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stop-check New regulations on use of stamps for alcohol

Circular No. 15/2020/TT-BTCstatus3 dated March 23rd, 2020 of the Ministry of Finance on providing guidelines for printing, issuance, management and use of stamps for alcohol produced for domestic sale and imported alcohol
VietlawOnline

According to this Circular, each alcohol bottle, jar, can, bag, box or container must bear a stamp. Read more

If the bottle is wrapped in cellophane paper, the stamp must be affixed onto the bottle before it is wrapped in cellophane paper.

Stamps are not required for the following cases:

- Alcohol produced manually and sold to enterprises issued with the license for mass production of alcohol for further processing.

- Semi-finished alcohol (unfinished alcohol that is used to produce finished one).

- Alcohol imported to follow procedures for issuance of notes of declarations of conformity

This Circular takes effect from May 7th, 2020.

The stamps issued in accordance with Circular No. 160/2013/TT-BTC dated November 14th, 2013 before the effective date of this Circular may continue to be used.

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blue-check Law on prevention and control of harmful effects of alcoholic beverages

Law No. 44/2019/QH14 dated June 14th, 2019 of the National Assembly on prevention and control of harmful effects of alcoholic beverages
VietlawOnline

This Law provides for measures to reduce consumption of alcoholic beverages; measures to manage the supply of alcoholic beverages; measures to reduce harmful effects of alcoholic beverages; conditions for facilitating prevention and control of harmful effects of alcoholic beverages; state management and responsibilities of organizations and individuals for prevention and control of harmful effects of alcoholic beverages Read more

Under this Law, these acts are prohibited: selling, supplying and offering discounts on alcoholic beverages persons under 18 years of age; employing persons under 18 years of age to directly engage in production, purchase and sale of alcoholic beverages; advertising spirits having at least 15% ABV; running sales promotions of alcoholic beverages having at least 15% ABV; using alcoholic beverages having at least 15% ABV to run sales promotions in any shape or form (Article 5).

This Law takes effect from January 1st, 2020.

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red-check New regulations on alcohol trading

Decree No. 105/2017/ND-CPstatus2 dated September 14th, 2017 of the Government on trade in alcohol
VietlawOnline

In comparison with the earlier regulations, there are many important changes under this Decree: Read more

- This Decree does not apply to export, temporary import, temporary export and transit of alcohol; import of alcohol for sale at duty-free shops; import of alcohol from foreign countries to non-tariff areas, sale and purchase of alcohol at non-tariff areas; trade in alcohol at non-tariff areas and storing alcohol at bonded warehouses; imported alcohol that is luggage, movables, gifts, sample goods in duty-free quotas.

- To add some acts which are banned: sale of alcohol whose concentration is 15 degrees or over on the Internet; sale of alcohol by an automatic selling machine.

- Any organization or individual that produces alcohol for the purposes on-site consumption must also obtain a license.

- Imported semi-finished alcohol shall be exempt from labeling

This Decree takes effect from November 1st, 2017 and replaces Decree No. 94/2012/ND-CPstatus1 dated November 12th, 2012.

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stop-check Procedures for licensing for wine production and trading

Circular No. 60/2014/TT-BCTstatus1 dated December 27, 2014 of the Ministry of Industry and Trade on detailing a number of articles of the Government's Decree No. 94/2012/ND-CPstatus1 dated November 12, 2012 on wine production and wine trading
VietlawOnline

This Circular provides the guidance on dossier, procedures and order for granting these types of paper: Read more

1. The License for industrial wine production

2. The License for small-scale production of wine for sale

3. The Certification of small-scale wine production registration for selling to enterprises for further processing

4. The Licenses for wine distribution

5. The License for wine wholesaling

6. The License for wine retailing

This Circular takes effect from March 01, 2015. To annul Circular No. 39/2012/TT-BCTstatus1 dated December 20, 2012.

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stop-check Wine village’s members are exempted from License’s application

Circular No. 39/2012/TT-BCTstatus1 dated December 20, 2012 of the Ministry Of Industry And Trade detailing a number of articles of the Government's Decree No. 94/2012/ND-CPstatus1 dated November 12, 2012 on wine production and wine trading.
VietlawOnline

Under this Circular, the organizations and individuals engaged in the small-scale production of wine being members of wine villages are exempted from applying for the License for small-scale production of commercial wine. The organizations and individuals that represent a wine village must apply for the License for small-scale wine production of the wine villages, and take responsibility for the wine production conditions applicable to the member of the wine villages. Read more

Besides, the Circular also provided the specific provisions on the dossier of application for the License for mass production of wine, the dossier of application for the registration of the small-scale production of wine for selling to enterprises licensed to produce wine further processing…Specifically, the enterprise shall make 02 dossiers including: the written application for the License for mass production of wine; The description of the production process, the facilities, machinery and equipment; the copies of the Certificate of reception of Declaration of conformity…

Also, before January 31 every year, the wine producers and traders must send reports on the statistics of the quantity and types of wine being produced and traded (according to the distribution and wholesaling system) in the last year to the competent agencies that issued the licenses.

This Circular takes effect on February 02, 2013 and annuls the Circular No. 10/2008/TT-BCTstatus1 dated July 25, 2008 of the Ministry of Industry and Trade.

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stop-check New regulation on trading and producing of wine

Decree No. 94/2012/ND-CPstatus1 dated November 12, 2012 of the Government on wine production and wine trading.
VietlawOnline

This Decree prescribes the production and sale of wine and drinking alcohol, including: investment, production, import, export, sale, and other activities related to the production and trading of wine and drinking alcohol. Read more

According to the Article 15 of the Decree, from January 01st 2014, the wine which produced for sale in Vietnam being traded on the market must have stamps, instead of currently required for imported wines only

For trading of wine, the trader must be an enterprise established in accordance with law, and has registered the sale of alcoholic drinks or wine

This Decree takes effect on January 01st 2013, replaced for the Decree No. 40/2008/NĐ-CPstatus1 dated April 07th 2008

Within 06 months as from this Decree takes effect, the competent agencies prescribed in Clause 2 Article 18 must finish announcing the quantity of License for wine trading.

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stop-check Hớng dẫn điều kiện sản xuất, kinh doanh rượu English attachment

Circular No. 10/2008/TT-BCTstatus1 dated July 25, 2008 of the Ministry of Industry and Trade guiding the implementation of a number of articles of the Governments Decree No. 40/2008/ND-CPstatus1 dated April 7, 2008, on liquor production and trading
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stop-check Regulations and conditions to produce and trade alcohol

Decree 40/2008/ND-CPstatus1 dated April 07th, 2008 of the Government on production and trading of alcohol,including investment, import, export, purchase and sale and other activities related to the production and trading of alcoholby individuals or organizations in Vietnam.

Producing of and trading in alcohol is strictly controlled by the Government. Organizations and individuals who are engaged in producing and trading alcohol must obtain licenses except in case where they produce alcohol manually for their own consumption. Read more

Grant of License for production and trading of alcohol

To obtain a license for producing alcohol, enterprises must (i) get a license for production and trading of alcohol; (ii) have machines, equipment, know-how to produce alcohol which meets quality standards; (iii) guarantee hygiene and labour safety conditions, fire and explosion prevention; (iv) have the right of ownership or use of legal alcohol label in Vietnam; (v) have qualified technical staffs; and (vi) guarantee that those people who directly take part in alcohol production must be in secured health conditions and free from contagious diseases.

To obtain a license for trading (wholesale or wholesale agency) persons/enterprises must (i) be an enterprise established under the laws and registered with their alcohol trading activities; (ii) have a permanent trading place, express address,have guaranteed technical equipment which meet the standards prescribed in the regulations

of the Ministry of Industry and Commerce; (iii) have warehouse for goods which meets the requirements for reservation of alcohol quality, environment protection and fire and explosion prevention; and (iv) have distribution

channel.

To acquire a license for retail or retail agency, persons/enterprises must (i) register for trading of alcohol; and (ii) meet the requirements for reservation of alcohol quality and fire and explosion prevention.

Some notes on obligations of persons/organizations regarding the trading of alcohol

Persons/organizations producing and trading alcohol must provide information on alcohol products on mass media and in accordance with the request of competence authorities, orgnizations/persons producing alcohol manually for business purpose must get a license for manual production of alcohol. Persons/organizations producing alcohol manually for their own consumption are not allowed to offer the products for sale. Persons/organizations producing and trading alcohol must (i) not sell persons under the age of 18 years old, (ii) not use alcohol as awards in competitions (except for alcohol competitions), or (iii) not conduct retails sales of alcohol products via automatic vending machines, ect.

Within a six-month period from the date the Decree takes effect, organizations/persons producing and trading alcohol must apply for licenses for the production and/or trading as prescribed in the Decree. The Circular will take full force 15 days after it is published in the Official Gazette, and previous regulations contrary to this Circular shall be abrogated.

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stop-check Hướng dẫn kinh doanh mặt hàng rượu English attachment

Circular No. 12/1999/TT-BTMstatus1 dated May 19, 1999 of the Ministry of Trade guiding the liquor trading

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