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REGULATIONS ON ENTERPRISES TRADING IN ALCOHOL DISTRIBUTION LINES

Regulations on enterprises trading in alcohol distribution lines - htlaw.vn

I. Conditions for trading in alcohol distribution lines

Alcohol trading is a conditional business line for domestic enterprises and foreign enterprises specified in Section 46, Appendix IV, Law on Investment 2020.

On the principle of alcohol business: Alcohol business belongs to the list of conditional business lines. Organizations and individuals engaged in alcohol business must comply with the provisions of the Law on Prevention and Control of Harmful Effects of Alcohol and Beer and the provisions of Decree 105/2017/ND-CP, amended and supplemented by Decree 17/2020/ND-CP

Requirements for distribution of alcohol:

    • The enterprise distributing alcohol (alcohol distributor) shall be established according to regulations of law.
    • There should be spirit distribution systems within at least 02 provinces or central-affiliated cities (including the administrative divisions where the spirit distributors’ headquarters is located); at least a spirit trader within each province or central-affiliated city. If the spirit distributor establishes a branch or business location besides its headquarters for the purpose of spirit sale, it is not required to ask for confirmation from the spirit wholesaler.
    • A written reference or an agreement in principle shall be made by another alcohol producer, distributor or wholesale.

II. Rights and obligations of alcohol distribution traders

    • Buying and selling alcohol of legal origin;
    • Post a valid copy of the license issued by the competent authority at the merchant’s liquor sales locations and may only buy and sell alcohol according to the contents of the issued license, except for the case of traders selling alcohol for on-site consumption.”
    • Implement the reporting regime and other obligations as prescribed in Decree 105/2017/ND-CP
    • Importing alcohol, purchasing alcohol from domestic liquor producers and other liquor distribution traders according to the contents of the license.
    • Selling alcohol to liquor distribution traders, wholesale liquor traders, alcohol retail traders, on-site alcohol traders within provinces/central-affiliated cities that have been licensed;
    • Selling alcohol to traders who buy alcohol for export.
    • Directly retail alcohol at traders’ business locations within provinces/central-affiliated cities that have been licensed;

III. Registration dossiers for enterprises trading in alcohol distribution lines

– Application for an alcohol distribution license according to Form No. 01 of Decree 105/2017/ND-CP

– A copy of the enterprise registration certificate or equivalent legal documents.

– Document concerning the spirit distribution system includes one of the two following types:

      • A copy of the agreement in principle, confirmation letter or commitment to participating in the spirit distribution system enclosed with a copy of the spirit wholesaling license of the wholesaler expected to participate in the spirit distribution system;
      • A copy of the distributor’s Certificate of registration of operation of the branch or Certificate of registration of the business location for spirit trading purpose;

– Documents relating to alcohol suppliers;

    • Copy of introductory documents or principle contracts of liquor traders, other liquor distribution traders or overseas liquor suppliers, which specify the intended types of liquor traded in accordance with the activities of the liquor suppliers;
    • In case the liquor supplier is a domestic trader, a copy of the liquor production license or liquor distribution license is required.

IV. Competence and procedures for granting liquor distribution business licenses

The Ministry of Industry and Trade is the agency that issues alcohol distribution licenses.

Traders (applicant) shall submit an application in person, by post or through the internet (if applicable) to a licensing authority;

Within 15 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.

       To save time learning about the law, filling out forms, and submitting documents, you can contact HTLaw for consultation and legal services related to Trading in alcohol distribution lines.

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REGULATIONS ON ENTERPRISES TRADING IN ALCOHOL WHOLESALE LINES

Regulations on enterprises trading in alcohol wholesale lines - htlaw.vn

I. Conditions for enterprises to do business in alcohol wholesale business

    • An enterprise established in accordance with the provisions of law.
    • There should be a spirit wholesaling system within a province or central-affiliated city where the wholesaler’s headquarters is located with at least 01 spirit retailer. If the spirit wholesaler establishes a branch or business location besides its headquarters for the purpose of spirit sale, it is not required to ask for confirmation from the spirit retailer.
    • Have a written referral or principle contract of a liquor trader, liquor distribution trader or other wholesale alcohol trader.

