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THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 94/2012/ND-CP
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Hanoi, November 12, 2012
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DECREE
ON WINE PRODUCTION AND
WINE TRADING
Pursuant to the Law on Government organization dated December 25th
2001;
Pursuant to the Law on Commerce dated June 14th 2005;
Pursuant to the Law of Food safety dated June 17th2010;
At the proposal of the Minister of Industry and Trade;
The Government promulgates a Decree on wine production and wine
trading,
Chapter 1.
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Article 1. Scope of regulation
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.
Wine and drinking alcohol (for producing wine) are referred to as wine in
this Decree.
Article 2. Subjects of application
1. This Decree is applicable to the organizations and individuals engaged
in the production and trading of wine, and other activities relevant to the
production and sale of wine in Vietnam’s territory.
2. Foreign traders, foreign-invested enterprises in Vietnam governed by
this Decree and other relevant legal documents.
Article 3. Interpretation of terms
In this Decree, the terms below are construed as follows:
1. “Wine” is beverages that contain drinking alcohol. Wine is produced
through the process of fermentation (distilled or not distilled) from the starch
of cereals, sugar from plants and fruits, or from drinking alcohol (Ethanol)
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3. “Small-scale production of wine” is the production of wine using
traditional instruments such as copper boilers, pipers, freezers… at a small
scale, carried out by households, organizations, or individuals.
4. “Mass production of wine” is the
production of wine using industrial equipment and lines of machinery.
5. “Medicinal wine” is the wine that ages together with ingredients
derived from animals and/or plants and/or minerals for medical treatment and
supporting the body functions, and enhancing human health.
6. “Semi-finished wine” is the unfinished wine that needs to go through
some more processes, such as filtration, preparation, bottling, labeling, etc.
to become finished wine.
7. “Wine distribution” is purchasing wine from the wine producers or wine
importers and sell it to wine wholesalers.
8. “Wine wholesaling” is purchasing wine from the wine distributors and
wine producers and sell to wine retailers.
9. “Wine retailing” is purchasing wine from wine wholesalers and sell it
directly to consumers.
Article 4. Rules for managing the production and the
sale of wine
1. Wine belongs the articles restricted from trading by the State. Wine
producers and wine traders (distributors, wholesalers, retailers) must have
licences, except for the small-scale production of wine to sell to the
enterprises licensed to produce wine for further processing.
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3. The State shall uniform the management of the investment, production,
export, import, sale, labeling, advertising of wine, food safety and quality,
environment, fire and explosion prevention during the production and sale of
wine, and other activities relevant to the production and sale of wine.
4. Wine producers and wine traders must comply with relevant regulations
apart from that in this Decree.
Article 5. Planning for wine production
1. The planning for wine production belongs to the Master planning for the
development of the beer - wine - beverage industry, made for a 10-year period
towards the next 10 years.
2. The Ministry of Industry and Trade shall lead the formulation,
appraisal, and approval of the Master planning for the development of the beer
- wine - beverage industry, including the Planning for wine production
nationwide.
3. Based on the Master planning for the development of the industry of
beer - wine – beverages, approved by the Ministry of Industry and Trade,
People’s Committees of central-affiliated cities and provinces (hereinafter
referred to as provincial People’s Committees) shall formulate, appraise, and
approve the local Master planning for the development of the industry of beer -
wine – beverages, including the Planning for wine production and wine villages.
4. The formulation, amendment, supplementation of the Master planning for
the development of the industry of beer - wine – beverages must comply with
current regulations on planning management.
Article 6. Accreditation of wine villages
Provincial People’s Committees shall decide the accreditation of local
wine villages in accordance with current regulations on accreditation of trade
villages, that satisfy the following requirements:
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2. The trade villages must formulate and apply the common process of
producing the wine bearing the brand name of those villages.
3. The wine must satisfy the requirements for food safety and quality and
goods labels applicable to all people engaged in the production of wine in the
village.
4. Comply with the regulations on environment protection, fire and
explosion prevention applicable to all people engaged in the production of wine
in the village.
