Circular 60/2014/tt-Bct: Detailing A Number Of Articles Of Decree No. 94/2012/nd-Cp On November 12, 2012 Of The Government On Production, Wine Business

Original Language Title: Thông tư 60/2014/TT-BCT: Quy định chi tiết một số điều của Nghị định số 94/2012/NĐ-CP ngày 12 tháng 11 năm 2012 của Chính phủ về sản xuất, kinh doanh rượu

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MINISTRY OF COMMERCE
Number: 60 /2014/TT-BCT
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, December 27, 2014

IT ' S SMART

Regulation of some of the provisions of the Digital Protocol 94 /2012/NĐ-CP December 12

November 2012 by the Government of Manufacturing, Wine Business

________________________

Base of Protocol 95 /2012/NĐ-CP November 12, 2012 the Government regulates the functions, duties, powers, and organizational structure of the Ministry of Commerce;

Base of Protocol 94 /2012/NĐ-CP November 12, 2012 of the Government on Manufacturing, Business of Alcohol;

At the suggestion of the Chief of the Light Industry,

The Minister of Public Works Department of Commerce rules details some of the provisions of the Digital Protocol 94 /2012/NĐ-CP November 12, 2012 of the Government on Manufacturing, Business.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

1. This information regulates the acute, radical, radical, modification, supplements, recovery of the Industrial Wine Production License, the Certificate of Public Wine Production for business purposes, the registration of the manual alcohol production registration for sale to the business is available. Wine-producing licenses for reprocessing, Business License distribution of alcohol products, Business License-wholesale business licenses, Retail Products Retail Sales in accordance with regulation at Decree No. 94 /2012/NĐ-CP November 12, 2012 of the Government on Manufacturing, Business.

2. This information does not apply to the local consumer liquor sales operation (home consumer beverage retail service).

What? 2. Subject applies

This information applies to organizations, domestic and foreign individuals taking part in manufacturing operations, alcohol business, and other activities related to manufacturing, drinking business in Vietnam.

What? 3. Explain words

1. The specified "copy" in this message is expressed in one of the forms consistent with each of the following ways:

a) Copy that there is a prescribed certificate (for the case of filing through postal/administrative work);

b) The version with the main version for the reference (for the case of direct filing);

c) The scan from the original (if the administrative procedure is applied to file via an electronic network).

2. The license issued in the licensing case includes: reissued due to failure, fire, loss; reissued after expiration of the revoked deadline, reissued due to the expiration of the license deadline.

What? 4. Wine Rules

The wine product must respond to the current Vietnam standard (QCVN 6-3: 2010 /BYT issued by Digital) 45 /2010/TT-BYT December 22, 2010 of the Ministry of Health and the revised regulation, supplement or replacement).

Chapter II

WINE PRODUCTION

What? 5. The filing recommended that the license to produce industrial wine

The business offered to grant a license to produce a 2-2 (2) industrial wine production order (two) of the proposed state liquor production license, 01 (one) of a licensed organ deposit, 01 (a) department at the business. The profile of the proposed industrial alcohol production license includes:

1. The application to grant the license to produce an industrial alcohol (as a form at Appendix 1).

2. The copy of the Certificate of Investment or Certificate of Business Registration or Business Registration Certificate and Certificate of Tax Code.

3. The copy of the Certificate of Public Publication, the Certificate of Adequate Food Safety.

4. The list of alcohol products with a copy of the brand of wine products that the business expects to produce.

5. The decision to approve the environmental impact assessment report or the confirmation paper register the environmental protection committed by the competent authority.

What? 6. Production of manual alcohol for business purposes

1. Organization, the individual who produces manual alcohol is a member of the skilled wine producing village who does not have to apply for a licence to produce manual alcohol for business purposes. The organization, the individual village representative must obtain a licence to produce manual alcohol for the profession and is responsible for the conditions of the production of alcohol applied to the members of the profession.

2. Organization, individuals recommend issuing manual alcohol production licenses for business purposes 2 (two) sets of records recommended for business purposes, 01 (a) organ deposit, 1 (a) department store at headquarters The organization, the individual is asking for a permit. The filing of a license to grant a license to the production of the public wine for business purposes:

a) The application for the licensing of the manual alcohol production license aims to follow the sample business in Appendix 10 with this Information;

b) A copy of the Business Registration Certificate or Business Registration Certificate and Certificate of Tax Code;

c) The copy of the Certificate of Valid Publication, the Certificate of the Adequate Basis For Food Safety;

d) The listing of the name of alcohol products accompanied by the copy of the brand of wine products that organizes, the individual is expected to produce.

