Decree No. 105/2017/ND-CP dated September 14, 2017 of the Government on liquor business

 DECREE

On liquor business[1]

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

Pursuant to the June 14, 2005 Commercial Law;

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

Pursuant to the November 26, 2014 Law on Investment;

At the proposal of the Minister of Industry and Trade;

The Government promulgates the Decree on liquor business.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree prescribes liquor business activities including liquor production, import, distribution, wholesale and retail, and sale of liquor for on-spot consumption.

2. This Decree does not apply to:

a/ Liquor export, temporary import for re-export, temporary export for re-import, border-gate transfer and transit;

b/ Import of liquor for sale at duty-free shops;

c/ Import of liquor from abroad into non-tariff zones, liquor purchase and sale between non-tariff zones, liquor business activities in non-tariff zones and consignment of liquor at bonded warehouses;

d/ Imported liquor being luggage, personal effects, gifts, donations or samples within quotas free of duty, eligible for duty-exemption consideration or not liable to duty.

Article 2. Subjects of application

This Decree applies to liquor traders and organizations and individuals involved in liquor business.

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Liquor means a beverage that contains drinking alcohol, which is produced through the process of fermentation (with or without distillation) from the starch of cereal grains or sugars of plants and fruits, or is prepared from drinking alcohol (Ethanol).

Liquor does not include beer of all types; fermented fruit juices of all types having an alcoholic strength of below 5% by volume.

2. Liquor industrial production means the production of liquor using lines of industrial equipment and machinery.

3. Liquor manual production means the production of liquor using traditional instruments instead of industrial equipment and machinery.

4. Semi-finished liquor means an unfinished liquor used as material to produce finished liquor.

5. Sale of liquor for on-spot consumption means selling liquor directly to buyers for consumption at the selling place.

Article 4. Principles of liquor management

Liquor business is a conditional one. Organizations and individuals engaged in liquor industrial production, liquor manual production for commercial purposes, liquor distribution, wholesale or retail, or sale of liquor for on-sport consumption must have licenses prescribed in this Decree. Organizations and individuals that manually produce liquor for sale to enterprises having liquor industrial production licenses for further processing shall register their production with commune-level People’s Committees.

Article 5. Food quality and safety

1. Liquors for which technical regulations have been issued shall be declared to conform with such regulations and have their regulation conformity declarations registered with a competent state agency before they are circulated on the market.

2. Liquors for which no technical regulations have been issued shall be declared to conform with food safety regulations and have their food safety regulation conformity declarations registered with a competent state agency before they are circulated on the market, until relevant technical regulations are issued and take effect.

3. The procedures for declaring conformity with technical regulations or food safety regulations are specified in the Law on Food Safety, the Government’s Decree detailing a number of articles of the Law on Food Safety, and other relevant legal documents currently in force.

Article 6. Liquor stamp affixture and labeling

1. Liquor produced for domestic consumption and imported liquor shall be affixed with stamps and labeled under regulations, except liquor manually produced for sale to enterprises having liquor industrial production licenses for further processing.

2. Imported semi-finished liquors are not required to be affixed with stamps.

Article 7. Acts of violation of regulations on liquor business

1. Conducting liquor business without a license or in violation of the granted license prescribed in this Decree.

2. Using drinking alcohol that fails to meet regulations, or using industrial alcohol or other banned materials for liquor production or preparation.

3. Leasing out or lending a liquor business license.

4. Displaying, buying, selling, circulating or consuming liquor without stamps or labels as prescribed by law, liquor failing to meet food standards, quality and safety, or liquor of unclear origin.

5. Selling liquor to people aged under 18, selling online liquor with an alcoholic strength of 15% or higher, or selling liquor from vending automatic machines.

6. Advertising liquor or offering sales promotion of liquor against the law.

Chapter II

LIQUOR BUSINESS

Section 1

LIQUOR BUSINESS CONDITIONS

Article 8. Conditions for liquor industrial production

1.  Being a lawfully established enterprise.

2. Having machinery lines, equipment and technological processes for liquor production corresponding to the projected production scale.

