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MINISTRY OF INDUSTRY AND TRADE
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No:
60/2014/TT-BCT
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Hanoi,
December 27, 2014
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CIRCULAR
DETAILING
A NUMBER OF ARTICLES OF THE GOVERNMENT'S DECREE NO. 94/2012/NĐ-CP DATED
NOVEMBER 12, 2012 ON WINE PRODUCTION AND WINE TRADING
Pursuant to the Government's Decree No. 95/2012 /
ND-CP dated November 12, 2012 defining the functions, tasks, entitlements and
organizational structure of the Ministry of Industry and Trade;
Pursuant to the Government's Decree No. 94/2012 /
ND-CP dated November 12, 2012 on wine production and wine trading
At the request of the Director of the Department of
Light Industry,
The Minister of Industry and Trade promulgates the
circular detailing a number of articles of the Government's decree no.
94/2012/NĐ-CP dated November 12, 2012 on wine production and wine trading,
Chapter I
GENERAL PROVISIONS
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1. This Circular stipulates procedures for granting,
regranting, amending, supplementing and revoking the License for industrial
wine production, the License for small-scale production of wine for sale, the
Certification of small-scale wine production registration for selling to
enterprises licensed to produce wine for further processing, the Licenses for
wine distribution, the License for wine wholesaling, the License for wine
retailing as stipulated in the Government’s Decree No. 94/2012 / ND-CP dated
November 12, 2012 on wine production and trading .
2. This Circular shall not be applied to the sale of
wine consumed there and then (retail of beverage consumed there and then).
Article 2. Regulated entities
This Circular shall be applied to domestic and foreign
organizations and individuals participating in wine production and trading and
other operations related to wine production and trading within Vietnam’s
territory .
Article 3. Interpretation of terms
1. "Copies" prescribed in this Circular are
in one of the following suitable forms:
a) A certified true copy as prescribed (for
applications submitted by post / administrative dispatch);
b) A snapshot enclosed with the original for
comparison (for applications submitted directly);
c) A scan of the original (if submitting through
electronic networks is applied in administrative procedures ).
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Article 4. Wine regulations
Wine products must meet the current Vietnam
regulations (NTR 6-3: 2010 / MOH enclosed with the Ministry of Health’s
Circular No. 45/2010 / TT-BYT dated December 22, 2010 and regulations on
amending, supplementing or replacing).
Chapter II
WINE PRODUCTION
Article 5. Application for
granting License for industrial wine production
Enterprises requesting for granting the License for
industrial wine production shall make 02( two ) sets of application for
granting the License for industrial wine production, 01 (one) shall be
submitted to licensing competent agencies, 01 (one) shall be kept in the
enterprises. Application for granting the License for industrial wine
production shall include:
1. A written form of granting the License for
industrial wine production (in the form provided in Appendix 1 enclosed with
this Circular )
2. A copy of the Investment certificate or the
Certificate of Enterprise registration or the Certificate of Business
registration or the certificate of tax codes
3. A copy of the Certificate of reception of
Declaration of conformity, the Certificate of fulfillment of food safety
conditions
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5. A copy of the approval Decision of the report on
environmental impact assessment or the Certificate of commitment to environment
protection registration granted by competent agencies
Article 6. Small-scale production
of wine for sale
1. Manufactures of small-scale wine who are members of
the village of small-scale wine production shall not be requested to obtain the
Licence of small-scale production of wine for sale. Organizations and
individuals representing the village must request for granting the Licence of
small-scale production of wine for their village and be responsible for the
wine production conditions applied to all members of the village.
2. Organizations and individuals requesting for
granting the Licence of small-scale production of wine for sale shall make 2
(two) sets of application for granting the Licence of small-scale production of
wine for sale, 1 (one) shall be submitted to the granting competent agencies
and 01(one) shall be kept in the facilities of such organizations and individuals
An application for granting the License for
small-scale production of wine for sale shall include :
a) A written form of granting the License for
small-scale production of wine for sale in the form provided in Appendix 10
enclosed with this Circular;
b) A copy of the Certificate of Enterprise
registration or the Certificate of Business registration and the Certificate of
tax code;
c) A copy of the Certificate of reception of
Declaration of conformity, the Certificate of fulfillment of food safety conditions
d) A list of wine names enclosed with a copy of labels
of the wine which enterprises shall expect to produce.
