Circular No. 39/2012/TT-BCT detailing certain provisions of Government Decree No. 94/2012/NĐ-CP dated November 12, 2012 on production and business of alcohol.

CIRCULAR

Regulations detailing certain provisions of Decree No. 94/2012/NĐ-CP dated November 12, 2012 of the Government on production and business of alcohol

ngày 12 tháng 11 năm 2012 của Chính phủ về sản xuất, kinh doanh rượu

__________________

Pursuant to Decree No. 189/2007/NĐ-CP dated December 27, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade; Decree No. 44/2011/NĐ-CP dated June 14, 2011 of the Government amending and supplementing Article 3 of Decree No. 189/2007/NĐ-CP dated December 27, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to Decree No. 94/2012/NĐ-CP dated November 12, 2012 of the Government on production and trade of alcohol;

The Minister of Industry and Trade promulgates regulations detailing certain provisions of Decree No. 94/2012/NĐ-CP dated November 12, 2012 of the Government on production and business of alcohol as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the procedures for issuing, reissuing, amending, supplementing, and revoking licenses for industrial alcohol production, licenses for traditional alcohol production for business purposes, certificates confirming registration for traditional alcohol production intended for sale to businesses with alcohol production licenses for further processing, licenses for distribution of alcohol products, wholesale licenses for alcohol products, and retail licenses for alcohol products as prescribed in Decree No. 94/2012/NĐ-CP dated November 12, 2012 of the Government on production and business of alcohol.

Article 2. Applicability

This Circular applies to organizations and individuals, both domestic and foreign, participating in activities related to alcohol production and business, and other activities related to alcohol production and business within the territory of Vietnam.

Article 3. Explanation of Terms

a) Certified copies in accordance with regulations (for submission via postal service/administrative correspondence);

b) Photographs accompanied by original documents for comparison (for direct submission);

c) Scans from original documents (if electronic submission of administrative procedures is applied).

2. A new license will be issued in cases of reissue due to damage, fire, loss; reissue after expiration following revocation; or reissue upon expiration of the current license.

Article 4. Alcohol Standards

Alcohol products must comply with current Vietnamese standards (QCVN 6-3: 2010/BYT issued together with Circular No. 45/2010/TT-BYT dated December 22, 2010, of the Ministry of Health and any subsequent amendments, supplements, or replacements).

Alcohol products must comply with current Vietnamese technical standards. Currently, the standard QCVN 6-3: 2010/BYT issued together with Circular No. 45/2010/TT-BYT dated December 22, 2010 of the Ministry of Health is being applied.

Chapter II

Article 5. Application Documents for Issuance of Industrial Alcohol Production License

An enterprise applying for an Industrial Alcohol Production License shall prepare two sets of application documents for the issuance of the Industrial Alcohol Production License, one set to be submitted to the competent authority and one set to be retained by the enterprise. The application documents for the issuance of the Industrial Alcohol Production License include:

1. A business requesting issuance of an Industrial Alcohol Production License shall prepare two sets of application files for the Industrial Alcohol Production License, one set to be submitted to the competent authority for licensing, and one set to be retained by the business. The application file for the Industrial Alcohol Production License includes:

a) An application form for an Industrial Alcohol Production License (according to the model attached as Appendix 1 to this Circular);

b) A copy of the Investment License, Business Registration Certificate, or Business Registration Certificate (with registered business operations for alcohol production or alcoholic beverages according to the specified production process) and Tax Registration Certificate;

c) A description of the production process, physical facilities (factory buildings), machinery and equipment (list and capacity of specialized machinery and equipment for key processes such as cooking, fermentation, distillation, blending, bottling... suitable for the production processes and scale of the facility; measuring and quality control equipment for yeast, sugar content, alcohol concentration...);

d) A list of areas, factory floor plans, warehouse layouts, office spaces, and auxiliary structures;

đ) Copies of relevant academic degrees, professional qualification certificates, and employment contracts with key technical staff; a commitment from the employer regarding employees in the factory having sufficient health to produce food products and not suffering from infectious diseases;

e) Copies of the Notification of Acceptance of Compliance Declaration and Food Safety Certification;

g) A list of alcohol product names accompanied by copies of the product labels that the business intends to produce;

h) Copies of the Decision approving the Environmental Impact Assessment Report or the certificate of registration of the environmental protection commitment issued by the competent authority.