3. Satisfying the prescribed food safety conditions.

4. Satisfying the prescribed environmental protection conditions.

5. Complying with regulations on liquor labeling.

6. Having technicians with qualifications and specialties relevant to liquor production.

Article 9. Conditions for liquor manual production for commercial purposes

1.  Being a lawfully established enterprise, cooperative, union of cooperatives or business household.

2. Satisfying the prescribed food safety and liquor labeling conditions.

Article 10. Conditions for liquor manual production for sale to enterprises having liquor industrial production licenses for further processing

1. Having a purchase and sale contract signed with an enterprise having a liquor industrial production license.

2. Applying for a license for liquor manual production for commercial purposes according to the procedures prescribed in this Decree, if not selling liquor to an enterprise having a liquor industrial production license.

Article 11. Conditions for liquor distribution

1. Being a lawfully established enterprise.

2. Having the lawful right to use a warehouse or a system of warehouses with a total floor area of at least 150 m².

3. Liquor projected to be distributed must satisfy the prescribed food safety conditions.

4. Having a liquor distribution system in 2 or more provinces and centrally run cities, each having at least 1 liquor wholesaler.

5. Having a document of introduction from or a principle contract with a liquor producer, another liquor distributor or an overseas liquor supplier.

6. Satisfying all the prescribed fire prevention and fighting and environmental protection requirements and conditions.

Article 12. Conditions for liquor wholesale

1. Being a lawfully established enterprise.

2. Having the lawful right to use a warehouse or a system of warehouses with a total floor area of at least 50 m².

3. Liquor projected to be wholesaled must satisfy the prescribed food safety conditions.

4. Having a liquor wholesale system in the province or centrally run city where the wholesaler is headquartered with at least 3 liquor retailers.

5. Having a document of introduction from or a principle contract with a liquor producer, a liquor distributor or another liquor wholesaler.

6. Satisfying all the prescribed fire prevention and fighting and environmental protection requirements and conditions.

Article 13. Conditions for liquor retail

1. Being a lawfully established enterprise, cooperative, union of cooperatives or business household.

2. Having the lawful right to use a fixed business place with a clear address.

3. Having a document of introduction from or a principle contract with a liquor producer, a liquor distributor or a liquor wholesaler.

4. Liquor projected to be retailed must satisfy the prescribed food safety conditions.

5. Satisfying all the prescribed fire prevention and fighting and environmental protection requirements and conditions.

Article 14. Conditions for sale of liquor for on-spot consumption

1. Being a lawfully established enterprise, cooperative, union of cooperatives or business household.

2. Having the lawful right to use a fixed business place with a clear address.

3. Liquor to be consumed on spot is supplied by a trader having a liquor production, distribution, wholesale or retail license.

4. Satisfying all the prescribed fire prevention and fighting and environmental protection requirements and conditions.

5. Having a license for liquor industrial production or a license for liquor manual production for commercial purposes as prescribed in this Decree, if the trader produces liquor for on-spot consumption.

Section 2

RIGHTS AND OBLIGATIONS OF LIQUOR BUSINESS ORGANIZATIONS AND INDIVIDUALS

Article 15. Rights and obligations of enterprises engaged in liquor industrial production

1. To sell liquor they produce to traders that have licenses for liquor distribution, liquor wholesale, liquor retail, or sale of liquor for on-spot consumption, and to traders that purchase liquor for export.

2. To retail and sell for on-spot consumption liquor they produce at their business places.

3. To purchase in the country or import semi-finished liquor for production of finished liquor.

4. To purchase liquor from liquor manual producers for further processing.

5. To comply with regulations on food safety, goods labels, fire prevention and fighting and environmental protection.

6. To observe the reporting regime and perform other obligations as prescribed in this Decree.

Article 16. Rights and obligations of manual producers of liquor for commercial purposes

1. To sell liquor they produce to traders that have licenses for liquor distribution, liquor wholesale, liquor retail, or sale of liquor for on-spot consumption, and to traders that purchase liquor for export.

2. To retail and sell for on-spot consumption liquor they produce at their business places.

3. To comply with regulations on environmental protection in their liquor production activities.

4. To observe the reporting regime and perform other obligations as prescribed in this Decree.

Article 17. Rights and obligations of manual producers of liquor for sale to enterprises having licenses for liquor industrial production for further processing

1. Not to be obliged to declare goods quality and affix liquor stamps and labels according to regulations.

2. In the course of liquor transportation to consumption places, to produce liquor purchase and sale contracts signed with enterprises having liquor industrial production licenses to competent agencies upon inspection.

