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THE GOVERNMENT.
Number: 94 /2012/NĐ-CP
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THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, November 12, 2012
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DECREE
In terms of production, wine business
Number one.
Government Law Base December 25, 2001;
The Commercial Law Base June 14, 2005;
Food Safety Law Base June 17, 2010;
At the suggestion of the Minister of Commerce,
The government issued a decree on production, drinking business.
COMMON RULES
Number one. Adjustment range
Yes. This plan provides for manufacturing, the business of alcohol and alcohol products including: Investment, manufacturing, export, import, purchase, and other activities related to manufacturing, alcohol products and food alcohol.
Wine and alcohol products (for the production of alcohol) in this Parliament are known collectively as alcohol.
Article 2. Subject applies
1. This decree applies to organizations, individuals engaged in manufacturing, alcohol business, and other activities related to manufacturing, drinking business in Vietnam.
2. Foreign traders, businesses with foreign investment in Vietnam are subject to the regulation of this decree and other legal documents related.
Third. Explain the word
In this decree, the words below are understood as follows:
1. "The wine product" is a food alcoholic beverage. The wine product is produced from fermentation (whether or not distilled) from the starch of the grains, the sugar service of the plants and the fruit or the preparation from the food alcohol (Ethanol).
2. "Food noise" is the organic compound with the molecular formula C. 2 Oh. 5 OH and the scientific name of the IUPAC international name is ethanol, which reaches the standard of food safety hygiene.
3. "manual alcohol production" is a wine-producing activity using traditional instruments such as pot (khpress; copper), alcohol-vapor pipes, small-scale refrigeration due to household or organization, individuals perform.
4. "Industrial alcohol production" is the production of alcohol on the machinery of machinery, industrial equipment.
5. "Alcohol" is a processed alcohol, soaked with raw materials derived from animals and/or plants and/or minerals to support healing, support the function of the human body and enhance the health.
6. "Product liquor" is wine which has not yet been completed, needing some production, e.g., filtering, mixing, bottled, labeled ... to become a complete alcohol product.
7. "The distribution of alcohol products" is an operation to purchase alcohol products directly from the organization, the individual who produces alcohol, merchants importing alcohol products directly from foreign traders to sell to merchants who sell alcohol products.
8. "The sale of liquor products" is an operation to purchase alcohol products from merchants who distribute alcohol products, organizations, individuals who produce alcohol, to sell to retail products of alcohol products.
9. The "Retail Product Retail" is an operation to buy alcohol from merchants selling liquor products to sell directly to consumers.
Article 4. The principle of production management, wine business
1. Alcohol in the state goods group restricting business. The organization, the manufacturing individual, the liquor product business (distribution, wholesale, retail) must have a license, except for the case of producing a handicrave for sale to businesses with a liquor-producing license to be processed.
2. All production activities, the alcohol business must comply with the regulation at this decree and other provisions of the relevant law.
3. The state unified the management of investment activity, manufacturing, export, import, business, labeling, advertising, quality, food safety, environment, room, anti-explosive fire in manufacturing, alcohol business and other activities related to the development of the country. Production, business.
4. Organization, individual manufacturing, alcohol business in addition to the implementation of the provisions of this decree must carry out other regulations in relation to: n .
Article 5. Wine Production Planning
1. The wine production planning is the industry planning that is in the General Plan for the Development of Beer-Alcohol Industry, which is set for the 10-year period and for the next 10 years.
2. The Ministry of Commerce presided over the organization, appraisal and approval of the overall planning of Beer-Alcohol Development, which has a production of alcohol production on the country.
3. Base Planning Base Development of Beer-Alcohol is approved by the Ministry of Commerce, the Provincial People ' s Committee, the city The Central Committee (later known as the province) organizes, appraisal and approx the overall planning of Beer-Alcohol Development on the site, including the wine production planning and the wine-producing village.
4. The setting, adjustment, modification, addition of the General Planning Development of Beer-Wine-Water Beverage Execution in accordance with the current regulation of planning management.
