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ISSUES RELATED TO TRADE ALCOHOL IN VIETNAM THAT FOREIGN INVESTORS NEED TO KNOW

You are a foreign investor wishing to invest in Vietnam to trade alcohol. However, alcohol is a special commodity, foreign investors must meet certain conditions according to Vietnamese law. In this post, HT would like to provide some of the information that foreign investors need to know before deciding to invest in Vietnam.

Alcohol trading in Vietnam is divided into the following popular areas:

– Production of alcohol;

– Distribution of alcohol;

– Wholesale of alcohol;

– Retail of alcohol.

1. Production of alcohol

1.1. Conditions for producing alcohol:

* Conditions for mass production of alcohol

    • Having an Investment Registration Certificate (IRC);
    • Having an Enterprise Registration Certificate (ERC);
    •  Production lines, machines, equipment and process of producing alcohol shall satisfy the estimated scale of production;
    • Requirements for food safety shall be satisfied;
    •  Requirements for environmental safety shall be met.
    • Alcoholic drinks shall be labeled in accordance with regulations.
    • Technicians shall have qualifications and skills suited to alcohol production lines.

* Conditions for home production of alcohol for business purposes

    • Having an Investment Registration Certificate (ERC);
    • Having an Enterprise Registration Certificate (ERC);
    • Food safety and labeling of alcohol shall be ensured.

1.2. Rights and obligations of alcohol producers

* Rights and obligations of enterprises producing mass of alcohol

    • Have the rights to sell alcohol that they produce to traders having the license for alcohol distribution/wholesaling/retailing or the license for sale of alcohol for on-premises consumption and to alcohol exporters.
    •  Have the rights to directly retail alcohol and sell alcohol for on-premises consumption that they produce at their stores.
    • Be entitled to purchase domestic semi-finished alcohol or import one to produce finished alcohol.
    • Be eligible to purchase alcohol from entities producing alcohol at home for re-preparation.
    • Comply with regulations on food safety, labeling, fire and environmental safety.
    • Make reports and fulfill other obligations specified herein.

 * Rights and obligations of enterprises producing alcohol at home for business purposes

    • Have the rights to sell alcohol that they produce to traders having the license for alcohol distribution/wholesaling/retailing or the license for sale of alcohol for on-premises consumption and to alcohol exporters.
    • Have the rights to directly retail alcohol and sell alcohol for on-premises consumption that they produce at their stores/premises.
    • Conform to regulations on environmental safety in the process of their alcohol production.
    • Make reports and fulfill other obligations specified herein.

2. Distribution of alcohol 

2.1. Conditions for distributing alcohol:

    • Having an Investment Registration Certificate (IRC);
    • Having an Enterprise Registration Certificate (ERC);
    • There should be alcohol distribution systems within at least 02 provinces or central-affiliated cities (including the administrative divisions where the alcohol distributors’ headquarters are located); at least an alcohol wholesaler within each province or central-affiliated city. If the alcohol distributor establishes a branch or business location besides its headquarters for the purpose of alcohol sale, it is not required to ask for confirmation from the alcohol wholesaler;
    • A written reference or an agreement in principle shall be made by another alcohol producer, distributor, or a foreign alcohol supplier.

2.2. Rights and obligations of alcohol distributors:

    • Import or purchase alcohol from domestic alcohol producers and other alcohol distributors according to the contents stated in-licenses;
    • Sell alcohol to alcohol distributors/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 alcohols at traders’ licensed business locations within provinces or central-affiliated cities.

3. Wholesale of alcohol:

3.1. Conditions for wholesaling alcohol

    • Having an Investment Registration Certificate (IRC);
    • Having an Enterprise Registration Certificate (ERC);
    • There is an alcohol wholesale system in the province or centrally run city where the enterprise is headquartered with at least 01 alcohol retailer. In case the enterprise establishes a branch or place of business outside its head office to trade in alcohol, there is no need for certification from the alcohol retailer;
    • There is an introduction document or in principle contract of the alcohol producer, the alcohol distributor or other alcohol wholesaler.

3.2. Rights and Obligations of alcohol wholesalers:

    • 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 alcohols at traders’ licensed business locations within provinces or central-affiliated cities.

4. Retail of alcohol

4.1. Conditions for Retailing alcohol

    • Having an Investment Registration Certificate (IRC);
    • Having an Enterprise Registration Certificate (ERC);
    • Have the right to the legal use of a fixed place of business, and a clear address;
    • Have an introduction document or in principle contract of the alcohol producer, the alcohol distributor, or the alcohol wholesaler.

4.2. Rights and Obligations of alcohol retailers:

    • 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.

II. TYPES OF LICENSES THAT FOREIGN INVESTORS NEED TO OBTAIN

FOREIGN INVESTORS TRADE-IN ALCOHOL WITH AT LEAST  5.5% ALCOHOL

1. Production of alcohol

    • Investment Registration Certificate (IRC);
    • Enterprise Registration Certificate (ERC)
    • Certificate of eligibility for food safety
    • License for alcohol production

2. Distribution of alcohol:

    • Investment Registration Certificate (IRC);
    • Enterprise Registration Certificate (ERC);
    • License for alcohol distribution.

3. Wholesale of alcohol:

    • Enterprise Registration Certificate (ERC);
    • Investment Registration Certificate (IRC);
    • License for alcohol Wholesaling.

4. Retail of alcohol:

    • Enterprise Registration Certificate (ERC);
    • Investment Registration Certificate (IRC);
    • License for alcohol Retailing

In case, foreign investors want to sell alcohol at a retail outlet, foreign investors need to apply for an alcohol retail outlet establishment license.

5. Foreign investors sell both wholesale and retail and establish an alcohol retail outlet

    • Enterprise Registration Certificate (ERC);
    • Investment Registration Certificate (IRC);
    • License for alcohol Wholesaling
    • License for alcohol Retailing
    • License for alcohol retail outlet establishment.

Agencies issue licenses

    • The Ministry of Industry and Trade: License for alcohol distribution, License for mass production of alcohol with a scale of at least 3 million liters/year;
    • Departments of Industry and Trade: License for alcohol Wholesaling, License for alcohol retail outlet establishment; License for mass production of alcohol with a scale of under 3 million liters/year
    • Offices of Economic or Offices of Economics and Infrastructure affiliated to People’s Committees of districts: License for alcohol Retailing; License for home production of alcohol for business purposes

FOREIGN INVESTORS TRADE IN ALCOHOL WITH LESS THAN 5.5% ALCOHOL

1. Conditions for trading alcohol with less than 5.5% alcohol

    • Enterprise Registration Certificate (ERC);
    • Investment Registration Certificate (IRC);
    • Register its sale with the Office of Economics or Office of Economics and Infrastructure affiliated with the People’s Committee of the district where the seller is located before doing business.

2. Rights and Obligations of trading alcohol with less than 5.5% alcohol

    • Be entitled to import, purchase and sell alcohol of legal origin;
    • Ensure alcohols are used within their shelf life required by the producer;
    • Assume responsibilities according to the Law on Prevention and Control of Harmful Effects of Alcoholic Beverages and other law regulations. It is not required to label alcohol according to Decree No. 105/2017/ND-CP regulations.

In order to save time to learn the procedures, fill out the form, translate, notarize, and wait for the application to be submitted, you can contact HT for Trading Alcohol Legal Services

Contact us

    • Email: hue.truong@htlaw.vn
    • Phone number: +84 935 439 454. 

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