ALCOHOL TRADING LICENSE
Types of licenses related to wine products, also known as Alcohol Trading Licenses (with an alcohol content of 5.5 degrees or more):
Legal basis:
Decree 105/2017/ND-CP, supplemented by Decree 17/2020/ND-CP
According to Decree 105/2017/ND-CP, a alcohol trading license includes the following types of licenses:
I. INDUSTRIAL ALCOHOL PRODUCTION:
1.Conditions for industrial wine production
1.1 Being an enterprise established under the provisions of law.
1.2 Having lines of machinery, equipment and technological processes for wine production that meet the expected production scale.
1.3 Satisfying food safety conditions as prescribed.
1.4 Ensuring the conditions for environmental protection according to regulations.
1.5 Satisfying the regulations on alcohol labeling.
1.6 Having qualified and professional technicians suitable to the liquor production line.
2. Dossier of application for a certificate of industrial wine production
An application for a license for industrial alcohol production (01 set) comprises:
2.1 An application for a license for industrial liquor production, made according to Form No. 01 issued together with this Decree.
2.2 Copies of enterprise registration certificates or papers of equivalent legal validity.
2.3 A copy of the alcohol product announcement or copy of the receipt of the regulation conformity announcement or the certificate of declaration of conformity with food safety regulations (for alcohol without technical regulations); copy of Certificate of food safety eligibility or a copy of one of the following certificates: Good Manufacturing Practices (GMP), Hazard Analysis and Critical Control Points (HACCP), Food safety management system (ISO 22000), International food standard (EFS), Global standard for food safety (BRC), Food safety system (FSSC 22000) ”
2.4 A copy of the decision approving the environmental impact assessment report or the certificate of registration of environmental protection plan or the certificate of registration of environmental protection commitment, issued by a competent agency.
2.5 The list of liquor commodity names, enclosed with a copy of the liquor label that the enterprise produces or intends to produce.
2.6 Copies of qualifications, professional certificates and recruitment decisions or labor contracts of technical staff.
II. MANUFACTURED ALCOHOL PRODUCTION FOR BUSINESS PURPOSE
1. Conditions for manual liquor production for business purposes
1.1 Being an enterprise, cooperative, cooperative union or business household established under the provisions of law.
1.2 Satisfying food safety conditions and labeling of liquor goods according to regulations.
2. Dossier of application for a license for manual liquor production for business purposes
An application for a license for manual liquor production for business purposes (01 set) includes:
2.1 An application for a license for manual liquor production for business purposes, made according to Form No. 01 issued together with this Decree.
2.2 A copy of the certificate of enterprise, cooperative, cooperative union or business household registration.
2.3 A copy of the alcohol product announcement or copy of the receipt of the regulation conformity announcement or the certificate of declaration of conformity with food safety regulations (for alcohol without technical regulations); a copy of the certificate of establishment meeting adequate conditions for food safety, except for the case of a small food business establishment in accordance with the law on food safety.
2.4 The list of liquor commodity names, enclosed with a copy of the liquor label that the organization or individual produces or plans to produce.
III. DISTRIBUTION OF ALCOHOL
1. Conditions for wine distribution
1.1 Being an enterprise established under the provisions of law.
1.2 Having a liquor distribution system in two or more provinces or centrally-run cities (including enterprises where the head office is located); In each province or centrally-run city, there must be at least 1 liquor wholesaler. In case an enterprise establishes a branch or business location outside its head office for liquor trading, it is not required to get certification from a liquor wholesaler.
1.3 Having a written introduction or contract of the principle of a liquor-making trader, other liquor distributor or a foreign liquor supplier.
2. Dossier requesting for a License of alcohol distribution
A dossier of application for a liquor distribution license (01 set) comprises:
2.1 An application for a liquor distribution license, made according to Form No. 01 issued together with this Decree.
2.2 Copies of enterprise registration certificates or papers of equivalent legal validity.
2.3 Documents on a liquor distribution system include one of the following two types:
2.3.1. A copy of the principle contract, a letter of confirmation or a commitment to participate in the liquor distribution system together with a copy of the liquor wholesale license of the trader expected to join the liquor distribution system;
2.3.2. A copy of the certificate of branch operation registration of the enterprise or the certificate of business location registration of the enterprise for liquor trading.