5. The accredited wine villages are responsible for developing and
preserving their brand names.
Chapter 2.
WINE PRODUCTION
Article 7. Investment in mass
production of wine
1. The investment in wine production must be congruent with the approved
Master planning for the development of the beer - wine - beverage industry.
2. The investor must comply with the laws on investment, construction,
food safety and quality, environment protection, fire and explosion prevention,
an other relevant laws.
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The requirements for issuing the License for mass
production of wine comprise:
1. The enterprise has registered the wine production.
2. The mass production of wine must be
congruent with the approved Master planning for the development of the beer -
wine - beverage industry.
3. Having machinery, equipment, technological lines for wine production.
All machinery and equipment used for wine production must have legal origins
4. Satisfying the requirements for labor hygiene and safety, fire and
explosion prevention, and environment protection.
5. Having the right to own or to use the brand name of wine in Vietnam.
6. Having technicians proficient in wine production.
7. The people directly participating in wine production must be healthy
without suffering from infectious diseases.
Article 9. The License for mass
production of wine
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2. The authority to issue the License for mass
production of wine:
a) The Ministry of Industry and Trade shall issue the Licenses for wine
production to the projects of investment in wine production that reach at least
3 million liters per year.
b) The Services of Industry and Trade shall issue the Licenses for wine
production to the project of investment in wine production that reach under 3
million liters per year.
3. The Ministry of Industry and Trade shall specify the dossier of
application for the License for mass production of
wine.
4. The procedure for issuing the License for mass
production of wine
a) Within 20 days as from receiving the complete and valid dossiers, the
Ministry of Industry and Trade or the local Service of Industry and Trade shall
consider and issue the License for mass production of
wine. The refusal must be explained in writing;
b) If the dossier is not complete or not valid, within 07 days after
receiving it, the licensing agency must request the supplementation in writing.
5. The License for mass production of wine
is valid for 15 years. 30 days before the License expires, the wine producer
must send a written application for another License to the licensing agency for
consideration.
6. The Ministry of Industry and Trade shall specify the cases, the
procedures, the dossier of application for reissuing and amending the License
for mass production of wine.
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Apart from the rights and obligations prescribed by law, the enterprises
engaged in mass production of wine also have
the following rights and obligations:
1. Providing training in the safety and prevention of fire and explosion,
environment protection, and food safety for employees as prescribed.
2. Complying with the regulations on food safety, food quality, and goods
labels.
3. Providing information about the wine as guided by competent agencies.
4. Making reports on the operation every 6 months and every year as guided
by the Ministry of Industry and Trade.
5. Providing health examination every 12 months for employees. The people
directly participating in wine production must be healthy without suffering
from infectious diseases as prescribed by current regulations.
6. Distributing and selling wholesale the wine they produced; only selling
retail the wine at the affiliated stores without applying for the License for
wine distribution, wholesaling, and retailing.
7. Distributing the wine they produce (directly or via associate companies
or branches) to the enterprises having the Licenses for wine distribution and
wine wholesaling.
8. Importing drinking alcohol, semi-finished wine, and additives to
produce finished wine, or authorizing enterprises that have the Licenses for mass production of wine to import.
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Article 11. Small-scale production of wine for sale
1. The requirements for issuing the License for small-scale production of
wine for sale:
a) Having registered the small-scale production of wine.
b) Comply with the regulations on environment protection, food safety,
food quality, and wine labels as prescribed by current laws.
2. The authority to issue the License: the Department of Economics or the
Department of Industry and Trade (hereinafter referred to as the Department of
Industry and Trade) affiliated to the People’s Committee of the district, where
the premises of small-scale production of wine for sale is situated, shall
issue the License for small-scale production of wine for sale.
3. The procedure for issuing the License for small-scale production of
wine for sale:
a) Within 15 days as from receiving the complete and valid dossier, the
Department of Industry and Trade affiliated to the People’s Committee of the
district, where the premises of small-scale production of wine for sale is
situated, shall consider and issue the License for small-scale production of
wine for sale according to the form provided by the Ministry of Industry and
Trade. The refusal must be explained in writing;
b) If the dossier is not complete or not valid, within 07 days after
receiving it, the licensing agency must request the supplementation in writing.
