What conditions do business households that want to retail alcohol need to meet?

Business households that want to retail alcohol need to meet the conditions specified in Article 13 of the Decree 105/2017/ND-CP amended by Clause 5, Article 17 Decree 17/2020/ND-CP, specifically as follows:

Alcohol retail conditions

1. Being an enterprise, cooperative, cooperative union or business household established in accordance with law.

2. Have the right to legally use a fixed business location with a clear address.

3. There is a written introduction or principle contract of a wine producer, wine distributor or wine wholesaler.

Thus, to retail alcohol, business households need to meet the following conditions:

– Established according to the provisions of law.

– Have the legal right to use a fixed business location with a clear address.

– There is a written introduction or principle contract of a wine producer, wine distributor or wine wholesaler.

Does an application for a liquor retail license need to provide an original or a copy of the Business Registration Certificate?

In Article 23 of Decree 105/2017/ND-CP amended by Clause 9, Article 17 of Decree 17/2020/ND-CP stipulates the application dossier for a liquor retail license as follows:

Application documents for a liquor retail license

Application documents for a liquor retail license (01 set) include:

1. Application for a Liquor Retail License according to Form No. 01 issued with this Decree.

2. Copy of Certificate of registration of enterprise, cooperative, cooperative union or business household.

3. Copy of lease/loan contract or documents proving the legal right to use the proposed premises as a retail location.

4. Copy of the introductory document or principle contract of the wine producer, wine distributor or wine wholesaler.

According to this regulation, the application dossier for a liquor retail license will include the following documents:

– Application for a liquor retail license according to the form.

– Copy of Certificate of registration of enterprise, cooperative, cooperative union or business household.

– Copy of lease/borrowing contract or documents proving the legal right to use the proposed premises as a retail location.

– A copy of the introductory document or principle contract of the wine producer, wine distributor or wine wholesaler.

Thus, the application for a Liquor Retail License requires a copy of the Business Registration Certificate without requiring the original.

Which agency has the authority to issue alcohol retail licenses?

The authority to grant alcohol retail licenses is specified in Article 25 of Decree 105/2017/ND-CP amended by Clause 18, Article 16 Decree 17/2020/ND-CP and Clause 19, Article 16 Decree 17/2020/ND-CP as follows:

Authority and licensing procedures

1. Licensing authority:

a) The Ministry of Industry and Trade is the agency that issues licenses for industrial alcohol production with a scale of 03 million liters/year or more and alcohol distribution licenses;

b) The Department of Industry and Trade is the agency that issues licenses for industrial alcohol production with a scale of less than 03 million liters/year and licenses for wholesale alcohol sales in provinces and centrally run cities;

c) The Department of Economics or the Department of Economics and Infrastructure under the district People’s Committee is the agency that issues the License to produce artisanal alcohol for business purposes and the License to retail alcohol in the area;

d) The agency competent to issue the license has the right to issue amendments, supplements and re-issue that license.

2. Licensing procedures:

a) Traders submit applications directly or by post or online (if applicable) to the licensing authority;

b) For issuance of industrial alcohol production license, alcohol distribution license and alcohol wholesale license:

Within 15 working days from the date of receipt of complete and valid documents, the competent state authority will review, appraise and issue a license to the trader. In case of refusal, a written response must be made clearly stating the reason.

In case there are not enough valid documents, within 03 working days from the date of receiving the documents, the licensing agency must issue a written request for supplementation.

c) For issuance of License for manual alcohol production for business purposes, Liquor retail license:

Within 10 working days from the date of receiving a complete and valid dossier, the competent state authority will review, appraise and issue a license to the trader. In case 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 receipt of the documents, the licensing agency must issue a written request for supplementation.

Accordingly, the authority to grant alcohol retail licenses belongs to the Economic Department or the Economic and Infrastructure Department under the district People’s Committee. This authority will be divided according to management area.