Tiếng Việt
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DECREE 105/2017/ND-CP: LIQUOR BUSINESS AND IMPORT COMPLIANCE NOTES
Decree 105/2017/ND-CP is the core regulation on liquor business in Viet Nam, affecting production, importation, distribution, wholesale, retail and on-premise sale. For liquor importers, the pre-ETA control points include not only HS/duty, but also distribution licence, conformity/food-safety declaration, liquor stamps, labels, international border gate and document consistency. This article places the regulation in the practical context of import-export operations, clarifying its scope, affected parties, and the checks required before it is relied on for a shipment dossier. Before implementation, businesses should verify the effective date, amendments, and relevant official guidance applicable to the transaction, while retaining the source and document version used for later explanation or audit.
Business-reference material for importers, logistics, compliance and operations teams.
DOCUMENT INFORMATION
| Field | Content |
|---|---|
| Document title | Decree No. 105/2017/ND-CP of the Government on liquor business |
| Number | 105/2017/ND-CP |
| Issuing authority | Government |
| Sectoral management | Ministry of Industry and Trade – liquor business |
| Issue date | 14 September 2017 |
| Effective date | 1 November 2017 |
| Legal status | Partially expired according to the National Legal Database; Decree 17/2020/ND-CP must be checked. |
| Scope | Production, import, distribution, wholesale, retail and on-premise sale of liquor. |
| Signatory | Nguyen Xuan Phuc |
APPLICATION EFFECT AND LEGAL STATUS
| Review point | Application conclusion | Operational note |
|---|---|---|
| Effective date | 01 November 2017 | This is the reference date for applying liquor business conditions under Decree 105/2017/ND-CP. |
| Legal status | Partially expired | The original decree should not be applied mechanically; amended/consolidated texts and current guidance must be reviewed. |
| Amending document to review | Decree 17/2020/ND-CP | Amends several business investment conditions under the state management scope of the Ministry of Industry and Trade. |
| Import-lot application principle | Review licence, declaration/food safety dossier, liquor stamps, labels, international border gate and actual shipment documents. | Do not decide the import plan solely based on the generic product name “liquor”; ABV, label, volume, import purpose and importer status must be reviewed. |
KEY POINTS TO NOTE
| Issue | Business analysis |
|---|---|
| Scope of regulation | Article 1 covers liquor production, importation, distribution, wholesale, retail and on-premise sale; certain export, transit, non-tariff zone, duty-free and sample/gift cases are excluded. |
| Conditional business line | Article 4 treats liquor business as a conditional business line. Licence/registration status must be checked before import or distribution. |
| Quality and food safety | Article 5 requires conformity declaration or food-safety conformity documentation before circulation. Imported liquor dossiers should be prepared before ETA. |
| Stamps and labels | Articles 6 and 30 require imported liquor to be stamped and labelled, except imported semi-finished liquor. Vietnamese sub-label and importer details must be consistent. |
| Import conditions | Article 30 permits import by licensed liquor distributors; licensed industrial liquor producers may import or entrust import of semi-finished liquor. |
| Border gate requirement | Liquor may only be imported through international border gates; route and customs point must be planned in advance. |
| Sample import | Article 31 allows limited import for declaration procedures up to 3 litres per liquor label, not for sale. |
| Reporting and revocation | Articles 32-33 set reporting deadlines and licence revocation triggers including forged dossiers, loss of conditions and no operation for 12 consecutive months. |
AFFECTED ENTERPRISES / GOODS
| Group | Affected stage | Documents to review |
|---|---|---|
| Importer of finished liquor | Before import/customs clearance | Distribution licence, conformity/food-safety documents, label, liquor stamp, contract, invoice, packing list, transport document and C/O if claiming tariff preference. |
| Industrial liquor producer | Before importing semi-finished liquor | Industrial production licence, import documents, quality declaration and production/food-safety control documents. |
| Distributor/wholesaler/retailer | Before market circulation | Correct licence scope, supplier documents, lawful-origin documents and periodic reports. |
| Logistics/customs broker | During customs and delivery | Check product name, alcohol content, volume, label, HS code, food-safety policy, liquor stamp, international border gate and licence status of the importer. |
IMPACT ON IMPORT-EXPORT / LOGISTICS
| Operational point | Risk / control point |
|---|---|
| Customs declaration | Product description should show liquor type, alcohol content, volume, brand/model if any, origin and finished/semi-finished status. |
| Commercial documents | Invoice, Packing List, B/L/AWB, contract, C/O and labels should match quantity, volume, description, origin and trading parties. |
| Specialized inspection | Food-safety/conformity dossiers should be prepared before ETA to avoid storage, demurrage and detention. |
| Labelling and stamps | Imported liquor must be stamped and labelled; original label, Vietnamese sub-label and importer details should be checked before circulation. |
| Transport route | Since liquor must enter through international border gates, port/border gate should be locked before booking. |
| Post-clearance | Keep lot-based files, declaration documents, stamp/label data and reporting data for post-clearance or market surveillance checks. |
RELATED LEGAL DOCUMENTS TO REVIEW
| Document group | Name / number | Role | Note |
|---|---|---|---|
| Laws | Commercial Law 2005; Law on Food Safety 2010; Investment Law 2014/2020 | Framework for commerce, food safety and conditional business lines. | Check current versions. |
| Main decree | Decree 105/2017/ND-CP | Framework on liquor business, import, licensing, reporting and revocation. | Partially amended/repealed. |
| Amending decree | Decree 17/2020/ND-CP | Amends business-condition regulations under the Ministry of Industry and Trade, including liquor business. | Must be reviewed together. |
| Repealed decree | Decree 94/2012/ND-CP | Former decree on liquor production and business. | Repealed when Decree 105 took effect. |
| Other regulations | Liquor stamp, labelling, food safety, customs, tariff and market surveillance rules | Affect stamps, sub-labels, declaration, food-safety inspection, import duty and enforcement. | Review by actual dossier. |
VIEW / DOWNLOAD ORIGINAL DOCUMENT
Businesses should check the signed original before applying or submitting dossiers.
FULL TEXT REFERENCE
Preferred official sources: Government legal document portal, Official Gazette and National Legal Database. This HTML and translation are for business reference only and do not replace the signed PDF.
FAQ
When did Decree 105/2017/ND-CP take effect?
It took effect on 1 November 2017. The National Legal Database indicates partial expiry, so Decree 17/2020/ND-CP and any consolidated text must be checked.
Does it apply to imported liquor?
Yes. Importation is within the scope and Article 30 sets requirements for import, quality, food safety, labelling, stamps and international border gates.
Who may import liquor?
A trader holding a liquor distribution licence may import liquor. A licensed industrial producer may import or entrust import of semi-finished liquor for production.
Are stamps and labels mandatory?
Yes, except imported semi-finished liquor is not required to bear stamps. Original label, Vietnamese sub-label and importer information must be checked.
Can liquor samples be imported for declaration?
Yes, subject to conditions: up to 3 litres per liquor label for declaration procedures and not for sale.
Does the Decree change HS codes or import duty?
No. HS and duty must be reviewed under the tariff schedule, actual product dossier and C/O/FTA.
What should logistics teams check before ETA?
Licence, conformity/food-safety documents, labels/stamps, border gate, invoice, packing list, transport document, C/O, alcohol content, volume and inspection plan.
NEED TO REVIEW IMPORT PROCEDURES OR A SHIPPING PLAN?
Send us the product name, shipping route, current dossier, or implementation request in advance so we can suggest a suitable approach that is practical, focused, and aligned with your shipment.
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