Is it permissible to open a liquor store near general education institutions in Vietnam?
Is it permissible to open an alcoholic beverages store near general education institutions in Vietnam? What are requirements for conditions for issuance of the license for mass production of spirits having at least 5.5% ABV in Vietnam?
I've been saving a quite amount of money after years of working. Now, I want to open an alcoholic beverages store. My place is in the center of the city, quite crowded and near general education institutions. Besides, there is no other alcoholic beverages store in that area. In that case, is it permissible for me to open one? What are requirements for conditions for issuance of the license for mass production of spirits having at least 5.5% ABV in Vietnam? Looking for your consultancy. Thank you!
<subquestion>Is it permissible to open an alcoholic beverages store near general education institutions in Vietnam?</subquestion>
Pursuant to Article 32 of the Law on Prevention and Control of Harmful Effects of Alcoholic Beverages in 2019 stipulating responsibilities of alcoholic beverage traders in Vietnam as follows:
1. Regulations on conditions for trade in alcoholic beverages, and on alcoholic beverage advertising, sales promotion, sponsorship, food safety, quality, standards, technical regulations and labeling shall be complied with. Information about alcoholic beverages must be accurate and appropriate.
2. Information about its trade shall be provided at the request of competent authorities in a sufficient and accurate manner.
3. Employees under 18 years of age shall not be employed to directly engage in trading in and advertising alcoholic beverages.
4. Unqualified alcoholic beverages they produce, purchase and sell shall be recalled and handled in accordance with regulations of law on food safety.
5. Any establishment that sells alcoholic beverages shall post a notice stating that persons under 18 years of age cannot buy alcoholic beverages. If the age of a buyer cannot be ascertained, the seller has the right to ask for his/her proof of identity.
6. Every on-premise establishment shall remind customers not to drive after consumption and shall assist them in hiring vehicles or using public transport after consumption.
7. From the effective date of this Law, it is not allowed to open new on-premise establishments within 100m from health facilities, nurseries, infant schools, kindergartens and general education schools.
As regulations above, you are only permissible to an alcoholic beverages store outside a radius of 100m from the general education institutions in Vietnam.
<subquestion>What are requirements for conditions for issuance of the license for mass production of spirits having at least 5.5% ABV in Vietnam?</subquestion>
Pursuant to Article 15 of the same Law stipulating management of trade in beverage traders in Vietnam as follows:
1. Conditions for issuance of the license for mass production of spirits having at least 5.5% ABV:
a) The enterprise is established as prescribed by law;
b) Production line, machinery, equipment and sprit production process appropriate to the estimated scale of production are available.
c) Food safety and environmental protection requirements are satisfied;
d) Technicians whose qualifications are suitable for spirit production are available.
2. Conditions for issuance of the license for home production of spirits having at least 5.5% ABV for business purposes, except in the case specified in Clause 3 of this Article:
a) The enterprise, cooperative, inter-cooperative or business household is established as prescribed by law;
b) Food safety and environmental protection requirements are satisfied.
3. Conditions to be satisfied by a household or individual that produces spirits having at least 5.5% ABV at home and sells it to the holder of the spirit production license for re-preparation:
a) The household/individual has concluded a sales contract with the holder of the spirit production license and registered with the People’s Committee of the commune where the production facility is located;
b) Food safety and environmental protection requirements are satisfied.
4. Conditions for issuance of the license for purchase and sale of spirits having at least 5.5% ABV:
a) Business is registered as prescribed by law;
b) Conditions applied to each type of business are satisfied.
5. The Government shall elaborate this Article and prescribe the management of trade in spirits having less than 5.5% ABV.
