Final article: Shortcomings and difficulties in implementation!
(Baonghean.vn) -In reality, there are many cases of alcohol poisoning leading to death. In response to this situation, the Government issued Decree 94/2012/ND-CP (effective from January 1, 2013) to tighten regulations on the production and sale of homemade alcohol in order to curb the proliferation of counterfeit alcohol on the market. However, the implementation of this Decree still faces many shortcomings.
The decree has been in effect for four months, but our survey shows that households are still freely brewing alcohol, and shops and pubs are still freely selling it without needing a production license or a business registration certificate for alcoholic beverages. Meanwhile, authorities at all levels are struggling and have not proactively implemented the decree.
Explaining this issue, Ms. Tran Thi My Ha, Head of the Trade Management Department of the Department of Industry and Trade, said: The Department of Industry and Trade has implemented Decree 94 to the industry and trade departments of districts, cities, and towns, and has issued documents urging districts to implement it. However, to date, there are still no reports from the districts regarding the issuance of licenses for the production and business of handcrafted alcoholic beverages. Currently, the implementation of Decree 94 faces some obstacles, especially regarding the compliance of the people. This is because people believe that they only produce on a small scale for self-consumption, not for commercial purposes, so they do not need to register for a production license.
According to statistics from the Department of Industry and Trade of Hung Nguyen district, there are 62 households producing rượu (traditional Vietnamese rice wine) in the district, including 43 in Hung Chau and 14 in Hung Thinh. However, according to Mr. Tran Van Lan, Deputy Head of the Department of Industry and Trade of Hung Nguyen district, this figure does not accurately reflect the actual number of households producing rượu in the area because many households produce rượu but do not voluntarily report it. To date, no households in the district have registered for a license to produce and trade homemade rượu.
Mr. Lan stated that the implementation of Decree 94 faced several difficulties, such as: low public compliance awareness; people believe that small-scale production yields little profit, so registering for a production license would be time-consuming, complicated, and very troublesome. In addition, Article 18, Section 1, Clause C of Decree 94 stipulates that the number of retail liquor business licenses in a district, county, city, or town is determined according to the principle of no more than one retail liquor business license per 1000 people and in accordance with the planning of the retail liquor business system.
According to this regulation, only one retail liquor license should be issued for every 1000 inhabitants. However, in reality, in Hung Chau commune, with a population of 4100, only four liquor production and trading licenses should be issued, while the commune has 43 households engaged in liquor production and trading!
The traditional rice wine-making village in Nghi Phu commune has had to close down due to the lack of participating households.
Similarly, in Vinh City, there are hundreds of households producing and trading homemade liquor. To date, the Economic Department of the Vinh City People's Committee has not issued any licenses for the production of homemade liquor to the people. Mr. Ha Thai Son – Deputy Head of the Economic Department of the Vinh City People's Committee shared: "It is very difficult to get people to comply with Decree 94, because people's long-held belief is that they only produce liquor on a small scale, in a fragmented manner, so they don't feel the need to apply for a production and business license."
In 2010, Vinh City established a traditional rice wine making village in Nghi Phu commune, represented by Toan Tam Private Enterprise. The aim was to mobilize local households to sell their rice wine to Toan Tam Private Enterprise for bottling and labeling before selling it to the market. However, due to the long-standing practice of small-scale production, no households participated. As a result, after more than a year of operation, Toan Tam Private Enterprise proved ineffective and had to close down.
In reality, obtaining production and business licenses remains a significant obstacle. Licenses require quality testing, but our province lacks the necessary personnel and equipment for such testing. Furthermore, if inspections and penalties were implemented according to regulations, almost all households producing homemade liquor would be found in violation. Decree 94 has come into effect, but how authorities enforce penalties is a matter of concern. Strict enforcement could result in entire villages and communes being fined or suspended, leaving them with no choice but to address the issue of many households making liquor as their primary occupation. Meanwhile, the dissemination and implementation of Decree 94 have not been sufficiently rigorous, making it difficult for people to understand and comply.
The government's policy of managing alcohol production and trade is sound; however, for Decree 94 to be effectively implemented, there is still much work that relevant agencies need to do immediately. First, it is necessary to intensify the dissemination of the Decree to alcohol producers and traders; provide detailed guidance on the necessary administrative procedures under the new regulations for producers and traders to follow; and only then proceed with food safety testing and licensing for organizations and individuals producing and trading alcohol with quality-compliant products. Simultaneously, strengthen inspection and control of alcohol during transportation and consumption in restaurants and eateries, and develop specific penalties to strictly address violations. Only then can we gradually bring alcohol production and trade into order and ensure consumer rights.
Vo Huyen (Vinh City)