3. To register liquor manual production with commune-level People’s Committees according to Form No. 04 issued together with this Decree, and implement regulations on environmental protection in their liquor production activities.

4. Not to sell liquor to organizations and individuals other than enterprises having licenses for liquor industrial production for further processing with which they have signed liquor purchase and sale contracts.

Article 18. Rights and obligations of liquor distributors, wholesalers and retailers and sellers of liquor for on-spot consumption

1. General rights and obligations:

a/ To purchase and sell liquor of lawful origin;

b/ To post up valid copies of their licenses granted by competent agencies at their liquor sale places and to purchase and sell liquor strictly according to the contents of these licenses;

c/ To observe the reporting regime and perform other obligations as prescribed in this Decree.

2. Rights and obligations of liquor distributors:

a/ To import liquor and purchase liquor from domestic liquor producers and other liquor distributors according to their licenses;

b/ To sell liquor to liquor distributors, liquor wholesalers, liquor retailers and sellers of liquor for on-spot consumption within provinces and centrally run cities specified in their licenses;

c/ To sell liquor to traders that purchase liquor for export;

d/ To directly retail and sell for on-spot consumption liquor at their business places within provinces and centrally run cities specified in their licenses.

3. Rights and obligations of liquor wholesalers:

a/ To purchase liquor from domestic liquor producers, liquor distributors and other liquor wholesalers according to their licenses;

b/ To sell liquor to liquor wholesalers, liquor retailers and sellers of liquor for on-spot consumption within provinces and centrally run cities specified in their licenses;

c/ To sell liquor to traders that purchase liquor for export;

d/ To directly retail and sell for on-spot consumption liquor at their business places within provinces and centrally run cities specified in their licenses.

4. Rights and obligations of liquor retailers:

a/ To purchase liquor from domestic liquor producers, liquor distributors and liquor wholesalers according to their licenses;

b/ To sell liquor to sellers of liquor for on-spot consumption or directly sell liquor at their business places according to their licenses.

5. Rights and obligations of sellers of liquor for on-spot consumption:

a/ To purchase liquor from domestic liquor producers, liquor distributors, liquor wholesalers and liquor retailers according to their licenses;

b/ To directly sell liquor for on-spot consumption at their business places according to their licenses.

Section 3

DOSSIERS OF APPLICATION FOR LIQUOR BUSINESS LICENSES

Article 19. Dossiers of application for licenses for liquor industrial production

A dossier of application for a license for liquor industrial production must comprise:

1. An application for a license for liquor industrial production, made according to Form No. 01 issued together with this Decree.

2. A copy of the enterprise registration certificate or a paper of equivalent legal validity.

3. A copy of the receipt of the regulation conformity declaration or the written certification of declaration of conformity with food safety regulations (for liquor for which no technical regulations have been issued); and a copy of the certificate of satisfaction of food safety conditions.

4. A copy of the decision approving the environmental impact assessment report or the written certification of registration of the environmental protection plan or the written certification of registration of the environmental protection commitment issued by a competent agency.

5. A list of names of liquor products produced or expected to be produced by the applicant, enclosed with copies of their labels.

6. Copies of diplomas and certificates of professional qualifications and recruitment decisions or labor contracts of technicians.

Article 20. Dossiers of application for licenses for liquor manual production for commercial purposes

A dossier of application for a license for liquor manual production for commercial purposes must comprise:

1. An application for a license for liquor manual production for commercial purposes, made according to Form No. 01 issued together with this Decree.

2. A copy of the enterprise, cooperative, cooperative union or business household registration certificate.

3. A copy of the receipt of the regulation conformity declaration or the written certification of declaration of conformity with food safety regulations (for liquor for which no technical regulations have been issued); and a copy of the certificate of satisfaction of food safety conditions.

4.  A list of names of liquor products produced or expected to be produced by the applicant, enclosed with copies of their labels.

Article 21. Dossiers of application for liquor distribution licenses

A dossier of application for a liquor distribution license must comprise:

1. An application for a liquor distribution license, made according to Form No. 01 issued together with this Decree.

2. A copy of the enterprise registration certificate or a paper of equivalent legal validity.

3. A copy of the contract on lease or borrowing of, or documents proving the lawful right to use, places expected to be used as liquor storehouses or retail places or places for sale of liquor for on-spot consumption (if any) according to regulations.

