Conditions for establishing an alcohol retail company in Vietnam

Conditions  for establishing a alcohol retail company  are also different from establishing a regular company and not all organizations and individuals can establish a alcohol retail company. When establishing a alcohol trading company, traders must meet specific conditions and obtain a alcohol retail license as prescribed by law.

Conditions for retail business in alcohol in Vietnam

Individuals and organizations conducting alcohol retail business when fully meeting the following conditions:

• Being an enterprise, cooperative, cooperative union or business household established in accordance with law;
• Have the legal right to use a fixed business place with a clear address;
• There are written referrals or principle contracts of alcohol producers, alcohol distribution merchants or alcohol wholesale traders.

Issuance of retail alcohol licenses in Vietnam

After registering an enterprise, a alcohol retail company wishing to enter into alcohol retail business must apply for an alcohol retail license at a competent state agency. The term of a alcohol retail license is 05 years.

The alcohol retail company itself or authorizes Viet An Law Firm to submit an application for a alcohol retail license to the Economic Department or the Economic and Infrastructure Department of the district-level People’s Committee where the company is located.

A dossier of application for a alcohol retail business license includes:

• Application for a alcohol retail license according to Form No. 01 issued together with Decree 105/2017/ND-CP;
• A copy of the certificate of registration of an enterprise, cooperative, union of cooperatives or business households;
• A copy of the lease/loan agreement or document proving the legal right to use the proposed premises as a retail location;
• A copy of the written introduction or principle contract of the alcohol manufacturing trader, alcohol distributor or alcohol wholesale trader;
• A written authorization for Viet An Law Firm to carry out procedures for applying for a alcohol retail business license.

Within 10 working days from the date of receipt of complete and valid dossiers, competent state agencies shall consider, appraise and grant licenses to traders. In case of refusal to grant a license, a written response clearly stating the reasons therefor must be given.

Conditions for foreign-invested companies to be allowed to retail alcohol in Vietnam:

• Must be granted a Business License (retail license);
• Must be granted a permit to set up a retail establishment

Dossier of application for a retail license:

– Application for a business license (Form No. 01 in the Appendix enclosed with this Decree).

– The explanation reads:

• Explanation of conditions for issuance of corresponding business licenses as prescribed
• Business plan: Description of contents and methods of conducting business activities; presentation of a business plan and market development; demand for labor; assessment of impacts and socio-economic efficiency of business plans;
• Financial plan: Report on business results on the basis of audited financial statements of the latest year in case it has been established in Vietnam for 01 year or more; explanation of capital, capital sources and capital mobilization plans; enclose documents on finances;
• Business situation of goods purchase and sale activities and activities directly related to goods purchase and sale; financial situation of foreign-invested economic organizations up to the time of application for a business license.

– Documents from tax authorities proving that no overdue tax is owed.

-Copy:

• Certificate of business registration;
• Certificate of investment registration of projects on goods purchase and sale activities and activities directly related to goods purchase and sale.

Dossier of application for a permit for setting up a retail establishment:

– An application for a license to establish a retail establishment (Form No. 04 in the Appendix enclosed with Decree No. 09/2018/ND-CP).

– The explanation reads:

• Location of retail establishment: Address of retail establishment; a description of the common, relevant area and the area used to establish the retail establishment; explain the satisfaction of the conditions specified at Point c, Clause 1, Article 22 of Decree No. 09/2018/ND-CP; enclose documents on the location of the retail establishment;
• Business plan at retail establishment: Presentation of business plan and market development; demand for labor; assessment of impacts and socio-economic efficiency of business plans;
• Financial plan for setting up retail establishments: Report on business results on the basis of audited financial statements of the most recent year in case it has been established in Vietnam for 01 year or more; explanation of capital, capital sources and capital mobilization plans; accompanied by financial documents.

– Documents from tax authorities proving that no overdue tax is owed.

-Copy:

• Certificate of business registration;
• Certificate of investment registration of the retail establishment project (if any)
• Business license.
• An explanation of the ENT criteria specified at Points c, d and dd, Clause 2, Article 23 of Decree No. 09/2018/ND-CP, in case the inspection of economic needs must be carried out.

Customers wishing to advise on the conditions for establishing a alcohol retail company, please contact Viet An Law directly via email or hotline number for the best answers and support.