Today, LSX Lawfirm will give you an article about: “Procedure to apply for a license to distribute alcohol in Vietnam”, as follows:
Law on prevention and control of harmful effects of alcoholic beverages 2019
Decree No. 105/2017/ND-CP
Decree No. 17/2020/ND-CP
Decree No. 98/2020/ND-CP
Circular No. 168/2016/ND-CP
Procedure to apply for a license to distribute alcohol in Vietnam
- Firstly, how to do it:
Enterprises submit dossiers directly or by post or online (if eligible) to the Ministry of Industry and Trade.
- Secondly, time limit for settlement:
So, within 15 working days from the date of receipt of complete and valid dossiers, competent state agencies shall consider, appraise and grant licenses to traders. In case of refusal, a written reply must be given clearly stating the reason.
In case there are not enough valid dossiers, within 03 working days from the date of receiving the dossiers, the licensing agency must make a written request for supplementation.
- Thirdly, licensing agency: The Ministry of Industry and Trade is the agency that issues the license to distribute alcohol in the provinces and centrally-run cities.
You can also refer to the article related to Conditions for liquor distribution business license, Dossier of application for a license to distribute alcohol or Conditions for applying for a liquor business license.
Prohibited acts related to Procedure to apply for a license to distribute alcohol in Vietnam
- Inciting, persuading and forcing another to consume alcoholic beverages.
- Then, consumption of alcoholic beverages by persons under 18 years of age (hereinafter referred to as “minors”).
- Then, sell, supply and offer discounts on alcoholic beverages to minors.
- Employing minors to directly engage in production, purchase and sale of alcoholic beverages.
- Consumption of alcoholic beverages during working and learning hours and break time by officials, public employees and employees working for organizations, officers, enlistees, non-commissioned officers, soldiers and persons working for People’s Armed Force, and students.
- Operating vehicles under the influence of alcohol.
- Advertising spirits having at least 15% ABV.
- Providing inaccurate and misleading information about effects of alcoholic beverages on health.
- Running sales promotions of alcoholic beverages having at least 15% ABV; using alcoholic beverages having at least 15% ABV to run sales promotions in any shape or form.
- Using raw materials, additives and food processing aids not permitted for use in food; raw materials, additives and food processing aids that are unqualified and of unknown origins for production and preparation of alcoholic beverages.
- Then, trade in spirits without any license or registration; selling alcoholic beverages using vending machines.
- Trading in, possessing and transporting alcoholic beverages that are counterfeit, illegally imported, unqualified and of unknown origin, illegally importing alcoholic beverages.
- Finally, other prohibited acts related to alcoholic beverages as prescribed by law.
1. Health facilities.
2. Educational institutions during teaching, learning and working hours.
3. Nursing care centers and recreational centers for minors.
4. Rehabilitation centers, compulsory educational institutions, reform schools, prisons and other detention facilities.
5. Social protection centers.
6. Workplaces of regulatory authorities, political organizations, socio-political organizations, socio-political-professional organizations and public service providers during working hours, except for places where the trade in alcoholic beverages is allowed.
7. Public places prescribed by the Government.
Counterfeit and unqualified alcoholic beverages and alcoholic beverages illegally imported and of unknown origins shall be confiscated and handled as prescribed by law.
Organizations and individuals shall cooperate with competent authorities in prevention and control of counterfeit and unqualified alcoholic beverages and alcoholic beverages illegally imported and of unknown origins.
The Ministry of Industry and Trade and Ministry of Health shall, within their jurisdiction, provide guidance on addition of indicators to alcoholic products not permitted for use in food for the purposes of distinguishing them from food-grade alcohol and preventing the preparation of spirits from alcoholic products not permitted for use in food.
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