4. The License for small-scale production of wine for sale is valid for 05
years. 30 days before the License expires, the small-scale wine producer must
send a written application for another License to the licensing agency for
consideration.
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6. Rights and obligations of organizations and individuals engaged in
small-scale production of wine for sale.
Apart from the rights and obligations prescribed by law, the organizations
and individuals engaged in small-scale production of wine also have the
following rights and obligations:
a) Joining the local wine village, if any;
b) Distributing and selling wholesale the wine they produced; only selling
retail the wine at the affiliated stores without applying for the License for
wine distribution, wholesaling, and retailing.
c) Distributing and selling wholesale the wine they produced; only selling
retail the wine at the affiliated stores without applying for the License for
wine distribution, wholesaling, and retailing.
d) Organizations and individuals engaged in small-scale production of wine
must not import wine, semi-finished wine, drinking alcohol, and wine additives
for producing finished wine;
dd) Paying the fee for issuing the License for small-scale production of
wine for sale as prescribed by the Ministry of Finance.
Article 12. The small-scale production of wine for
selling to enterprises licensed to produce wine further processing
1. The organizations and individuals engaged in small-scale production of
wine for selling to the enterprises licensed to produce wine for further
processing must register with the local authority.
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3. After 01 year as from this Decree takes effect, the organizations and
individuals engaged in small-scale production of wine to sell to the
enterprises licensed to produce wine for further processing must register again
with the local authority.
4. The organizations and individuals engaged in small-scale manual
production for selling to the enterprises licensed to produce wine for further
processing are responsible for the environment protection during the production
of wine.
5. The Ministry of Industry and Trade shall specify the procedures and the
dossier of application for small-scale production of wine for selling to
enterprises licensed to produce wine for further processing.
6. Rights and obligations of the organizations and individuals engaged in
small-scale manual production of wine for selling to the enterprises licensed
to produce wine for further processing:
Apart from the rights and obligations prescribed by law, the organizations
and individuals engaged in small-scale production of wine for selling to
enterprise licensed to produced wine for further processing also have the
following rights and obligations:
a) Being exempted from announcing the goods quality, registering the goods
labels, and fixing stamps;
b) Only presenting the wine sale contract to competent agencies when being
inspected during the transport to the outlets.
c) Registering the small-scale production of wine with the local
authority, and requesting the local authority to certify the small-scale
production of wine for selling to the enterprises licensed to produce wine as
prescribed in Clause 1 and Clause 2 this Article;
d) The organizations and individuals engaged in small-scale production of
wine for selling to the enterprises licensed to produce wine for further
processing may only the wine they produce to the enterprises licensed to
produce wine. If the wine produced is not sold to the enterprises licensed to
produce wine, they must apply for the License for wine production as prescribed
in Article 11 of this Decree;
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Article 13. The food safety and quality
1. Wine is an article that must apply for a Declaration of Conformity.
2. The procedure for applying for the Declaration of Conformity is
specified in the Law of Food safety, the Government's Decree No. 38/2012/NĐ-CP
dated April 25th 2012, detailing the implementation of a number of
articles of the Law of Food safety and other relevant legal documents related.
Article 14. Wine labels
1. Only sell wine in Vietnam when they are labeled in accordance with law,
except for the case prescribed in Article 12 of this Decree.
2. The wine being sold in Vietnam must be labeled as prescribed by laws on
food labels.
3. The wine for export must be labeled in accordance with the requirements
given by the importing countries, as long as such requirements do not change
the nature of the goods, do not violate Vietnam’s law and those countries’ law.
Article 15. Wine stamps
1. The wine produced for sale at home and the imported wine for sale in
Vietnam must have stamps on their packages as prescribed by the Ministry of
Finance (except for the small-scale production of wine for selling to the
enterprises licensed to produce wine for further processing).
