Is it required to obtain a license for selling alcohol drinks?

Trading in alcohol is one of the conditional business lines so your shop needs to carry out procedures to apply for the certificate of eligibility for trade-in alcohol. Based on the information provided, selling wine for guests to use at the restaurant, so it is possible to determine your alcohol sale of alcohol for on-premises consumption, (sale of alcohol for on-premises consumption” means an act of directly selling alcohol to a buyer for consumption right on the premises according to Clause 5, Article 3 of Decree 105/2017 / ND-CP dated September 14, 2017, Decree on trade in alcohol).

In order to be able to carry out the business of sale of alcohol for on-premises consumption, you need to meet the conditions prescribed by law and must be licensed by a competent state agency.

1. Requirements for sale of alcohol for on-premises consumption (Article 14 Decree no.105/2017 / ND-CP)

1. 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.

2. The on-premises alcohol seller shall be entitled to run fixed premises with a clear address.

3. Alcohol consumed on-premises shall be provided by the trader having the license for alcohol production/distribution/wholesaling/retailing.

4. All requirements for fire and environmental safety shall be satisfied.

5. The alcohol producer producing alcohol to sell 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.

[2] Procedures for sale of alcohol for on-premises consumption (Article 25 Decree no.105/2017 / ND-CP)

“A set of application for the license for alcohol retailing shall include:

- A completed application form provided in the specimen No. 1 attached hereto.

-  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 the expected alcohol retail store.

-  A written reference or an agreement in principle shall be made by the alcohol producer, distributor or wholesaler.

-  A copy of the note of the declaration of conformity or the written confirmation of the declaration of food safety (if types of alcohol are not regulated by technical regulations) for expected alcoholic drinks for sale.

-  A written commitment made by the alcohol retailer specified the compliance with all requirements for fire and environmental safety according to regulations of law at the retail store.”

 Power to issue licenses: Economic Sub-departments or Economic and Infrastructure Sub-departments affiliated to People’s Committees of districts/towns/provincial cities.

* Procedures for issuance of licenses:

- The trader (applicant) shall submit an application in person, by post or through the Internet (if applicable) to a licensing authority;

- Within 10 days from the day on which the valid application is received, the licensing authority shall consider processing and granting the license to the applicant. If the application is rejected, the licensing authority shall provide the applicant with a written explanation.

- If the application is invalid, the licensing authority shall send a written request for additional documents to the applicant within 3 days from the day on which the application is received.

Legal expert: Nguyen Cong Tin

FDVN Law Firm

FDVN LAW FIRM