Article 6 recognizes the skilled producer of wine
The Provincial People ' s Committee decided to recognize the village of alcohol production by existing regulations on the recognition of the vocational village, ensuring the following conditions:
1. The wine-producing village is in the overall planning of Beer-Alcohol Development on the site.
2. The vocational village must build and apply the general production process for the skilled village brand alcohol.
3. Wine products ensure conditions of quality, food safety, commodity labels apply to every active member of the wine-producing activity in the area of the profession.
A response to the laws of environmental protection, prevention, prevention of fire, applies to all active members of the area.
5. The skilled wine-producing villages are responsible for the construction, conservation and development of the brand village brand.
WINE PRODUCTION
Article 7. Industrial wine production investment
1. The investment of alcohol production must be consistent with the overall planning for the development of the Beer-Alcohol Industry which has been approved.
2. The owner of the wine production project is responsible for the correct implementation of legislation on investment, construction, quality, food safety, environmental protection, fire prevention, and other regulatory regulations.
Article 8. Industrial Alcohol Production Licensing Conditions
The license to grant industrial alcohol production includes:
1. Enterprise has a business registration business.
2. Industrial alcohol production must be consistent with the General Planning of Development of Beer-Alcohol Approved.
3. With the machinery of machinery, equipment, the process of making alcohol production. The entire machinery for the production of alcohol must be of legal origin.
4. Make sure the conditions are in accordance with safety regulations, labor hygiene, room, anti-fire, and environmental protection.
5. Have the right to own or use the contract to label alcohol products in Vietnam.
6. There is a degree in engineering with a degree, expertise in accordance with the industry, the production of alcohol.
7. The person who is directly involved in producing alcohol must ensure the health, not the infectious disease.
Article 9. Industrial wine production license
1. The business has only been entitled to operate production, business since the day is granted a license.
2. Authority to grant industrial alcohol production:
a) The Ministry of Commerce is the basis for the licensing of alcohol production on alcohol production investment projects of 3 million liters per year or more.
b) The local Department of Commerce is the basis of alcohol production licenses for local alcohol production investment projects that have a scale of less than 03 million lít/year.
3. Ministry of Public Guidance Kits on the Certificate of Industrial Alcohol Production.
4. The procedure of granting an industrial wine production license
a) For a 20-day period since the date of the receiving of valid records, the Ministry of Commerce or the Department of Trade where the business is based on a review and licensing of the industrial alcohol production. The case of refusal to grant must be answered by writing and stating the reason;
b) The case is not valid enough, within 7 days from the date of the filing, the license level must have the additional required text.
5. Industrial alcohol production licenses have a 15-year term. Prior to the full effect of the 30-day license, the wine-producing business had to have a written offer of a license to send a licensed authority to review the licensing.
6. The Ministry of Commerce instructs the cases and sequences, procedures, resupply records, the revised level addition of the Industrial Wine Production License.
Article 10. The rights and obligations of the industrial wine production business
In addition to the rights and obligations under the rule of law, the industrial alcohol production business has the following rights and obligations:
1. Training staff on room safety, anti-fire, environmental protection, regulatory safety.
2. Compliance closely with the regulations of quality, food safety, commodity labels.
3. Make the responsibility to provide information about alcohol products in accordance with the guidelines of the competent authorities.
4. Make a 6-month periodic reporting regime, 01 years of business situation according to the Ministry of Commerce ' s guidelines.
5. Health test organization periodically for 12 months for workers. For workers directly producing alcohol, it has to be healthy and non-communicable according to the current regulation.
6. Being organized distribution, selling alcohol sales due to the production business, is only allowed to retail the retail product directly at the business ' s online store system in accordance with the regulation without offering a distribution of distribution business licenses, wholesale, retail, and retail. The wine product.
7. Distributed Alcohol Distribution (directly or through a member company, its affiliates) to sell to businesses with a distribution business license, selling liquor products.
8. Import of food alcohol, alcohol sales, and materials to make up a finished product or import for businesses with a license to produce other industrial alcohol.
