Thông tư 60/2014/TT-BCT

CIRCULAR

DETAILING A NUMBER OF ARTICLES OF THE GOVERNMENT'S DECREE NO. 94/2012/NĐ-CP DATED NOVEMBER 12, 2012 ON WINE PRODUCTION AND WINE TRADING

Pursuant to the Government's Decree No. 95/2012 / ND-CP dated November 12, 2012 defining the functions, tasks, entitlements and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Government's Decree No. 94/2012 / ND-CP dated November 12, 2012 on wine production and wine trading

At the request of the Director of the Department of Light Industry,

The Minister of Industry and Trade promulgates the circular detailing a number of articles of the Government's decree no. 94/2012/NĐ-CP dated November 12, 2012 on wine production and wine trading,

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Circular stipulates procedures for granting, regranting, amending, supplementing and revoking the License for industrial wine production, the License for small-scale production of wine for sale, the Certification of small-scale wine production registration for selling to enterprises licensed to produce wine for further processing, the Licenses for wine distribution, the License for wine wholesaling, the License for wine retailing as stipulated in the Government’s Decree No. 94/2012 / ND-CP dated November 12, 2012 on wine production and trading .

2. This Circular shall not be applied to the sale of wine consumed there and then (retail of beverage consumed there and then).

Article 2. Regulated entities

This Circular shall be applied to domestic and foreign organizations and individuals participating in wine production and trading and other operations related to wine production and trading within Vietnam’s territory .

Article 3. Interpretation of terms

1. "Copies" prescribed in this Circular are in one of the following suitable forms:

a) A certified true copy as prescribed (for applications submitted by post / administrative dispatch);

b) A snapshot enclosed with the original for comparison (for applications submitted directly);

c) A scan of the original (if submitting through electronic networks is applied in administrative procedures ).

2. The license granted in the case of regranting shall include: regranting due to damage, fire, loss; regranting after the revocation expiry, regranting due to expiry of the license.

Article 4. Wine regulations

Wine products must meet the current Vietnam regulations (NTR 6-3: 2010 / MOH enclosed with the Ministry of Health’s Circular No. 45/2010 / TT-BYT dated December 22, 2010 and regulations on amending, supplementing or replacing).

Chapter II

WINE PRODUCTION

Article 5. Application for granting License for industrial wine production

Enterprises requesting for granting the License for industrial wine production shall make 02( two ) sets of application for granting the License for industrial wine production, 01 (one) shall be submitted to licensing competent agencies, 01 (one) shall be kept in the enterprises. Application for granting the License for industrial wine production shall include:

1. A written form of granting the License for industrial wine production (in the form provided in Appendix 1 enclosed with this Circular )

2. A copy of the Investment certificate or the Certificate of Enterprise registration or the Certificate of Business registration or the certificate of tax codes

3. A copy of the Certificate of reception of Declaration of conformity, the Certificate of fulfillment of food safety conditions

4. A list of wine names enclosed with a copy of labels of the wine which enterprises shall expect to produce.

5. A copy of the approval Decision of the report on environmental impact assessment or the Certificate of commitment to environment protection registration granted by competent agencies

Article 6. Small-scale production of wine for sale

1. Manufactures of small-scale wine who are members of the village of small-scale wine production shall not be requested to obtain the Licence of small-scale production of wine for sale. Organizations and individuals representing the village must request for granting the Licence of small-scale production of wine for their village and be responsible for the wine production conditions applied to all members of the village.

2. Organizations and individuals requesting for granting the Licence of small-scale production of wine for sale shall make 2 (two) sets of application for granting the Licence of small-scale production of wine for sale, 1 (one) shall be submitted to the granting competent agencies and 01(one) shall be kept in the facilities of such organizations and individuals

An application for granting the License for small-scale production of wine for sale shall include :

 a) A written form of granting the License for small-scale production of wine for sale in the form provided in Appendix 10 enclosed with this Circular;

b) A copy of the Certificate of Enterprise registration or the Certificate of Business registration and the Certificate of tax code;

c) A copy of the Certificate of reception of Declaration of conformity, the Certificate of fulfillment of food safety conditions

d) A list of wine names enclosed with a copy of labels of the wine which enterprises shall expect to produce.