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3. The Ministry of Finance shall specify the stamp printing, stamp
issuance, and the management of the stamps of wine being sold at home and the
stamps of imported wine.
4. The stamps of wine produced or imported for sale at home are only
issued to the organizations and individuals that have the License for wine
production or wine distribution.
5. The wine produced for export, offering, or exhibition abroad shall have
the stamps required by the importing country.
Article 16. Responsibility to provide information
about wine
1. the wine producers and wine traders must provide the information about
their wine at the request of competent agencies.
2. The information about wine must specify the composition, content, and
harm of alcohol abuse.
3. The advertising of wine must be conformable with current regulations on
advertising.
Chapter 3.
TRADING WINE
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1. The requirements for issuing the License for wine trading include:
a) The enterprise is established in accordance with law, and has
registered the sale of alcoholic drinks or wine;
b) Having fixed business premises with clear addresses; satisfying the
requirements for technology and equipment as prescribed;
c) Having a system of wine distribution on at least 06 provinces (there
must be at least 03 wine wholesalers in each province);
d) Having the letter of introduction and sale contracts of the wine
producers or other wine distributors;
dd) Owning or co-owning warehouses according to joint-venture contracts or
contribution contracts; or having warehouse lease contracts that suit the
business scale of the enterprise (the minimum area is 300 m2, or the
minimum volume is 1,000 m3 ) and satisfy the requirements for
preserving the quality of wine while being stored therein.
e) Owning or co-owning means of transports according to joint-venture
contracts or contribution contracts; or having the contracts to hire such
vehicles that suit the business model of the enterprise (there must be at least
03 trucks having capacity of at least 500 kg), and satisfy the requirements for
preserving the wine quality during the transport;
g) Being financially capable of ensuring the normal operation of the
entire distribution system (having the Certificate of at least 01 billion VND);
h) Having a commitment made by the enterprise on the compliance with the
requirements for fire prevention and fighting, and environment protection as
prescribed by law;
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2. The requirements for issuing the License for wine wholesaling:
a) The enterprise is established in accordance with law, and has
registered the sale of alcoholic drinks or wine;
b) Having fixed business premises with clear addresses; satisfying the
requirements for technology and equipment as prescribed;
c) Having a system of wine wholesaling in the province where its premises
are situated (there must be at least 03 wine retailers);
d) Affiliated to the business system of a wine producers or wine
distributor; having the letter of introduction and contracts of the wine
producer or wine distributor;
dd) Owning or co-owning warehouses according to joint-venture contracts or
contribution contracts; or having warehouse lease contracts that suit the
business scale of the enterprise (the minimum area is 50 m2, or the
minimum volume is 150 m3 ) and satisfy the requirements for
preserving the quality of wine while being stored therein.
e) Owning or co-owning means of transports according to joint-venture
contracts or contribution contracts; or having the contracts to hire such
vehicles that suit the business model of the enterprise (there must be at least
01 trucks having capacity of at least 500 kg), and satisfy the requirements for
preserving the wine quality during the transport;
g) Being financially capable of ensuring the normal operation of the
entire distribution system (having the Certificate of at least 300 million
VND);
h) Having a commitment made by the enterprise on the compliance with the
requirements for fire prevention and fighting, and environment protection as
prescribed by law;
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3. The requirements for issuing the License for wine retailing:
a) The trader has registered the sale of alcoholic drinks or wine;
b) Having fixed business premises with clear addresses; satisfying the
requirements for technology and equipment as prescribed;
c) Affiliated to the distribution system of a wine wholesaler; having the
letter of introduction and contracts of the wine wholesaler;
d) Owning or co-owning warehouses according to joint-venture contracts or
contribution contracts; or having warehouse lease contracts that suit the
business scale of the enterprise and satisfy the requirements for preserving
the quality of wine while being stored therein.
dd) Having a commitment made by the trader on the compliance with the
requirements for fire prevention and fighting, and environment protection as
prescribed by law;
e) Congruent with the planning for the wine retail system announced by the
Service of Industry and Trade;
g) Conformable with Article 18 of this Decree.