II. Rights and obligations of alcohol wholesale enterprises

    • Buying and selling alcohol of legal origin;
    • Post a valid copy of the license issued by the competent authority at the merchant’s liquor sales locations and may only buy and sell alcohol according to the contents stated in the issued license, except for the case of traders selling alcohol for on-site consumption;
    • Implement the reporting regime and other obligations as prescribed by Decree 105/2017/ND-CP;
    • Purchase alcohol from domestic alcohol producers or other alcohol distributors/wholesalers according to the contents stated in licenses;
    • Sell alcohol to alcohol wholesalers/retailers or sellers of alcohol for on-premises consumption within provinces/central-affiliated cities that have been licensed;
    • Sell alcohol to alcohol exporters;
    • Directly retail spirits at traders’ licensed business locations within provinces or central-affiliated cities.

(Regulation Article 18, Decree 105/2017/ND-CP, Article 16, Decree 17/2020/ND-CP)

III. Registration dossiers for enterprises trading in alcohol wholesale lines

– Application for a wholesale liquor license according to Form No. 01 of Decree 105/2017/ND-CP

– A copy of the business registration certificate or document of equivalent legal validity.

– Documentation of the alcohol wholesale system is of one of two types:

      • A copy of the principle contract, letter of confirmation or commitment to participate in the wholesale alcohol system with a copy of the wholesale liquor license  of the trader who intends to participate in the wholesale alcohol system;
      • A copy of the Certificate of operation registration of the branch of the enterprise or the Certificate of registration of the place of business of the enterprise for alcohol business.

– Documents relating to alcohol suppliers;

      • Copies of introductory documents or principle contracts of domestic producers, distribution traders or other wholesale traders, stating the intended types of liquors for trading in accordance with the activities of the producing trader, distributor or other wholesale trader;
      • Copies of liquor licenses, distribution licenses or wholesale liquor licenses of liquor suppliers.

IV. Licensing authority and procedures

The Department of Industry and Trade is the agency that issues alcohol wholesale licenses in provinces and central-affiliated cities.

Licensing procedure:

Merchants apply in person or by post or online (if eligible to apply) to the licensing authority.

For wholesale liquor licenses:

Within 15 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.

       To save time learning about the law, filling out forms, and submitting documents, you can contact HTLaw for consultation and legal services related to Trading in alcohol wholesale lines.

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    • Email: hue.truong@htlaw.vn
    • Phone number: +84 935 439 454. 
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REGULATION ON ENTERPRISES DEALING RETAIL ALCOHOL

Regulation on enterprises dealing retail alcohol - htlaw.vn

I. Conditions for enterprises to do business in alcohol retailers

The enterprise, cooperative, cooperative joint venture, or household business retailing alcohol (alcohol retailer) shall be established according to regulations of law.

The alcohol retailer shall be entitled to run a fixed store with a clear address.

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

II. Rights and obligations of alcohol retailer

    • Buying and selling alcohol of legal origin.
    • Post a valid copy of the license issued by the competent authority at the merchant’s liquor sales locations and may only buy and sell alcohol according to the contents stated in the issued license, except for the case of traders selling alcohol for on-site consumption.
    • Implement the reporting regime and other obligations as prescribed by Decree 105/2017/ND-CP.
    • Purchase alcohol from domestic alcohol producers or other alcohol distributors/wholesalers according to the contents stated in licenses;
    • Sell alcohol to sellers of alcohol for on-premises consumption or directly sell to buyers at sellers’ premises according to the contents stated in licenses.

III. Registration documents for alcohol retail businesses

    • 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 expected alcohol retail store.
    • A written reference or an agreement in principle shall be made by the alcohol producer, distributor or wholesaler.

