holding a Production License for Industrial Alcohol are permitted to import or entrust others to import semi-finished alcohol products for the production of finished alcohol products.

3. Except as provided for in Article 31 of this Decree, imported alcohol must comply with the following requirements:

a) It must be labeled and have alcohol labels affixed in accordance with Article 6 of this Decree;

b) It must be granted a Notification of Acceptance of Conformity Declaration or a Confirmation of Compliance with Food Safety Regulations (for alcohol without technical standards) by a competent state agency of Vietnam before importation and must meet the national inspection regulations on food safety for imported food.

4. Alcohol can only be imported into Vietnam through international border gates.

Article 31. Importing Alcohol for the Purpose of Processing Notifications of Acceptance of Conformity Declarations or Confirmations of Compliance with Food Safety Regulations

Enterprises, including those not yet granted a Production License for Industrial Alcohol or a Distribution License for Alcohol, are permitted to import alcohol for the purpose of processing Notifications of Acceptance of Conformity Declarations or Confirmations of Compliance with Food Safety Regulations, with a total volume not exceeding three liters per label. Alcohol imported under these circumstances may not be sold on the market.

Chapter III

REPORTING REGIME AND REVOCATION OF LICENSES

Article 32. Reporting Regime

1. Before January 20 each year, industrial alcohol producers, craft alcohol producers for business purposes, alcohol distributors, wholesale alcohol traders, retail alcohol traders, and alcohol traders selling alcohol for immediate consumption must submit reports on their previous year's alcohol production and business operations to the competent state agency issuing the license according to Model No. 08 and Model No. 09 issued together with this Decree.

2. Before January 30 each year, People's Communes must submit reports on craft alcohol production for sale to enterprises holding a Production License for Industrial Alcohol for further processing within their jurisdiction to the Economic Department or the Economic and Infrastructure Department according to Model No. 10 issued together with this Decree.

3. Before February 15 each year, the Economic Department or the Economic and Infrastructure Department must submit reports on craft alcohol production for business purposes, craft alcohol production for sale to enterprises holding a Production License for Industrial Alcohol for further processing, and the previous year's retail alcohol sales and alcohol sales for immediate consumption within their jurisdiction to the Department of Industry and Trade according to Model No. 11 issued together with this Decree.

4. Before February 28 each year, the Department of Industry and Trade must submit reports on alcohol production, distribution, wholesale, retail, and sales of alcohol for immediate consumption within their jurisdiction from the previous year to the Ministry of Industry and Trade according to Model No. 12 issued together with this Decree.

Article 33. Revocation of Licenses

1. Licenses will be revoked in the following cases:

a) Falsifying application documents;

b) No longer meeting or failing to comply with the prescribed conditions;

c) Ceasing production and business activities;

d) The permit was issued beyond the authority;

d) A trader who has been granted a license but has not operated continuously for twelve months.

e) Violating the provisions of Article 7 of this Decree.

2. The competent state agency issuing the license has the authority to revoke the license.

3. Within five working days from the date of receiving the decision to revoke the license, the trader must submit the original license to the competent state agency that issued the revocation decision. The agency issuing the revocation decision must publish information about the license revocation on its website or electronic portal.

Chapter IV

STATE MANAGEMENT RESPONSIBILITIES

Article 34. Responsibilities of the Ministry of Industry and Trade

1. Submit to the Government, the Prime Minister for issuance or issue according to its authority, normative legal documents on alcohol business.

2. Implement state management responsibilities for the alcohol industry in investment construction in accordance with laws and the provisions of this Decree.

3. Manage food safety for alcohol.

4. Inspect and supervise alcohol trading establishments regarding compliance with product quality, food safety, and environmental protection regulations; handle complaints, denunciations, and deal with violations in alcohol business activities.

5. Take the lead and coordinate with relevant competent agencies to organize inspections, detect, and handle other violations related to alcohol business.

6. Take the lead or coordinate with state agencies to organize the confiscation and handling of smuggled alcohol, counterfeit alcohol, alcohol not meeting quality and food safety standards, and alcohol not labeled or affixed with labels as required.

7. Take the lead and coordinate to inspect, organize publicity, and disseminate the implementation of this Decree.

Article 35. Responsibilities of the Ministry of Finance

Take the lead and coordinate with the Ministry of Industry and Trade to stipulate the printing, issuance, affixing, and management of labels for domestically produced alcohol and imported alcohol.

Article 36. Responsibilities of the Ministry of Health

1. Inspect and supervise the implementation of regulations on preventing and combating the harmful effects of alcohol.

2. Coordinate with relevant agencies in detecting, inspecting, and handling fake alcohol, smuggled alcohol, and alcohol that does not meet food safety standards.

Article 37. Responsibilities of Ministries, Equivalent Ministries, and Government Agencies

Ministries, ministerial-level agencies, and government agencies within their respective jurisdictions and according to the division of labor by the Government shall be responsible for coordinating with the Ministry of Industry and Trade to manage the business of alcohol; promote and disseminate the implementation of the Decree on alcohol business.

Article 38. Responsibilities of People's Committees of provinces and centrally governed cities

1. Perform state management functions over the alcohol industry within their jurisdiction.

2. Inspect activities related to the production, import, circulation, and consumption of alcohol within their jurisdiction.

3. Supervise and inspect the implementation of product quality, food safety, tax obligations to the State, occupational safety, and environmental protection requirements in alcohol production facilities and handle violations according to the law within their jurisdiction.

4. Organize the implementation and promote education among the people regarding the business of alcohol as stipulated in this Decree.

5. Direct agencies, sectors, and People's Committees at all levels in the locality:

Promote and disseminate information to raise public awareness about the risks and harmful effects of excessive alcohol consumption and the use of alcohol containing harmful substances beyond permissible limits; guide consumers to only use alcohol products with clear origin and quality standards that meet food safety requirements; clarify the causes when alcohol poisoning occurs within their jurisdiction and take appropriate measures within their authority; strengthen inspection, supervision, and strictly penalize violations of the law in alcohol production and business activities.

6. Direct People's Committees at the district level: Strengthen inspection and supervision of alcohol production and business activities within their jurisdiction and strictly handle violations within their authority.

7. Direct People's Committees at the commune level: Continuously monitor, inspect, and supervise alcohol production and business activities within their jurisdiction and strictly handle violations within their authority.

Chapter V

IMPLEMENTING PROVISIONS

Article 39. Transitional Provisions

1. Alcohol producers, distributors, wholesalers, and retailers who have been granted licenses and whose licenses are still valid may continue to operate according to the contents recorded in their licenses. In case license holders need to amend or supplement their licenses, they must follow the provisions of this Decree.

2. Within three months from the date this Decree takes effect, alcohol sellers providing consumption on-site must complete procedures to obtain licenses according to the provisions of this Decree.

Article 40. Effective Date

1. This Decree shall take effect from November 1, 2017.

2. The Government's Decree No. 94/2012/NĐ-CP dated November 12, 2012 on alcohol production and business shall cease to be effective from the date this Decree takes effect.

Article 41. Implementation and responsibility for enforcement

1. The Ministry of Industry and Trade shall lead and coordinate with relevant ministries and sectors to provide guidance on implementing this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the central government shall be responsible for enforcing this Decree./.