The order and procedures for the application for licenses to sell alcohol on the spot
1. Traders must apply for permits to sell alcohol on the spot On 14/09/2017, the Government issued Decree No. 105/2017 / ND-CP on liquor trading (effective from 01/11/2017) in replacement of Decree No. 94/2012 / NĐ-CP, which stipulates: selling liquors consumed on the spot must have the license “Concurrently, the transitional provisions of Decree 105/2017 / ND-CP stipulate” Within 3 months from the date of this Decree Enterprises selling liquors consumed on the spot must carry out licensing procedures according to the provisions of this Decree. ” Thus, within 3 months from 01/11/2017, merchants (restaurants, restaurants, bars, discotheques, bars …) have the activity of selling alcohol directly to buyers for consumption. Used at the place of sale must carry out the procedures for granting licenses to sell alcohol on the spot.
2 . Conditions for selling alcohol on the spot Article 14 of Decree No. 105/2017 / ND-CP stipulating conditions on the sale of alcohol for consumption on the spot must meet the following requirements:
– Being enterprises, cooperatives, unions of cooperatives or business households established under the provisions of law.
– Have legal right to use fixed place of business, clear address.
– On-site consumption alcohol must be provided by a licensed trader, distributor, wholesaler or retailer of alcohol.
– To ensure the compliance with the requirements on fire prevention and fighting and environmental protection as prescribed.
– Where a trader produces his / her own alcohol for sale on the spot, he / she must have an industrial alcohol production permit or a manual liquor production permit for commercial purposes according to the provisions of this Decree.
3. The dossiers and procedures for the application for licenses to sell alcohol on the spot
3.1. A dossier of application for a license to sell alcohol on the spot (01 set) includes:
– An application for a license to sell alcohol on the spot using Form 01 issued with this Decree.
– A copy of the enterprise registration certificate, the cooperative, the cooperative union or the household business. – A copy of the lease / lease contract or document evidencing the lawful use right of the premises to be used as a place to sell alcohol on the spot.
– A copy of the liquor trading contract with traders having a license for producing, distributing, wholesaling or retailing alcohol.
– A written commitment made by the self-procuring businessman, stating clearly the contents of the trader, ensuring full satisfaction of the requirements on fire prevention and fighting and environmental protection according to the provisions of law at the places of sale. wine consumption spot.
3.2. Licensing competence:
The Economic Division or the Economic and Infrastructure Section of the people’s committee of the district, town or city of the province shall be the licensing agency for selling alcohol on the spot in districts, towns and cities under the province.
3.3. Procedure: Traders shall submit dossiers directly or via post or online (if all conditions apply) to the agencies competent to grant permits. Within 10 working days after receiving complete and valid dossiers, competent state agencies shall consider, evaluate and grant licenses to traders. In case of refusal to grant a written reply, the reasons therefor must be clearly stated. In cases where the dossiers are incomplete, within 3 working days after receiving the dossiers, the licensing agencies shall have to make written requests for supplementation.
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