Regulations on applications for licenses for mass production of alcohol in Vietnam

Regulations on applications for licenses for mass production of alcohol in Vietnam (Internet image)

1. What is mass production of alcohol?

According to Clause 2, Article 3 of Decree 105/2017/ND-CP, mass production of alcohol means an act of producing alcohol on an automatic production line and industrial equipment.

2. Requirements for mass production of alcohol in Vietnam

According to Article 8 of Decree 105/2017/ND-CP, the requirements for mass production of alcohol include:

- Being an enterprise established in accordance with the law.

- Having a line of machines, equipment and technological processes for wine production to meet the expected production scale.

- Ensure food safety conditions according to regulations.

- Ensure environmental protection conditions as prescribed.

- Meet the regulations on labeling of alcohol goods.

- Having qualified and professional technical staff suitable to the wine production industry and profession.

3. Applications for licenses for mass production of alcohol in Vietnam

According to Article 19 of Decree 105/2017/ND-CP (amended in Clause 14, Article 16 of Decree 17/2020/ND-CP), a set of application for the license for mass production of alcohol shall include:

- A completed application form provided in the specimen No. 1 attached to Decree 105/2017/ND-CP.

- A copy of the enterprise registration certificate or equivalent legal documents.

- A copy of the Spirit Declaration or the Certificate of submission of Declaration of Conformity or the Certificate of Declaration of conformity with the food safety regulations (if the spirit is not regulated by a technical regulation); a copy of the Certificate of food safety or one of the following certificates:

+ Good Manufacturing Practice (GMP),

+ Hazard Analysis and Critical Control Point (HACCP),

+ Food Safety Management Systems (ISO 22000),

+ International Food Standards (EFS),

+ BRC Global Food Standards (BRC)

+ Food Safety System (FSSC 22000)

- A copy of the written approval of the report on environmental impact assessment or the written confirmation of registration of the plan for environmental safety or written commitment thereof granted by the competent authority.

- A manifest of alcoholic drinks and a copy of alcoholic drink labels that the enterprise has produced or intends to produce.

- A copy of any degree or certificate and the decision on recruitment or labor contract of each technician.

4. Cases of revocation of licenses for mass production of alcohol in Vietnam

According to Article 33 of Decree 105/2017/ND-CP, the license shall be revoked in any of the following cases:

- Fake application;

- Failure to fulfill or comply with prescribed regulations;

- Termination of production or trade;

- The license granted within improper competence;

- The trader having the license but ceasing operation for 12 consecutive months.

- Violations against provisions of Article 7 stated in Decree 105/2017/ND-CP.

5. Rights and obligations of enterprises producing mass of alcohol in Vietnam

Rights and obligations of enterprises producing mass of alcohol include:

- Be entitled to sell spirits that they produce (directly or through their associate companies or affiliated branches) to traders having the license for spirit distribution/wholesaling/retailing or the license for sale of spirits for on-premises consumption and to spirit exporters.

- Have the rights to directly retail alcohol and sell alcohol for on-premises consumption that they produce at their stores.

- Be entitled to purchase domestic semi-finished alcohol or import one to produce finished alcohol.

- Be eligible to purchase alcohol from entities producing alcohol at home for re-preparation.

- Comply with regulations on food safety, labeling, fire and environmental safety.

- Make reports and fulfill other obligations specified herein.

(Article 15 of Decree 105/2017/ND-CP, as amended by Clause 8 Article 16 of Decree 17/2020/ND-CP)

Thanh Rin

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