1. Wholesale Liquor License in Vietnam
Vietnam ranks 5th in Asia in terms of beer and alcohol consumption, making it an attractive investment sector for many businesses. However, most of these businesses are unsure of the procedures and requirements for obtaining a wholesale liquor license.
This guide from Thiên Di will provide you with the necessary information on the business conditions and procedures for obtaining a wholesale liquor license in Vietnam.
A. Overview of Regulations on Wholesale Liquor Business
Liquor is a food beverage containing alcohol, produced by the fermentation (with or without distillation) of starch from cereals, sugar solutions from plants and fruits, or blended from food alcohol (ethanol). Liquor does not include: beer of all kinds; fermented fruit juices of all kinds with an alcohol content of less than 5% by volume.
The wholesale liquor business is on the list of conditional business lines specified in Appendix 4 of the Investment Law 2014.
1. Wholesale liquor businesses must obtain a Wholesale Liquor License
Similar to the previous regulation in Decree No. 94/2012/ND-CP, Decree No. 105/2017/ND-CP on liquor business still stipulates that businesses engaged in wholesale liquor business must apply for a Wholesale Liquor License.
2. Business Scope of Wholesale Alcohol Traders
The business scope of wholesale alcohol traders is regulated under Decree 105/2017/ND-CP as follows:
Purchase of alcoholic beverages:
From domestic alcohol producers, distributors, other wholesale traders as specified in the business license;
Sale of alcoholic beverages:
- To other wholesale traders, retail traders, and on-site consumption traders within the licensed province or centrally-run city;
- To traders purchasing alcohol for export;
- Direct retail and on-site consumption at the trader's business locations within the licensed province or centrally-run city.
3. Conditions for Wholesale Alcohol Traders
- Must be an enterprise established in accordance with the law.
- Have the legal right to use a warehouse or warehouse system with a total floor area of at least 50 square meters.
- Alcoholic beverages intended for business must meet food safety requirements as prescribed by law.
- Have a wholesale network in the province or centrally-run city where the trader's head office is located, with at least 03 retail alcohol traders.
- Have an introduction letter or a letter of intent from an alcohol producer, distributor, or other wholesale trader.
- Ensure full compliance with fire prevention and fighting, and environmental protection requirements as prescribed by law.
4. Documents and Procedures for Obtaining a Wholesale Liquor License in Vietnam
4.1. Application dossier for a Wholesale Liquor License (1 set) includes:
- Application form for a Wholesale Liquor License (Form No. 01).
- Copy of the Certificate of Enterprise Registration or equivalent legal document.
- Copy of the lease/borrowing contract or documents proving legal use of the premises intended for warehouse, retail and on-site liquor sales (if applicable) as prescribed.
- Copy of the Acceptance of Declaration of Conformity or Certificate of Confirmation of Compliance with Food Safety Regulations (for liquors without technical standards) for the intended liquor products.
- Copies of the principle contract, confirmation letter or commitment to participate in the wholesale system of retailers; copies of the Retail Liquor Licenses of the retailers expected to participate in the wholesale system of the licensed enterprise.
- Documents related to the liquor supplier:
- Copies of the introductory documents or principle contracts of the domestic manufacturer, distributor or other wholesaler, clearly stating the types of liquor intended for business in accordance with the activities of the manufacturer, distributor or other wholesaler;
- Copies of the Liquor Manufacturing License, Distribution License or Wholesale Liquor License of the liquor suppliers.
- A commitment made by the trader, stating that the trader ensures full compliance with the requirements and conditions on fire prevention and fighting, environmental protection according to the law at the head office, business location and warehouse.
4.2. Procedures for obtaining a Wholesale Liquor License:
- The trader submits the application dossier directly, by mail or online (if applicable) to the Department of Industry and Trade;
- Within 15 working days from the date of receiving a complete and valid application, the Department of Industry and Trade will review, assess and issue a license to the trader. In case of refusal to grant, a written response must be provided stating the reasons.