Article 18. The License for wine trading
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a) The quantity of the Licenses for wine distribution is determined based
on the national population: 01 License for wine distribution for 400,000
people;
b) The quantity of the Licenses for wine wholesaling is determined based
on the provincial population: 01 License for wine wholesaling for 100,000
people;
c) The quantity of the Licenses for wine retailing at local wine stores
within a district or a town (hereinafter referred to as district): 01 License
for wine retailing for 1,000 people, suitable for the wine retail system.
2. Every year as from this Decree takes effect, depending on the
population change in each period, the agency competent to announce the quantity
of the License for wine trading (distribution, wholesaling, retailing) must
announce the quantity of unexpired licenses and the quantity of unissued
licenses (if any) according to the rules provided in Clause 1 this Article:
a) The Ministry of Industry and Trade shall announce the maximum quantity
of Licenses for wine distribution nationwide (the quantity of unexpired
licenses and unissued licenses) before December 31st every year;
b) The Service of Industry and Trade shall announce and send reports to
the Ministry of Industry and Trade on the maximum quantity of Licenses for wine
wholesaling available in the province, the maximum quantity of Licenses for
wine retailing in each district in the province (the quantity of unexpired
licenses and unissued licenses)
c) The Department of Industry and Trade or the Department of
Infrastructural Economics (hereinafter referred to as the Department of
Industry and Trade) of the district shall send reports to the Service of
Industry and Trade on the maximum quantity of Licenses for wine retailing in
the district (the quantity of unexpired licenses and unissued licenses (if any)
before December 31st every year.
3. The Licenses for wine distribution, wine wholesaling, and wine
retailing are issued in the following order: issue licenses to the wine traders
that apply for the reissuance of the license due to its expiry if all
requirements are satisfied and laws are complied with; consider to issue
licenses to new traders if all requirements are satisfied. The dossiers
submitted sooner shall be considered sooner, and the quantity of licenses being
issued must not exceed the quantity of licenses announced.
4. The authority to issue Licenses for wine trading
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b) The Services of Industry and Trade and Trade shall issue the Licenses
for wine wholesaling;
b) The Departments of Industry and Trade and Trade shall issue the
Licenses for wine retailing;
5. The procedure to issue the License for wine trading
a) Within 15 days as from receiving the complete and valid dossier, the
State management agency in charge of Industry and Trade shall consider and issue
the License for wine trading to the trader as guided by the Ministry of
Industry and Trade. The refusal must be explained in writing;
b) If the dossier is not complete or not valid, within 07 days after
receiving it, the State management agency in charge of Industry and Trade must
request the supplementation in writing.
6. The Licenses for wine distribution, wine wholesaling, and wine
retailing are valid for 05 years; 30 days before the License expires, if the
trader wishes to continue trading wine, he or she must send a written
application for another License to the licensing agency for consideration as
prescribed in this Decree.
7. The Ministry of Industry and Trade shall specify the dossier of
application for the new issuance, the reissuance, the amendment, and the
supplementation of the Licenses for wine distribution, wine wholesaling, and
wine retailing.
8. Each trader is only issued with one kind of Licenses for wine trading;
The traders being issued with the Licenses for wine trading must pay fees as
prescribed by the Ministry of Finance.
Article 19. Rights and obligations of wine traders
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2. Organizing the sale of wine on the market in accordance with the issued
License for wine trading.
3. Wine distributors, wine wholesalers may only sell wine to traders
having the Licenses for wine trading affiliated to their distribution system
within the licensed area.
4. Wine distributors may purchase wine from wine producers or other wine
distributors or wine importers that directly import wine from foreign traders
to sell to wine wholesalers or to sell retail at their affiliated stores within
the licensed area.
5. Wine wholesalers may purchase wine from wine producers or wine
distributors to sell to wine retailers or to sell retail at their affiliated
stores within the province.
6. Wine retailers may purchase wine from wine wholesalers to sell within
the licensed area.