2) For new projects under construction:

Before alcohol products are put on the market, businesses applying for a production license must submit additional documents to the licensing authority: Copies of Trademark Registration Certificates, Notifications of Acceptance of Compliance Declarations, and Food Safety Certifications.

1. Organizations and individuals producing handicraft alcohol who are members of traditional craft villages producing handicraft alcohol are not required to apply for a Handicraft Alcohol Production License for Business Purposes. The organization or individual representing the village must apply for a Handicraft Alcohol Production License for the village and bear responsibility for the common production conditions applicable to all members of the village.

1. Organizations and individuals producing traditional alcohol as members of traditional alcohol production villages do not need to apply for a Traditional Alcohol Production License for business purposes. Representatives of organizations and individuals representing the village must apply for a Traditional Alcohol Production License for the village and are responsible for the common production conditions applicable to all members of the village.

2. Organizations and individuals applying for a Traditional Alcohol Production License for business purposes shall prepare two sets of application files for the Traditional Alcohol Production License for business purposes, one set to be submitted to the competent authority for licensing, and one set to be retained at the organization's or individual's premises applying for the license. The application file for the Traditional Alcohol Production License for business purposes includes the following:

- An application form for a Traditional Alcohol Production License for business purposes according to the model attached as Appendix 10 to this Circular;

- Copies of valid Business Registration Certificates, Tax Registration Certificates, or Enterprise Registration Certificates;

- Copies of Notifications of Acceptance of Compliance Declarations; Food Safety Certifications;

- A list of alcohol product names accompanied by copies of the product labels that the organization or individual intends to produce.

Article 7. Production of Handmade Alcohol for Sale to Businesses with a Production License for Further Processing

1. Organizations and individuals applying to register for traditional alcohol production intended for sale to businesses with alcohol production licenses for further processing shall prepare two sets of application files, one set to be submitted to the People's Committee of the commune where the organization or individual has established the traditional alcohol production facility for sale to businesses with alcohol production licenses for further processing, and one set to be retained at the organization's or individual's registration premises.

The application file for registering production of handmade alcohol for sale to businesses with a production license for further processing includes:

- Application for registration of traditional alcohol production intended for sale to businesses with alcohol production licenses for further processing according to the model attached as Appendix 16;

- Copies of purchase and sale contracts between the organization or individual applying for registration of traditional alcohol production and the business with an alcohol production license for further processing.

2. Procedures and formalities for issuing a Certificate of Registration for Production of Handmade Alcohol for Sale to Businesses with a Production License for Further Processing

a) Within seven working days from the date of receipt of complete and valid application files, the People's Committee of the commune where the organization or individual has established the traditional alcohol production facility shall examine and issue a certificate confirming the registration of traditional alcohol production intended for sale to businesses with alcohol production licenses for further processing, or provide a written response stating the reasons if the application is refused.

b) In cases where the application files are incomplete or invalid, within three working days from the date of receipt of the application files, the issuing authority must issue a written request for supplementation.

3. The Certificate of Registration for Production of Handmade Alcohol for Sale to Businesses with a Production License for Further Processing has a validity period of five years.

Article 8. Issuance and Retention of Production Licenses for Alcohol and Certificates of Registration for Production of Handmade Alcohol for Sale to Businesses with a Production License for Further Processing

1. The industrial alcohol production permit shall be made in four copies: two copies to be kept at the issuing authority, one copy sent to the enterprise granted the permit, and one copy sent to the Ministry of Industry and Trade (for permits issued by the Department of Industry and Trade according to Model 7 attached to this Circular) or the local Department of Industry and Trade (for permits issued by the Ministry of Industry and Trade according to Model 4 attached to this Circular).

2. The manual alcohol production permit for business purposes shall be made in four copies: two copies to be kept at the issuing authority, one copy sent to the entity granted the permit, and one copy sent to the higher-level Department of Industry and Trade managing the area. The permit shall follow the model at Appendix 13 attached to this Circular.

