It specifically stipulates the order and procedures for granting a License to produce craft alcohol for business purposes and a License to retail alcohol. This Decree takes effect when the Decree stipulates the division of authority when organizing two-level local authorities in the industrial sector, including: Authority in the electricity sector, consumer industry sector, management and development of industrial clusters, and alcohol production sector; at the same time, it clearly states the responsibilities of the People's Committees at the commune and provincial levels in state management in the fields of: Electricity, chemicals, consumer industry, management and development of industrial clusters.
In the field of Commerce, Decree 139/2025/ND-CP stipulates the division of authority in the fields of alcohol and gas trading; specifically stipulates the responsibilities of the People's Committees at the commune level in the fields of: alcohol trading, gas trading, market management, and protection of consumer rights.
The People's Committee at the commune level issues a License to produce craft alcohol for business purposes and a License to retail alcohol.
Regarding the authority in the field of alcohol production, Decree 139/2025/ND-CP clearly states: The authority to grant, re-grant, amend, supplement, and revoke the License to produce craft alcohol for business purposes, the License to retail alcohol in the area in the field of alcohol production is specified in Point c, Point d, Clause 1, Article 25; Article 33 of Decree No. 105/2017/ND-CP dated September 14, 2017 of the Government on alcohol business amended and supplemented by Decree No. 17/2020/ND-CP dated February 5, 2020, implemented by the People's Committee at the commune level.
The order and procedures for granting a License to produce craft alcohol for business purposes are prescribed as follows:
1. Traders who meet the conditions specified in Article 9 of Decree No. 105/2017/ND-CP shall submit their application directly or by post or online (if applicable) to the People's Committee of the commune where the trader has its production facility. The application includes:
a) Application for a License to produce craft alcohol for business purposes according to Form No. 01 issued with Decree No. 105/2017/ND-CP;
b) Copy of Certificate of registration of enterprise, cooperative, cooperative union or business household;
c) A copy of the Wine Product Declaration or a copy of the Certificate of Conformity Declaration or a Certificate of Compliance with Food Safety Regulations (for wines without technical regulations); a copy of the Certificate of Food Safety Eligibility, except for establishments that are small-scale food businesses as prescribed by the law on food safety;
d) List of wine product names with copies of wine product labels that the organization or individual produces or plans to produce.
2. Within 10 working days from the date of receipt of complete and valid dossiers, the People's Committee at the commune level shall review, appraise and issue a license to the trader. In case of refusal, a written response must be given stating the reasons.
3. In case the dossier is not valid, within 03 working days from the date of receiving the dossier, the People's Committee at the commune level must issue a written request for additional documents.
The order and procedures for granting a Retail Alcohol License are prescribed as follows:
1. Conditions for retail sale of alcohol
a) Is an enterprise, cooperative, cooperative union or business household established in accordance with the provisions of law;
b) Have the right to legally use a fixed business location with a clear address;
c) Have an introduction letter or contract in principle from a wine producer, wine distributor or wine wholesaler.
2. Eligible alcohol retailers submit their application directly or by post or online (if applicable) to the People's Committee of the commune where the merchant has its headquarters. The application includes:
a) Application for a Retail Alcohol License according to Form No. 01 issued with Decree No. 105/2017/ND-CP;
b) Copy of Certificate of registration of enterprise, cooperative, cooperative union or business household;
c) A copy of the lease/loan agreement or document proving the legal right to use the proposed premises as a retail location;
d) A copy of the introductory document or contract in principle of the wine producer, wine distributor or wine wholesaler.
3. Within 10 working days from the date of receipt of complete and valid dossier, the People's Committee at commune level shall review, appraise and issue a license to the trader. In case of refusal, a written response must be given stating the reasons.
4. In case the dossier is not valid, within 03 working days from the date of receiving the dossier, the People's Committee at the commune level must issue a written request for additional documents.
Authority in the field of alcohol business
Regarding the authority in the field of alcohol business, the Decree clearly states: The authority to receive reports on the situation of handmade alcohol production sold to establishments with a license to produce alcohol for reprocessing in the commune in the field of alcohol business prescribed in Clause 2, Article 32 of Decree No. 105/2017/ND-CP is implemented by the People's Committee of the province.
Source: https://phunuvietnam.vn/quy-dinh-ve-phan-dinh-tham-quyen-cua-chinh-quyen-dia-phuong-2-cap-trong-linh-vuc-quan-ly-nha-nuoc-cua-bo-cong-thuong-20250613004336857.htm
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