11:47 | 14/08/2023

Which agency shall issue the license for spirit retail in Vietnam?

Which agency shall issue the license for spirit retail in Vietnam? What are cases of reissuance of the license for spirit retail in Vietnam?

Hello Lawnet. I want tot apply for the license for spirit retail in Vietnam. Which agency shall issue this license?

Thank you!

Which agency shall issue the license for spirit retail in Vietnam?

Pursuant to Article 25 of the Decree 105/2017/NĐ-CP (amended by Article 16 of the Decree 17/2020/NĐ-CP) stipulating as follows:

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 Economis 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.

As regulations above, the Office of Economis or Office of Economics and Infrastructure affiliated to People’s Committees of the district where you are living shall issue the license for spirit retail for you.

What are cases of reissuance of the license for spirit retail in Vietnam?

Pursuant to Article 27 of the Decree 105/2017/NĐ-CP stipulating reissuance of the license for spirit retail in Vietnam as follows:

1. Reissue of the license due to expiration of its effective period:

The applicant shall submit an application for reissue of the license within 30 days before its effective period expires. The application, power and procedures for reissue of the license specified in this Clause shall apply similarly to those of its issuance.

2. Reissue of the license if it is lost or damaged:

a) A set of application for reissue of the license shall include:

A completed application form provided in the specimen No. 3 attached hereto and the license or its copy (if any);

b) The licensing authority shall reissue the license on the basis of the stored application and the application for reissue of the applicant.

c) The effective period of the license shall remain unchanged.

3. Procedures for reissue of the license if it is lost or damaged:

a) The applicant shall submit the application in person, by post or through the Internet (if applicable) to the licensing authority;

b) Within 7 days from the day on which the valid application is received, the licensing authority shall consider reissuing the license according to the specimen No. 7 attached hereto. 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.

As regulations above, the license for spirit retail in Vietnam shall be reissued if it is expired or damaged or lost.

Best regards!

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