What is the application for a license for alcohol retailing in Vietnam? What are the procedures for issuance of a license for alcohol retailing in Vietnam?
What is included in the application for a license for alcohol retailing in Vietnam?
An application for the license for alcohol retailing (01 set) is made according to Article 23 of Decree No. 105/2017/ND-CP (amended in Clause 9, Article 17 of Decree No. 17/2020/ND-CP), including:
- A completed application form provided in the specimen No. 1 attached to Decree No. 105/2017/ND-CP.
- A copy of the certificate of enterprise/cooperative/cooperative joint venture/household business registration.
- A copy of the lease/borrowing agreement or documents proving legitimate use rights to expected alcohol retail store.
- A written reference or an agreement in principle shall be made by the alcohol producer, distributor or wholesaler.
What is the application for a license for alcohol retailing in Vietnam? What are the procedures for issuance of license for alcohol retailing in Vietnam?
What are the procedures for issuance of license for alcohol retailing in Vietnam?
Pursuant to Article 25 of Decree No. 105/2017/ND-CP (amended in Clause 18 Article 16 of Decree No. 17/2020/ND-CP):
Power and procedures for issuance of licenses
1. Power to issue licenses:
a) The Ministry of Industry and Trade shall issue licenses for mass production of alcohol with a scale of at least 3 million liters/year and licenses for alcohol distribution.
b) Departments of Industry and Trade of provinces/central-affiliated cities shall issue licenses for mass production of alcohol with a scale of under 3 million liters/year and licenses for alcohol wholesaling in their provinces/central-affiliated cities;
c) Offices of Economics or Offices of Economics and Infrastructure affiliated to People’s Committees of districts shall issue licenses for home production of spirits for business purpose and licenses for spirit retail within their districts;
d) Any authority having the power to issue licenses (licensing authority) shall be entitled to revise and reissue such licenses.
2. Procedures for issuance of licenses:
a) The trader (applicant) shall submit an application in person, by post or through the Internet (if applicable) to a licensing authority;
b) Issuance of the license for mass production of alcohol, license for alcohol distribution and license for alcohol wholesaling:
Within 15 days from the day on which the valid application is received, the licensing authority shall consider processing and granting the license to the applicant. If the application is rejected, the licensing authority shall provide the applicant with a written explanation.
If the application is invalid, the licensing authority shall send a written request for additional documents to the applicant within 3 days from the day on which the application is received.
c) In case of issuing the license for home production of spirits for business purpose or license for spirit retail:
Within 10 working days from the receipt of the satisfactory application, the competent authority shall consider and appraise it, and issue the license to the applicant. In case of rejection of the application form, explanation shall be provided in writing.
If the application is insufficient, the licensing authority shall request the applicant in writing to supplement it within 03 working days.
Thus, the procedures for issuance of a license for alcohol retailing in Vietnam is carried out as follows:
- The trader (applicant) shall submit an application in person, by post or through the Internet (if applicable) to a licensing authority;
- Issuance of the license for mass production of alcohol, license for alcohol distribution and license for alcohol wholesaling:
+ Within 15 days from the day on which the valid application is received, the licensing authority shall consider processing and granting the license to the applicant. If the application is rejected, the licensing authority shall provide the applicant with a written explanation.
+ If the application is invalid, the licensing authority shall send a written request for additional documents to the applicant within 3 days from the day on which the application is received.
What are the rights and obligations of alcohol retailers in Vietnam?
Pursuant to Clause 4, Article 18 of Decree No. 105/2017/ND-CP stipulating:
Rights and obligations of alcohol distributors/wholesalers/retailers and sellers of alcohol for on-premises consumption
…
4. Rights and obligations of alcohol retailers in Vietnam:
a) Purchase alcohol from domestic alcohol producers or other alcohol distributors/wholesalers according to the contents stated in licenses;
b) Sell alcohol to sellers of alcohol for on-premises consumption or directly sell to buyers at sellers' premises according to the contents stated in licenses.
Thus, the rights and obligations of alcohol retailers in Vietnam are as follows:
- Purchase alcohol from domestic alcohol producers or other alcohol distributors/wholesalers according to the contents stated in licenses;
- Sell alcohol to sellers of alcohol for on-premises consumption or directly sell to buyers at sellers' premises according to the contents stated in licenses.
How long is a license for alcohol retailing valid for?
Pursuant to Article 28 of Decree No. 105/2017/ND-CP (amended by Clause 20, Article 16 of Decree No. 17/2020/ND-CP):
Contents and effective periods of licenses
1. Contents of the license are provided in Form No. 5 attached hereto.
2. The effective period of the license:
a) The effective period of the licenses for mass production of alcohol shall be 15 years;
b) The effective period of the license for home production of spirits for business purpose and license for spirit distribution/wholesaling/retail is 05 years.
Thus, the license for alcohol retailing is valid for 5 years.
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