Regulations on distribution of alcohol (liquor) in Vietnam

Regulations on distribution of alcohol (liquor) in Vietnam effective from 5th February, 2020

Post date: 01-02-2020

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Regulations on distribution of alcohol (liquor) in Vietnam

Regulations on distribution of alcohol (liquor) in Vietnam

“Alcohol (liquor)” means any alcohol (liquor)ic drink produced by the fermentation (with or without distillation) of starches of cereals, sugar syrups from plants and fruits or prepared from drinking alcohol (liquor) (ethanol).
Alcohol (liquor) does not include beer and fermented juice that contains less than 5% alcohol (liquor) by volume (ABV).

I. Requirements for distribution of alcohol (liquor) in Vietnam

1. The enterprise distributing alcohol (liquor) (alcohol (liquor) distributor) shall be established according to regulations of law.

2. The alcohol (liquor) distribution network shall be available in at least 2 provinces/central-affiliated cities (including enterprises where the head office is located); in each province/central-affiliated city, there shall be at least an alcohol (liquor) wholesaler. In case an enterprise establishes a branch or business location outside its head office for liquor trading, it is not required to get certification from a alcohol (liquor) wholesaler.

3. A written reference or an agreement in principle shall be made by another alcohol (liquor) producer, distributor or a foreign alcohol (liquor) supplier.

II. Rights and obligations of alcohol (liquor) distributors in Vietnam

1. General rights and obligations of alcohol (liquor) distributors in Vietnam:

a) Purchase and/or sell alcohol (liquor) with legitimate origins;

b) Publish valid copies of licenses granted by the competent authority at their premises and only purchase and/or sell alcohol (liquor) in accordance with the contents stated in such licenses, except for traders selling alcohol for on premisis consumption;

c) Make reports and fulfill other obligations specified herein.

2. Rights and obligations of alcohol (liquor) distributors in Vietnam:

a) Import or purchase alcohol (liquor) from domestic alcohol (liquor) producers and other alcohol (liquor) distributors according to the contents stated in licenses;

b) Sell alcohol (liquor) to alcohol (liquor) distributors/wholesalers/retailers or sellers of alcohol (liquor) for on-premises consumption within provinces/central-affiliated cities that have been licensed;

c) Sell alcohol (liquor) to alcohol (liquor) exporters;

d) Directly retail alcohol (liquor) at sellers” premises within provinces/central-affiliated cities that have been licensed.

III. Applications for licenses for alcohol (liquor) distribution in Vietnam

A set of application for the license for alcohol (liquor) distribution in Vietnam shall include:

1. A completed application form provided in the specimen No. 1 .

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

3 Documents on a alcohol (liquor) distribution system include one of the following two types:

a). A copy of the principle contract, a letter of confirmation or a commitment to participate in the alcohol (liquor) distribution system together with a copy of the liquor wholesale license of the trader expected to join the alcohol (liquor) distribution system;

b). A copy of the certificate of branch operation registration of the enterprise or the certificate of business location registration of the enterprise for alcohol (liquor) trading.

6. Documents related to the alcohol (liquor) supplier:

a) A copy of the written reference or the principle agreement made by another alcohol (liquor) producer, distributor or a foreign alcohol (liquor) supplier specified expected alcohol (liquor) for sale in line with the operation of the alcohol (liquor) supplier;

b) A copy of the license for alcohol (liquor) production/distribution if the alcohol (liquor) supplier is a domestic one.

Source: Decree No.105/2017/ND-CP and 17/2020/ND-CP

LAWYER VIETNAM LAW FIRM- Vietnamese Lawyers

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