9. Blisters and fees granting Ghami to produce industrial alcohol by the provisions of the Ministry of Finance.
Article 11. Manufacture of handicrave wine for business purposes
1. The licensing of the license to produce manual alcohol for business purposes:
a) There is business registration, winery production;
b) Ensure that conditions for environmental protection, quality, food safety, brand of alcohol products according to the regulation of the existing law.
2. Authoritfully jurisdiction: The Chamber of Economics or the Chamber of Commerce (later known collectively as the Chamber of Commerce) of the District People ' s Committee, the district where the organization, the individual places the basis of the production of the manual alcohol for business purposes, is the production licensing agency. It is a business player for business purposes.
3. The procedure, the procedure of issuing a manual alcohol production licence for business purposes
a) In the 15-day period since the date of the receiving of valid records, the Chamber of Commerce of the District People ' s Committee, the district where the organization, the individual places the basis of the consideration and licensing of the manual alcohol production for business under the Ministry of Public Works guidelines. Love. The case of refusal to license must respond in writing and specify the reason;
b) The case is not valid enough, within 7 days from the date of the filing, the license level must have the additional required text.
4. The manual wine production license aims at a time of 5 Five. Prior to the full effect of the 30-day permit, the organization, the individual manufacturer of the manual alcohol for business purposes must have a written offer of the license to submit a licensed organ to the authority to review the grant.
5. The Ministry of Public Guidance Ministry recommends granting a license to produce a manual alcohol production for business purposes; the order, procedures, resupply records, the revised level addition of the manual alcohol production license aims at the purpose of business.
6. The rights and obligations of the organization, the individual who produces manual alcohol for business purposes.
In addition to the rights and obligations under the provisions of the law, the organization, the individual who produces the manual alcohol has the following rights and obligations:
a) Be joined in the trade of the wine-producing village if the colony has a vocational village;
b) Organized Distribution, sold by the organization, the individual produces, is only allowed to retail the liquor product directly at the organization ' s subordinated store system, the individual in accordance with the stipulation without the offer of a distribution business license, sold and sold. And the merchants, and the merchants of wine;
c) Distributed Alcohol by the organization, the fish produced to sell to businesses with a distributed business license, selling alcohol products;
d) Organization, individual wine producing unimported wine products, alcohol sales, food alcohol and alcohol accessories to phase out finished wine;
Net fees and fees granting Ghami the manufacture of public wine for business purposes according to the Ministry of Finance regulations.
1. Organization, individuals who produce handicrave alcohol to sell to businesses with a Certificate of Alcohol Production to Manufacture Alcohol must register with local authorities at the place of production.
2. The Social People's Committee, the ward of the organization, personally places the production of the manual alcohol to sell to businesses with a liquor-producing license to make alcohol reprocessed as the basis for the organization, the individual to register for the production of alcohol.
3. After a 01-year period, since the date of this Decree, the organization, the individual who produces handicraps to sell to businesses with the Certificate of Alcohol Production to Manufacture Alcohol must re-register with the local government at the site of the production.
4. Organization, individuals who produce handicrave alcohol to sell to businesses with a Certificate of Alcohol Production to Manufacture Alcohol is responsible for implementing environmental protection regulations in the production of alcohol production.
5. The Ministry of Public Guidance, procedure, registration records produce manual alcohol to sell to businesses with a license to produce alcohol for reprocessing.
6. Rights and obligations to organization, individuals who produce handicrave alcohol to sell to businesses with a license to produce alcohol for reprocessing.
In addition to the rights and obligations under the rule of law, the organization, the individual who produces manual alcohol to sell to businesses with a Certificate of Alcohol Production for the processing of the following rights and obligations:
a) Not required to publish the quality of goods, register the label of goods and not to paste stamps;
b) During the transport to the organization where the organization is organized, the individual needs only the contract to purchase alcohol for the competent authorities in the case of examination;
c) Must register to produce manual alcohol production with local authorities and recommend local authorities to confirm the production of manual alcohol to sell to businesses with the prescribed alcohol production license at Clause 1, Clause 2 This Article;
d) Organizations, individuals who produce handicrave alcohol to sell to businesses with a liquor-producing license to be processed are only sold out of the sale of the wine that they produce for the business with a liquor-producing license. In the case of not selling to the business, the liquor Production License is required to obtain a prescribed alcohol production license at Article 11 of this decree;
It is responsible for implementing environmental protection regulations.
