1. LEGAL BASIC
• Decree 105/2017/NĐ-CP on trade in alcohol;
• Decree 17/2020/NĐ-CP on amendments to some Articles of Decrees related to necessary business conditions in fields under the management of the Ministry of Industry and Trade.
According to Section 2, Clause 1, Article 16, Chapter VII in business areas of alcohol Decree 17/2020/NĐ-CP on amendments to some Articles of Decrees related to necessary business conditions in fields under the management of the Ministry of Industry and Trade.
Accordingly, “Traders that sale of alcohol having at least 5.5% ABV for on-premises consumption and traders that trade in alcohol having less than 5.5% ABV are required to register their sale with the Office of Economics or district-level Office of Economics and Infrastructure.”
Thus, from the date of taking effect of Decree 17/2020/ND-CP (February 5, 2020), traders who sale of alcohol for on-premises consumption is no need to apply for a license to sale of alcohol for on-premises consumption. Instead, traders must register with the Office of Economics or district-level Office of Economics and Infrastructure using Form No. 13 in Section II of the Appendix issued together with Decree 17/2020/ND-CP.
2. RIGHTS AND OBLIGATIONS OF TRADER THAT TRADE IN ON-PREMISES SPIRITS FOR ON-PREMISES CONSUMPTION
• Purchase of alcohol from trader alcohol producers, distribution traders, alcohol wholesale traders, retail alcohol traders;
• Sale of alcohol directly to purchasers for consumption at traders’ business locations.
3. REQUIREMENTS FOR SALE OF ALCOHOL FOR ON-PREMISES CONSUMPTION
• The enterprise, cooperative, cooperative joint venture or household business selling alcohol for on-premises consumption (on-premises alcohol seller) shall be established according to regulations of law;
• The trader that sale of alcohol for on-premises consumption is entitled to lawfully use its fixed business location with a clear address and must register its sale of alcohol for on-premises consumption with the Office of Economics or Office of Economics and Infrastructure of the district where the trader’s business location is available;
• Alcohol consumed on premises shall be provided by the trader having the license for alcohol production/distribution/wholesaling/retailing;
• The alcohol producer producing alcohol to sale of alcohol for on-premises consumption shall have the license for mass production of alcohol or license for home production of alcohol for business purposes specified herein.
4. LIST OF DOCUMENTS AND REGISTRATION PROCEDURES FOR SALE OF ALCOHOL FOR ON-PREMISES CONSUMPTION
A. Dossier for registration sale of alcohol for on-site consumption:
• Certificate of registration for sale of alcohol for on-site consumption according to Form No. 13 issued together with Decree 17/2020/NĐ-CP;
• A copy of the certificate of enterprise/cooperative/cooperative joint venture/household business registration;
• A copy of the lease/borrowing agreement or documents proving legitimate use rights to expected premises to sell alcohol for on-premises consumption;
• A copy of the alcohol purchase agreement concluded with the trader having the license for alcohol production/distribution/wholesaling/retailing;
• A written commitment made by the alcohol seller specified the compliance with all requirements for fire and environmental safety according to regulations of law at the premises to sell alcohol for on-premises consumption.
B. Registration procedures for sale of alcohol for on-premises consumption
Based in Clause 19, Article 16 of Decree 17/2020/ND-CP stipulates:
• Traders submit dossiers in person or by post or online;
• Within 10 working days from the receipt of the satisfactory application, the competent authority shall consider and appraise it, and issue the license to the applicant. In case of rejection of the application form, explanation shall be provided in writing;
• If the application is insufficient, the licensing authority shall request the applicant in writing to supplement it within 03 working days.
C. The agency dealing with the registration of the sale of alcohol for on-site consumption:
Economic Sub-department or Economic and Infrastructure Sub-department affiliated to People’s Committees of districts/towns/provincial cities is the agency dealing with the registration of the sale of alcohol for on-site consumption in their districts/towns/provincial cities;