3. The confirmation certificate for registering manual alcohol production for sale to enterprises with an alcohol production permit for further processing shall be made in four copies: two copies to be kept at the issuing authority, one copy sent to the entity granted the confirmation certificate, and one copy sent to the higher-level Industry and Trade Office managing the area. The confirmation certificate shall follow the model at Appendix 19 attached to this Circular.

Article 9. Production Volume of Alcohol

Organizations and individuals producing alcohol may not produce beyond the production volume and types of alcoholic products already approved by the competent authority.

Chapter III

ALCOHOLIC BEVERAGE BUSINESS

Article 10. Documents for Application for a Business License to Distribute Alcohol Products

An enterprise applying for a wholesale product alcohol business operation permit shall prepare two sets of application files: one set to be submitted to the competent authority granting the permit, and one set to be retained by the enterprise. The application file for a wholesale product alcohol business operation permit includes:

1. A request for issuance of a wholesale product alcohol business operation permit according to Model 27 attached to this Circular;

2. A copy of the Investment Certificate or Enterprise Registration Certificate or Business Registration Certificate (with registered business activities including wholesale of alcoholic beverages or alcohol sales) and the Tax Registration Certificate;

3. Documents on the business location, including:

a) Address, area, and description of the alcohol business area;

b) A copy of the documentation proving the right to use the business location (ownership, co-ownership, or lease with a minimum term of one year);

c) A list of equipment for temperature and humidity control in the alcohol business area (to ensure that the business area remains well-ventilated, cool, and protected from direct sunlight);

d) A commitment from the enterprise to comply fully with fire prevention and environmental protection requirements as stipulated by law for the business location;

4. Report on business results of the enterprise:

a) Report on the results of business operations over the past three years, accompanied by a detailed list and valid copies of purchase and sale contracts with each alcohol-producing organization or individual or other alcohol product wholesalers, and taxes paid;

b) Sales organization form and management system for the distribution network;

5. A list of traders, copies of the Investment Certificate or Enterprise Registration Certificate or Business Registration Certificate (with registered business activities including wholesale of alcoholic beverages or alcohol sales) and the Tax Registration Certificate, and the Alcohol Product Business Operation Permit (if already operating) of enterprises that have been or will be part of the alcohol product distribution system in at least six provinces (each province must have at least three wholesale alcohol product enterprises);

6. Copies of introduction documents and purchase and sale contracts of alcohol-producing organizations or individuals or other alcohol product wholesalers (specifying the business area and types of alcohol products expected to be traded);

7. Copies of the Declaration of Conformity Certification or Standard Certification for various types of alcohol products intended to be traded by the enterprise;

8. Documents on transportation means, including: copies of documents proving the right to use transportation means (ownership, co-ownership under joint venture or joint stock contribution contracts; or having a transportation service contract suitable for the scale of the enterprise's business operations with a minimum lease term of one year); at least three vehicles with a carrying capacity of 500 kg or more; meeting the requirement to maintain the quality of alcohol products during transportation;

9. Financial capability documents: financial capability to ensure normal operation of the entire distribution system of the enterprise (confirmed by a bank with a minimum of one billion Vietnamese dong);

10. Warehouse (or storage area) documents, including:

a) Documentation proving the right to use the warehouse (ownership, co-ownership under joint venture or joint stock contribution contracts of the enterprise or lease with a minimum term of one year); the total area must be at least 300 square meters or the volume must be at least 1,000 cubic meters to meet the requirement of maintaining the quality of alcohol products during storage;

b) A commitment from the enterprise to comply fully with fire prevention and environmental protection requirements as stipulated by law for the warehouse;

11. A copy of the receipt for payment of fees and charges as prescribed by the Ministry of Finance.

Article 11. Documents for Application for a Business License to Wholesale Alcohol Products

An enterprise applying for a wholesale product alcohol business operation permit shall prepare two sets of application files: one set to be submitted to the competent authority granting the permit, and one set to be retained by the enterprise. The application file for a wholesale product alcohol business operation permit includes:

1. A request for issuance of a wholesale product alcohol business operation permit according to Model 29 attached to this Circular;