Article 13. Food and food safety
1. The product of alcohol is a product that is required to register a contract publication.
2. The procedure to register a contract publication under the provisions of the Food Safety Law, Digital Protocol 38 /2012/NĐ-CP April 25, 2012 of the Government rules the implementation of some of the provisions of the Food Safety Law and other existing law-related texts.
Article 14. Brand of wine products
1. Wine products are consumed only in Vietnam when there is a label on the provisions of the law, except for the specified case at Article 12 of this decree.
2. The consumption of alcohol consumption in Vietnam must carry out a law labeling according to the law of food goods labels.
3. For the production alcohol to export, the practice of labeling the goods at the request of the imported water at the condition that these requirements do not miserate the nature of the goods, not violation of the Vietnamese law and the law of the imported water.
Article 15. Food stamps.
1. Product of alcohol produced for domestic consumption and imported alcohol products for consumption in Vietnam must paste stamps on the packaging of products by the Ministry of Finance (except for the case of producing manual alcohol to sell to businesses that have a production license). You know, alcohol to make wine again.
2. From 1 January 2014 the production of alcohol produced for domestic consumption on the market must be pasted.
3. The Ministry of Finance regulates printing, issuing stamps and management using food stamps consumed in the country and food stamps imported.
4. Tem product production, imported to domestic consumption only granted to organizations, individuals with alcohol-producing licenses, Business License distribution of alcohol products.
5. The production of alcohol produced for export, saline, exhibitions abroad perform a stamp on the regulation of imported water.
Article 16. Responsibility for providing information about alcohol products
1. The organizations, individuals who produce, the alcohol business are responsible for providing information about their alcohol products at the request of the competent authorities.
2. The wine product information must specify the component, the content, the harm of alcohol abuse.
3. The advertising of alcohol products must follow the rules of the existing law on advertising.
WINE PRODUCTS BUSINESS
Article 17. Alcohol product business licensing terms
1. The business license granting business distribution of alcohol products includes:
a ) It is a business established by law and has a business in the business of selling alcoholic beverages or alcohol business;
b) There is a fixed business location, a clear address, which ensures technical requirements, prescribed equipment; and so on.
c) There is a distribution of alcohol products on the site of 06 or more (at the site of every province that has to be from 03 merchants selling wine products or more);
d) There is an introduction text, the organization ' s purchase contract, the individual who produces alcohol or of merchants who distribute other alcohol products;
There is a warehouse (or warehouse system) owned or co-owned under a joint venture, which links capital; or has a contract to lease the store in accordance with the business scale of the business (minimum total area must be from 300 m). 2 Or a thousand meters. 3 Forward) the requirement to preserve the quality of the wine product during the storage time;
e) There is a means of transport owned or co-owned under a joint venture, which links capital; or has a lease of transport in accordance with the business scale of the business (minimum must have 3 vehicles loaded from 500 kg or more); responding. request to preserve the quality of the alcohol product during the transport period;
g) There is a guaranteed financial capacity for the entire distribution system of the normal operating enterprise (with a bank confirmation of a minimum of 1 billion Vietnam);
h) There is a commitment to the business of ensuring compliance with full compliance requirements for fire prevention, firefighting, environmental protection in accordance with the rule of law;
i) In accordance with the provisions of Article 18 of this decree.