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1. Organizations and individuals requesting for
small-scale wine production for selling to the enterprises licensed to produce
wine for further processing shall make 02 (two) sets of application, 01(one)
shall be submitted to People’s Committee at communes, ward where the wine production
facilities of the organizations and individuals are located for selling to
enterprises licensed to produce wine for further processing, 01 (one) shall be
kept in the facilities of such organizations , individuals.
An application for small-scale wine production
registration for selling to the companies licensed to produce wine for further
processing shall include:
a) A written registration of small-scale wine
production for selling to enterprises licensed to produce wine for further
processing in Appendix 16;
b) A copy of the buying and selling contract between
the organizations, individuals requesting for small-scale wine production
registration and the enterprises licensed to produce wine for further
processing.
2. Procedures for granting the Certificate of
registration of small-scale production of wine for selling to enterprises
licensed to produce wine for further processing
a) Within 7 working days from the date of receipt of a
satisfactory application, the People's Committees of communes, wards where the
production facilities of organizations and individuals are located shall
consider and grant the Certificate of registration of small-scale production of
wine for selling to enterprises licensed to produce wine for further processing
or make a reply in writing and clearly state the reasons if the application is
rejected;
b) If the application is not satisfactory, within 03
working days from the date of receipt, the agencies granting the certificate
must have a written request for supplementation.
3. The Certificate of registration of small-scale
production of wine for selling to enterprises licensed to produce wine for
further processing shall be valid for 05 years
Article 8. Making and keeping of
the License for wine production, the Certificate of registration of small-scale
production of wine for selling to enterprises licensed to produce wine further
processing
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2. The License for small-scale production of wine for
sale shall be made in 04 (four): 02(two) shall be kept in the licensing agency,
01(one) shall be submitted to the licensed facilities, 01(one) shall be
submitted to the Service of Industry and Trade managing the administrative
division. The Certificate shall be in the form provided in Appendix 13 enclosed
with this Circular
3. The Certificate of registration of small-scale
production of wine for selling to enterprises licensed to produce wine further
processing shall be made in 04 (four): 02(two) shall be kept in the licensing
agency, 01(one) shall be submitted to the facilities granted the certificate,
01(one) shall be submitted to the Division of Industry and Trade managing the
administrative division. The Certificate shall be in the form provided in
Appendix 19 enclosed with this Circular.
Article 9. Manufacturing output of
wine
Wine manufactures must not produce more than the
manufacturing output and types of wine licensed by the competent agencies.
Chapter III
WINE TRADING
Article 10. Application for
granting Licenses for wine distribution
Enterprises requesting for granting the Licenses for
wine distribution shall make 02 (two) sets of application, 01 (one) shall be
submitted to licensing competent agencies, 01(one) shall be kept in the
enterprises. The application for granting the Licenses for wine distribution
shall include:
1. A written form of granting the Licenses for wine
distribution in the form provided in Appendix 27 enclosed with this Circular.
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3. A commitment made by the enterprises themselves,
which clearly states the content that traders ensure the full compliance with
the requirements for fire protection and fire fighting, environmental
protection under the provisions of law in business stores and its warehouse.
4. A report on income statement of the enterprises,
including:
a) The business result of 03 previous years, enclosed
with a detailed list and a valid copy of the sale contract with each wine
manufacturer or other distributors of wine, the paid tax ;
b) The sale forms, management methods of the
distribution system.
5. A list of traders, a copy of the investment
certificate or certificate of business registration or certificate of business
registration and the certificate of tax codes, the License to trade wine (if
business) of the enterprises who belonged or will belong to the wine
distribution system in an area of at least 06 provinces (in each area, there
must be at least 03 wholesalers).
6. A copy of the written introduction or sale contract
of wine manufactures or of other wine distributors (which specify the location,
types of wine expected to be traded).