IV. Licensing authority and procedures

Offices of Economis or Offices of Economics and Infrastructure affiliated to People’s Committees of districts shall issue licenses for home production of spirits for business purpose and licenses for spirit retail within their districts.

Merchants apply in person or by post or online (if eligible to apply) to the licensing authority.

Within 10 working days from the date of receipt of a complete and valid dossier, the competent state agency shall consider, appraise and grant licenses to traders. In case of refusal to grant, a written response stating the reasons therefore must be given.

       To save time learning about the law, filling out forms, and submitting documents, you can contact HTLaw for consultation and legal services related to Retail Alcohol.

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DURATION OF LICENSE TYPES

Duration of License types - htlaw.vn
STTContentLegal basis
1License for establishment of representative offices/branches of foreign traders:
- 05 years, but not exceeding the remaining term of the business registration certificate or paper of equivalent value of the foreign trader, in case such paper has regulations on the term.
- Within at least 30 days before the license expires, the trader can make a dossier to apply for the license extension, unless there is a violation in the cases of being revoked.		Clause 1 Article 9, Article 21, Clause 1 Article 23 Decree 07/2016
2Certificate of food safety eligibility
- 03 years from the date of issue
- At least 6 months before the expiration date of a certificate of food safety eligibility, if the food producer or trader wishes to continue its/ his/her production or trading activities, it/he/she shall submit a dossier of application for the re-grant of a certificate of food safety eligibility.		Article 37 of the Law on Food Safety 2010
3Retail establishment license:
- The license to set up a retail establishment has a term corresponding to the remaining term on the investment registration certificate for the retail establishment project.
- In the absence of an Investment Registration Certificate, the duration of the License to set up a retail establishment corresponds to the duration stated in the document on the location of the retail establishment.		Point a, Clause 2, Article 26 of Decree 09/2018
4Certificate of satisfaction of security and order conditions:
- There is no time limit except for some cases		Clause 1, Article 15 of Decree 96/2016
5Liquor Distribution License, Liquor Wholesale License, Liquor Retail License
- The above licenses are valid for 5 years		Point b, Clause 2, Article 28 of Decree 105/2017
6Work Permit
- The term of a work permit is granted according to the term of one of the cases specified in Article 10 of Decree 152/2020 but must not exceed 02 years.		Article 10 of Decree 152/2020
7Certification of exemption from work permit
- The validity period of a certification of exemption from work permit is up to 2 years and coincides with the validity period of any case as prescribed in Article 10 of Decree 152/2020		Clause 2, Article 8 of Decree 152/2020
8Visa exemption certificate
- The visa exemption certificate has a maximum validity of not more than 5 years and is shorter than the expiry date of the passport or valid international travel document of the grantee for at least 6 months.		Clause 1, Article 4 of Decree 82/2015

       To save time learning about the law, filling out forms, and submitting documents, you can contact HTLaw for consultation and legal services related to above Licenses.

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ISSUANCE OF RETAIL LICENSE

I. Conditions for establishment of the first retail store or a retail store other than the first retail store not required to conduct an ENT

– Having a financial plan in order to establish the retail store;

– Not having any overdue tax debts if the applicant has been established in Vietnam for one (1) or more years;

– The location for establishing the retail store complies with the relevant planning in the geographical market area.

Issuance of Retail License - htlaw.vn

II. Authority to issue a retail store license

Pursuant to clause 2 Article 8 of the Decree 09/2018/ND-CP, The Department of Industry and Trade (DOIT) in the locality where economic organizations have foreign investment has its retail store shall have the authority to issue a retail store license after obtaining the written approval of the Ministry of Industry and Trade (MOIT).

III. Subject of a retail store license

Retail store licenses are issued to economic enterprises with foreign owned capital which have obtained a business licencs and retail store location data.