2. A copy of the Investment Certificate or Enterprise Registration Certificate or Business Registration Certificate (with registered business activities including wholesale of alcoholic beverages or alcohol sales) and the Tax Registration Certificate;

3. Documents on the business location, including:

a) Address, area, and description of the alcohol business area;

b) A copy of the documentation proving the right to use the business location (ownership, co-ownership, or lease with a minimum term of one year);

c) A list of equipment for temperature and humidity control in the alcohol business area (to ensure that the business area remains well-ventilated, cool, and protected from direct sunlight);

d) A commitment from the enterprise to comply fully with fire prevention and environmental protection requirements as stipulated by law for the business location;

4. Report on business results and plans of the enterprise:

a) Report on business operations over the past three years, accompanied by a detailed list and valid copies of purchase and sale contracts with each alcohol-producing organization or individual or other alcohol product wholesaler, and taxes paid;

b) Sales organization form and management system for the wholesale network;

5. List of traders, copies of the Investment Certificate or Enterprise Registration Certificate or Business Registration Certificate (with registered business activities including wholesale of alcoholic beverages or alcohol sales) and the Tax Registration Certificate, and the Alcohol Product Business Operation Permit (if already operating) of enterprises that have been or will be part of the wholesale product alcohol network (at least three retail alcohol product traders);

6. Copies of introduction documents and purchase and sale contracts of alcohol-producing organizations or individuals or other alcohol product wholesalers (specifying the business area and types of alcohol products expected to be traded).

7. Copies of the Declaration of Conformity Certification or Standard Certification for various types of alcohol products intended to be traded by the enterprise;

8. Documents regarding transportation vehicles include: a copy of documents proving the right to use transportation vehicles (ownership or co-ownership under joint venture or capital contribution contracts; or a lease contract for transportation vehicles suitable to the scale of business operations with a minimum lease period of 01 year); at least one vehicle with a carrying capacity of 500 kg or more; meeting the requirements for preserving the quality of alcoholic products during transportation.

9. Financial capability documents: having financial capability to ensure the normal operation of the entire wholesale system of the enterprise (with a Certificate from the bank of at least 300 million Vietnamese dong).

10. Documents regarding warehouses include:

a) Documents proving the right to use warehouses (ownership, co-ownership under joint venture or capital contribution contracts of the enterprise or leasing usage with a minimum period of 01 year); the total area must be at least 50 square meters or the volume must be at least 150 cubic meters; meeting the requirements for preserving the quality of alcoholic products during storage.

b) A commitment from the enterprise to comply fully with fire prevention and environmental protection requirements as stipulated by law for the warehouse;

11. A copy of the receipt for payment of fees and charges as prescribed by the Ministry of Finance.

Article 12. Documents for Application to Obtain a Business License for Retailing Alcoholic Products

Retail traders proposing to obtain a Retail Business License for Alcoholic Products shall prepare two sets of documents, one set to be submitted to the competent authority issuing the license, and one set to be retained by the enterprise or business household. The application for a Retail Business License for Alcoholic Products shall be as follows:

1. An application form for a Retail Business License for Alcoholic Products according to Model 31 attached to this Circular;

2. A copy of the Investment Certificate or Enterprise Registration Certificate or Business Registration Certificate (with registered business activities including wholesale of alcoholic beverages or alcohol sales) and the Tax Registration Certificate;

3. Documents on the business location, including:

a) Address, area, and description of the alcohol business area;

b) A copy of the documentation proving the right to use the business location (ownership, co-ownership, or lease with a minimum term of one year);

c) A list of equipment for temperature and humidity control in the alcohol business area (to ensure that the business area remains well-ventilated, cool, and protected from direct sunlight);

d) A commitment from the trader to ensure full compliance with fire prevention and firefighting, environmental protection requirements as stipulated by law for the place of business.