Article 7. Small-scale wine production for selling to enterprises licensed to produce wine for further processing

1. Organizations and individuals requesting for small-scale wine production for selling to the enterprises licensed to produce wine for further processing shall make 02 (two) sets of application, 01(one) shall be submitted to People’s Committee at communes, ward where the wine production facilities of the organizations and individuals are located for selling to enterprises licensed to produce wine for further processing, 01 (one) shall be kept in the facilities of such organizations , individuals.

An application for small-scale wine production registration for selling to the companies licensed to produce wine for further processing shall include:

a) A written registration of small-scale wine production for selling to enterprises licensed to produce wine for further processing in Appendix 16;

b) A copy of the buying and selling contract between the organizations, individuals requesting for small-scale wine production registration and the enterprises licensed to produce wine for further processing.

2. Procedures for granting the Certificate of registration of small-scale production of wine for selling to enterprises licensed to produce wine for further processing

a) Within 7 working days from the date of receipt of a satisfactory application, the People's Committees of communes, wards where the production facilities of organizations and individuals are located shall consider and grant the Certificate of registration of small-scale production of wine for selling to enterprises licensed to produce wine for further processing or make a reply in writing and clearly state the reasons if the application is rejected;

b) If the application is not satisfactory, within 03 working days from the date of receipt, the agencies granting the certificate must have a written request for supplementation.

3. The Certificate of registration of small-scale production of wine for selling to enterprises licensed to produce wine for further processing shall be valid for 05 years

Article 8. Making and keeping of the License for wine production, the Certificate of registration of small-scale production of wine for selling to enterprises licensed to produce wine further processing

1. The License for industrial wine production shall be made in 04 ( four) : 02 (two) shall be stored at the licensing agency, 01 (one) shall be submitted to the licensed enterprises, 01 (one) shall be submitted to the Ministry of Industry and Trade (for the licences granted by the Service of Industry and Trade in the form provided in Appendix 7 enclosed with this Circular ) or the local Service of Industry and Trade (for the licences granted by the Ministry of Industry and Trade in the form provided in Appendix 4 enclosed with this Circular)

2. The License for small-scale production of wine for sale shall be made in 04 (four): 02(two) shall be kept in the licensing agency, 01(one) shall be submitted to the licensed facilities, 01(one) shall be submitted to the Service of Industry and Trade managing the administrative division. The Certificate shall be in the form provided in Appendix 13 enclosed with this Circular

3. The Certificate of registration of small-scale production of wine for selling to enterprises licensed to produce wine further processing shall be made in 04 (four): 02(two) shall be kept in the licensing agency, 01(one) shall be submitted to the facilities granted the certificate, 01(one) shall be submitted to the Division of Industry and Trade managing the administrative division. The Certificate shall be in the form provided in Appendix 19 enclosed with this Circular.

Article 9. Manufacturing output of wine

Wine manufactures must not produce more than the manufacturing output and types of wine licensed by the competent agencies.

Chapter III

WINE TRADING

Article 10. Application for granting Licenses for wine distribution

Enterprises requesting for granting the Licenses for wine distribution shall make 02 (two) sets of application, 01 (one) shall be submitted to licensing competent agencies, 01(one) shall be kept in the enterprises. The application for granting the Licenses for wine distribution shall include:

1. A written form of granting the Licenses for wine distribution in the form provided in Appendix 27 enclosed with this Circular.

2. A copy of the Investment certificate or the Certificate of Enterprise registration or the Certificate of Business registration or the certificate of tax codes

3. A commitment made by the enterprises themselves, which clearly states the content that traders ensure the full compliance with the requirements for fire protection and fire fighting, environmental protection under the provisions of law in business stores and its warehouse.

4. A report on income statement of the enterprises, including:

a) The business result of 03 previous years, enclosed with a detailed list and a valid copy of the sale contract with each wine manufacturer or other distributors of wine, the paid tax ;

b) The sale forms, management methods of the distribution system.

5. A list of traders, a copy of the investment certificate or certificate of business registration or certificate of business registration and the certificate of tax codes, the License to trade wine (if business) of the enterprises who belonged or will belong to the wine distribution system in an area of at least 06 provinces (in each area, there must be at least 03 wholesalers).

6. A copy of the written introduction or sale contract of wine manufactures or of other wine distributors (which specify the location, types of wine expected to be traded).