2. Charter of the wholesale business license sale includes:
a) A business established by law and has a trade in the business of alcoholic beverages or alcohol business;
b) There is a fixed business location, a clear address, which ensures technical requirements, prescribed equipment; and so on.
c) There is a wholesale system of liquor products in the province where the trader places the headquarters (minimum required from 03 retail sales of alcohol products or more);
d) Live in the business system of the organization, the individual producing alcohol or of the business distribution business; there is the contract and the introduction text of the organization, the individual producing alcohol or of the business that distributs alcohol products;
There is a warehouse (or a warehouse system) owned or co-owned under a joint venture, which links capital; or has a stock lease contract in accordance with the business scale of the business (minimum total area must be from 50 m). 2 Go back up or the volume must be 150 meters. 3 Forward) the requirement to preserve the quality of the wine product during the storage time;
e) There is a means of transport owned or co-owned under a joint venture, which links capital; or has a lease of transport in accordance with the business scale of the business (minimum must have 1 vehicles loaded from 500 kg or more); responding. request to preserve the quality of the alcohol product during the transport period;
g) There is a guaranteed financial capacity for the entire distribution system of the normal operating enterprise (with a minimum bank confirmation of 300 million Vietnamese dollars);
h) There is a commitment to the business of ensuring compliance with the full compliance requirements for fire prevention, environmental protection in accordance with the rule of law;
i) In accordance with the provisions of Article 18 of this decree.
3. The licensing of the Retail Products Retail Business License includes:
a) The merchant has a subscription to the retail business of alcoholic beverages or alcohol business;
b) There is a fixed business location, a clear address, which ensures technical requirements, prescribed equipment; and so on.
c) Online of the distribution system of merchants selling alcohol products; there is contract and the introduction of merchants of liquor products wholesale;
d) There is a warehouse (or a warehouse system) owned or co-owned under a joint venture, which links capital; or has a warehouse lease contract in accordance with the business scale of the business that meets the requirements for preserving the quality of the alcohol product. during the storage space;
There is a personal commitment to the guarantee of compliance with full compliance requirements for fire prevention, environmental protection under the rule of law;
e) In accordance with the retail business system planning of alcohol products published by the Department of Commerce;
g) in accordance with regulation at Article 18 of this decree.
Article 18. Wine Products Business License
1. The number of distributed business licenses, wholesalers, retail product products identified on the following principle:
a) The business license distribution of alcohol products is defined by the number of people across the country in principle no more than one (01) Business License distribution of alcohol products on four hundred thousand (400,000) population. ()
b) The wholesale business license is defined on the province of the province under the principle of no more than one (01) A business license that sells alcohol products on a hundred thousand (100,000) people;
c) The retail business license retail product at the retail store on the site of a district, district, town (later known as a district) is determined by principle not too one (01) a retail business license that sells alcohol products per thousand (1,000) people and fit. It ' s a business system that sells alcohol products.
2. Every year since this Decree is in effect, based on the annual population volatility situation, the competent agency announced the number of business licenses (distribution, wholesalers, retail sales) alcohol products must publish the number of licenses that are in effect. And the number of remaining licenses has not been granted (if any) and in the principle of regulation at Clause 1 Article:
a) The Ministry of Industry announced the number of business licenses to distribute maximum alcohol products across the country (the number of licenses is still in effect and the number of remaining licenses has not been granted (if present)) before December 31 each year;
b) The department of Commerce on the province of the province announced and sent a report on the Department of Commerce in the sale of the maximum liquor license sale on the province, the number of retail business licenses retaeking the maximum alcohol product per district in the province (number). the license amount is still in effect and the number of remaining permits is not granted (if any)) before December 31 each year;
c) The Chamber of Commerce or the Department of Economic Infrastructure (later known collectively as the Chamber of Commerce) on the district site announced and sent a report on the Department of Business Licensee Sales of the maximum alcohol product on the district table (the number of licenses is still available). effect and the number of remaining licenses has not been granted (if any)) before December 31 each year.
3. Business licenses distribution, wholesalers, and retail products are granted on the principle of order of preference: The licensing of the liquor product business to those business traders who obtain a permit issued due to the expiration if warrantiable conditions are guaranteed. There is no violation of the law; consider to continue the licensing of new traders, if the fulfiler is fully qualified, the patient's record of which the authority to receive the prior authority will be given a pre-trial. The number of licenses issued not exceeded the number of licenses has been published.