4. Copies of introduction documents and purchase and sale contracts of wholesale enterprises of alcoholic products (specifying clearly the types of alcoholic products intended to be traded);

5. Copies of Certificates of Conformity Declaration or Standards Certificates of various types of alcoholic products intended to be traded by the trader;

6. Warehouse documents, including:

a) Documents proving the right to use warehouses (ownership, co-ownership under joint venture or capital contribution contracts of the trader or leasing usage with a minimum period of 01 year); meeting the requirements for preserving the quality of alcoholic products during storage;

b) A commitment from the trader to ensure full compliance with fire prevention and firefighting, environmental protection requirements as stipulated by law for the warehouse.

7. A copy of the receipt showing payment of fees and charges as prescribed by the Ministry of Finance.

Article 13. Issuance and Retention of Business Licenses for Alcoholic Products

1. For Business Licenses for Distributing Alcoholic Products:

a) The Business License for Distributing Alcoholic Products according to the model attached at Appendix 28 of this Circular.

b) The Wholesale Business License for Alcoholic Products shall be made in multiple copies: 02 copies to be kept by the issuing authority; 01 copy sent to the enterprise granted the license; 01 copy sent to the Market Management Department; sent to each Department of Industry and Trade named in the License (business territory) and where the enterprise's main office is located 01 copy; sent to each organization or individual producing alcohol or other wholesale enterprises of alcoholic products named in the license (selling products to the enterprise) 01 copy.

2. For Business Licenses for Wholesale Alcoholic Products:

a) The Business License for Wholesale Alcoholic Products according to the model attached at Appendix 30 of this Circular.

b) The Wholesale Business License for Alcoholic Products shall be made in multiple copies: 02 copies to be kept by the issuing authority; 01 copy sent to the enterprise granted the License; 01 copy sent to the Ministry of Industry and Trade; 01 copy sent to the Branch of Market Management; sent to each organization or individual producing alcohol or other wholesale enterprises of alcoholic products named in the license (selling products to the enterprise) 01 copy.

3. For Business Licenses for Retailing Alcoholic Products:

a) The Business License for Retailing Alcoholic Products according to the model attached at Appendix 32 of this Circular.

b) The Retail Business License for Alcoholic Products shall be made in multiple copies: 02 copies to be kept by the issuing authority; 01 copy sent to the trader granted the license; 01 copy sent to the Department of Industry and Trade; 01 copy sent to the Branch of Market Management; sent to each organization or individual producing alcohol or other wholesale enterprises of alcoholic products named in the license (selling products to the trader) 01 copy.

Chapter IV

AMENDMENT, SUPPLEMENT, AND REISSUE OF THE PRODUCTION LICENSE FOR ALCOHOLIC PRODUCTS, HANDMADE ALCOHOLIC PRODUCT PRODUCTION LICENSE

 FOR THE PURPOSE OF BUSINESS, THE CERTIFICATE OF REGISTRATION FOR HANDMADE ALCOHOLIC PRODUCT PRODUCTION

TO BE SOLD TO ENTERPRISES WITH A PRODUCTION LICENSE FOR ALCOHOLIC PRODUCTS FOR REPROCESSING,

ALCOHOLIC PRODUCTS BUSINESS LICENSE

Article 14. Issuance of Amended and Supplementary Licenses for Industrial Alcohol Production, Licenses for Handicraft Alcohol Production for Business Purposes, Certificates of Registration for Handicraft Alcohol Production to Sell to Businesses with Alcohol Production Licenses for Further Processing, Licenses for Distributing, Wholesale, and Retail Sale of Alcohol Products

1. In cases where there are changes to the contents of Licenses for Industrial Alcohol Production, Licenses for Handicraft Alcohol Production for Business Purposes, Certificates of Registration for Handicraft Alcohol Production to Sell to Businesses with Alcohol Production Licenses for Further Processing, Licenses for Distributing, Wholesale, and Retail Sale of Alcohol Products; organizations and individuals must prepare two sets of application files, one set to be submitted to the competent state management agency, and the other set to be retained by the business.

2. Documents include:

a) A request for issuance of amended and supplementary license (in accordance with Form No. 3, 11, 17, 33 attached hereto);

b) A copy of the License for Industrial Alcohol Production, License for Handicraft Alcohol Production for Business Purposes, Certificate of Registration for Handicraft Alcohol Production to Sell to Businesses with Alcohol Production Licenses for Further Processing, and License for Distributing, Wholesale, and Retail Sale of Alcohol Products that have been issued;

c) Documents proving the need for amendment and supplementation.

