Procedures for Importing Alcohol
The food industry is understood as all activities related to processing, converting, preserving and packaging food, including food and beverages, which are composed of many different materials. With food and beverages, they are divided into many categories such as non-alcoholic beverages includes water, tea, and coffee, etc and alcoholic beverages includes beer, wine, etc. In which the group of alcoholic beverages is especially strictly controlled by the State because it can be harmful to human health. Therefore, investors who want to invest in the alcohol business also need to meet many legal conditions. To learn more about these conditions, please read the article below.
Illustrations
1. Definitions related to importing alcohol
Pursuant to clause 2 Article 28 of Commercial Law of Vietnam 2005, the definition of import is as follows:
“Import of goods means the bringing of goods into the territory of the Socialist Republic of Vietnam from foreign countries or special zones in the Vietnamese territory, which are regarded as exclusive customs zones according to the provisions of law.”
Pursuant to clause 1 Article 2 of Law on Prevention and Control of Harmful Effects of Alcoholic Beverages 2019, the definition of alcohol is as follows:
“Alcohol refers to the alcoholic beverage obtained from the fermentation of one or a mixture of ingredients mainly including starches of cereals or sugar syrups of plants, flowers, tubers, fruits or beverages obtained from alcohol food.”
Therefore, it can be understood that importing alcohol is the act of bringing goods (alcohol) into the territory of Vietnam from foreign countries or areas located in the territory of Vietnam, which are regarded as exclusive customs zones according to the provisions of the law.
2. Legal bases related to importing alcohol
Law on prevention and control of harmful effects of alcoholic beverages 2019
Commercial Law of Vietnam 2005
Decree 105/2017/ND-CP on trading alcohol
Decree 17/2020/ND-CP amendments to some articles of decrees related to necessary business conditions in fields under the management of the Ministry of industry and trade.
3. Conditions for importing alcohol
3.1 General provisions on importing alcohol
Pursuant to clause 1, 2 Article 30 of Decree 105/2017/ND-CP, the conditions related to the License related to the import of alcohol are as follows:
“1. The enterprise having the license for alcohol distribution shall be entitled to import alcohol and take responsibility for the quality and food safety of imported alcohol. The distributor shall only sell imported semi-finished alcohol to the producer having the license for industrial production of alcohol.
2. The enterprise having the license for industrial production of alcohol shall be entitled to import or entrusted import the semi-finished alcohol to produce finished alcohol.”
Therefore, it can be understood as follows:
– For finished alcohol, only the enterprises having the license for alcohol distribution are allowed to import.
– For semi-finished alcohol:
+ The enterprise having the license for alcohol distribution is only allowed to import semi-finished alcohol for selling to the enterprise having the license for industrial production of alcohol.
+ The enterprise having the license for industrial production of alcohol is only allowed to import or entrusted import the semi-finished alcohol to produce finished alcohol.
3.2 Requirements for distribution of alcohol
Pursuant to Article 11 and clause 3 Article 4 of Decree 105/2017/ND-CP amended, supplemented by Decree 17/2020/ND-CP about requirements for distribution of alcohol are as follows:
– Being an enterprise established in accordance with the law.
– Having a alcohol distribution system in the area of at least two provinces or centrally-run cities (including the area where the enterprise’s head office is located); in each province or centrally-run city, there must be at least one alcohol wholesaler. In the event that an enterprise has established a branch or a business location outside its head office to trade in alcohol, the certification of the alcohol wholesaler is not required.
– Having a written introduction or a contract in principle with the alcohol producer, another alcohol distributor, or an overseas alcohol supplier.
– In the process of distributing, wholesaling, and retailing alcohol, traders must comply with the provisions of the law on environmental protection, food safety, fire prevention and fighting.
3.3 Requirements for goods
In addition to the conditions for merchants, it is also necessary to note the conditions for goods, specifically alcohol, as follows pursuant to clause 3 Article 30 of Decree 105/2017/ND-CP amended and supplemented by Decree17/2020/ND-CP:
– Must be labeled alcoholic drinks pursuant to Article 6 of Decree 105/2017/ND-CP;
– Comply with the provisions of the law on food safety, in particular, the announcement of alcohol products (pursuant to Article 5 of Decree 105/2017/ND-CP amended by Decree 17/2020/ND-CP)
Therefore, alcohol products that want to be circulated on the Vietnamese market need to have labels of alcoholic drinks and product announcements in accordance with the regulations.
4. Procedures for issuance of Alcohol Distribution License
As mentioned in Section 3, to import alcohol, an enterprise needs to obtain a liquor distribution license or an industrial alcohol production license (for the import of semi-finished alcohol) according to the following procedures:
For detailed procedures, please see here:
Issue of the Alcohol distribution licenses.
Issue of revised Alcohol distribution licenses
Reissue of Alcohol distribution licenses
Issue Licenses for industrial production of alcohol (with a scale of at least 3 million liters/year)
Issue Licenses for industrial production of alcohol (with a scale of under 3 million liters/year)
6. Rights and obligations of merchants importing alcohol
Pursuant to Article 18 of Decree 105/2017/ND-CP amended, supplemented in Decree 17/2020/ND-CP about rights and obligations of the business merchant are as follows:
– General rights and obligations:
+ Purchase and/or sell alcohol with legitimate origins;
+ Publish valid copies of licenses granted by the competent authority at their premises and only purchase and/or sell alcohol in accordance with the contents stated in such licenses;
+ Make reports and fulfill other obligations specified in Decree 105/2017/ND-CP.
– Rights and obligations of alcohol distributors:
+ Import or purchase alcohol from domestic alcohol producers and other alcohol distributors according to the contents stated in-licenses;
+ Sell alcohol to alcohol distributors/wholesalers/retailers or sellers of alcohol for on-premises consumption within provinces/central-affiliated cities that have been licensed;
+ Sell alcohol to alcohol exporters;
+ Directly retail alcohol or sell alcohol for on-premises consumption at sellers’ premises within provinces/central-affiliated cities that have been licensed.
5. Notes on importing alcohol:
Pursuant to clause 2 Article 6 of Decree 105/2017/ND-CP:
It is not required that semi-finished alcohol imported be labeled.
Pursuant to clause 4 Article 30 of Decree 105/2017/ND-CP:
Alcohol shall only be imported into Vietnam through international checkpoints.
Maybe you are interested:
What should businesses consider when selling Alcohol via e-commerce?
09 places where alcohol and beer are not allowed from January 1, 2020
Procedures for granting an Alcohol wholesale license need to be known
Procedures for issuance of the latest Alcohol retail license
Procedures for issuing the latest Alcohol distribution license
Source: https://bachkhoaluat.vn/cam-nang/16402/thu-tuc-nhap-khau-ruou-moi-nhat-can-biet