4. Authority to license a liquor product business
a) the Ministry of Commerce is the basis of a business license distribution business distribution;
b) The local Department of Commerce is the basis of a business license to sell alcohol products;
c) The Chamber of Commerce is the basis of the retail business license retail sales of alcohol products.
5. The procedure of issuing a liquor product business license
a) For a 15-day period since the receiving of the full and valid records, the state governing body of commerce is responsible for consideration, appraisal and licensing of the business of alcohol products to traders following the guidance of the Ministry of Commerce. The case of refusal to grant must be answered by writing and stating the reason;
b) The case case is missing or not valid, within 7 days of the date of the reception, the state regulator of commerce has a written claim to the trader.
6. Business licenses distribution, wholesalers, and retail products of wine products are worth a period of 5 years. Prior to the expiration of his 30-day capacity, the trader wanted to continue the wine-producing business that had to submit a proposed license to the authority to send the authority to grant licenses to review the provisions of this decree.
7. The Ministry of Public Guidance Kits suggest new, radical, radical, revised business licenses, wholesale and retail sales of alcohol products.
8. Each trader is granted only one type of liquor product business license. The trader is granted a liquor product business license which must pay and charge by the provisions of the Ministry of Finance.
Article 19. The rights and obligations of the wine product business
1. Buy a liquor product of legal origin.
2. Organization of circulation, consumption of alcohol products on the market according to the licensed liquor product business license.
3. The distribution trader, merchant wholesalers who sell alcohol products only sell liquor products to merchants who have a liquor-product business license in their distribution system within the licensed home range.
4. merchants distributing alcohol products purchased from the organization, individuals who produce alcohol or merchants distributing other alcohol products or traders who import alcohol products directly from foreign traders to sell to wholesale traders and merchants who sell alcohol to their products. product of alcohol or directly organizing retail product liquor at the trader's subordinated stores on the licensed site range.
5. merchants selling liquor products purchased from the organization, individuals who produce alcohol or of the business that distribute alcohol products to sell to retail products retail products or directly organizing retail liquor products at online stores in the United States and the United States. It belongs to the traders on the field of the province.
6. Retail sales merchants purchased a liquor product from merchants selling liquor products for sale at the licensed venue.
7. Retail product retail merchants do not sell alcohol products to people under the age of 18.
8. Wine product business traders must list a valid copy of Paper Paper The business of alcohol products has been granted jurisdiction and category rights, prices of commercial liquor products are in business at headquarters, branch offices, representative offices, business venues of merchants.
9. The liquor product business traders must have a written agreement or contract for the sale of alcohol products.
10. Alcohol products business traders must have a duty to report and register a distribution system with a competent authorities.
11. Report of a business situation according to the guidelines of the state governing body having the authority granted the Liquor Product business license to the trader in accordance with the provisions of the law.
Article 20. Import alcohol
1. The imported wine includes bottled wine, boxes, bins ... to consume right away and alcohol in the form of semi-finished products and materials used to phase out ingredients for products in Vietnam.
2. The imported alcohol must be valid from legal importation under the current regulation and implementation of the regulation of imported alcohol stamps by regulation at Article 15 of this decree.
3. The imported alcohol must record the prescribed goods at Article 14 of this decree and other provisions of the relevant law.
4. Only business with a Business License distribution of new alcohol products is imported directly to alcohol and must be responsible for the quality, food safety of imported alcohol. The sales of alcohol sales and materials used to make the preparation of finished wine are sold only to businesses with a liquor-producing license.
5. The business with the Industrial Wine Production License is allowed to import directly or commissioned alcohol imports of finished products and materials to make it into finished wine.
6. The imported alcohol must be registered to a valid publication at the jurisdiction of Vietnam prior to the import and must be granted "The results of the results of the validation of the food to be imported" for each shipment according to the current regulations.