7. A copy of the Certificate of declaration of conformity or the standard certificate of types of wine of the enterprises which are expected to be traded;

8. A dossier of transportation including copies of documents proving the right to use vehicles (owned or co-owned according to the joint-venture contract, capital contribution linking contract; or lease contract of vehicles matching the business scale of enterprises with a minimum rental period of 01 year); at least the right to use 03 vehicles with vehicular weight of 500 kg or more; meeting of requirements for preserving the quality of the wine during transport.

9. A dossier of financial capability including the financial capacity which guarantees the normal operation of the entire distribution system (Certificate of bank with the account balance of at least 01 billion).

10. A copy of fee receipts as prescribed by the Ministry of Finance.

Article 11. Application for granting License for wine wholesaling

Enterprises requesting for granting the License for wine wholesaling shall make 02 (two) sets of application, 01(one) shall be submitted to licensing competent agencies, 01 (one) shall be kept in the enterprises. The application for granting the License for wine wholesaling shall include:

1. A written form of granting the License for wine wholesaling in the form provided in Appendix 29 enclosed with this Circular.

2. A copy of the Investment certificate or the Certificate of Enterprise registration or the Certificate of Business registration or the certificate of tax codes

3. A commitment made by the enterprises themselves, which clearly states the content that traders ensure the full compliance with the requirements for fire protection and fire fighting, environmental protection under the provisions of law in business stores and their warehouse.

4. An income statement of the enterprises, including:

a) The income statement of 03 previous years, enclosed with a detailed list and a valid copy of the sale contract with each organization, individual producing wine or wine distributors, the paid tax ;

b) The sale forms, management methods of the wholesaling system.

5. A list of traders, a copy of the investment certificate or Certificate of Enterprise registration or certificate of business registration and the certificate of tax codes, the License to trade wine (if business) of the enterprises who belonged or will belong to the wine distribution system ( there must be at least 03 retailers).

6. A copy of the written introduction or sale contract of wine manufacturers or of wine distributors (which specifies the location, types of wine expected to be traded ).

7. A copy of the Certificate of declaration of conformity or the standard certificate of types of wine of enterprises which are expected to be traded;

8. A dossier of transportation including copies of documents proving the right to use vehicles (owned or co-owned according to the joint-venture contract, capital contribution linking contract; or lease contract of vehicles matching the business scale of enterprises with a minimum rental period of 01 year); at least the right to use 01 vehicles with vehicular weight of 500 kg or more; meeting of requirements for preserving the quality of the wine during transport.

9. A dossier of financial capability including the financial capacity which guarantees the normal operation of the wholesaling system (Certificate of bank with the account balance of at least 300 billion).

10. A copy of fee receipts as prescribed by the Ministry of Finance.

Article 12. Application of granting License for wine retailing

wine retailers requesting for granting the License for wine retailing shall make 02 (two) sets of application, 01(one) shall be submitted to licensing competent agencies, 01 (one) shall be kept in the enterprises, business households. 01(one) License for wine retailing shall be applied for only one business store

An application for granting the License for wine retailing shall include:

1. A written form of granting the License for wine retailing in the form provided in Appendix 31 enclosed with this Circular.

2. A copy of the Investment certificate or the Certificate of Enterprise registration or the Certificate of Business registration or the certificate of tax codes

3. A commitment made by the retailers themselves, which clearly states the content that traders ensure the full compliance with the requirements for fire protection and fire fighting, environmental protection under the provisions of law in business stores and their warehouse.

4. A copy of the written introduction or sale contract of enterprises trading wine (which specifies the location, types of wine expected to be traded).

5. A copy of the Certificate of declaration of conformity or the standard certificate of types of wine of retailers which are expected to be traded;

6. A copy of fee receipts as prescribed by the Ministry of Finance.

Article 13. Making and keeping License to trade wine

1. For the Licenses for wine distribution

a) Licenses for wine distribution shall be in the form provided in Appendix 28 enclosed with this Circular.

b) Licenses for wine distribution shall be made in many sheets :02 (two) of them shall be kept in the licensing agency; 01(one) of them shall be submitted to the licensed enterprises; 01 (one) shall be submitted to the Market Surveillance Agency; 01(one) shall be submitted to each Service of Industry and Trade named in the licence (business location) and the place where the headquarter of the enterprises is located; 01 (one) shall be submitted to each wine manufacturer or other wine distributors named on the licence ( selling the products)

2. For the License for wine wholesaling :

a) License for wine wholesaling in the form provided in Appendix 30 enclosed with this Circular.