4. A copy of the receipt of the regulation conformity declaration or the written certification of declaration of conformity with food safety regulations (for liquor for which no technical regulations have been issued) of liquor products to be distributed.

5. Copies of principle contracts, letters of confirmation or written commitments to participate in the liquor distribution network from liquor wholesalers; copies of liquor wholesale licenses of traders expected to participate in the distribution network of the applicant.

6. Documents relating to liquor suppliers:

a/ Copies of letters of introduction or principle contracts of liquor producers, other liquor distributors or overseas liquor suppliers, specifying types of liquor to be distributed suitable to the operation of liquor suppliers;

b/ Copies of the liquor production licenses or liquor distribution licenses, for domestic liquor suppliers.

7. The applicant’s written commitment that it/he/she complies with all prescribed requirements and conditions on fire prevention and fighting and environmental protection at its/his/her head office, business places and storehouses.

Article 22. Dossiers of application for liquor wholesale licenses

A dossier of application for a liquor wholesale license must comprise:

1. An application for a liquor wholesale license, made according to Form No. 01 issued together with this Decree.

2. A copy of the enterprise registration certificate or a paper of equivalent legal validity.

3. A copy of the contract on lease or borrowing of, or documents proving the lawful right to use, places expected to be used as liquor storehouses or retail places or places for sale of liquor for on-spot consumption (if any) according to regulations.

4. A copy of the receipt of the regulation conformity declaration or the written certification of declaration of conformity with food safety regulations (for liquor for which no technical regulations have been issued) of liquor products to be wholesaled.

5. Copies of principle contracts, letters of confirmation or written commitments to participate in the liquor distribution network from liquor retailers; and copies of liquor retail licenses of traders expected to participate in the wholesale network of the applicant.

6. Documents relating to liquor suppliers:

a/ Copies of letters of introduction or principle contracts of domestic liquor producers, liquor distributors or other liquor wholesalers, specifying types of liquor to be wholesaled suitable to the operation of liquor producers, liquor distributors or other wholesalers;

b/ Copies of the liquor production licenses, liquor distribution licenses or liquor wholesale licenses of liquor suppliers.

7. The applicant’s written commitment that it/he/she complies with all prescribed requirements and conditions on fire prevention and fighting and environmental protection at its/his/her head office, business places and storehouses.

Article 23. Dossiers of application for liquor retail licenses

A dossier of application for a liquor retail license must comprise:

1. An application for a liquor retail license, made according to Form No. 01 issued together with this Decree.

2. A copy of the enterprise, cooperative, cooperative union or business household registration certificate.

3. A copy of the contract on lease or borrowing of, or documents proving the lawful right to use, places expected to be used for liquor retail.

4. Copies of letters of introduction or principle contracts of liquor producers, liquor distributors or liquor wholesalers.

5. A copy of the receipt of the regulation conformity declaration or the written certification of declaration of conformity with food safety regulations (for liquor for which no technical regulations have been issued) of liquor products to be retailed.

6. The applicant’s written commitment that it/he/she complies with all prescribed requirements and conditions on fire prevention and fighting and environmental protection at its/his/her liquor retail places.

Article 24. Dossiers of application for licenses for sale of liquor for on-spot consumption

A dossier of application for a license for sale of liquor for on-spot consumption must comprise:

1. An application for a license for sale of liquor for on-spot consumption, made according to Form No. 01 issued together with this Decree.

2. A copy of the enterprise, cooperative, cooperative union or business household registration certificate.

3. A copy of the contract on lease or borrowing of, or documents proving the lawful right to use, places expected to be used for sale of liquor for on-spot consumption.

4. Copies of liquor purchase and sale contracts with licensed liquor producers, liquor distributors, liquor wholesalers or retailers.

5. The applicant’s written commitment that it/he/she complies with all prescribed requirements and conditions on fire prevention and fighting and environmental protection at its/his/her liquor sale places.