What? 7. Production of handicrave alcohol to sell to businesses with a liquor production license to make alcohol reprocessing

1. Organization, individuals recommend registering manual alcohol production to sell to businesses with a liquor-producing license to make up to 2 (two) Case sets, 01 (one) the department of the People ' s Committee, the ward of the organization, the individual who sets the production of the manual alcohol to sell to businesses with a liquor-producing license to make alcohol, 01 (a) department at the organization's headquarters, the registered individual produces manual alcohol production.

The profile offers to register manual alcohol production to sell to businesses with a liquor production license to reprocessing:

a) The registration paper produces manual alcohol for sale to businesses with a liquor Production License for processing in the sample at Annex 16;

b) The copy of the purchase contract between the organization, the individual offering to register for the production of handicrave alcohol and the business has a liquor production license to make alcohol reprocessing.

2. The procedure, the Certificate of License Certificate of registering manual alcohol production to sell to businesses with a liquor Production License for processing again.

a) For a seven-day period of work since the date of receiving valid records, the Social People ' s Committee, the ward of the organization, the individual places the basis of the review production and issued a Certificate of Registered Liquor Production Registration for sale to businesses with the Certificate of Alcohol Production. reprocessing or answering by writing and stating the reason if the case refuses to grant it;

b) The case case is not valid, within 3 days of work since the date of the filing, the certificate level agency must have the additional required text.

3. The registration certificate produces manual alcohol production for sale to businesses with a liquor production license to be processed for a period of 5 years.

What? 8. Set up and save the liquor production license, the Certificate of registering manual alcohol production to sell to businesses with the Certificate of Alcohol Production to Manufacture Alcohol.

1. The industrial alcohol production license is made into 4 (four) copies: 02 (two) maps at the licensing agency, 01 (a) the business deposit is issued a license, 01 (one) to the Ministry of Commerce (for license issued by the Department of Commerce in Appendix 7). accompanied by this message or the local Department of Commerce (for license issued by the Ministry of Commerce in Appendix 4).

2. The manual wine production license aims to be made in 4 (four) copies: 2 (two) of the archived record at the licensing body, 01 (one) the basis of the licensed premises issued, 01 (one) the deposit of the Department of Commerce on the management of the site. A sample license at Annex 13 is accompanied by this message.

3. Certificate of registering manual alcohol production for sale to businesses with a liquor Production License to be processed is made to 4 (four) copies: 02 (two) maps at the licensing agency, 01 (a) the basis for the basis of validation issued, 01 (one) the deposit. The Chamber of Commerce is on the management of the building. The certificate is in Appendix 19 with this message.

What? 9. Wine production

The organization, the individual alcohol producer, is not produced beyond production and the strain of alcohol products has been licensed by the authorities.

Chapter III

THE WINE BUSINESS

What? 10. Profile of a business license distribution business distribution

The business recommended issuing a 502 (two) alcohol product distribution business license, 01 (one) a licensed organ-based organ, 01 sets in the business. The filing of a liquor license distribution business distribution includes:

1. The application to grant a Business License distribution of alcohol products in Appendix 27 included this.

2. The copy of the Certificate of Investment or Certificate of Business Registration or Business Registration Certificate and Certificate of Tax Code.

3. The commitment to the self-established business, which states that the merchant content ensures compliance with the full compliance requirements for fire prevention, environmental protection by law at its business and warehouse stores.

4. Report the business results of the business, including the content:

a) The results of Business Activity 03 years earlier, accompanied by a list of lists and copies of a valid copy of the purchase contracts with each organization, individual producing alcohol or businesses distributing other alcohol products, the taxes submitted;

b) The form of sales organization, the management system management method.

5. The list of merchants lists, copies of the Certificate of Investment Certificate or Corporate Registration Certificate or Business Registration Certificate and Tax Code Certificate, Wine Products Business License (if done business) of businesses. has been or will be part of the distribution system of alcohol products from the 06-to-a-half prefectures (at the site of every province that has to be from the 03 businesses that sell alcohol products back).

6. The copy of the introduction or purchase contract of the organization, the individual who produces alcohol or of other liquor product distribution businesses (which notes the venue, the business of a business expected business).

7. The copy of the Certificate of Reasonable Publication or the Certificate of Standard Certificate of Business of Business expected business.

