Production and distribution of alcohol according to the law is a conditional business sector. One of the important conditions that a business establishment must meet is to have a Liquor Production License. What does the law stipulate about the procedures for applying for a liquor production license? How will the procedures be carried out in 2024? Readers should refer to the following article of Ke Toan Viet My to get answers to the above questions.
A wine production license is a license granted by a competent state agency to a company, business household, or organization when producing and distributing wine to consumers. Wine production includes two activities: artisanal wine production and industrial wine production.
– Industrial wine production is the production of wine based on industrial machinery and equipment.
– Craft wine production is the production of wine using traditional tools, not using industrial machinery and equipment.
Thus, depending on whether the wine production facility uses industrial machinery and equipment or traditional tools, not using industrial machinery and equipment, the facility will apply for an industrial wine production license or a craft wine production license.
What conditions must a business meet when applying for a wine production license? Let’s join Viet My Accounting to learn more about this issue.
According to Article 8 of Decree 105/2017/ND-CP, the conditions for industrial alcohol production are:
* Conditions for granting an industrial alcohol production license
– The enterprise is established in accordance with the provisions of law.
– Has a chain of machinery, equipment, and alcohol production technology processes that meet the expected production scale.
– Ensure food hygiene and safety conditions according to regulations.
– Ensure environmental protection conditions according to regulations.
– Meet the regulations on labeling of alcohol products.
– Have technical staff with qualifications and expertise appropriate to the alcohol production industry and profession.
* Conditions for granting a license to produce craft alcohol
– Is an enterprise, cooperative, cooperative union or business household established in accordance with the provisions of law.
– Ensure food safety conditions and label wine products according to regulations.
According to Article 19 of Decree 105/2017/ND-CP, amended by Decree 17/2020/ND-CP, the application for an Industrial Wine Production License (01 set) includes:
– Application for an Industrial Wine Production License according to Form No. 01 issued with the promulgated Decree.
– Copy of the Certificate of Business Registration or equivalent legal documents.
– Copy of the Wine Product Declaration or copy of the Certificate of Acceptance of the Declaration of Conformity or Certificate of Confirmation of Compliance with Food Safety Regulations (for wines without technical regulations); A copy of the Certificate of Food Safety Eligibility or a copy of one of the following certificates: Good Manufacturing Practice (GMP), Hazard Analysis and Critical Control Points (HACCP), Food Safety Management System (ISO 22000), International Food Standards (EFS), Global Food Safety Standards (BRC), Food Safety System (FSSC 22000).
– A copy of the Decision approving the Environmental Impact Assessment Report or the certificate of registration of the environmental protection plan or the certificate of registration of the environmental protection commitment issued by the competent authority.
– A list of wine products with a copy of the wine product label that the company produces or plans to produce.
– A copy of the degree, professional certificate and recruitment decision or labor contract of the technical staff.
Pursuant to Article 20 of Decree 105/2017/ND-CP, amended by Decree 17/2020/ND-CP, the application for a License to produce craft alcohol for business purposes (1 set) includes:
– Application for a License to produce craft alcohol for business purposes according to Form No. 01 issued with this Decree.
– Copy of the Certificate of registration of an enterprise, cooperative, cooperative union or business household.
– Copy of the Declaration of wine products or a copy of the Certificate of receipt of the Declaration of conformity or the Certificate of confirmation of declaration of compliance with food safety regulations (for wines without technical regulations); a copy of the Certificate of food safety eligibility, except for establishments that are small-scale food businesses according to the provisions of the law on food safety.
– List of wine product names with copies of wine product labels that the organization or individual produces or plans to produce.
– Application for a License to produce craft wine for business purposes according to Form No. 01 issued with this Decree.
– Copy of the Certificate of registration of an enterprise, cooperative, cooperative union or business household.
– Copy of the Wine Product Declaration or a copy of the Certificate of Acceptance of the Declaration of Conformity or a Certificate of Confirmation of Compliance with Food Safety Regulations (for wines that do not have technical regulations); a copy of the Certificate of Food Safety Qualified Facilities, except for establishments that are small-scale food businesses according to the provisions of the law on food safety.
– List of wine product names with copies of wine product labels that the organization or individual produces or plans to produce.
According to Article 21 of Decree 105/2017/ND-CP, amended by Decree 17/2020/ND-CP, the application for a Liquor Distribution License (01 set) includes:
– Application for a Liquor Distribution License according to Form No. 01 issued with this Decree.
– Copy of Business Registration Certificate or equivalent legal document.
