Currently, retail liquor sales is a sector attracting significant interest. However, to legally engage in retail liquor business activities, individuals and entities must obtain a retail liquor license as required by law. Holding a valid retail liquor license is not only a legal obligation but also a social responsibility for liquor retailers. So what should be kept in mind regarding this license?
I. Demand for retail liquor licenses
The demand for retail liquor licenses is increasing, especially in major cities, tourist areas, and entertainment zones, due to the growing number of individuals and entities entering the retail liquor business. Licensing ensures legal compliance and helps state agencies effectively monitor and control liquor -related activities, preventing fraud and smuggling, and the sale of counterfeit or substandard liquor that poses serious risks to consumer health and safety.
II. Legal provisions on retail liquor licenses
1. What is a retail liquor license?
A retail liquor license is an official document granted to individuals or businesses, authorizing them to sell alcoholic beverages directly to end consumers.
2. Conditions for obtaining a retail liquor license
According to Article 13 of Decree No. 105/2017/ND-CP, as amended by Clause 5, Article 17 of Decree No. 17/2020/ND-CP, the conditions include:
- Being a legally registered business, cooperative, union of cooperatives, or household business under Vietnamese law.
- Having lawful use rights over a fixed and clearly located business premises.
- Holding an introduction letter or a framework contract with a liquor manufacturer, distributor, or wholesaler.
3. Required documents for a retail liquor license
The application dossier must include:
- A completed application form for a retail liquor license (Form No. 01 under Decree 105/2017/ND-CP).
- A copy of the registration certificate for an enterprise/household/cooperative.
- A copy of the lease agreement or ownership documentation for the proposed retail location.
- A copy of the introduction letter or framework contract from a licensed liquor manufacturer, distributor, or wholesaler.
III. Questions about retail liquor licenses
1. Can a retail liquor license be reissued?
According to Article 27 of Decree 105/2017/ND-CP, license holders may apply for reissuance of a retail liquor license.
2. What is the validity period of a retail liquor license?
According to Point b, Clause 2, Article 28 of Decree 105/2017/ND-CP, as amended by Clause 20, Article 16 of Decree 17/2020/ND-CP:
- The validity period for handcrafted liquor production licenses for commercial purposes, distribution licenses, wholesale licenses, and retail licenses is five (05) years.
3. Can a retail liquor license be issued for a mobile business location?
Article 13 of Decree 105/2017/ND-CP requires the retail business to have a fixed, clearly defined address. Therefore, licenses cannot be granted for mobile or roaming retail locations.
4. Is a retail liquor license required for alcohol with an ABV below 5.5%?
According to Article 4 of Decree 105/2017/ND-CP, as amended by Clause 1, Article 16 of Decree 17/2020/ND-CP:
- Businesses selling liquor with an alcohol content below 5.5% are not required to obtain a retail liquor license, but must register with the District-level Economic Office or Department of Economic and Infrastructure.
5. If I already have a wholesale liquor license, do I still need a retail liquor license?
According to Clause 3, Article 18 of Decree 105/2017/ND-CP, as amended by Clause 11, Article 16 of Decree 17/2020/ND-CP:
- Wholesalers are allowed to directly sell liquor at their licensed business locations within the approved province or municipality without obtaining an additional retail license.
6. What is the validity period of a rice liquor production license for household businesses and how many copies are issued?
The license is valid for five (05) years and is issued in four (04) copies:
- 02 copies retained by the licensing authority;
- 01 copy sent to the licensed entity;
- 01 copy sent to the Department of Industry and Trade.
IV. Legal advisory services for retail liquor licensing
The above content provides answers to common concerns about retail liquor licenses, brought to you by NPLAW. If you have further questions or need legal support, please contact us using the details below:
