Circular No. 10966/BCT-TTTN guides the implementation of Circular No. 10/2008/TT-BCT.

Unit: Equivalent USD: Departments of Industry and Trade of provinces and cities

On July 25, 2008, the Ministry of Industry and Trade issued Circular No. 10/2008/TT-BCT guiding the implementation of certain provisions of Government Decree No. 40/2008/NĐ-CP dated April 7, 2008 on production and business of alcohol. To unify the issuance of Business Licenses for alcohol by the Departments of Industry and Trade, the Ministry of Industry and Trade clarifies some contents related to other current specialized legal documents concerning the application materials of traders as follows:

I. Documents related to fire safety: Implemented according to the Law on Fire Prevention and Fighting, Government Decree No. 35/2003/NĐ-CP dated April 4, 2003 detailing and guiding the implementation of certain provisions of the Law on Fire Prevention and Fighting, Circular No. 04/2004/TT-BCA dated March 31, 2004 of the Ministry of Public Security guiding the implementation of Decree No. 35, specifically as follows:

1. For business premises dealing with alcohol (wholesale, retail, warehouses) with a total area of 300 m² or more or volume of 1000 m³ or more must have:

- A valid copy of the Insurance Contract for Fire and Explosion for the assets of that premise (Article 9 of the Law on Fire Prevention and Fighting)

- A valid copy of the "Certificate of Compliance with Conditions for Fire Prevention and Fighting" issued by the Fire Prevention and Fighting Police Department or the Fire Prevention and Fighting Police Office (Annex 2 of Decree No. 35)

2. For business premises dealing with alcohol (wholesale, retail) located within permanent or semi-permanent markets under the direct management of People's Committees at district level or higher; other permanent or semi-permanent markets, shopping centers, supermarkets, general stores with a total area of stalls of 300 m² or more or volume of 1000 m³ or more must have:

- A valid copy of the Insurance Contract for Fire and Explosion for the assets of the permanent or semi-permanent market, shopping center, supermarket, general store

- A valid copy of the "Certificate of Compliance with Conditions for Fire Prevention and Fighting" of the permanent or semi-permanent market, shopping center, supermarket, general store.

3. For all other wholesale and retail business premises where the trader is a business entity must have:

- A file tracking and managing fire prevention and fighting activities (Part I of Circular No. 04), specifically including:

+ Regulations, internal rules, directives, and guidance documents on fire prevention and fighting.

+ Decision establishing the fire prevention and fighting team.

+ Fire prevention and fighting plan.

+ List of fire prevention and fighting equipment.

- A valid copy of the "Inspection Report on Fire Safety" certified by the Fire Prevention and Fighting Police Office of the provincial or city police department; the time of issuing the report: within one year from the date of submitting the application for license (Article 19 of Decree No. 35).

4. For retail alcohol business premises of traders being households (with a business area less than 300 m² or volume less than 1000 m³) must have:

- A commitment to implement regulations on fire prevention and fighting (prepared by the household head based on detailed implementation of fire prevention and fighting responsibilities stipulated in Article 4 of Decree No. 35).

5. Motor vehicles and drivers transporting types of alcohol listed in the Hazardous Materials Fire and Explosion Catalogue in Annex 2 of Circular No. 04 must comply with the provisions of Article 12 of Decree No. 35. Motor vehicles must have a "Permit for Transporting Hazardous Materials Fire and Explosion" issued by the Fire Prevention and Fighting Police Department (Part VIII of Circular No. 04).

II. Documents related to food safety:Implemented according to Decision No. 42/2005/QD-BYT dated December 8, 2005 of the Ministry of Health on the issuance of the "Regulations on Product Standard Announcement", specifically as follows:

+ Domestic alcohol traders need to have: A valid copy of the "Product Standard Certificate" certified by the Department of Health or Health Center for all alcohol products they trade.

+ Imported alcohol traders need to have: A valid copy of the "Product Standard Certificate" certified by the Food Safety and Hygiene Department of the Ministry of Health for all alcohol products they trade.

IIIDocuments related to environmental protection: Implemented according to the Environmental Protection Law, Government Decree No. 80/2006/NĐ-CP dated August 9, 2006 detailing and guiding the implementation of certain provisions of the Environmental Protection Law, Circular No. 08/2006/TT-BTNMT dated September 8, 2006 of the Ministry of Natural Resources and Environment guiding strategic environmental impact assessment, environmental impact assessment, and environmental protection commitments. Specifically: All alcohol business premises (wholesale, retail, warehouses) must have:

- An "Environmental Protection Commitment" confirmed by the People's Committee at district or county level (Article 24 of the Environmental Protection Law and Section IV of Circular No. 08).

IV. Regarding conditions for quality preservation of alcohol, separate sales areas for alcohol, temperature and humidity control equipment:

1. For large-scale wholesale alcohol business premises (with warehouses, large display or sale areas): must be equipped with complete temperature testing and adjustment equipment (such as air conditioners, thermometers...), humidity testing and adjustment equipment (such as hygrometers, humidifiers...).

2. For small-scale retail alcohol business premises (specialized or general stores): must have a separate sales area for alcohol (not mixed with other goods), at least equipped with electric fans or ventilation fans to ensure the sales area remains cool and shaded, avoiding direct sunlight exposure to the products.

During the implementation of the above regulations, it is recommended that the Departments proactively contact relevant local government agencies (Health Departments, Natural Resources and Environment Departments, Fire Prevention and Fighting Police Offices) to coordinate and guide traders in obtaining appropriate alcohol business licenses in accordance with Circular No. 10 and other related legal documents.

In case of any remaining issues, it is requested that the Department reflect them to the Ministry of Industry and Trade for the Ministry to continue its research and resolution.

The Ministry of Industry and Trade hereby informs the Department for its knowledge and implementation.