Applications and procedures for licenses for alcohol wholesaling in Vietnam

Hello, Lawnet would like to answer as follows:

1. Requirements for wholesaling of alcohol in Vietnam

According to the provisions of Article 12 of Decree 105/2017/ND-CP, Clause 6, Article 16 of Decree 17/2020/ND-CP, requirements for wholesaling of alcohol are as follows:

- The enterprise wholesaling alcohol (alcohol wholesaler) shall be established according to regulations of law.

- There should be a spirit wholesaling system within a province or central-affiliated city where the wholesaler’s headquarters is located with at least 01 spirit retailer. If the spirit wholesaler establishes a branch or business location besides its headquarters for the purpose of spirit sale, it is not required to ask for confirmation from the spirit retailer.

- A written reference or an agreement in principle shall be made by another alcohol producer, distributor or wholesaler.

According to the provisions of Article 18 of Decree 105/2017/ND-CP, Article 16 of Decree 17/2020/ND-CP, rights and obligations of alcohol wholesalers:

- Purchase and/or sell alcohol with legitimate origins;

- Post legitimate copies of licenses granted by the competent authority at their premises and only purchase and/or sell spirits according to the licenses, except for the case in which the trader sells spirits for on-premises consumption.

- Make reports and fulfill other obligations specified in Decree 105/2017/ND-CP.

- Purchase alcohol from domestic alcohol producers or other alcohol distributors/wholesalers according to the contents stated in licenses;

- Sell alcohol to alcohol wholesalers/retailers or sellers of alcohol for on-premises consumption within provinces/central-affiliated cities that have been licensed;

- Sell alcohol to alcohol exporters;

- Directly retail spirits at traders’ licensed business locations within provinces or central-affiliated cities.

2. Applications and procedures for licenses for alcohol wholesaling in Vietnam

Applications for licenses for alcohol wholesaling in a province or centrally run city (01 set) includes:

- Applications for licenses for alcohol wholesaling according to Form No. 01 issued with Decree 105/2017/ND-CP.

Form No. 01: Download

A copy of the enterprise registration certificate or equivalent legal documents.

- Document concerning the spirit wholesaling system includes one of the two following types:

+ A copy of the agreement in principle, confirmation letter or commitment to participating in the spirit wholesaling system enclosed with a copy of the spirit retail license of the retailer expected to participate in the spirit wholesaling system;

+ A copy of the retailer’s Certificate of registration of operation of the branch or Certificate of registration of the business location for spirit trading purpose.

- Documents related to the alcohol supplier:

+ A copy of the written reference or the agreement in principle made by another domestic alcohol producer, distributor or wholesaler specified expected alcohol for sale in line with their operation;

+ A copy of the license for alcohol production/distribution/wholesaling of the alcohol supplier.

Procedures for licenses for alcohol wholesaling in Vietnam

- Wine wholesalers send 01 set of documents to the Department of Industry and Trade.

- Within 15 working days from the date of receipt of complete and valid documents, the Department of Industry and Trade will review, appraise, and issue a liquor wholesale license to traders. In cases of refusal, a written response must be made clearly stating the reason.

- In case of insufficient valid documents, within 03 working days from the date of receiving the documents, the licensing agency must issue a written request for additional documents.

How to carry out

- Submission form:

+ Directly

+ Online

+ Postal service

- Processing time: 15 working days.

- Fees and charges: According to regulations of the Ministry of Finance.

- Processing time: 15 working days from the date of receipt of complete and valid documents.

(Article 22 of Decree 105/2017/ND-CP, Article 16 and Article 17 of Decree 17/2020/ND-CP).

3. Penalty for not having licenses for alcohol wholesaling

According to the provisions of Clause 3, Article 6 of Decree 98/2020/ND-CP, a fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed for committing one of the following violations:

- Failing to obtain the business license when trading in goods or services classified as conditional business lines;

- Using an expired business license when trading in goods or services classified as conditional business lines;

- Failing to meet business conditions during the trading in goods or services classified as conditional business lines;

- Using the business license of another trader.

Thus, alcohol wholesalers who do not apply for a license may be subject to administrative fines ranging from 10,000,000 VND to 15,000,000 VND.

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