Do individuals who produce handmade wine for non-business purposes have to declare it to the Commune People's Committee in Vietnam?

Do individuals who produce handmade wine for non-business purposes have to declare it to the Commune People's Committee in Vietnam?

Article 17 of the Law on Prevention and Control of Harmful Effects of Alcoholic Beverages 2019 stipulates measures to manage home production of spirits for non-business purposes, specifically as follows:

1. Any household or individual that produces spirits at home for non-business purposes shall send the People’s Committee of the commune a declaration of amounts of spirits produced and amount of consumption and a commitment to ensure food safety and not to sell spirits commercially, which is made using the form promulgated by the Minister of Industry and Trade. Declaration fees and charges are not required.

2. People's Committees at all levels shall provide guidance on implementing regulations of the law on food safety; submit reports on production of spirits and assurance of food safety for home production of spirits for non-business purposes within their areas.

According to this Article, individuals who produce handmade wine for non-business purposes must send the Commune People's Committee a declaration of the amount of wine produced, scope of use, commitment to ensuring food safety and not sell wine to the market in Vietnam.

Do individuals who produce handmade wine for non-business purposes have to declare it to the Commune People's Committee in Vietnam? (Image from the Internet)

How much is fine for producing wine with an alcohol content of 5.5 degrees without registering with the Commune People's Committee where the production facility is located in Vietnam?

Pursuant to Article 25 of Decree 98/2020/ND-CP regulating violations against regulations on registration of sale of spirits having at least 5.5% ABV for on-premises consumption, trade in spirits having less than 5.5% ABV and home production of spirits having at least 5.5% ABV for selling to licensed spirit producer for re-preparation:

1. A fine ranging from VND 500.000 to VND 1.000.000 shall be imposed for engaging in home production of spirits having at least 5.5% ABV for selling to licensed spirit producer for re-preparation but failing to carry out registration with the People’s Committee of commune where the production establishment is located.

2. A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed for failing to carry out registration with the district-level Office of Economics or Office of Economics and Infrastructure when selling spirits having at least 5.5% ABV for on-premises consumption or trading in spirits having less than 5.5% ABV.

According to Clause 4, Article 4 of Decree 98/2020/ND-CP amended by Point b, Clause 1, Article 3 of Decree 17/2022/ND-CP stipulating forms of sanction for administrative violations and remedial measures, as follows:

a) Maximum fine in commercial sector shall be VND 100.000.000 for individual offenders and VND 200.000.000 for organization offenders; maximum fine for manufacturing and trading of counterfeits or prohibited goods and consumer’s right protection shall be VND 200.000.000 for individual offenders and VND 400.000.000 for organization offenders;

b) Fines mentioned under Chapter II hereof apply to administrative violations committed by individual offenders, except for administrative violations under Article 33, Article 35, Article 68, Article 70, Clauses 6, 7, 8, and 9 Article 73, Clauses 6, 7, and 8 Article 77 hereof. Organization offenders shall be met with twice the fines applicable to individual offenders.

Thus, according to the above regulations in Vietnam, individuals who produce alcohol with an alcohol content of 5.5 degrees or more without registering with the Commune People's Committee where the production facility is located will be fined from VND 500,000 to 1,000,000 VND. For organizations, the fine will be from 1,000,000 to 2,000,000 VND.

Best regards!