Section 4

COMPETENCE TO GRANT LIQUOR BUSINESS LICENSES AND LICENSE GRANT PROCEDURES

Article 25. Competence to grant liquor business licenses and license grant procedures

1. Competence to grant licenses:

a/ The Ministry of Industry and Trade shall grant licenses for liquor industrial production of at least 3 million liters per year and liquor distribution licenses;

b/ Provincial-level Industry and Trade Departments shall grant licenses for liquor industrial production of under 3 million liters per year and licenses for liquor wholesale within their provinces or centrally run cities;

c/ The Divisions of Economic Affairs or Divisions of Economic Affairs and Infrastructure under the People’s Committees of districts, towns or provincial cities shall grant licenses for liquor manual production for commercial purposes, liquor retail licenses and licenses for sale of liquor for on-spot consumption in their districts, towns or provincial cities;

d/ An agency that has granted a license is competent to modify and supplement or re-grant such license.

2. License grant procedures:

a/ Dossiers may be submitted directly or by post or online (if conditions permit) to the agency competent to grant licenses;

b/ For the grant of licenses for liquor industrial production, liquor distribution or liquor wholesale:

Within 15 working days after receiving a complete and valid dossier, a competent state agency shall consider and appraise the dossier and grant a license to the trader. In case of refusal, it shall issue a written reply clearly stating the reason.

If finding a dossier incomplete, within 3 working days after receiving it, the licensing agency shall make a written request for dossier supplementation.

c/ For the grant of licenses for liquor manual production for commercial purposes, liquor retail or sale of liquor for on-spot consumption:

Within 10 working days after receiving a complete and valid dossier, a competent state agency shall consider and appraise the dossier and grant a license to the trader. In case of refusal, it shall issue a written reply clearly stating the reason.

If finding a dossier incomplete, within 3 working days after receiving it, the licensing agency shall make a written request for dossier supplementation.

Article 26. Grant of license modifications and supplementations

1. If there arises any change in the content of its/his/her license, a trader shall send a dossier of request for grant of license modifications and supplementations to a competent state management agency.

2. A dossier of request for grant of license modifications and supplementations must comprise:

a/ A written request for grant of license modifications and supplementations, made according to Form No. 02 issued together with this Decree;

b/ A copy of the granted license;

c/ Documents proving the request.

3. Procedures for grant of license modifications and supplementations:

a/ Dossiers may be submitted directly or by post or online (if conditions permit) to the agency competent to grant licenses;

b/ Within 7 working days after receiving a complete and valid dossier, a competent state agency shall consider the dossier and grant license modifications and supplementations according to Form No. 06 issued together with this Decree. In case of refusal, it shall issue a written reply clearly stating the reason.

If finding a dossier incomplete, within 3 working days after receiving it, the competent state agency shall make a written request for dossier supplementation.

Article 27. Re-grant of licenses

1. In case of re-grant due to license expiration:

Traders shall submit dossiers of request for re-grant of licenses 30 days before their license expires. Dossiers, competence and procedures for the re-grant of licenses are similar to those prescribed for the first-time grant of licenses.

2. In case of re-grant due to license loss or damage:

a/ A dossier of request for re-grant of a license must comprise:

A written request for re-grant, made according to Form No. 03 issued together with this Decree, and the original or a copy of the granted license (if any);

b/ The licensing agency shall base itself on the filed dossier and the trader’s dossier of request for re-grant of license to re-grant the license;

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

3. License re-grant procedures:

a/ Dossiers may be submitted directly or by post or online (if conditions permit) to the agency competent to grant licenses;

b/ Within 7 working days after receiving a complete and valid dossier, a competent state agency shall consider the dossier and re-grant licenses according to Form No. 07 issued together with this Decree. In case of refusal, it shall issue a written reply clearly stating the reason.

If finding a dossier incomplete, within 3 working days after receiving it, the competent state agency shall make a written request for dossier supplementation.

Article 28. Contents and validity periods of licenses

1. The content of a license must comply with Form No. 05 issued together with this Decree.

2. Validity periods of licenses:

a/ The validity of a liquor industrial production license is 15 years;

b/ The validity of a license for liquor manual production for commercial purposes, a license  for liquor distribution, a license for liquor wholesale, a license for liquor retail or a license for sale of liquor for on-spot consumption is 5 years.

Article 29. Sending and storage of licenses

1. For liquor industrial production licenses

A liquor industrial production license shall be made in 4 copies, 2 of which shall be preserved at the licensing agency, 1 sent to the applicant and 1 sent to the Ministry of Industry and Trade (if it is granted by a provincial-level Department of Industry and Trade) or to the provincial-level Department of Industry and Trade (if it is granted by the Ministry of Industry and Trade).