– Documents on the liquor distribution system including one of the following two types:
+ Copy of the contract in principle, confirmation letter or commitment to participate in the liquor distribution system with a copy of the Liquor Wholesale License of the trader expected to participate in the liquor distribution system;
+ Copy of the Certificate of registration of the enterprise’s branch operation or the Certificate of registration of the enterprise’s business location for liquor trading.
– Documents related to the wine supplier:
+ Copies of introductory documents or contracts in principle of wine producers, other wine distributors or foreign wine producers, clearly stating the types of wine intended to be traded in accordance with the activities of the wine suppliers;
+ In case the wine supplier is a domestic trader, a copy of the Wine Production License or Wine Production License is required.
According to Article 22 of Decree 105/2017/ND-CP, amended by Decree 17/2020/ND-CP, the application for a Wine Wholesale License (01 set) includes:
Application for a Wine Wholesale License according to Form No. 01 issued under this Decree.
– Copy of the Business Registration Certificate or equivalent legal document.
– Documents on the wine wholesale system include one of the following two types:
+ A copy of the principle contract, confirmation letter or commitment to participate in the wine wholesale system with a copy of the wine retail license of the merchant intending to participate in the wine wholesale system;
+ A copy of the enterprise’s branch registration certificate or the enterprise’s business location registration certificate for wine trading.
– Documents related to the wine manufacturer:
+ Copies of introductory documents or principle contracts of domestic distributors, distributors or other retailers, clearly stating the wine lines expected to be traded in accordance with the operations of the producer, distributor or other wholesaler;
+ A copy of the wine production license, distribution license or wine wholesale license of wine suppliers.
According to Article 23 of Decree 105/2017/ND-CP, amended by Decree 17/2020/ND-CP, the application for a Retail Alcohol License (01 set) includes:
– Application for a Retail Alcohol License according to Form No. 01 issued with this Decree.
– Copy of the Certificate of registration of an enterprise, cooperative, cooperative union or business household.
– Copy of the lease/borrowing contract or document proving the legal right to use the proposed retail location.
– Copy of the introductory letter or contract in principle of the alcohol producer, alcohol distributor or alcohol wholesaler.
– Application for a Retail Alcohol License according to Form No. 01 issued with this Decree.
– Copy of the Certificate of Business Registration, Cooperative, Cooperative Union or Business Household.
– Copy of the lease/borrowing contract or document proving the legal right to use the premises proposed for retail sale.
– Copy of the introductory letter or contract in principle of the wine supplier, wine distributor or wine wholesaler.
The trader submits the application directly or by post or online (if applicable) to the competent licensing authority;
– For the issuance of an industrial wine production license: Within 15 working days from the date of receipt of a complete and valid application, the competent state agency shall review, appraise and issue a license to the trader. In case of refusal to issue, a written response must be given stating the reasons. In case the dossier is not valid, within 03 working days from the date of receiving the dossier, the licensing authority must issue a written request for additional information.
– For the issuance of a License for the production of craft alcohol for business purposes: Within 10 working days from the date of receiving a complete and valid dossier, the competent state agency shall review, appraise and issue a license to the trader. In case of refusal to issue, a written response must be given stating the reasons for the refusal. In case the dossier is not valid, within 03 working days from the date of receiving the dossier, the licensing authority must issue a written request for additional information.
Pursuant to Clause 1, Article 25 of Decree 105/2017/ND-CP and Clause 18, Article 16 of Decree 17/2020/ND-CP, the competent agency to grant a license to produce alcohol includes:
The Ministry of Industry and Trade is the agency that grants the License to produce industrial alcohol with a scale of 03 million liters/year or more and the License to distribute alcohol;
The Department of Industry and Trade is the agency that grants the License to produce industrial alcohol with a scale of less than 03 million liters/year and the License to wholesale alcohol in the province or centrally run city;
The Economic Department or the Economic and Infrastructure Department under the People’s Committee at the district level is the agency that grants the License to produce craft alcohol for business purposes and the License to retail alcohol in the area.
Above is all the information we have answered about the issue of granting a license to produce alcohol to send to our readers. If you have any related questions that need further clarification from Viet My Accounting, please contact us immediately.
Mr. Nguyen Thanh Phuc has more than 15 years of experience in business administration, consulting, legal support, tax and strategic consulting. Mr. Nguyen Thanh Phuc is a leading expert in the field of Law and Accounting in Vietnam, founder of the Viet My Law and Accounting brand, which has successfully franchised more than 30 branches nationwide. Viet My is the only Vietnamese brand reputable enough to franchise and succeed in the fields of Law and Accounting.
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