7. Wine retailers must not sell wine to people under 18.
8. Wine traders must put up valid copies of the License for wine trading,
issued by competent agencies, the categories, and prices of the wine being sold
at their head offices, branches, representative offices, and business
locations.
9. Wine traders must make written agreements or sale contracts on wine trading.
10. Wine traders are responsible for making reports and register the
distribution system with functional agencies.
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Article 20. Importing wine
1. Imported wine comprise boxed finished wine for instant use, and
semi-finished wine for producing finished wine in Vietnam.
2. Imported wine must have legal import documents as prescribed by current
regulations, and be conformable with the regulations on putting stamps on
imported wine as prescribed in Article 15 of this Decree.
3. Imported wine must have be labeled as prescribed in Article 14 of this
Decree and relevant laws.
4. Only enterprises having Licenses for wine distribution may directly
import wine, and must be responsible for the safety and quality of the imported
wine. Enterprises importing semi-finished wine and additives for producing
finished wine may only sell it to enterprises licensed to produce wine.
5. Enterprises having License for mass production of wine may directly
import or authorize other enterprises to import semi-finished wine and
additives for producing finished wine.
6. Imported wine must register for the Declaration of Conformity at the
competent agency of Vietnam before the import, and each consignment must be
issued with the written certification of food eligible for being imported as
prescribed by law.
7. Wine is only imported to Vietnam through international border
checkpoints. Apart from the papers presented to the customs when following the
import procedure as prescribed, the importer must present the written
appointment or authorization as an official distributor or importer of the
producer or trader, or the agent contract of the producer or trader of those
articles.
Article 21. Prevention of smuggling and trade fraud
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2. Wine traders are responsible for cooperating with competent agencies in
the preventing wine smuggling, production of fake wine, and trade fraud.
Chapter 4.
VIOLATIONS AND HANDLING VIOLATIONS
Article 22. Violations of regulations on wine
production and wine trading
1. Producing and trading wine without the License issued by competent
State agencies.
2. Producing, trading, and consuming smuggled wine, fake wine, wine of
inferior quality as prescribed by law.
3. Producing wine exceeding the production stated in the License.
4. The machinery, equipment, technological lines for wine production are
of illegal origins
5. Circulating and trading wine without labels or packages as prescribed;
not registering for the Declaration of Conformity, not putting on stamps as
prescribed by law.
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7. Trading wine when the License for wine trading has expired.
8. Forging, falsifying, lending, renting, transferring, or trading the
License for wine production or wine trading.
9. Trading wine at prohibited locations as prescribed by law.
10. Trading without contracts or inconsistently with the commitment in the
contract.
11. Sell wine retail through vending machines.
12. Selling wine to people under 18, selling wine on the internet.
13. Wine producers and wine traders not making reports, or making reports
that are unconformable with the regulations of competent State agencies..
14. Advertising or doing sales promotion of wine against the law.
15. Sponsoring the cultural activities, artistic activities, sports,
entertainments, health care, and other social activities together with
advertising wine.
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17. Other acts of violations as prescribed buy law.
Article 23. Revoking the License for wine production
and the License for wine trading
The License for wine production or the License for wine trading shall be
revoked when violations of the requirements for wine production and wine
trading, and other violations prescribed by law, are committed.
Article 24. Handling violations
Organizations and individuals committing violations of laws on wine production
and wine trading, depending on the nature and seriousness of the violations,
shall be disciplined, incur administrative penalties, or face criminal
prosecution, and pay compensation for any damage as prescribed by law.
Chapter 5.
STATE MANAGEMENT RESPONSIBILITY
Article 25. Responsibility of the Ministry of
Industry and Trade
1. Requesting the Government and the Prime Minister to promulgate, or
promulgate, the legal documents on wine production and wine trading.
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3. Fulfilling the State management responsibility for the investment and development
of the wine industry as prescribed by law and this Decree.
4. Managing the food safety of wine in accordance with the Law of Food
safety.