b) License for wine wholesaling shall be made in many sheets : 02 (two) of them shall be kept in the licensing agency; 01(one) of them shall be submitted to the licensed enterprises; 01(one) shall be submitted to the Ministry of Industry and Trade; 01(one) shall be submitted to Market Surveillance Agency; 01(one) shall be submitted to each wine manufacture named on the licence ( selling the products)

3. For the License for wine retailing :

a) License for wine retailing in the form provided in Appendix 32 enclosed with this Circular.

b) License for wine retailing shall be made in many sheets :02 (two) of them shall be kept in the licensing agency; 01(one) of them shall be submitted to the licensed enterprises; 01(one) shall be submitted to the Service of Industry and Trade; 01(one) shall be submitted to Market Surveillance Agency; 01(one) shall be submitted to each wine manufactures or other wine wholesalers named on the licence ( selling the products)

Chapter IV

AMENDING, SUPPLEMENTING AND REGRANTING LICENSE FOR WINE PRODUCTION, LICENSE FOR SMALL-SCALE PRODUCTION OF WINE FOR SALE, CERTIFICATE OF SMALL-SCALE WINE PRODUCTION REGISTRATION FOR SELLING TO ENTERPRISES LICENSED TO PRODUCE WINE FOR FURTHER PROCESS, LICENSE TO TRADE WINE .

Article 14. Amending, supplementing License for industrial wine production, License for small-scale production of wine for sale, Certificate of small-scale wine production registration for selling to enterprises licensed to produce wine for further process, License for wine trading, distribution wholesaling and retailing

1. If changing the content of the License for industrial wine production, License for small-scale production of wine for sale, Certificate of small-scale wine production registration for selling to enterprises licensed to produce wine for further processing, license for wine trading , distribution, wholesaling and retailing, the organizations or individuals shall make 02 (two) sets of application, 01(one) shall be submitted to competent state management agencies, 01 (one) shall be kept by such organizations or individuals.

2. The application shall include:

a) A written form of amending or supplementing (in the form provided in Appendices 3,11,17,33 enclosed with this Circular);

b) A copy of the License for industrial wine production, the License for small-scale production of wine for sale, the certificate of small-scale wine production registration for selling to enterprises licensed for wine production for further process, license for wine trading, distribution, wholesaling, retailing which are granted

C) Documents needing amending and supplementing.

3. Procedures for supplementing and amending the licenses

a) Within 10 working days from the date of receipt of a satisfactory application, competent State agencies shall consider and amend and supplement the License for industrial wine production, License for small-scale production of wine for sale, certificate of small-scale wine production registration for selling to enterprises licensed to produce wine for further processing, license for wine trading, distributing, wholesaling, retailing (in the form provided in Appendices 6, 9, 15, 21, 35, 36, 37 enclosed with this Circular) . If the application is rejected, competent State agencies must make a reply in writing and clearly state the reason.

b) If the application is not satisfactory, within 03 working days from the date of receipt, the agencies amending and supplementing the licence or certificate must have a written request.

Article 15. Regranting license for industrial wine production, license for small-scale production of wine for sale, certificate of small-scale wine production registration for selling to enterprises licensed to produce wine for further processing, license for wine trading , distributing, wholesaling, retailing.

1. In case the licence or certificate is regranted due to expiration of validity

Organizations and individuals must submit an application for regranting the licenses (including License for industrial wine production, License for small-scale production of wine for sale, license for wine trading, distribution, wholesaling, retailing) or certificate of small-scale wine production for selling to enterprises licensed to produce wine for further processing before the expiration of the license for 30 days. The application and procedures for regranting prescribed this clause shall be applied under the provisions for the case of granting.

2. In case the licence is regranted due to being lost, destroyed in whole or in part, torn or burnt:

a) Organizations and individuals licensed shall make two (02) sets of application for regranting, 01 (one) shall be submitted to competent State management agencies, 01(one) shall be kept by such organizations, individuals. The application for regranting the licence which is lost, destroyed in whole or in part, torn or burnt shall include:

- A written form of regranting (in the form provided in Appendices 2,12,18,34 enclosed with this Circular);

- The original or a copy of the license for industrial wine production, license for small-scale production of wine for sale, certificate of small-scale wine production registration for selling to enterprises licensed to produce wine for further process, license to trade, distribute, wholesale and retail wine which are granted ( if any)

b) Agencies granting the licence (or Certificate of registration of small-scale production of wine for selling to enterprises licensed to produce wine further processing) shall base on the saved file and the application for regranting of the enterprises to regrant.