3. Procedures and formalities for issuing supplementary and amended licenses

a) Within ten working days from the date of receiving complete and valid application files, the competent state agency shall examine and issue supplementary and amended Licenses for Industrial Alcohol Production, Licenses for Handicraft Alcohol Production for Business Purposes, Certificates of Registration for Handicraft Alcohol Production to Sell to Businesses with Alcohol Production Licenses for Further Processing, and Licenses for Distributing, Wholesale, and Retail Sale of Alcohol Products (in accordance with Forms 6, 9, 15, 21, 35, 36, and 37 attached to this Circular). In case of refusal to issue supplementary or amended licenses, a written response must be provided with clear reasons stated;

b) In cases where the application files are incomplete, within three (3) working days from the date of receipt of the application files, the issuing authority shall issue a written request for supplementation.

Article 15. Reissuance of Licenses for Industrial Alcohol Production, Licenses for Handicraft Alcohol Production for Business Purposes, Certificates of Registration for Handicraft Alcohol Production to Sell to Businesses with Alcohol Production Licenses for Further Processing, and Licenses for Distributing, Wholesale, and Retail Sale of Alcohol Products

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

Organizations and individuals must submit applications for reissuance of licenses (including Licenses for Industrial Alcohol Production, Licenses for Handicraft Alcohol Production for Business Purposes, and Licenses for Distributing, Wholesale, and Retail Sale of Alcohol Products) or Certificates of Registration for Handicraft Alcohol Production to Sell to Businesses with Alcohol Production Licenses for Further Processing thirty days before the expiration date of the license. The procedures, authorities, and formalities for reissuance under this provision shall apply as those for new issuance.

2. In cases of reissuance due to loss, total or partial destruction, tearing, damage, or fire:

a) Organizations and individuals who have been granted licenses must prepare two sets of application files for reissuance, one set to be submitted to the competent state management agency, and one set to be retained by the business. Application files for reissuance due to loss, total or partial destruction, tearing, deterioration, or burning include:

- A request for reissuance (in accordance with Form No. 2, 12, 18, 34 attached hereto);

- An original or copy of the License for Industrial Alcohol Production, License for Handicraft Alcohol Production for Business Purposes, Certificate of Registration for Handicraft Alcohol Production to Sell to Businesses with Alcohol Production Licenses for Further Processing, and License for Distributing, Wholesale, and Retail Sale of Alcohol Products that have been issued (if available);

b) The licensing authority (or Certificate of Registration for Handicraft Alcohol Production to Sell to Businesses with Alcohol Production Licenses for Further Processing) shall base its decision on the retained file and the application file for reissuance submitted by the enterprise to reissue the license.

c) The validity period of the reissued license will remain the same as the original license (for cases of reissuance due to damage or loss).

3. Procedures and formalities for reissuing licenses and certificates

a) Within ten days from the date of receiving complete and valid application files, the competent state agency shall examine and reissue Licenses for Industrial Alcohol Production, Licenses for Handicraft Alcohol Production for Business Purposes, Certificates of Registration for Handicraft Alcohol Production to Sell to Businesses with Alcohol Production Licenses for Further Processing, and Licenses for Distributing, Wholesale, and Retail Sale of Alcohol Products (in accordance with Forms 5, 8, 14, 20, 38, 39, and 40 attached to this Circular). In case of refusal to reissue, a written response must be provided with clear reasons stated;

b) In cases where the application files are incomplete, within three (3) working days from the date of receipt of the application files, the reissuing authority shall issue a written request for supplementation.

Chapter V

REPORTING SYSTEM

Article 16. Reporting System

1. Before January 31 each year, organizations and individuals engaged in alcohol production and distribution must submit statistical reports on the volume and types of alcohol products produced and distributed (by distribution and wholesale systems) of their units to the competent authority that has issued the license according to Form 22, 41, 42, and 50 attached to this Circular; People's Committees at commune and ward levels must report to the higher-level Industry and Trade Departments the list of handicraft alcohol production facilities to sell to businesses with alcohol production licenses within their jurisdictions according to Form 23 attached to this Circular.