IV. Application file for issuance of a retail store license

    1. Application for issuance of a retail store licence
    2. Explanatory document containing:

– Location for establishing the retail store: address of the store; description of the general [common] area, related areas and areas to be used for establishing the store; and an explanation on satisfaction of the conditions for establishment of a retail store, enclosing the retail store location data;

– Business plan on trading by the retail store: presentation of the business plan and market development; the labour demand; and an assessment of the impact and socio-economic efficiency of the business plan;

– Financial plan for establishment of the retail store: business operational results on the basis of the audited financial statements for the most recent year if the applicant has been established in Vietnam for one (1) year or more; and an explanation of capital, capital sources and methods for mobilizing capital, enclosing financial data.

    1. The documents from the Tax department proving that there are no overdue tax debts.
    2. Notarized copies of the audited report of the most recent year in case it has been established in Vietnam for 1 year or more or notarized copies of the confirmation of capital contribution in case it is established in Vietnam under 01 year.
    3. A notarized copy of the certificate of land use right at the location of the retail establishment
    4. Notarized copies of the ERC, Notarized copy of IRC, Notarized copies of the Business license;

V. Sequence for issuance of the first retail store and for a second or further retail store if it is not necessary to conduct an ENT

Step 1.  Lodging of the application file (2 sets) to DOIT (directly or via post or internet).

Step 2. Within three (3) working days after receipt of an application file, the DOIT shall check the file and request amendments if the file is incomplete or invalid.

Step 3. within ten (10) working days after receipt of a complete and valid application file, the DOIT shall check compliance with the conditions for establishment of a retail store.

– If the conditions are not satisfied, the licensing agency shall provide a written response setting out the reasons;

– If the conditions are satisfied, the licensing agency shall send the file requesting an opinion from MOIT.

Step 4. Within seven (7) working days after receiving the application file, MOIT shall provide written consent to issuance of the retail store license; and in the case of refusal to provide consent, shall provide a written response setting out its reasons.

Step 5. The DOIT shall issue the retail store license within three (3) working days after receipt of written consent from MOIT; but if MOIT refuses to provide consent, then the licensing agency shall in turn provide a written response [to the applicant] setting out the reasons.

       To save time learning about the law, filling out forms, and submitting documents, you can contact HTLaw for consultation and legal services related to apply for Retail License.

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PROCEDURES FOR ISSUANCE BUSINESS LICENSE

I. Cases requiring obtaining Business license

Pursuant to Clause 1 Article 5 of Decree 09/2018/ND-CP, foreign-invested business entities conducting the following activities are required to obtain a Business license:

– Perform the goods retail distribution right excluding rice; sugar, articles with recorded images; and books, newspapers and magazines;

– Perform the import right and the goods wholesale distribution right with oil and lubricants;

– Perform the retail distribution right with sugar, articles with recorded images; and books, newspapers and magazines;

– Provide logistics services excluding logistic services sub-sectors for which Vietnam has committed to open the market in international treaties of which Vietnam is a member;

– Goods leasing excluding financial leasing; except for the leasing of construction equipment which includes operators;

– Provide trade promotion services excluding advertising services;

– Provide trade intermediation services;

– Provide e-commerce services;

– Provide services of arranging tendering/bidding for goods and services.

For other activities which do not fall within the aforementioned cases, Clause 1 Article 6 Decree 09/2018/ND-CP, foreign-invested business entities, economic organizations specified in point b and c of Clause 1 Article 23 of the Investment Law are exempted from obtaining Business license. They are able to conduct goods trading and directly related activities prescribed in Clause 1 Article 3 of this Decree after registering such activities with relevant documents in accordance with the provisions of the Law on Investment and the Law on Enterprises.

Procedures for issuance Business license - htlaw.vn

II. Conditions for issuance of a Business license

Firstly, for foreign investors belong to a country or territory which is a member of an international treaty of which Vietnam is also a member and there is a commitment to open the market for goods trading and directly related activities, the Law sets out 03 conditions that must be complied with:

(a) Meet market access conditions prescribed in the international treaty of which Vietnam is a member;

(b) Having a financial plan in order to undertake the activities for which a business license is requested;

(c) Not having overdue tax debts in a case where it has been established in Vietnam for one year or more.