7. A copy of the Certificate of declaration of conformity
or the standard certificate of types of wine of the enterprises which are
expected to be traded;
8. A dossier of transportation including copies of
documents proving the right to use vehicles (owned or co-owned according to the
joint-venture contract, capital contribution linking contract; or lease
contract of vehicles matching the business scale of enterprises with a minimum
rental period of 01 year); at least the right to use 03 vehicles with vehicular
weight of 500 kg or more; meeting of requirements for preserving the quality of
the wine during transport.
9. A dossier of financial capability including the
financial capacity which guarantees the normal operation of the entire
distribution system (Certificate of bank with the account balance of at least
01 billion).
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Article 11. Application for
granting License for wine wholesaling
Enterprises requesting for granting the License for
wine wholesaling shall make 02 (two) sets of application, 01(one) shall be
submitted to licensing competent agencies, 01 (one) shall be kept in the
enterprises. The application for granting the License for wine wholesaling
shall include:
1. A written form of granting the License for wine
wholesaling in the form provided in Appendix 29 enclosed with this Circular.
2. A copy of the Investment certificate or the
Certificate of Enterprise registration or the Certificate of Business
registration or the certificate of tax codes
3. A commitment made by the enterprises themselves,
which clearly states the content that traders ensure the full compliance with
the requirements for fire protection and fire fighting, environmental
protection under the provisions of law in business stores and their warehouse.
4. An income statement of the enterprises, including:
a) The income statement of 03 previous years, enclosed
with a detailed list and a valid copy of the sale contract with each
organization, individual producing wine or wine distributors, the paid tax ;
b) The sale forms, management methods of the
wholesaling system.
5. A list of traders, a copy of the investment
certificate or Certificate of Enterprise registration or certificate of
business registration and the certificate of tax codes, the License to trade
wine (if business) of the enterprises who belonged or will belong to the wine
distribution system ( there must be at least 03 retailers).
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7. A copy of the Certificate of declaration of
conformity or the standard certificate of types of wine of enterprises which
are expected to be traded;
8. A dossier of transportation including copies of
documents proving the right to use vehicles (owned or co-owned according to the
joint-venture contract, capital contribution linking contract; or lease
contract of vehicles matching the business scale of enterprises with a minimum
rental period of 01 year); at least the right to use 01 vehicles with vehicular
weight of 500 kg or more; meeting of requirements for preserving the quality of
the wine during transport.
9. A dossier of financial capability including the financial
capacity which guarantees the normal operation of the wholesaling system
(Certificate of bank with the account balance of at least 300 billion).
10. A copy of fee receipts as prescribed by the
Ministry of Finance.
Article 12. Application of granting
License for wine retailing
wine retailers requesting for granting the License for
wine retailing shall make 02 (two) sets of application, 01(one) shall be
submitted to licensing competent agencies, 01 (one) shall be kept in the
enterprises, business households. 01(one) License for wine retailing shall be
applied for only one business store
An application for granting the License for wine
retailing shall include:
1. A written form of granting the License for wine
retailing in the form provided in Appendix 31 enclosed with this Circular.
2. A copy of the Investment certificate or the
Certificate of Enterprise registration or the Certificate of Business
registration or the certificate of tax codes
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4. A copy of the written introduction or sale contract
of enterprises trading wine (which specifies the location, types of wine
expected to be traded).
5. A copy of the Certificate of declaration of
conformity or the standard certificate of types of wine of retailers which are
expected to be traded;
6. A copy of fee receipts as prescribed by the
Ministry of Finance.
Article 13. Making and keeping
License to trade wine
1. For the Licenses for wine distribution
a) Licenses for wine distribution shall be in the form
provided in Appendix 28 enclosed with this Circular.
b) Licenses for wine distribution shall be made in
many sheets :02 (two) of them shall be kept in the licensing agency; 01(one) of
them shall be submitted to the licensed enterprises; 01 (one) shall be
submitted to the Market Surveillance Agency; 01(one) shall be submitted to each
Service of Industry and Trade named in the licence (business location) and the
place where the headquarter of the enterprises is located; 01 (one) shall be
submitted to each wine manufacturer or other wine distributors named on the
licence ( selling the products)
2. For the License for wine wholesaling :
a) License for wine wholesaling in the form provided
in Appendix 30 enclosed with this Circular.
