1. Legal basis

– Decree 105/2017/ND-CP dated September 14, 2017 on alcohol business;

– Decree 17/2020/ND-CP dated February 5, 2020 amending and supplementing a number of articles of the Decrees related to business investment conditions in the field of state management of the Ministry of Industry and Trade.

2. Subjects must apply for a license to do business in retailing and retailing alcohol

Traders who produce industrial alcohol or craft alcohol for the purpose of trading, distributing alcohol, wholesale and retail alcohol with an alcohol content of 5.5 degrees or more must have a business license. Specifically, Pursuant to Article 4 of Decree 105/2017/ND-CP as amended by Clause 1, Article 16 of Decree 17/2020/ND-CP stipulating the principles of alcohol management:

3. Conditions for selling alcohol for on-site consumption

Article 13 of Decree No. 105/2017/ND-CP stipulating conditions for alcohol retail:

– Firstly, being an enterprise, cooperative, union of cooperatives or business household established in accordance with law;

– Second, have the lawful right to use a fixed business location with a clear address;

– Third, there is a written introduction or a contract in principle of the wine producer, wine distributor or alcohol wholesaler.

4. Dossier of application for a liquor retail license

Article 23 of Decree No. 105/2017/ND-CP stipulating that an application for a liquor retail license (01 set) includes:

– Firstly, an application for a liquor retail license;

– Second, a copy of the Certificate of registration of enterprises, cooperatives, unions of cooperatives or business households;

– Third, a copy of the lease/borrow contract or documents proving the legal right to use the premises intended to be the retail location;

– Fourth, a copy of the introductory text or the principle contract of the wine producer, liquor distributor or liquor wholesaler.

5. Competence and procedures for applying for a liquor retail license

5.1. Licensing Authority

The Economic Division or the Economic and Infrastructure Division of the district-level People’s Committee is the agency that issues the liquor retail license in the area.

5.2. Procedure

– Step 1: Traders submit documents directly or by post or online (if eligible) to the licensing authority;

– Step 2: 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, a written reply must be given clearly stating the reason.

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

6. Some Notes

– The term of a liquor retail license is 5 years;

– In case of re-issuance due to expiry of the validity period: Traders must submit a dossier of application for re-issuance of the license 30 days before the expiry date of the license. Dossier, authority, and procedures for re-issuance for the re-stipulation of this Clause shall be the same as those for new-issuance;

– Send and save the license: The license is made in many copies: 02 copies are kept at the licensing agency; 01 copy to be sent to the licensed trader; 01 copy to the Department of Industry and Trade; 01 copy to be sent to the Market Management Department; 01 copy to be sent to the wine producer or other liquor business named in the license.

Above is the advice of Khoa Tin Law on: “Sequence and procedures for applying for a license to do retail business and retail alcohol.”

In case customers have unclear issues or need to discuss further, please contact us at phone number 0983 533 005 for a free consultation.

Best regards./.