2. For licenses for liquor manual production for commercial purposes:

A license shall be made in 4 copies, 2 of which shall be preserved at the licensing agency, 1 sent to the applicant and 1 sent to the provincial-level Department of Industry and Trade.

3. For liquor distribution licenses:

A license shall be made in multiple copies,  2 of which shall be preserved at the licensing agency, 1 sent to the applicant,  1 sent to the Market Surveillance Agency, 1 to the provincial-level Department of Industry and Trade of the locality where the applicant is headquartered, 1 sent to the provincial-level Department of Industry and Trade of each locality where the applicant registers its liquor distribution, and 1 sent to each liquor producer or another liquor enterprise named in the license.

4. For liquor wholesale licenses:

A license shall be made in multiple copies, 2 of which shall be preserved at the licensing agency, 1 sent to the applicant, 1 sent to the Ministry of Industry and Trade, 1 sent to the Market Surveillance Branch, and 1 sent to each liquor producer or another liquor enterprise named in the license.

5. For liquor retail licenses or licenses for sale of liquor for on-spot consumption:

A license shall be made in multiple copies, 2 of which shall be preserved at the licensing agency, 1 sent to the applicant, 1 sent to the provincial-level Department of Industry and Trade, 1 sent to the Market Surveillance Branch, and 1 sent to each liquor producer or another liquor enterprise named in the license.

Section 5

LIQUOR IMPORT

Article 30. General provisions on liquor import

1. Enterprises having liquor distribution licenses may import liquor and are responsible for the food quality and safety of imported liquor. If importing semi-finished liquor products, they may only sell them to enterprises having liquor industrial production licenses.

2. Enterprises having licenses for liquor industrial production may import or entrust other enterprises to import semi-finished liquor for production of finished liquor.

3. Except the case prescribed in Article 31 of this Decree, imported liquor must comply with the following provisions:

a/  Being labeled and affixed with stamps under Article 6 of this Decree;

b/ Having a receipt of the regulation conformity declaration documents or a written certification of conformity with food safety regulations (for liquor for which no technical regulations have been issued) issued by a competent Vietnamese state agency before the import, and comply with regulations on state inspection of food safety of imported food.

4. Liquor may only be imported into Vietnam through international border gates.

Article 31. Import of liquor for carrying out procedures for grant of receipts of regulation conformity declarations or written certifications of conformity with food safety regulations

Enterprises, including also those not yet having licenses for liquor industrial production or liquor distribution licenses, may import liquor for carrying out procedures for grant of receipts of regulation conformity declarations or written certifications of conformity with food safety regulations, with a total volume not exceeding 3 liters per liquor brand. Imported liquor in this case may not be sold on the market.

Chapter III

REPORTING REGIME AND REVOCATION OF LICENSES

Article 32. Reporting regime

1. Before January 20 every year, traders engaged in liquor industrial production, liquor manual production for trading purposes, liquor distribution, liquor wholesale, liquor retail or sale of liquor for on-spot consumption shall send reports on their previous year’s liquor production and business to the competent licensing state agency, made according to Form No. 08 or 09 issued together with this Decree.

2. Before January 30 every year, commune-level People’s Committees shall send reports on the manual production of liquor for sale to enterprises having liquor industrial production licenses for further processing in their localities to the district-level Division of Economic Affairs or Division of Economic Affairs and Infrastructure, made according to Form No. 10 issued together with this Decree.

3. Before February 15 every year, district-level Divisions of Economic Affairs or Divisions of Economic Affairs and Infrastructure shall send reports on liquor manual production for commercial purposes and for sale to enterprises having liquor industrial production licenses for further processing, and on liquor retail and sale of liquor for on-spot consumption in the previous year in their localities to their provincial-level Departments of Industry and Trade, made according to Form No. 11 issued together with this Decree.

4. Before February 28 every year, provincial-level Departments of Industry and Trade shall send reports on liquor production, distribution, wholesale and retail, and sale of liquor for on-spot consumption in the previous year in their localities to the Ministry of Industry and Trade, made according to Form No. 12 issued together with this Decree.