2.4 Documents related to liquor suppliers:
2.4.1. A copy of the introductory documents or the principle contract of the wine-producing trader, other liquor distributors or foreign liquor suppliers, clearly stating the types of liquor expected to be suitable for trading. activities of alcohol suppliers;
2.4.2. If the liquor supplier is a domestic trader, a copy of the License for wine production or license for wine distribution is required.
IV. WHOLESALE ALCOHOL
1.Wine wholesale conditions
1.1 Being an enterprise established under the provisions of law
1.2 Having a liquor wholesale system in a province or centrally run city where the enterprise is headquartered with at least 1 retail liquor trader. In case an enterprise establishes a branch or business location outside its head office for liquor trading, it is not required to have certification of a liquor retailer.
1.3 Having a written introduction or principle contract of the liquor-producing trader, liquor distribution trader or other liquor wholesaler
2.Dossiers of application for a liquor wholesale license
An application for a liquor wholesale license (01 set) comprises:
2.1 An application for a liquor wholesale license, made according to Form No. 01 issued together with this Decree.
2.2 A copy of the certificate of enterprise registration or a paper of equivalent legal validity.
2.3 Documents on the liquor wholesale system include one of the following two types:
2.3.1. A copy of the principal contract, a letter of confirmation or a commitment to participate in the liquor wholesale system together with a copy of the liquor retail license of the trader expected to join the liquor wholesale system;
2.3.2. A copy of the certificate of branch operation registration of the enterprise or the certificate of business location registration of the enterprise for liquor trading.
2.4 Documents related to liquor suppliers:
2.4.1. Copies of introductory documents or principal contracts of domestic producers, distributors or other wholesalers, clearly stating the types of alcohol expected to be suitable for business of production traders, distribution traders or other wholesale traders;
2.4.2. A copy of the liquor production license, distribution license or liquor wholesale license of liquor suppliers.
V. RETAIL ALCOHOL
1. Wine retail conditions
1.1 Being an enterprise, cooperative, cooperative union or business household established under the provisions of law.
1.2 Having the right to lawfully use the fixed business location and clear address.
1.3 Having a written introduction or principle contract of the liquor-producing trader, liquor distribution trader or liquor wholesaler.
2. Application for a retail alcohol license
A dossier of application for a liquor retail license (1 set) comprises:
2.1 An application for a liquor retail license, made according to Form No. 01 issued together with this Decree.
2.2 A copy of the certificate of enterprise, cooperative, cooperative union or business household registration.
2.3 Copies of the lease / borrowing contract or documents proving the lawful right to use the proposed establishment as a retail location.
2.4 A copy of the introductory document or the principle contract of the wine-making trader, liquor distribution trader or liquor wholesaler.
AUTHORITY AND PROCEDURE FOR LICENSING:
1. Competence to grant licenses
1.1 The Ministry of Industry and Trade is an agency granting industrial liquor production licenses of 3 million liters/ year or more and a liquor distribution license;
1.2 Department of Industry and Trade is the agency issuing the License for industrial wine production with the scale of under 03 million liters / year and the License of wholesale wine in the province or city directly under the Central Government;
1.3 Economic Division or Division of Economic and Infrastructure under the district-level People’s Committee is the agency issuing manual liquor production license for the purpose of trading and license to retail liquor in the area;
1.4 Agencies competent to grant licenses are entitled to grant amendments, supplements and re-issuance of such licenses.
2. Procedures for licensing
2.1 The trader submits the application either directly or by post or online (if applicable) to the licensing authority;
2.2 For the granting of industrial liquor production licenses, liquor distribution licenses and liquor wholesale licenses:
Within 15 working days after receiving a complete and valid dossier, the competent state agency shall consider, appraise and grant a permit to the trader. In case of refusal to grant, a written reply must clearly state the reasons therefor.
In case there are not enough valid documents, within 03 working days from the receipt of the application, the licensing agency must make a written request for a supplement.
2.3 For the granting of a manual liquor production license for business purposes, a liquor retail license:
Within 10 working days after receiving a complete and valid dossier, the competent state agency shall consider, appraise and grant a license to traders. In case of refusal to grant, a written reply must clearly state the reasons therefor.
In case of insufficient valid documents, within 03 working days from the receipt of the application, the licensing agency must make a written request for supplementation.