5. Specify the authority to issue, the procedure for issuing, reissuing,
amending, supplementing, and revoking the License for mass production of wine,
the License for small-scale production of wine for sale, the Certificate of
small-scale production of wine for selling to premises licensed to produce wine
for further processing, the Licenses for wine distribution, the License for
wine wholesaling, and the License for wine retailing.
6. Inspecting the adherence to the Planning for wine production, the
product quality, food safety, and environment protection at the premises
producing and trading wine; settling the complaints, denunciations, and handle
the violations during the wine production and wine trading.
7. Leading and cooperating with relevant competent agencies in inspecting,
discovering, and handling other violations of wine production.
8. Leading or cooperating with competent agencies of the State in
confiscating and handling smuggled wine, fake wine, unsafe wine, wine of
inferior quality, expired wine, or wine bearing illegal labels, without labels,
or without stamps.
9. Leading and cooperating with other Ministries and sectors in making the
regulations on the management of the production and trading of medicinal wine.
10. Leading and cooperating in the inspection and dissemination of the
implementation of this Decree.
Article 26. Responsibility of the Ministry of Finance
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2. Leading and cooperating with the Ministry of Industry and Trade and
relevant Ministries in issuing regulations on fees and charges for issuing the
License for wine production and the License for wine trading.
Article 27. Responsibility of the Ministry of Health
1. Compiling and requesting the Government and the Prime Minister to
promulgate the legal documents on the food safety and the prevention of the
harm of alcohol abuse.
2. Inspecting the implementation of the regulations on food safety and the
prevention of the harm of alcohol abuse.
3. Cooperating with relevant agencies in discovering, inspecting, and
handling the premises that produce fake wine, smuggled wine, and unsafe wine.
Article 28. Responsibility of other Ministries,
ministerial-level agencies, and Governmental agencies
The Ministries, ministerial-level agencies, Governmental agencies, within
the ambit of their authority, according to the assignment of the Government,
shall cooperate with the Ministry of Industry and Trade in the State management
of the wine production and wine trading, in the propagation and dissemination
of the Decree on wine production and wine trading.
Article 29. responsibility of provincial People’s
Committees
1. Performing the State management of the wine industry locally. Being
responsible for managing and settling the issues intra vires.
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3. Directing Services of Industry and Trade to develop the planning for
the wine retail system within the province, according to the guidance of the
Ministry of Industry and Trade.
4. Directing the local wine producers to comply with the Planning approved
by competent authorities, following the target and the development orientation.
5. Inspecting the production, import, circulation, and sale of wine
locally.
6. Inspecting and supervising the implementation of the Planning, product
quality, food safety, tax liability, labor safety, environment protection at
the premises producing wine, and handling the violations committed locally as
prescribed by law.
7. Disseminating the wine production through the Master planning for the
development of the beer - wine – beverage industry, and this Decree.
8. Raising the awareness of the harm of alcohol abuse and the use of wine
with high toxin content; encouraging people to use safe wine and wine of high
quality.
9. Directing local authorities to investigate and handle the local alcohol
poisoning.
Chapter 6.
IMPLEMENTATION PROVISIONS
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1. The organizations and individuals having the unexpired Licenses for wine
production and Licenses for wine trading are exempted from applying for new
Licenses, and shall apply for the new licenses as prescribed by this Decree
when the old one expire.
2. The organizations and individuals not being issued with Licenses for wine
production and Licenses for wine trading must apply for the licenses as
prescribed by this Decree.
Article 31. Effects
1. This Decree takes effect on January 01st 2013.
2. 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.
3. The Government's Decree No. 40/2008/NĐ-CP dated April 07th
2008 on the wine production and wine trading is annulled.
Article 32. Implementation organization and
implementation responsibilities
1. The Ministry of Industry and Trade shall lead and cooperating with
relevant Ministries and sectors in guiding the implementation of this Decree.
2. The Ministers, Heads of ministerial-level agencies, Heads of
Governmental agencies, the Presidents of People’s Committees of
central-affiliated cities and provinces are responsible for the implementation
of this Decree./
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FOR THE GOVERNMENT
THE PRIME MINISTER
Nguyen Tan Dung