8. Records of transport vehicles, including: paper copies demonstrate the use of transport (which is owned or co-owned under a joint venture contract, which links capital; or has a lease of a transport vehicle in accordance with the business scale). of the business with a minimum lease period of 01 years); the minimum must have the right to use 3 vehicles loaded from 500 kg or more; the requirement for preserving the quality of the alcohol product during the transport period.

9. Financial capacity profile: has the financial capacity secured for the entire distribution system of the normal operating enterprise (with a bank's confirmation certificate having a minimum account balance of 1 billion dollars).

10. The Record copy paid the fee and the fee under the provisions of the Ministry of Finance.

What? 11. The record offers a business license sale of alcohol products

The business offered to grant a $2 (two) alcohol product sale business license, 01 (one) a licensed organ deposit, 01 (one) of the business. The profile of the licensing of the sale of the liquor product wholesale business is:

1. The application to grant a Business License sale in Appendix 29 included this.

2. The copy of the Certificate of Investment or Certificate of Business Registration or Business Registration Certificate and Certificate of Tax Code.

3. The commitment to the self-established business, which states that the merchant content ensures compliance with the full compliance requirements for fire prevention, environmental protection by law at its business and warehouse stores.

4. Business results report:

a) Report the results of Business Activity 03 years earlier, accompanied by a list of lists and copies of a valid copy of the purchase contracts with each organization, the individual producing alcohol or businesses distributing alcohol products, the taxes have filed;

b) The form of sales organization, the management of the wholesale system.

5. The list of merchants lists, copies of the Certificate of Investment Certificate or Corporate Registration Certificate or Business Registration Certificate and Tax Code Certificate, Wine Products Business License (if done business) of businesses. It ' s already in the wine-selling system, and there ' s a minimum of three retail sales of wine products.

6. The copy of the introduction or purchase contract of the organization, the individual who produces alcohol or of the businesses that distribute the wine product (which notes the venue, the business of the business expected business).

7. The copy of the Certificate of Reasonable Publication or the Certificate of Standard Certificate of Business of Business expected business.

8. Profile on transport includes: paper copies demonstrate the use of transport (which is owned or co-owned under a joint venture contract, which links capital; or has a lease of a transport vehicle in accordance with the business scale). of the business with a minimum lease period of 01 years); the minimum must have the right to use 1 vehicles with a payload of 500 kg or more; the requirement for preserving the quality of the alcohol product during the transport period.

9. Financial competability records: financial capacity guarantees that the entire wholesale system of the business is normally functioning (there is a bank's confirmation paper with a minimum account balance of 300 million dollars).

10. The Record copy paid the fee and the fee under the provisions of the Ministry of Finance.

What? 12. File recommended retail business license retail sales of alcohol products

The retail product retail trader recommends granting the Retail Product Retail Business 02 (two) case sets, 01 (a) organ deposit with licensing authority, 01 (a) department at the business, for business. 01 (a) The retail sales business license applies only to 01 (one) business store.

The profile offers to grant the Retail Product Retail Business License as follows:

1. The application to grant a retail license to the retail product in Appendix 31 included this.

2. The copy of the Certificate of Investment or Certificate of Business Registration or Business Registration Certificate and Certificate of Tax Code.

3. The commitment to the self-established trader, which states that the merchant content ensures compliance with the full compliance requirements for fire prevention, environmental protection by law at its business and warehouse stores.

4. The copy of the introduced text or purchase contract of the wholesale business of wine products (which notes the type of business intended for business).

5. The copy of the Certificate of Reasonable Publication or the Certificate of Standard Certificate of Wine Products of the trader expected business.

6. The Record copy paid the fee and the fee under the provisions of the Ministry of Finance.

What? 13. Set and save the Wine Products Business License

1. For the Business License to distribute alcohol products:

a) The business license distributs a sample alcohol product in Appendix 28 accompanied by this Information.

b) The business license distribution of alcohol products is made into multiple copies: 02 (two) of the storage at the licensing body; 01 (a) the business deposit is licensed; 01 (one) to the Office of Market Management; send each Department of Commerce named in the license (local) a business table) and where the business is based on 1 (one) headquarters; sending each organization, the individual producing alcohol or other business distribution businesses is named in the license (selling products to the business) 01 (one).

