When to apply for a license to produce handmade wine for business?

Article overview

Reissue of a license to produce handmade wine for business is a legal process to ensure that alcohol production facilities comply with the law, especially in cases where the license expires or is lost or damaged. Below is an article in which Long Phan will analyze in detail the cases requiring re-issuance of licenses, required documents, procedures, and duration of licenses according to the provisions of law.

Apply for a license to produce handmade wine for business
Apply for a license to produce handmade wine for business

Cases of re-granting licenses to produce handmade wine for business

According to the provisions of Article 27 of Decree 105/2017/ND-CP, there are two cases in which individuals and organizations are allowed to apply for a license to produce handmade wine for business:

The license to produce alcohol has expired

  • The license for craft wine production for business purposes is valid for 5 years from the date of issue.
  • When the license is about to expire, specifically within 30 days before expiration, the production facility must submit an application to re-issue the license.
  • The process of reissuing a license in this case is similar to issuing a new one, according to the provisions of Article 28 of Decree 105/2017/ND-CP.
  • In particular, the law does not regulate license renewal, so establishments must submit an application for a new license.

Liquor license lost or damaged

  • In case the license is lost or damaged due to natural disasters or unexpected incidents, the production facility can apply for a new license.
  • According to the provisions of Article 27 of Decree 105/2017/ND-CP, the term of the reissued license will be the same as the previously issued license.
  • For example: If a business’s alcohol production license is valid for 11 years, then when re-issued, the new license will be valid for 11 years, unchanged from the term of the old license.
Cases of re-granting licenses to produce handmade wine for business
Cases of re-granting licenses to produce handmade wine for business

Application for re-issuance of license to produce handmade wine for business

The application for re-issuance of a handmade wine production license depends on the reason for re-issuance. Specifically, cases of license expiration or loss/damage have separate documentation requirements.

The application for re-issuance of a license has expired

In case the license expires, the application for re-issuance is the same as the application for a new one, including:

  • Application for issuance of License according to Model number 01 according to regulations promulgated together with the Decree.
  • Business Registration Certificate: Provide a copy of the Business Registration Certificate or documents of equivalent legal value.
  • Declaration of conformity with regulations: Includes a copy of the declaration of wine product, Certificate of receipt of the declaration of conformity with regulations, Certificate of declaration of conformity with food safety regulations (for wine without technical regulations) or Certificate of facility meeting food safety conditions.
  • Environmental impact assessment report: Provide a copy of the Decision approving the environmental impact assessment report, confirmation of registration of environmental protection plan or confirmation of registration of environmental protection commitment from competent authority.
  • List of goods: A list of wine product names accompanied by a copy of the label of the goods that the enterprise produces or plans to produce.
  • Professional certification of technical staff: Copies of degrees and professional certificates along with the recruitment decision or labor contract of technical staff.

CSPL: Clause 1, Article 27, Articles 19, 20 of Decree 105/2017/ND-CP (amended and supplemented by Decree 17/2020/ND-CP).

The application for license re-issuance is lost or damaged

In case the license is lost or damaged, the application for re-issuance of the license includes:

  • Application for re-issuance of license follows Model number 03 stipulated in Decree 105/2017/ND-CP.
  • An original or valid copy of previously issued alcohol production license (if any).

The documents in this case are simpler than in the case of expiration, and the re-issuance process is faster if the information in the old license is still stored at the management agency.

CSPL: Clause 2, Article 27, Decree 105/2017/ND-CP.

Procedures for reissuing of license to produce handmade wine for business

The procedure for reissuing a license is clearly specified in Article 25 and Article 27 of Decree 105/2017/ND-CP with each specific step:

Procedure for re-issuance when the license expires:

The order and procedures for applying for a new license are implemented as in the case of applying for a new license as prescribed in Article 25 of Decree 105/2017/ND-CP as follows:

Step 1: Prepare documents:

Enterprises or individuals prepare 01 sets of documents to apply for re-issuance of handmade wine according to regulations.

Step 2: Submit application:

Documents can be submitted directly to the competent authority, by post or via the electronic portal. Specific licensing authority includes:

  • Ministry of Industry and Trade: Issues licenses for industrial wine production of 3 million liters/year or more and licenses for alcohol distribution.
  • Department of Industry and Trade: Issues licenses for industrial alcohol production under 3 million liters/year and licenses for wholesale alcohol sales in provinces and cities.
  • Economic Department or District Economic and Infrastructure Department: Issues Licenses for craft wine production for business purposes and Licenses for retail alcohol sales.

Step 3: Competent authority checks documents:

  • Within 15 working days from receipt of valid documents, the competent authority will issue a license or notify refusal with reasons.
  • If the documents are not complete, the agency will request additional documents within 3 working days.

Step 4: Licensing:

  • Competent state agencies will review and issue licenses to traders within 10 working days from receipt of complete documents.
  • If the grant is refused, the agency must notify in writing and clearly state the reason.

Procedure for re-issuance when the license is lost or damaged:

In case the license is lost or damaged, the procedure for re-issuance of the handmade wine production license is carried out according to the provisions of Clause 3, Article 27 of Decree 105/2017/ND-CP.  The process of reissuing a license in this case is similar to reissuing an expired license, but the processing time is faster, within only 07 working days after receiving a complete and valid dossier.

Duration of the craft wine production license

According to the provisions of Article 28 of Decree 105/2017/ND-CP, a license to produce handmade wine for business purposes is valid for 5 years from the date of issue.

In case of re-issuance due to license expiration or loss/damage, the term of the new license will remain the same as the old license. This ensures continuity for the enterprise’s production and business activities, avoiding interruptions during operations.

Enterprises should pay attention to re-issuing procedures at least 30 days before the license expires to avoid violations and penalties according to legal regulations.

Duration of the craft wine production license
Duration of the craft wine production license

Consulting services for re-issuing a license to produce handmade wine for business in Long Phan

With a team of professional consultants, Long Phan supports customers in applying for a license to produce handmade wine. Our services include:

  • Consulting on regulations on processes and procedures for re-issuance of licenses according to the provisions of law.
  • Support in drafting and collecting documents to apply for license re-issuance.
  • Customer representative submits application for re-issuance of license to the competent authority.
  • Monitor and notify customers of application status until receiving the license.
  • Provide guidance on other relevant requirements and procedures.
  • Monitor and notify customers of application status until receiving the license.
  • Consulting on solutions and processing support if the application is rejected or additional requests are required.

The process of reissuing a license to produce handmade wine for business includes many steps and specific requirements. Depending on the case of license expiration or loss/damage, documents and procedures are different. Complying with legal regulations not only helps businesses continue to operate legally but also avoids violations that can lead to penalties. If you need assistance, please contact Long Phan immediately via the hotline 0906735386 for quick and accurate advice.