- If the application dossier is not yet complete, within 03 working days from the date of receiving the dossier, the licensing authority must issue a written request for additional information.
B. Services for Applying for a Wholesale Liquor License
1. Regarding License Application and Service Fees
Thien Di will draft the application dossier, submit it on your behalf, and explain the dossier to the competent authority.
The service fee is a flat fee that includes government fees and dossier processing fees, but excludes 10% VAT. Please contact us for details.
Dossier preparation and document preparation according to regulations: 2-3 weeks. This timeframe may vary depending on the company's cooperation in providing documents.
Processing time: 20 working days from the date of complete dossier preparation.
2. Customer's Responsibilities
Thien Di will perform the tasks on behalf of the customer. However, the customer is required to provide the following:
- Necessary documents for the process: Legal documents of the business establishment, business owner; documents of alcohol suppliers; Copies of the Certificate of Acceptance of Compliance Declaration or Certificate of Confirmation of Compliance with Food Safety Regulations (for alcohol without technical regulations) of the alcoholic beverages to be traded.
- Sign the documents and files prepared by Thiên Di for the customer.
- Closely coordinate with Thiên Di in the necessary activities to obtain the license.
II. Amendment and Supplement of Wholesale Liquor License
This guide provides instructions on amending and supplementing a Wholesale Liquor License (or Wholesale Distributor License) in Vietnam.
1. Information:
Decision-making authority: Department of Industry and Trade of the district, town, city, or Department of Industry and Trade of the province, city.
Directly implementing agency: Department of Industry and Trade of the district, town, city, or Department of Industry and Trade of the province, city.
Resolution time: 15 days from the date of receiving a complete and valid application.
Subject: Organization.
Fees and charges:
Appraisal fee: 300,000 VND/store.
License issuance fee: 50,000 VND/license.
Result of the procedure: License.
2. Steps:
- The organization or individual prepares a complete and valid application according to the regulations.
- Upon receiving the application, the civil servant receiving the application will check the components and validity of the application and compare the original documents with the copies:
- If the application is complete and valid, a receipt and appointment letter will be issued to the applicant.
- If the application is incomplete or invalid, the civil servant receiving the application will guide the applicant to complete the application according to the regulations.
- The professional department specialist will appraise the application and inspect the premises to draw up a record of appraisal of the conditions of the location and technical and material facilities for business operation according to the regulations. If the conditions are met, the procedure will be completed, submitted to the Director of the Department of Industry and Trade for signing and issuance.
- On the appointment date, the owner (or representative of the owner) presents the appointment letter, pays the fee, and receives the documents.
3. Application:
- Application for Amendment and Supplement of Wholesale Liquor License (or Wholesale Distributor License) stating the specific points to be supplemented or amended: 01 original copy with a template.
- Business premises or warehouse file (if any).
- Existing Wholesale Liquor License (if any).
4. Requirements:
- The trader is an enterprise established in accordance with the law and has registered to buy and sell liquor.
- Have a fixed business location with a clear address.
- Have a warehouse (or warehouse system) suitable for the business scale of the enterprise, ensuring the conditions for preserving liquor quality, fire prevention and fighting, food safety and hygiene, and environmental protection according to the law regulations.
- Have an introduction letter or wholesale contract, wholesale distribution contract with at least one liquor supplier (importer, manufacturer, or other wholesaler); organize a stable distribution system in the area.
Please contact Thien Di Company immediately to get the optimal and cost-saving solution. Contact details: 0981 317 075 - 0868 083 683 – Email: info@luatthiendi.com
Contact Info:
THIEN DI TRADING SERVICES COMPANY LIMITED
Address: No. 36 Street A4, Ward 12, Tan Binh District, Ho Chi Minh City
Hotline: 0981317075
Phone: 028.6293 9377
Email: info@luatthiendi.com
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