Rights and obligations of organizations and individuals trading alcohol in Vietnam

Rights and obligations of organizations and individuals trading alcohol in Vietnam (Internet image)

1. Rights and obligations of enterprises producing mass of alcohol in Vietnam

- Be entitled to sell spirits that they produce (directly or through their associate companies or affiliated branches) to traders having the license for spirit distribution/wholesaling/retailing or the license for sale of spirits for on-premises consumption and to spirit exporters.

- Have the rights to directly retail alcohol and sell alcohol for on-premises consumption that they produce at their stores.

- Be entitled to purchase domestic semi-finished alcohol or import one to produce finished alcohol.

- Be eligible to purchase alcohol from entities producing alcohol at home for re-preparation.

- Comply with regulations on food safety, labeling, fire and environmental safety.

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

(Article 15 of Decree 105/2017/ND-CP, as amended by Clause 8 Article 16 of Decree 17/2020/ND-CP)

2. Rights and obligations of entities producing alcohol at home for business purposes in Vietnam

- Have the rights to sell alcohol that they produce to traders having the license for alcohol distribution/wholesaling/retailing or the license for sale of alcohol for on-premises consumption and to alcohol exporters.

- Have the rights to directly retail alcohol and sell alcohol for on-premises consumption that they produce at their stores/premises.

- Conform to regulations on environmental safety in the process of their alcohol production.

- Make reports and fulfill other obligations specified herein.

- Be entitled to purchase spirits of households and individuals that produce spirits using traditional methods for re-preparation purpose.

(Article 16 of Decree 105/2017/ND-CP, as amended by Clause 9 Article 16 of Decree 17/2020/ND-CP)

3. Rights and obligations of entities which product at home spirits to sell them to holders of the spirit production license for re-preparation in Vietnam

- Not be required to announce the quality and labels of alcoholic drinks.

- Present the alcohol purchase agreement concluded with the enterprise having the license for mass production of alcohol to competent authorities if required when alcohol is being delivered.

- Register to produce alcohol at home with the People’s Committee of commune according to the specimen No. 4 attached hereto and comply with regulations on environmental safety in the process of their alcohol production.

- Not sell alcohol to entities that are not enterprises producing mass of alcohol concluding the alcohol purchase agreement for re-preparation.

(Article 16 of Decree 105/2017/ND-CP, as amended by Clause 3 Article 16 of Decree 17/2020/ND-CP)

4. Rights and obligations of alcohol distributors/wholesalers/retailers and sellers of alcohol for on-premises consumption in Vietnam

- General rights and obligations:

+ Purchase and/or sell alcohol with legitimate origins;

+ Publish valid copies of licenses granted by the competent authority at their premises and only purchase and/or sell alcohol in accordance with the contents stated in such licenses;

+ Make reports and fulfill other obligations specified herein.

- Rights and obligations of alcohol distributors:

+ Import or purchase alcohol from domestic alcohol producers and other alcohol distributors according to the contents stated in licenses;

+ Sell alcohol to alcohol distributors/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 alcohol or sell alcohol for on-premises consumption at sellers' premises within provinces/central-affiliated cities that have been licensed.

- Rights and obligations of alcohol wholesalers:

+ 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 alcohol or sell alcohol for on-premises consumption at sellers' premises within provinces/central-affiliated cities that have been licensed.

- Rights and obligations of alcohol retailers:

+ 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.

- Rights and obligations of sellers of alcohol for on-premises consumption:

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

+ Sell alcohol directly to buyers for consumption right on the premises according to the contents stated in licenses.

(Article 18 of Decree 105/2017/ND-CP, as amended by Clause 10, 11, 12, 13 Article 16 of Decree 17/2020/ND-CP)

Diem My

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