Wholesale alcohol is one of the most popular and commonly businesses by traders. In order for the wholesale alcohol to take place smoothly, traders need to understand the relevant regulations so that the business process reaches the most effective. Understanding regulations related to this business is always considered as an important and urgent issue.
Legal basis
Law on prevention and control of harmful effects of alcohol and beer in 2019;
Decree No. 105/2017/ND-CP regulating alcohol production and trading is amended and supplemented by Decree No. 17/2020/ND-CP;
Decree 98/2020/ND-CP, amended and supplemented by Decree 17/2022/ND-CP on sanctioning administrative violations of the production and sale of counterfeit goods.
What is a wholesale alcohol license?
Alcohol business belongs to the list of conditional business lines as prescribed in the Appendix of conditional business lines of the Investment Law 2020.
According to the provisions of Decree No. 105/2017/ND-CP on alcohol trading business, organizations and individuals engaged in wholesale alcohol business must carry out procedures for applying for a Wholesale Alcohol License.
A wholesale alcohol license is a mandatory condition if organizations and individuals wishing to retail alcohol with an alcohol content of 5.5 degrees or higher.
When should a Alcohol Wholesale License be reissued?
A wholesale alcohol license is reissued in the following cases:
The wholesale alcohol license expires but must be valid for at least 30 days;
The alcohol wholesale license needs to change its information (name, company address, type of alcohol,…);
The wholesale alcohol license is lost or damaged.
Conditions for reissuance of a Alcohol Wholesale License in Vietnam
Pursuant to Point a, Clause 3, Article 27 of Decree 105/2017/ND-CP, cases of re-issuance of alcohol wholesale license include:
Re-issue license due to the expiration of the validity period:
Traders shall submit an application for re-issuance 30 days before the expiry date of the license. Dossiers, competence and procedures for re-issuance of this case shall apply as prescribed for new issue.
Re-issue license due to loss or damage:
A dossier of application for re-issuance (01 set) includes:
An application for re-issuance according to Form No. 03 attached with this Decree and the original or a copy of the issued license (if any);
The licensing authority shall depend on the trader’s recorded dossier and dossier of application for re-issuance;
The term of the license will remain as old one.
Procedure for reissuance of a license due to loss or damage:
Traders submit applications directly or by post or online (if applicable) to the licensing authority;
Within 07 working days from the date of receipt of a complete and valid dossier, the competent state agency shall consider and re-issue the license according to Form No. 07 attached with this Decree. In case of refusal to issue a license, a written response clearly stating the reasons must be given.
In case there is insufficient valid dossier, within 03 working days from the date of dossier receipt, the agency must make a written request for supplementation.
Thus, according to the above regulations, traders shall submit an application for reissuance of a license due to loss directly or by post or online (if applicable) to the competent authority issuing the license.
Procedure to reissue license in Vietnam
Step 1
In case of new issuance: Traders shall prepare sufficient dossiers in accordance with the provisions of law.
In case of re-issuance due to expiration: 30 days before the expiry of the license, traders continuing to do business must prepare sufficient dossiers as prescribed by law.
Traders’ dossiers are submitted directly at the Department of Industry and Trade during working hours.
Step 2: Receiving and Returning results Department –Industry and Trade Department receives the dossier, checks the completeness of the documents in the dossier:
In case the dossier is complete according to the regulations, issue the Receipt of the dossier.
In case the dossier is incomplete, the applicant shall be instructed to complete the dossier according to regulations.
Step 3: Within 03 working days from the date of receipt of the dossier, if the application is not valid, the Department of Industry and Trade shall request the trader to supplement the dossier by written notice.
Within 15 working days from the date of receipt of a complete and valid dossier, the Department of Industry and Trade shall consider, appraise and grant a alcohol wholesale license; In case of refusal to grant a license, a written response clearly stating the reasons therefor must be given.
Step 4: Traders based on the appointment date on the receipt come to receive the results of administrative procedures at the Receiving and Returning Department –Industry and Trade Department or can register for the service of receiving results by post.
Note: How to apply: directly or by mail.
Issue a new license in Vietnam
The composition of the dossier, including:
Application for a Alcohol Wholesale License (form);
A copy of the certificate, business registration certificate or a document of equivalent legal validity;
A copy of the lease/loan agreement or a document evidencing the lawful right to use the proposed establishment as a warehouse, alcohol retail location and sell alcohol for on-site use (if there is a business) as prescribed;
A copy of the Certificate of receipt of the declaration of conformity with regulations or the Certificate of declaration of conformity with food safety regulations (for alcohol without technical regulations) of alcohol products planned for trading;
Copies of principle contracts, confirmation letters or commitments to join the wholesale system of retail traders; copies of alcohol retail licenses of merchants planning to participate in the wholesale system of the enterprise applying for the license;
Documents related to alcohol suppliers:
Copies of introductory documents or principle contracts of domestic producers, distribution traders or other wholesale traders, which specify the alcohols intended for business in accordance with the activities of the producing trader, distribution trader or other wholesale trader;
Copies of alcohol production licenses, distribution licenses, or alcohol wholesale licenses of alcohol suppliers.
The commitment shall be made by the trader, clearly stating the contents of the trader to ensure full compliance with the requirements and conditions on fire prevention and fighting and environmental protection as prescribed by law at the head office, business location and warehouse.
Number of documents: 01 (one) set
Processing time: Within 15 working days from the date of receipt of complete and valid documents.
Implementing agency: Departments of Industry and Trade in provinces and centrally-run cities
Targets: Traders
Note: Traders must meet the following conditions:
Enterprises are established in accordance with the provisions of law.
Have the legal right to use warehouses or warehouse systems with a total usable floor area of 50 or more.
Alcohol to be traded must meet food safety conditions as prescribed.
There is a wholesale system of alcohol in provinces and centrally-run cities where traders have their headquarters with at least 03 retail alcohol traders.
There are written introductions or principle contracts of alcohol producers, alcohol distributors or other wholesale alcohol traders.
Ensure full compliance with requirements and conditions on fire prevention and fighting and environmental protection according to regulations.
Enterprises must complete an application for a alcohol wholesale license (Form No. 01 – Decree 105/2017/ND-CP)
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