Labeling alcohol in accordance with regulations is a mandatory legal requirement for individuals and businesses producing and trading this product. Labels of alcohol help control product quality, protect consumer rights, prevent counterfeit goods and effectively manage taxes. The act of violation on label of alcohol can lead to legal risks for business activities.
Regulations on label of alcohol products
Alcohol produced for domestic consumption and imported alcohol must be labeled complying with regulations.
Exceptions are only applied in the following cases:
– Home alcohol production for selling to the enterprise having the license for mass production of alcohol for re-preparation.
– Semi-finished alcohol imported.
Violation on label of alcohol in production for domestic consumption
Violations on label of alcohol in alcohol trading:
Trading in domestically produced alcohol which have at least 5.5% ABV but do not bear “domestically sold alcohol” label or are improperly labeled with “domestically sold alcohol” label the fines range is from VND 200,000 to VND 50,000,000 for individuals and from VND 400,000 to VND 100,000,000 for organizations.
Violations on label of alcohol in alcohol production:
Domestic producer of alcohol having at least 5.5% ABV for failing to label its/his/her domestically sold products or labelling its/his/her domestically sold products against regulations, the fines range is from VND 400,000 to VND 100,000,000 for individuals and from VND 800,000 to VND 200,000,000 for organizations.
Noted, additional penalties that may be applied include deprivation of the right to use the Alcohol business license from 01 month to 03 months if the value of violated goods are from 50,000,000 VND.
Violation on label of alcohol with imported alcohol
The regulation shall be imposed for label of imported alcohol having at least 5.5% ABV.
Labeling of imported alcohol not complying with regulations
The act of labelling of imported alcohol having at least 5.5% ABV against regulations, sold products or labelling its/his/her domestically sold products against regulations, the fines range is from VND 1,000,000 to VND 70,000,000 for individuals and from VND 2,000,000 to VND 140,000,000 for organizations.
The license for trade in alcoholic beverages shall be suspended for a fixed period of 01 – 03 months if one of the violations is repeated or re-committed.
Failure in labeling of imported alcohol
Trading in imported alcohol which have at least 5.5% ABV without label as prescribed shall be penalized with the fines range is from VND 500,000 to VND 100,000,000 for individuals and from VND 1,000,000 to VND 200,000,000 for organizations.
Additional penalties that may be applied include confiscation of evidence and confiscation of the violating means of transport.
Remedial measures include forced destruction of goods and items that are harmful or unsafe for use; forced to return illegal profits obtained from violations.
>> PENALTIES FOR VIOLATIONS OF FOOD SAFETY CERTIFICATE https://linconlaw.vn/penalties-for-violation-of-food-safety-certificate/
>> IN WHICH CASE CAN WITHDRAWAL OF FOOD SAFETY CERTIFICATE OCCUR? https://linconlaw.vn/in-which-case-can-withdrawal-of-food-safety-certificate-occur/
Legal basis:
- Decree 105/2017/ND-CP on alcohol business;
- Decree 17/2020/ND-CP amending the Decree related to business investment conditions in the field of state management of the Ministry of Industry and Trade;
- Decree 98/2020/ND-CP stipulating penalties for administrative violations in commercial activities, production and trading of counterfeit and banned goods and protecting consumer rights.
𝐋𝐈𝐍𝐂𝐎𝐍 𝐋𝐀𝐖 𝐅𝐈𝐑𝐌 – 𝐒𝐮𝐬𝐭𝐚𝐢𝐧𝐚𝐛𝐥𝐞 𝐜𝐨𝐨𝐩𝐞𝐫𝐚𝐭𝐢𝐨𝐧
- In Hanoi: 4F Sudico Tower, Me Tri street, My Dinh 1 ward, Nam Tu Liem district, Hanoi city.
- In HCMC: 272 Do Phap Thuan, An Phu ward, Thu Duc city, Ho Chi Minh city.
- Website: http://linconlaw.vn/
- Email: Lawyer@linconlaw.vn
- Facebook: https://www.facebook.com/Linconlawfirmm
- Linkedln: linkedin.com/in/lincon-law-firm-100b96201
- Hotline: +84.987.733.358