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3. For the License for wine retailing :
a) License for wine retailing in the form provided in
Appendix 32 enclosed with this Circular.
b) License for wine retailing shall be made in many
sheets :02 (two) of them shall be kept in the licensing agency; 01(one) of them
shall be submitted to the licensed enterprises; 01(one) shall be submitted to
the Service of Industry and Trade; 01(one) shall be submitted to Market Surveillance
Agency; 01(one) shall be submitted to each wine manufactures or other wine
wholesalers named on the licence ( selling the products)
Chapter IV
AMENDING, SUPPLEMENTING AND REGRANTING LICENSE FOR
WINE PRODUCTION, LICENSE FOR SMALL-SCALE PRODUCTION OF WINE FOR SALE,
CERTIFICATE OF SMALL-SCALE WINE PRODUCTION REGISTRATION FOR SELLING TO
ENTERPRISES LICENSED TO PRODUCE WINE FOR FURTHER PROCESS, LICENSE TO TRADE WINE
.
Article 14. Amending,
supplementing License for industrial wine production, License for small-scale
production of wine for sale, Certificate of small-scale wine production
registration for selling to enterprises licensed to produce wine for further
process, License for wine trading, distribution wholesaling and retailing
1. If changing the content of the License for
industrial wine production, License for small-scale production of wine for
sale, Certificate of small-scale wine production registration for selling to
enterprises licensed to produce wine for further processing, license for wine
trading , distribution, wholesaling and retailing, the organizations or
individuals shall make 02 (two) sets of application, 01(one) shall be submitted
to competent state management agencies, 01 (one) shall be kept by such
organizations or individuals.
2. The application shall include:
a) A written form of amending or supplementing (in the
form provided in Appendices 3,11,17,33 enclosed with this Circular);
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C) Documents needing amending and supplementing.
3. Procedures for supplementing and amending the
licenses
a) Within 10 working days from the date of receipt of
a satisfactory application, competent State agencies shall consider and amend
and supplement the License for industrial wine production, License for
small-scale production of wine for sale, certificate of small-scale wine
production registration for selling to enterprises licensed to produce wine for
further processing, license for wine trading, distributing, wholesaling,
retailing (in the form provided in Appendices 6, 9, 15, 21, 35, 36, 37 enclosed
with this Circular) . If the application is rejected, competent State agencies
must make a reply in writing and clearly state the reason.
b) If the application is not satisfactory, within 03
working days from the date of receipt, the agencies amending and supplementing
the licence or certificate must have a written request.
Article 15. Regranting license
for industrial wine production, license for small-scale production of wine for
sale, certificate of small-scale wine production registration for selling to
enterprises licensed to produce wine for further processing, license for wine
trading , distributing, wholesaling, retailing.
1. In case the licence or certificate is regranted due
to expiration of
validity
Organizations and individuals must submit an
application for regranting the licenses (including License for industrial wine
production, License for small-scale production of wine for sale, license for wine
trading, distribution, wholesaling, retailing) or certificate of small-scale
wine production for selling to enterprises licensed to produce wine for further
processing before the expiration of the license for 30 days. The application
and procedures for regranting prescribed this clause shall be applied under the
provisions for the case of granting.