2. Before February 28 each year, Industry and Trade Departments are responsible for reporting on investment, production, distribution, issuance of Licenses for Handicraft Alcohol Production for Business Purposes, and the total registered volume of handicraft alcohol production to sell to businesses with alcohol production licenses for further processing within their jurisdictions to the higher-level Industry and Trade Departments according to Form 24a and 24b attached to this Circular.

3. Before March 31 each year, Industry and Trade Departments are responsible for reporting on investment, issuance of Licenses for Industrial Alcohol Production, production of handicraft alcohol, and distribution of alcohol products (retail and wholesale) within their jurisdictions to the Ministry of Industry and Trade according to Form 25a, 25b, 43, and 44 attached to this Circular.

4. Before July 15 and January 15 each year, enterprises engaged in distributing alcohol products must report on their business operations for six months and one year according to Form 49 attached to this Circular.

5. Before July 15 and January 15 each year, enterprises engaged in wholesale distribution of alcohol products must report on their business operations for six months and one year according to Form 48 attached to this Circular.

6. Before July 15 and January 15 each year, traders engaged in retail sale of alcohol products must report on their business operations for six months and one year according to Form 47 attached to this Circular.

Chapter VI

IMPLEMENTING PROVISIONS

Article 17. Implementation Organization

1. The Light Industry Department and the Domestic Market Department, in accordance with their functions and responsibilities, shall take the lead in coordinating with units under the Ministry to perform the following tasks:

a) Organizing the acceptance of applications, inspection, supervision, evaluation, and submitting to the Ministry's leadership for approval regarding investment policies for alcohol production, issuance of production licenses, and distribution product trading licenses;

b) Organizing guidance, inspection of organizations and individuals implementing the provisions of this Circular and related laws on alcohol production and trading.

2. Departments of Industry and Trade at local levels shall announce the planning of retail product alcohol distribution systems within their jurisdictions; organize the acceptance of applications, inspection, supervision, evaluation, and issuance of Alcohol Production Licenses and Wholesale Product Alcohol Business Licenses in accordance with the guidelines set forth in this Circular.

3. County-level Departments of Industry and Trade shall organize the acceptance of applications, inspection, evaluation, and issuance of production licenses for small-scale alcohol production for business purposes and retail product trading licenses.

4. People's Committees of communes and wards shall organize the acceptance of Handicraft Alcohol Production Registration Forms to be sold to businesses holding Processing License.

5. Enterprises and other organizations and individuals involved in alcohol production and trading activities shall be responsible for complying with the provisions of this Circular.

Article 18. Effective Date

1. This Circular shall take effect from February 5, 2013;

2. Repeal Circular No. 10/2008/TT-BCT dated July 25, 2008 of the Ministry of Industry and Trade guiding the implementation of certain provisions of Government Decree No. 40/2008/NĐ-CP dated April 7, 2008 on alcohol production and business activities;

3. Licenses for alcohol production and business operations that have been issued and are still valid may continue to be used until the expiration date of such licenses;

4. Organizations and individuals who have been granted Alcohol Production Licenses and Product Alcohol Business Licenses pursuant to Government Decree No. 40/2008/NĐ-CP dated April 7, 2008 and whose licenses are still valid need not reapply for new licenses, including importation. Upon expiration of the license, they must apply for a new license in accordance with the provisions of Government Decree No. 94/2012/NĐ-CP and this Circular.

5. Merchants wishing to change their Business Licenses shall be governed by the provisions of this Circular;

6. Enterprises amending and supplementing Production and Business Licenses shall be governed by the provisions of this Circular;

7. Revocation of Licenses in the following cases:

a) Licenses issued more than one year prior to the effective date of this Circular but which have not operated up to the effective date of this Circular,

b) From the effective date of this Circular, enterprises that have been granted Production and Business Licenses for alcohol products but have not operated continuously for twelve months;

8. During the implementation process, if there are any difficulties or issues arising, organizations and individuals are advised to report to the Ministry of Industry and Trade for prompt resolution./.