Alcohol is a commonly used product in life, and it is also one of the commodity products when trading requires a license. Understanding and grasping relevant regulations on alcohol business is always a matter of concern. In the following article, Viet An Law will summarize the regulations on re-issuance of alcohol business license.
According to the provisions of Article 3, Decree No. 105/2017/ND-CP amended and supplemented by Decree 17/2020/ND-CP, alcohol is determined as follows:
Types of alcohol license
According to the provisions of Section 3 of Decree No. 105/2017/ND-CP amended and supplemented in Decree No. 17/2020/ND-CP, there are the following types of alcohol trading license:
Conditions of wholesale sale of alcohol
Pursuant to the provisions of Article 12 of Decree 105/2017/ND-CP amended and supplemented by Decree 17/2020/ND-CP stipulating conditions for wholesale alcohol business, including:
Alcohol retail business
Pursuant to the provisions of Article 13 of Decree 105/2017/ND-CP amended and supplemented by Decree 17/2020/ND-CP stipulating conditions for alcohol retail business, including:
Conditions for the sale of alcohol for on-site consumption
Pursuant to the provisions of Article 14 of Decree 105/2017/ND-CP amended and supplemented by Decree 17/2020/ND-CP stipulating conditions for retail alcohol business, including:
Pursuant to Clause 2 Article 25 of Decree 98/2020/ND-CP stipulates: A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed for the act of selling alcohol with an alcohol content of 5.5 degrees or higher for on-site consumption or trading in alcohol with an alcohol content below 5.5 degrees without registering with the Economic Department or the district-level Economic and Infrastructure Department as prescribed.
Thus, an unlicensed alcohol business will be administratively fined from VND 1,000,000 to VND 3,000,000. In addition, in the case of an organization trading alcohol without a license, the fine will be double the fine for individuals as prescribed in Clause 4 Article 4 of Decree 98/2020/ND-CP amended at Point b, Clause 1, Article 3 of Decree 17/2022/ND-CP.
It can be seen that selling alcohol without a license will cause the business owner to suffer legal consequences and affect the business process. The registration of a license for the alcohol business is considered an extremely important and essential issue in the alcohol business.
Who has the authority to reissue a alcohol business license
Pursuant to the provisions of Clause 1, Article 25 of Decree 105/2017/ND-CP amended and supplemented in Decree 17/2020/ND-CP, the authority to grant alcohol trading license is vested in:
Regulations on the re-issuance of alcohol business license in Vietnam
In case the license is reissued due to expiration
The term of the alcohol business license will last 15 years for industrial alcohol production license and 05 years for craft alcohol production license for business purposes, alcohol distribution license, alcohol wholesale license, alcohol retail license.
When their business license expire, traders can fully apply for re-issuance according to the provisions of Clause 1, Article 27 of Decree 105/2017/ND-CP amended and supplemented in Decree 17/2020/ND-CP.
Accordingly, traders must submit a dossier of application for re-issuance of a license 30 days before the expiry date of the license. Dossiers, competence and procedures for re-issuance of this clause shall apply as prescribed for new grants.
In case of reissuance due to lost or damaged license
In this case, traders shall comply with the provisions of Clause 2, Article 27 of Decree 105/2017/ND-CP amended and supplemented in Decree 17/2020/ND-CP to apply for re-grant as follows:
In addition, Clause 3 of this Regulation also stipulates procedures for reissuance of license due to loss or damage:
If you need advice or learn more about the re-issuance of alcohol business license in particular and re-issuance of other license in general, please contact Viet An Law Firm for the best support.
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