7. Alcohol is only imported to Vietnam through international stores. In addition to the evidence from the appearance of the customs authority as the prescribed import procedure, the import trader must appear to add the specified Paper or the mandate is to distribute, the manufacturer of the production itself, the business or its agent contract. Manufacturing, business.
Article 21. Room, anti-smuggling, trade fraud
1. Wine, alcohol does not guarantee quality, food safety according to regulations are confiscated for destruction. Contraband alcohol is confiscated and processed under the provisions of the other law that is relevant.
2. The organization, the individual who operates a liquor product business, is obligated to engage in coordination with the competent authorities in the defense, anti-smuggling of alcohol products, manufacturing, and commercial and commercial fraud products.
BREACH AND BREACH PROCESSING
Article 22. Violations of the regulation of the law of production, alcohol business
1. Production, alcohol business does not have a license issued by the state authority.
2. Production, purchase, consumption of smuggled alcohol products, counterfeit alcohol, label-branded alcohol, style, does not guarantee standard, quality according to the laws of law.
3. The production of alcohol is above the capacity to produce regulations in the license.
4. The machinery of machinery, equipment, the process of making alcohol production is not of legal origin.
5. Traffic, which consumes alcohol products that do not record packaging or incorrect labeling, does not register a contract publication, do not paste stamps in accordance with the rule of law.
6. The non-true alcohol product business, venue, record in the liquor-product business license issued.
7. The liquor product business when the liquor-product business license is out of force.
8. Fake, deterrent, repair, lease, loan, transfer, purchase of the production license, liquor business.
9. Business of alcohol products at locations prohibiking business under the rule of law.
10. The business does not have a contract or does not make the right commitment written in the contract.
11. Retail products retaeking with automatic vendeup.
12. Sell alcohol products to people under the age of 18, sell through the internet.
13. Organization, individual manufacturing, non-reported alcohol business or non-correct reporting by the state agency has jurisdiction.
14. Advertising, the commercial product of the rule of law.
15. Fund for cultural, artistic, sports, recreational activities, health care, and other social activities are associated with the promotion of alcohol products.
16. Use wine products as an award for competitions, except for the wine products competition.
17. Other violations by the rule of law.
Article 23. Revoking the liquor production license, the Wine Products Business License
The organization, personally, will be entitled to obtain the authority to revoking the liquor production license, the liquor product business license in the event of a violation of the production, alcohol business and other violations by law.
Article 24. Breach of breach
The organization, the individual whose behavior violates the laws of the law of production, the alcohol business, according to the nature and extent of the breach that is subject to disciplinary action, administrative sanctions, or the search for criminal responsibility, the case of damage to compensation in accordance with the rules. The law.
STATE MANAGEMENT RESPONSIBILITY
Article 25. The responsibility of the Ministry of Commerce
1. Government, Prime Minister of the Government issued or issued under the jurisdiction of the statutes of the law of production, alcohol business.
2. Host, in collaboration with ministries, sectors, local control, production management, alcohol business through the overall planning of Beer-Alcohol Development.
3. Practice of the responsibility of state management to the wine industry in the investment of construction under the provisions of the law and of this decree.
4. Food safety management for alcohol in accordance with the provisions of the Food Safety Law.
5. Regulation of jurisdiction, sequence, executive procedure, reorder, modification, addition, revoking the Industrial Wine Production License, manual alcohol production licenses for business purposes, the Certificate of Registration Registration for sale to the facility with a licensed license. Wine production to be processed, Business License distribution of alcohol products, Business licenses selling liquor products, liquor sales business licenses.
6. Ombudging, inspection, manufacturing facilities, alcohol business on the acceptance of alcohol production planning, product quality, food safety and environmental protection; addressing complaints, denouncing and handling violations of the violations in manufacturing operations, including the United States and the United States. The wine business.
7. Host, in coordination with the relevant authorities involved in the examination, detection and disposal of other alcohol business violations.
8. Host or coordinate with the competent authorities of the State of the Organization. Confiscated, processed for smuggled alcohol, counterfeit alcohol, alcohol not guaranteed quality, food safety, expiration of shelf life, or alcohol products bearing illegal merchandise labels, no packaging labels, no prescribed stamps.
