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On 14 September 2017, the Government passed Decree 105/2017/ND-CP on alcohol trading to replace Decree 94/2012/ND-CP on the same area as from the effective date. Decree 105 comes into effect from 1 November 2017.
Under the new decree, the conditions for wine trading have been relaxed. For example, (i) the minimum warehouse area for alcohol distribution has been reduced to 150m2 (compared to the existing 300m2); (ii) the requirements for the trader to demonstrate financial capacity have been abolished (being VND 1 billion for alcohol distribution and VND 300 million for alcohol wholesale license); and (iii) the requirement for the trader to have minimum sufficient transportation vehicles has been abolished.
Those with an alcohol distribution license are now not just limited to selling their alcohol products to wholesalers in its distribution system, but also directly to retailers and entrepreneurs who sell wines for onsite consumption. There is also no limit on the number of alcohol trading licenses that a trader may have (e.g., a trader can hold a license for distribution, wholesale, retail sale, and retail sale for on-site consumption).
On 15 August 2017, the Ministry of Labor, Invalids and Social Affairs issued Circular No. 23/2017/TT-BLDTBXH to guide the online issuance of work permits to foreign workers in Vietnam. This circular came into effect from 2 October 2017.
Under this circular, the labour authorities have implemented an online system through which work permits may be processed. Particularly, if electing to use the online system, the work permit procedures are as follows:
- At least 7 working days before the planned date on which foreign workers start working for the employer, the employer electronically submits the declaration and application for work permit to the labour authorities through the designated website.
- Within 5 working days from the receipt of a sufficient declaration and application for work permits, the labour authorities will respond to the employer by email to confirm the conformity of the application. If the application is sufficient, the employer will, in person or by post, submit the original work permit application to the labour authority for verification and retention.
- No later than 8 working hours from the receipt of the original work permit application, the labour authority will issue its result to the employer in person or by post at the employer’s election.
However, note that while the application procedure has been streamlined, the circular does not change the type of supporting documents required for the work permit. Therefore, employers / employees are still required to prepare the required supporting documents in accordance with the law.
Please note that whilst the information in this Update is correct to the best of our knowledge and belief at the time of writing, it is only
intended to provide a general guide to the subject matter and should not be treated as a substitute for specific professional advice.
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