Secondly, for foreign investors not from a country or territory which is a member of an international treaty of which Vietnam is also a member or in a case where there is not yet a commitment to open the market for business services in international treaties of which Vietnam is a member apart from the 2 conditions:

(a) Having a financial plan in order to undertake the activities for which a business license is requested;

(b) Not having overdue tax debts in a case where it has been established in Vietnam for one year or more.

There are additional criteria must be met, namely:

– In accordance with the provisions of specialized branch law;
– In conformity with the competitive level of domestic enterprises in the same operation sector;
– Ability to create jobs for domestic workers;
– Ability to contribute and level of contribution to the State budget

Thirdly, In case of goods for which Vietnam has not committed to open its market in international treaties of which Vietnam is a member such as: oils and lubricants; oil and lubricants; rice; sugar, articles with recorded images; and books, newspapers and magazines, apart from satisfying the conditions set forth in previous paragraph, there are notable provisions:

– In the case of goods being oil and lubricants: Consideration shall be given to licensing Perform of the right to import and right of wholesale distribution to foreign-invested business entities which conducts one of the following activities:

+ Produces oil and lubricants in Vietnam;
+ Produces or is permitted to distribute in Vietnam machinery, equipment and goods using special type of oil and lubricants.

– In the case of goods being rice; sugar, articles with recorded images; and books, newspapers and magazines, consideration shall be given to licensing to Perform the retail distribution right to foreign-invested business entities which already has a retail store in the form of a supermarket, mini-supermarket or convenience store in order to conduct retail at such store.

III. Business licensing authority

The Department of Industry and Trade where the head office of the foreign capital economic organizations located shall be in charge of this.

IV. Procedures for issuance of a Business license

Step 1: Submit the documents to the Department of Industry and Trade where the head office of the foreign capital economic organizations located shall be in charge of this (directly with or sent in the post or sent via the internet).

Step 2: After receipt of the file, Department of Industry and Trade check that file and request amendment if the file is incomplete or invalid within 03 working days.

Step 3: Within ten (10) business days after receipt of a complete and valid application file, Department of Industry and Trade shall check the file’s compliance with the relevant conditions:

– In case the conditions are not satisfied, the licensing agency shall provide a written response setting out the reasons.

– In case the conditions are satisfied:

+ Department of Industry and Trade shall issue a business license to undertake the activities prescribed in point a Clause 1 Article 5 of this Decree;

+ With other activities undertaken prescribed in Article 5 Decree 09/2018, the Department of Industry and Trade shall send the file requesting an opinion from Ministry of Industry and Trade and the line ministry in accordance with the provisions the Decree.

Step 4: Within fifteen (15) days from the date of receiving the application file from Department of Industry and Trade, Ministry of Industry and Trade and the line ministry shall provide written consent (or refusal) to issuance of the business license to Department of Industry and Trade.

Step 5. Within 3 working days after receipt of the written consent (or refusal) to issuance of the business license from Ministry of Industry and Trade, Department of Industry and Trade shall issue /refuse to issue the Business license.

V. Application file for issuance of a Business license

1. Request for issuance of a business licence (on standard form);

2. Explanatory document containing:

a) Explanation on the conditions for issuance of the corresponding business license in accordance with Article 9 of this Decree;

b) Business plan: Description of the contents and method of conducting the business activities; presentation of the business plan and market development; the labour demand; and an assessment of the impact and socio-economic efficiency of the business plan;

c) Financial plan: business operation results on the basis of the audited financial statements for the most recent year if the applicant has been established in Vietnam for one year or more; and an explanation of capital, capital sources and methods for mobilizing capital, enclosing financial documents;

d) Current business status of goods trading and directly related activities; financial status of the foreign-invested business entities up until the time of the request for the business license in the case of the business license prescribed in Clause 6 Article 5 of Decree 09/2018/ND-CP.