9. Host, in collaboration with ministries, construction industry, issuing regulations on manufacturing management and drug business.
10. Host, coordinate the inspection inspection, organize propaganda, dissemine the implementation of this Protocol.
Article 26. The responsibility of the Ministry of Finance
1. Host, coordinate the ministries, the relevant sector regulating the printing, issuing stamp stamp and stamp use of stamps on the production of alcohol produced for domestic consumption and alcohol imports.
2. Host, in collaboration with the Ministry of Commerce and ministries, the relevant sector provides for the collection and fees of the licensing of alcohol production and alcohol business licenses.
Article 27. The Ministry of Health.
1. Draft Government, the Prime Minister issued legislation on food safety, room, anti-abuse of alcohol abuse.
2. Check out, monitor the implementation of food safety regulations, room, antiharm of alcohol abuse.
3. Coordinating with the relevant agencies in the detection, examination of the basis of fake alcohol production, alcohol, alcohol does not guarantee food safety.
Article 28. The responsibility of the ministries, the peer agency, the government agency
Ministries, peer agencies, government agencies within its jurisdiction and in accordance with the Government ' s assignment are responsible in coordination with the Ministry of Industry to implement state management of the production and business operations of alcohol, propaganda, universal and international law. We ' re going to go to the production of the manufacturing Protocol, the liquor business.
Article 29. The responsibility of the People ' s Committee of the provinces, the Central City
1. Perform the state management function for the alcohol sector on the local local table. Responsible for managing and addressing matters of local jurisdiction.
2. Set, appraisal and approval of the General Planning Development of Beer-Alcohol Beverage on the site, including alcohol production planning, alcohol production village; appraisal, decision-making, decision-making village of alcohol production .
3. Command of the Department of Commerce Building the retail business system retail business system in the province following the guidance of the Ministry of Commerce.
4. The direction of the local wine production facility to follow the plan has been granted the authority to approve, ensuring the correct goal and direction of development have proposed.
5. Check out the production, import, circulation, consumption of alcohol on the site.
6. Monitoring, examination of the implementation of the Planning, product quality, food safety, tax obligations to the state, safety of labor, environment in the businesses that produce alcohol and the handling of violations by law on the site.
7. Organization for implementation and propagation, educating people in the implementation of alcohol production through the General Planning Development of Beer-Alcohol and Regulation of this Decree.
8. Propaganda, education for people to raise awareness of the risk, the harm of alcohol abuse and alcohol use with the content of high-toxin components, gradually supplant by high quality alcohol, reaching quality, food safety in accordance with the rule of law. Oh,
9. The local government direction the granting of the causes of the cause when the alcohol poisoning occurs on the site, there are measures to be handled according to the authority.
EXECUTION CLAUSE
Article 30. Transfer clause
1. The organization, the individual who has been granted Ghami to produce alcohol, the liquor-product business license that is still on the deadline then does not have to apply for a license again. The expiration of the term in the license is required to apply for a license under the provisions of this decree.
2. For the organization, the individual has not been granted a licence to produce alcohol, the liquor product business license must serve as a licensing procedure under the regulations at this Decree.
Article 31. Performance Performance
1. This decree has been in effect since 1 January 2013.
2. During the time of six (06) months from the date of this Decree to the effect of competent authorities under the provisions of Clause 2 Article 18 of the publication of the number of liquor license business licenses.
3. Repeal Decree 40 /2008/NĐ-CP April 7, 2008, of the Government of Manufacturing, Business.
Article 32. Organization implementing and accountability
1. The Ministry of Commerce presided over, in coordination with the ministries, the relevant sector conducting this decree.
2. The ministers, the chief of the government, the Head of the Government, the Chairman of the Government, the Chairman of the Provincial People's Committee, the Central City of the Central Committee, is responsible for the implementation of this decree.
TM. THE GOVERNMENT. |
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Prime Minister |
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(signed) |
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Dao Dung |
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