Legal basis

• Law on Food safety 2010;
• Decree No. 105/2017/ND-CP dated 14/9/2017 on trade in Alcohol;
• Decree No. 17/2020/ND-CP dated 05/02/2020 amendments to some articles of decrees related to necessary business conditions in fields under the management of the Ministry of industry and trade.

1. Requirements for trading in Alcohol

1.1. Mass production of alcohol

According to Article 8 Decree No. 105/2017/ND-CP dated 14/9/2017, requirements for mass production of alcohol in Alcohol is regulated that:

• The enterprise producing mass of alcohol shall be established according to regulations of law.
• 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.

1.2. Home production of alcohol for business purposes

According to Article 9 Decree No. 105/2017/ND-CP dated 14/9/2017, requirements for home production of alcohol for business purposes is regulated that:

• The enterprise, cooperative, cooperative joint venture or household business producing alcohol at home shall be established according to regulations of law.
• Food safety and labeling of alcohol shall be ensured.

1.3. Distribution of alcohol

According to Article 11 Decree No. 105/2017/ND-CP dated 14/9/2017, amended by 16.5, 17.3 of the Decree No. 17/2020/ND-CP dated 05/02/2020 requirements for distribution of alcohol is regulated that:

• 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 a foreign alcohol supplier.

1.4. Wholesaling of alcohol

According to Article 12 Decree No. 105/2017/ND-CP dated 14/9/2017, amended by 16.6, 17.4 of the Decree No. 17/2020/ND-CP dated 05/02/2020 requirements for wholesaling of alcohol is regulated that:

• The enterprise wholesaling alcohol (alcohol wholesaler) shall be established according to regulations 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.
• A written reference or an agreement in principle shall be made by another alcohol producer, distributor or wholesaler.

1.5. Retailing of alcohol

According to Article 13 Decree No. 105/2017/ND-CP dated 14/9/2017, amended by 17.5 of the Decree No. 17/2020/ND-CP dated 05/02/2020 requirements for retailing of alcohol is regulated that:

• 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.

2. Applications for licenses for trade in alcohol

2.1. Mass production of alcohol

According to Article 19 Decree No. 105/2017/ND-CP dated 14/9/2017, amended by 16.14 of the Decree No. 17/2020/ND-CP dated 05/02/2020, Applications for licenses for mass production of alcohol is regulated that:

• A completed application form provided in the specimen No. 1 attached hereto.
• A copy of the enterprise registration certificate or equivalent legal documents.
• A copy of the Spirit Declaration or the Certificate of submission of Declaration of Conformity or the Certificate of Declaration of conformity with the food safety regulations (if the spirit is not regulated by a technical regulation); a copy of the Certificate of food safety or one of the following certificates: Good Manufacturing Practice (GMP), Hazard Analysis and Critical Control Point (HACCP), Food Safety Management Systems (ISO 22000), International Food Standards (EFS), BRC Global Food Standards (BRC) or Food Safety System (FSSC 22000)”
• A copy of the written approval of the report on environmental impact assessment or the written confirmation of registration of the plan for environmental safety or written commitment thereof granted by the competent authority.
• A manifest of alcoholic drinks and a copy of alcoholic drink labels that the enterprise has produced or intends to produce.
• A copy of any degree or certificate and the decision on recruitment or labor contract of each technician.

2.2. Home production of alcohol for business purposes

According to Article 20 Decree No. 105/2017/ND-CP dated 14/9/2017, amended by 16.15 of the Decree No. 17/2020/ND-CP dated 05/02/2020, Applications for licenses for home production of alcohol for business purposes is regulated that:

A set of application for the license for home production of alcohol for business purposes shall consist of:

• 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 Spirit Declaration or the Certificate of submission of Declaration of Conformity or the Certificate of Declaration of conformity with the food safety regulations (if the spirit is not regulated by a technical regulation); a copy of the Certificate of food safety, except for small scale food trading establishments prescribed by the Law on Food Safety
• A manifest of alcoholic drinks and a copy of alcoholic drink labels that the enterprise has produced or intends to produce.

2.3. Distribution of alcohol

According to Article 21 Decree No. 105/2017/ND-CP dated 14/9/2017, amended by 16.16, 17.7 of the Decree No. 17/2020/ND-CP dated 05/02/2020, Applications for licenses for distribution of alcohol for business purposes is regulated that:

• A completed application form provided in the specimen No. 1 attached hereto.
• 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 related to the alcohol supplier:
  • A copy of the written reference or the agreement in principle made by another alcohol producer, distributor or a foreign alcohol supplier specified expected alcohol for sale in line with the operation of the alcohol supplier;
  • A copy of the license for alcohol production/distribution if the alcohol supplier is a domestic one.

2.4. Wholesaling of alcohol

According to Article 22 Decree No. 105/2017/ND-CP dated 14/9/2017, amended by 16.17, 17.8 of the Decree No. 17/2020/ND-CP dated 05/02/2020, Applications for licenses for wholesaling of alcohol for business purposes is regulated that:

• A completed application form provided in the specimen No. 1 attached hereto.
• A copy of the enterprise registration certificate or equivalent legal documents.
• Document concerning the spirit wholesaling system includes one of the two following types:
  • A copy of the agreement in principle, confirmation letter or commitment to participating in the spirit wholesaling system enclosed with a copy of the spirit retail license of the retailer expected to participate in the spirit wholesaling system;
  • A copy of the retailer’s Certificate of registration of operation of the branch or Certificate of registration of the business location for spirit trading purpose

2.5. Retailing of alcohol

According to Article 23 Decree No. 105/2017/ND-CP dated 14/9/2017, amended by 17.9 of the Decree No. 17/2020/ND-CP dated 05/02/2020, Applications for licenses for retailing of alcohol for business purposes is regulated that:

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