3. Document from the tax office stating that there are no overdue tax debts;

4. Copies of the enterprise registration certificate [ERC] and of the investment registration certificate [IRC] (if applicable) for the project of goods trading and directly related activities.

VI. Time scale of application process.

15 – 35 working days after the Department of Industry and Trade receive a complete and valid application file. The time scale can vary according to different cases.

       To save time learning about the law, filling out forms, and submitting documents, you can contact HTLaw for consultation and legal services related to applying for Business license.

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    • Email: hue.truong@htlaw.vn
    • Phone number: +84 935 439 454. 
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How to get Vietnam Food Safety License?

How to get Vietnam Food Safety License? - HTlaw
How to get Vietnam Food Safety License? - HTlaw

I. What is a food safety license?

A food safety license is also known as a certificates of food safety eligibility. In essence, a food safety license is a certificate issued by competent state agencies to establishments and enterprises producing and trading food products/services in order to prove the basis, that enterprise has fully met the necessary conditions for food safety and hygiene.

II. Cases exempted from food safety license

Pursuant to Article 11, 12 of Decree 15/2018/ND-CP, food manufacturer and seller must have a food safety license when operating, except for the following cases:

– Micro food manufacturers;

– Mobile food manufacturers and sellers;

– Micro food processors;

– Micro food sellers;

– Sellers of prepackaged foods;

– Manufacturers and sellers of instruments and materials for wrapping and storing food;

– Restaurants within hotels;

– Industrial kitchens not registered as a food business;

– Street food vendors;

– Any food business that has one of the following certificates: Good Manufacturing Practices (GMP), Hazard Analysis and Critical Control Point System (HACCP), Food safety management systems ISO 22000, International Food Standard (IFS), British Retail Consortium (BRC), Food Safety System Certification (FSSC 22000) or an equivalent certificate.

III. Conditions for granting a food safety license

Pursuant to clause 1, Article 34 Law on food safety 2010, an establishment shall be granted a food safety license when it fully meets the following conditions:

– Having adequate conditions for assuring food safety suitable to each type of food production and trading as prescribed in Chapter IV of this Law;

– Having registered for food production and trading as indicated in its business registration certificate.

IV. Competence to grant a food safety license

The Minister of Health, the Minister of Agriculture and Rural Development and the Minister of Industry and Trade shall specify the competence to grant food safety licenses in their assigned management domains. (Article 35 Law on food safety 2010)

V. Order of issuing food safety license

Step 1: Organizations and individuals producing and trading food shall submit an application for a food safety license to the competent state agency corresponding to the field in which they want to do business.

Step 2: Within 15 days from the date of receipt of complete and valid dossiers, competent state agencies shall physically inspect conditions for ensuring food safety at food production and trading establishments;

Step 3: The agency competent to issue a food safety license (if eligible), in case of refusal, must reply in writing and clearly state the reason.

VI. Dossier of application for a food safety license

    1. An application for a certificate of food safety eligibility:
    2. A copy of the business registration certificate:
    3. Written explanations about the satisfaction of food safety and hygiene conditions of physical foundations, equipment and tools as prescribed by competent state management agencies:
    4. Health certificates of the establishment’s owner and persons directly engaged in food production and trading, issued by a district- or higher-level health establishment:
    5. Certificates of training in knowledge about food safety and hygiene of the establishment’s owner and persons directly engaged in food production and trading as prescribed by line ministers.

VII. Notes

– A food safety license is valid for 3 years.

– At least 6 months before the expiration date of food safety license, if the food producer or trader wishes to continue its/ his/her production or trading activities, it/he/she shall submit a dossier of application for the re-grant of food safety license.

To save time learning about the law, filling out forms, waiting to submit the dossier, you can contact HT for advice and support for Register Food Safety License.

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