2. For the wholesale business license:

a) The business license sells a sample of the sample alcohol in Appendix 30.

b) The wholesale business license is made into multiple copies: 02 (two) of the storage at the licensing body; 01 (a) the business deposit is issued License; 01 (a) sent the Ministry of Commerce; 01 (one) to the Market Management Department; sent each organization In fact, individuals who produce alcohol or businesses distribute alcohol products named in the license (sold products to the business) 01 (one).

3. For the Retail Products Retail Business License:

a) The retail business license retail product in Appendix 32 is accompanied by this.

b) The retail-product retail business license is made into multiple copies: 02 (two) of the storage at the licensing body; 01 (one) a licensed merchant license; 01 (a) sent the Department of Commerce; 01 (one) to the Market Management Bureau; send each organization, Individual alcohol or other alcohol product sales are named in the license (sold products to traders) 01 (a).

Chapter IV

LEVEL OF AMENDMENT, ADDITION, LICENSING OF ALCOHOL PRODUCTION LICENSES,

MANUAL WINE PRODUCTION LICENSES FOR PURPOSES

BUSINESS, PAPER-PRODUCING PAPER

MANUAL FOR SALE TO AVAILABLE BUSINESSES

THE LICENSE TO PRODUCE ALCOHOL FOR REPROCESSING,

WINE PRODUCTS BUSINESS LICENSE

What? 14. The amendment level, the addition of the Industrial Wine Production License, the manual alcohol production license for business purposes, the Certificate of Registration Of Manual Alcohol Production for sale to businesses with a liquor Production License for reprocessing, Business License. distribution, wholesale, retail product sales.

1. The case with changes to the contents of the Industrial Wine Production License, the manual alcohol production license aims to business purposes, the Certificate of registering manual alcohol production to sell to businesses with the Certificate of Alcohol Production to Processed Alcohol. Again, the distribution business license, wholesalers, retail product retail; the organization, the individual must set 2 (two) the case file, 01 (one) the filing of the competent state governing body, traders Liu 01 (a) file suite.

2. The profile is:

a) The application of the revised, additional (in the form at Annex 3, 11, 17, 33, accompanied by this message);

b) The copy of the Industrial Wine Production License, the Manual Alcohol Production License for business purposes, the Certificate of Registration Of Manual Alcohol Production for sale to businesses with the Liquor Production License for Processed Processing, Business License. mixing, wholesale, retail product retail has been granted;

c) The documents demonstrate the need for modification, supplements.

3. Presentation, additional licensing procedure, revision of license

a) In the 10-day period of work since the date of receiving enough valid records, the state agency has the authority to review and grant the amendment, the addition of the Industrial Wine Production License, the Certificate of Public Wine Production for business purposes, the Certificate of Product Registration. Handmade wine to sell to businesses with a license to produce alcohol for reprocessing, Business License distribution, wholesalers, wholesalers, alcohol products (in Annex 6, 9, 15, 21, 35, 36, and 37). The case refused to grant the addition, the amendment must respond in writing and specify the reason;

b) The case is not valid enough, within 3 days of work since the date of reception of the case, the additional authority, the revision of the license, the confirmation document with the additional required text.

What? 15. Level the Industrial Alcohol Production License, the manual alcohol production license aims to business, the Certificate of Registration Of Manual Alcohol Production for sale to businesses with a liquor Production License for reprocessing, Business Paring Business License. dealer, wholesalers, liquor products

1. The case is re-issued due to the expiration of the deadline

The organization, the individual must submit a license to grant a license to the license (including the Industrial Wine Production License, the manual alcohol production license for business purposes, the distribution business license, wholesalers, liquor product retail) or the Registration Certificate. producing handicrave alcohol to sell to businesses with a liquor production licence to be processed before the expired expiration of the 30-day permit. The profile, jurisdiction, sequence, procedure for regulation at this paragraph applies as regulation to the new case.

2. The case of resupply is due to be lost, completely destroyed or partially, torn, broken or burned:

a) Organization, the licensed individual who must set 2 (two) of the proposed record order, 01 (one) the deposit of the state governing body with jurisdiction, 01 (one) of the merchant ministry. The record offers to re-issue due to loss, complete or partial destruction, torn, broken or burned to include:

-The proposed repetition (in Appendix 2, 12, 18, 34);

-The original or copy of the Industrial Wine Production License, the manual alcohol production license for business purposes, the Certificate of Registration of the Handicrave production for sale to businesses with a liquor Production License for reprocessing, Business License. distribution, wholesale, retail product retail has been granted (if any).

b) Licensee of the license (or certificate of registration of the manual alcohol production to sell to businesses with the license to produce alcohol for reprocessing) base to the filed records and records of the business ' s reissue to grant.

c) The duration of the license will remain the same as the old license (for the case of resupply due to failure, loss).