2. In case the licence is regranted due to being lost,
destroyed in whole or in part, torn or burnt:
a) Organizations and individuals licensed shall make two
(02) sets of application for regranting, 01 (one) shall be submitted to
competent State management agencies, 01(one) shall be kept by such
organizations, individuals. The application for regranting the licence which is
lost, destroyed in whole or in part, torn or burnt shall include:
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- The original or a copy of the license for industrial
wine production, license for small-scale production of wine for sale,
certificate of small-scale wine production registration for selling to
enterprises licensed to produce wine for further process, license to trade,
distribute, wholesale and retail wine which are granted ( if any)
b) Agencies granting the licence (or Certificate of
registration of small-scale production of wine for selling to enterprises
licensed to produce wine further processing) shall base on the saved file and
the application for regranting of the enterprises to regrant.
c) The term of the license shall be the same as the
old license (for regranting due to damage, loss)
3. Procedures for regranting licenses or certificates
a) Within 10 working days from the date of receipt of
a satisfactory application, competent State agencies shall consider and regrant
the License for industrial wine production, License for small-scale production
of wine for sale, Certificate of small-scale wine production registration for
selling to enterprises licensed to produce wine for further processing, License
for wine trading, distribution, wholesaling and retailing ( in the form
provided in Appendices 5, 8, 14, 20, 38, 39, 40 enclosed with this Circular).
If the application is rejected, the competent State agencies must make a reply
in writing and clearly state the reason.
b) If the application is not satisfactory , within 03
working days from the date of receipt, the agencies regranting the licence,
certificate must have a written request.
Chapter V
REPORTS
Article 16. Reports
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2. Before February 28 every year, the Department of
Trade and Industry shall report directly on the investment, production,
trading, granting the small-scale production of wine for sale. The list of
facilities of small-scale wine production for selling to enterprises licensed
to produce wine for further processing in administrative division to the
Service of Industry and Trade in the form provided in Appendices 24a, 24b
enclosed with this Circular.
3. Before March 31 every year, the Department of Trade
and Industry shall report on the investment, production and licensing of
industrial wine production, small-scale wine production, wine business (retail
and wholesale) of the previous year in administrative division to The Ministry
of Industry and Trade in the form provided in Appendices 25a, 25b, 43, 44
enclosed with this Circular.
4. Before July 15 and January 15 every year,
enterprises trading and distributing wine shall report on the business of 6
months and one year in the form provided in Appendix 49 of this Circular.
5. Before July 15 and January 15 every year,
enterprises trading wine shall report on the business of 6 months and one year
in the form provided in Appendix 48 of this Circular.
6. Before July 15 and January 15 every year,
enterprises retailing wine shall report on the business of 6 months and one
year in the form provided in Appendix 47 of this Circular.
Chapter VI
IMPLEMENTATION PROVISIONS
Article 17. Implementation
1. The Department of Light Industry, Department of
domestic Market according to their functions and tasks shall take charge and
cooperate with units affiliated to Ministries to fulfill the following tasks:
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b) Guide and inspect organizations and individuals to
implement the provisions of this Circular and the laws relating to wine
production and trading.
2. The Service of Industry and Trade in localities
shall declare the plans of the system of wine trading and retailing in the
administrative division; receive the application, inspect, monitor, verify and
grant the License for wine wholesaling, the License for wine production under
the guidance of this Circular.
3. The Division of Industry and Trade at district
level shall receive, inspect, verify and grant License for small-scale
production of wine for sale, License for wine retailing.
4. People’s Committee at commune level shall receive
the Certificate of small-scale wine production for selling to enterprises
licensed to produce wine for further processing .
5. Other enterprises, organizations and individuals
involved in wine production and trading shall be responsible for the
implementation of the provisions of this Circular.
Article 18. Effect
1. This Circular takes effect from March 1, 2015.
2. The Ministry of Industry and Trade’s Circular No.
39/2012 / TT-BCT dated December 20, 2012 detailing a number of articles of the
Government’s Decree No. 94/2012 / ND-CP dated November 12, 2012 on wine
production and trading shall be annulled.
3. Licenses for wine production and trading which have
been granted and are valid shall be allowed to use until the expiry of the
licenses.
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5. Revocation of licenses in the following cases:
a) Traders who have been licensed wine production and
trading before this Circular takes effect do not operate for 12 consecutive
months;
a) Since this Circular takes effect, traders who have
been licensed wine production and trading do not operate for 12 consecutive
months;
PP.
MINISTER
DEPUTY MINISTER
Ho Thi Kim Thoa