Article 33. Revocation of licenses

1. A license shall be revoked in the following cases:

a/ The dossier of application for the license is forged;

b/ The prescribed conditions are no longer fully satisfied or are not satisfied;

c/ Production or business activities are terminated;

d/ The license was granted ultra vires;

dd/ The license holder does not operate for 12 consecutive months since the time of grant of the license;

e/ The provisions of Article 7 of this Decree are violated.

2. The state agency that has granted a license is competent to revoke it.

3. Within 5 working days after receiving a decision on revocation of its/his/her license, a trader shall hand over the original license to the competent state agency that has issued such decision. This agency shall post information on the revocation on its portal or website.

Chapter IV

STATE MANAGEMENT RESPONSIBILITIES

Article 34. Responsibilities of the Ministry of Industry and Trade

1. To submit to the Government or the Prime Minister for promulgation or promulgate according to its competence legal documents on liquor business.

2. To discharge the state management responsibility for the investment in and development of the liquor industry as prescribed by law and this Decree.

3. To manage the food safety of liquor.

4. To inspect and examine the observance of regulations on product quality and food safety and environmental protection by liquor business establishments; to settle complaints and denunciations and handle violations in liquor business activities.

5. To assume the prime responsibility for, and coordinate with related competent agencies in, conducting examination, and detecting and handling other violations related to liquor business.

6. To assume the prime responsibility for, or coordinate with competent state agencies in, confiscating and handling smuggled liquor, fake liquor, liquor failing to ensure food quality and safety, and liquor without labels or stamps as prescribed.

7. To assume the prime responsibility for and coordinate in the examination of, and popularization of information on, the implementation of this Decree.

Article 35. Responsibilities of the Ministry of Finance

To assume the prime responsibility for, and coordinate with the Ministry of Industry and Trade in, printing, issuing and affixing stamps and managing the use of stamps for liquor produced for domestic consumption and for imported liquor.

Article 36. Responsibilities of the Ministry of Health

1. To examine and supervise the implementation of regulations on prevention and combat of harms of alcohol abuse.

2. To coordinate with related agencies in detecting, examining and handling producers of fake liquor, unsafe liquor, and smuggled liquor.

Article 37. Responsibilities of other ministries, ministerial-level agencies and government-attached agencies

Ministries, ministerial-level agencies and government-attached agencies shall, within the ambit of their powers and according to the assignment of the Government, coordinate with the Ministry of Industry and Trade in performing the state management of liquor business and in the popularization of this Decree.

Article 38. Responsibilities of provincial-level People’s Committees

1. To perform the state management of the liquor industry in their localities.

2. To examine the production, import, circulation and sale of liquor in their localities.

3. To supervise and examine the implementation of the regulations on product quality, food safety, tax obligation toward the State, occupational safety, environmental protection at liquor production establishments, and handle violations committed in their localities in accordance with law.

4. To organize and carry out propaganda and education activities for the people to do liquor business under this Decree.

5. To direct agencies, departments, sectors and People’s Committees at all levels in localities:

To provide public information to raise public awareness about harms of alcohol abuse and the use of liquor with contents of harmful ingredients exceeding allowable levels, and to guide users to only use liquors of clear origin, ensuring prescribed food quality and safety standards; to identify causes of alcohol poisoning cases in their localities and take handling measures according to their competence; to increase examination and supervision and strictly sanction violations in liquor production and business activities.

6. To direct district-level People’s Committees to increase examination and supervision of liquor production and business activities in their localities and strictly handle violations according to their competence.

7. To direct commune-level People’s Committees to regularly monitor, examine and supervise liquor production and business activities in their localities and strictly handle violations according to their competence.

Chapter V

IMPLEMENTATION PROVISIONS

Article 39. Transitional provisions

1. Liquor producers, distributors, wholesalers and retailers that have licenses which remain valid may continue operating according to such licenses. If wishing to have their licenses modified and supplemented, they shall comply with the provisions of this Decree.

2. Within 3 months after this Decree takes effect, traders that sell liquor for on-spot consumption shall apply for licenses under this Decree.

Article 40. Effect

1. This Decree takes effect on November 1, 2017.

2. The Government’s Decree No. 94/2012/ND-CP of November 12, 2012, on liquor production and trading, ceases to be effective on the date this Decree takes effect.

Article 41. Organization of implementation and implementation responsibility

1. The Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with related ministries and sectors in, guiding the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC

* All the forms issued together with this Decree are not translated.