3. Presentation, license reissued license, validation paper

a) In the 10-day period since the date of receiving enough valid dosages, the state agency has the authority to review and grant the Industrial Wine Production License, the manual alcohol production license aims to business, the Certificate of registering the manual alcohol production for sale. sell to businesses with a license to produce alcohol for reprocessing, Business License distribution, wholesalers, merchandising of alcohol products (in Appendix 5, 8, 14, 20, 38, 39, 40). The case of refusal to grant must be answered by writing and stating the reason;

b) The case has not yet been valid enough, within 3 days of work since the date of the filing, the database reissued the license, the confirmation paper has an additional required text.

Chapter V.

REPORT MODE

What? 16. Report Mode

1. Prior to January 31 annually, the organization, individual manufacturing, alcohol business must submit a statistical report of production, strain of production alcohol products, business (according to the distribution system, wholesale system) the previous year of its unit on the authority of the competent authority. License-based license at Appendix 22, 41, 42, 50, with this message; the People's Committee, the ward of the Commerce Department reports on a list of handicrave production facilities for sale to businesses with a license to produce alcohol on the site. at Annex 23 with this message.

2. Prior to February 28 each year, the Chamber of Commerce was responsible for reporting the investment, manufacturing, business, licensing, licensing of the manual alcohol production for business purposes, the list of handicrave production facilities to sell to other companies. The business has a liquor Production License to be processed on the site for the Department of Commerce directly under the sample at Annex 24a, 24b accompanied by this message.

3. Prior to March 31 each year, the Department of Commerce was responsible for reporting the investment, production, licensing of the industrial wine production, the production of the manual alcohol, the business of alcohol products (retail and wholesale) the previous year on the site. for the Ministry of Commerce in the Annex 25a, 25b, 43, 44 with this message.

4. Prior to July 15 and January 15, annual business delivery business distribution business is responsible for a six-month business, and one year in Annex 49.

5. Prior to July 15 and January 15, annual business sales business sells the business of six months and one year in Annex 48 attached to this.

6. Prior to July 15 and January 15, annual business retail business traders report a six-month business, and a year in Annex 47.

Chapter VI

EXECUTION CLAUSE

What? 17. Organization to execute

1. The light industry case, the domestic market case according to its mission function presiding, in coordination with the units of the Department for the following tasks:

a) The organization receives records, checks, oversight, appraisal, leadership of the Ministry of Appropriation of the investment of alcohol production, licensing of production licenses, Business License distribution of alcohol products;

b) The organization of guidelines, organizational checks, individuals making regulation at this Smart, and related law-related legislation, alcohol business.

2. The local Department of Public Trade announced the retail business system planning of alcohol products on the site; the organization takes on records, checks, oversight, appraisal, licensing of the wholesale business license, liquor production license in accordance with the guidelines. This is private.

3. The organizational district Chamber of Commerce goes on to receive records, tests, appraisers, licensing of the manual alcohol production for business purposes, the Retail Product Retail Business License.

4. The Social People ' s Committee, the organizer of the organization, receives the Liquor Manual Registration Paper for sale to businesses with a liquor Production License for reprocessing.

5. Enterprise and other organizations, other individuals with regard to manufacturing activities, the alcohol business is responsible for the correct implementation of this Information.

What? 18. Effect of execution

1. This message has been in effect since March 1, 2015.

2. Repeal Digital 39 /2012/TT-BCT December 20, 2012 of the Ministry of Commerce regulations details some of the provisions of the Digital Protocol. 94 /2012/NĐ-CP November 12, 2012 of the Government on Manufacturing, Business.

3. Production licenses, wine products business have been issued, are in effect permitted to use until the end of the license deadline.

4. The revised merchant, the addition of the Production License, the alcohol product business is applied in accordance with the regulation at this Smart.

5. recall the license in the following circumstances:

a) The merchant has been granted a production license, the alcohol product business prior to the date of this date is valid but does not operate for a continuous 12-month period;

b) Since this Private Day is in effect, traders have been issued a license to produce, the wine product business but do not operate for a period of 12 consecutive months.

KT. MINISTER.
Captain.

(signed)

Needle Cross