c) The term of the license shall be the same as the old license (for regranting due to damage, loss)

3. Procedures for regranting licenses or certificates

a) Within 10 working days from the date of receipt of a satisfactory application, competent State agencies shall consider and regrant the License for industrial wine production, License for small-scale production of wine for sale, Certificate of small-scale wine production registration for selling to enterprises licensed to produce wine for further processing, License for wine trading, distribution, wholesaling and retailing ( in the form provided in Appendices 5, 8, 14, 20, 38, 39, 40 enclosed with this Circular). If the application is rejected, the competent State agencies must make a reply in writing and clearly state the reason.

b) If the application is not satisfactory , within 03 working days from the date of receipt, the agencies regranting the licence, certificate must have a written request.

Chapter V

REPORTS

Article 16. Reports

1. Before January 31 every year, wine manufacturers and traders shall submit their statistical reports on output and types of produced and traded wine (according to the system of distribution and wholesaling) of the previous year to competent agencies granting the licence in the form provided in Appendices 22, 41, 42, 50 enclosed with this Circular; People's Committees at commune level shall report the Division of Industry and Trade on the list of facilities of small-scale production of wine for selling to enterprises licensed to produce wine for further processing in the administrative division in the form provided in Appendix 23 enclosed with this Circular .

2. Before February 28 every year, the Department of Trade and Industry shall report directly on the investment, production, trading, granting the small-scale production of wine for sale. The list of facilities of small-scale wine production for selling to enterprises licensed to produce wine for further processing in administrative division to the Service of Industry and Trade in the form provided in Appendices 24a, 24b enclosed with this Circular.

3. Before March 31 every year, the Department of Trade and Industry shall report on the investment, production and licensing of industrial wine production, small-scale wine production, wine business (retail and wholesale) of the previous year in administrative division to The Ministry of Industry and Trade in the form provided in Appendices 25a, 25b, 43, 44 enclosed with this Circular.

4. Before July 15 and January 15 every year, enterprises trading and distributing wine shall report on the business of 6 months and one year in the form provided in Appendix 49 of this Circular.

5. Before July 15 and January 15 every year, enterprises trading wine shall report on the business of 6 months and one year in the form provided in Appendix 48 of this Circular.

6. Before July 15 and January 15 every year, enterprises retailing wine shall report on the business of 6 months and one year in the form provided in Appendix 47 of this Circular.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 17. Implementation

1. The Department of Light Industry, Department of domestic Market according to their functions and tasks shall take charge and cooperate with units affiliated to Ministries to fulfill the following tasks:

a) Receive the application, inspect, monitor, verify and request the Ministry leaders for approval of the policy of investment and production of wine, granting the licenses for wine production, Licenses for wine distribution

b) Guide and inspect organizations and individuals to implement the provisions of this Circular and the laws relating to wine production and trading.

2. The Service of Industry and Trade in localities shall declare the plans of the system of wine trading and retailing in the administrative division; receive the application, inspect, monitor, verify and grant the License for wine wholesaling, the License for wine production under the guidance of this Circular.

3. The Division of Industry and Trade at district level shall receive, inspect, verify and grant License for small-scale production of wine for sale, License for wine retailing.

4. People’s Committee at commune level shall receive the Certificate of small-scale wine production for selling to enterprises licensed to produce wine for further processing .

5. Other enterprises, organizations and individuals involved in wine production and trading shall be responsible for the implementation of the provisions of this Circular.

Article 18. Effect

1. This Circular takes effect from March 1, 2015.

2. The Ministry of Industry and Trade’s Circular No. 39/2012 / TT-BCT dated December 20, 2012 detailing a number of articles of the Government’s Decree No. 94/2012 / ND-CP dated November 12, 2012 on wine production and trading shall be annulled.

3. Licenses for wine production and trading which have been granted and are valid shall be allowed to use until the expiry of the licenses.

4. Traders amending and supplementing the license for wine production and trading shall be applied under the provisions of this Circular.

5. Revocation of licenses in the following cases:

a) Traders who have been licensed wine production and trading before this Circular takes effect do not operate for 12 consecutive months;

a) Since this Circular takes effect, traders who have been licensed wine production and trading do not operate for 12 consecutive months;