In the food service business, serving alcohol directly at the table to customers is a common demand at restaurants. Previously, traders selling alcohol for on-site consumption had to register with the local management agency before operating. However, from July 1, 2026, the Government's Resolution No. 66.18/2026/NQ-CP has temporarily suspended the application of business conditions and licensing procedures in the field of alcohol business. So, in the current legal context, do restaurants selling alcohol for on-site consumption still have to apply for a license or registration, and what obligations do they need to comply with? The article below will clarify current regulations, help businesses comply with the law and limit legal risks in the process of operation.
On-site sale of alcohol for consumption is the practice of selling alcohol directly to buyers for consumption at the place of sale – such as in restaurants, eateries, bars, hotels, etc.[1] .
According to Decree 105/2017/ND-CP (amended and supplemented by Decree 17/2020/ND-CP), alcohol trading is a conditional business investment industry. Traders selling alcohol with an alcohol content of 5.5 degrees or more for on-the-spot consumption and traders trading in alcohol with an alcohol content of less than 5.5 degrees must register with the Economic Division or the district-level Economic and Infrastructure Division before operating[2].
From July 1, 2026, the Government decided not to implement regulations on business conditions in the field of alcohol trading, including Clause 11, Article 5, Article 15, Clause 1, Article 16 of the Law on Prevention and Control of Harms of Alcohol and Beer No. 44/2019/QH14 and Articles 8, 9, 10, 11, 12, 13, 14, 31a, 31b, 31c of Decree 105/2017/ND-CP. [3]At the same time, procedures for granting, granting, amending, supplementing and re-issuing licenses in the field of alcohol trading (such as licenses for distribution, wholesaling, retailing of alcohol, licenses for wine production) are also not carried out[4].
Thus, during the effective period of the Resolution, restaurants and eateries selling alcohol for on-site consumption are not required to apply for a license and do not have to register with state agencies before operating, regardless of whether the alcohol content is less than or 5.5 degrees or more. However, enterprises must still take responsibility for their business activities and are not allowed to carry out prohibited acts in the prevention and control of harms of alcohol and beer.
Resolution No. 66.18/2026/NQ-CP takes effect from July 1, 2026 to the end of February 28, 2027. In case during this period there are laws, decrees or other legal documents regulating the corresponding contents promulgated and take effect, the corresponding provisions in the Resolution will cease to be effective from that time. [5]Currently, the Ministry of Industry and Trade is developing a draft Decree amending and supplementing Decree 105/2017/ND-CP, so businesses need to monitor to promptly update when new regulations are issued. Licenses and documents that have been issued before the effective date of the Resolution but are still valid will continue to be used until their expiration.
Not having to apply for a license does not mean that restaurants can trade alcohol at will. The following obligations are still being applied and are the basis for the authorities to post-inspect and sanction:
3.1. Wine must have a clear origin and origin: do not trade, store or transport counterfeit wine, smuggled wine, wine of unscrupulous quality or unknown origin and origin. [6]Restaurants should keep all invoices and documents for wine purchase; for imported wine, it is necessary to check the Vietnamese sub-label and imported wine stamp as prescribed.
3.2. Do not sell alcohol to persons under 18 years old: do not sell, supply or promote wine and beer to persons under 18 years old; do not employ employees under 18 years old to directly participate in the purchase and sale of wine and beer; at the same time, they must post notices of not selling wine and beer to persons under 18 years old at a conspicuous location of the establishment[7].
3.3. Comply with regulations on locations: do not sell alcohol and beer at places where sales are prohibited by law (such as medical establishments, educational institutions, childcare establishments, workplaces of state agencies, etc.); do not open new points of sale of alcohol and beer for on-site consumption within a radius of 100m from the premises of medical establishments, kindergartens, kindergartens,[8] kindergartens, general education institutions.
3.4. Comply with regulations on advertising and promotion: do not advertise alcohol with an alcohol content of 15 degrees or more; do not promote alcohol with an alcohol content of 15 degrees or more and do not use this type of alcohol for promotion in any form[9].
3.5. Ensuring food safety, fire prevention and fighting and environmental protection in the process of selling alcohol for on-site consumption in accordance with specialized laws[10].
See more: Corporate law consulting - Legal handbook for small and medium-sized enterprises
4.1. Misunderstanding that suspending licensing is no longer an obligation: Resolution No. 66.18/2026/NQ-CP only suspends business conditions and licensing procedures. Obligations under the Law on Prevention and Control of Harms of Alcohol and Beer and related laws must still be complied with.
4.2. Selling alcohol to people under the age of 18 or not posting notices: the restaurant must post a notice not to sell alcohol to people under the age of 18 at the place of sale. When in doubt about the age of the customer, the staff should ask the guest to show documents.
4.3. There are no invoices or documents proving the origin of alcohol: importing floating wine, wine without labels or labels not in accordance with regulations. This is the most easily sanctioned error when inspected by the authorities.
4.4. Ignore the general conditions of the restaurant: food safety, fire protection, and the obligation to declare and pay taxes on alcohol sales.
The above is a summary of new regulations on on-site alcohol trading in the context of Resolution No. 66.18/2026/NQ-CP taking effect. Although restaurants no longer have to apply for a license or registration, restaurants still need to fully comply with the obligations on customer age, product origin and advertising to avoid the risk of being sanctioned. If customers still have questions or need support in reviewing business activities, please contact Lexsol for timely advice.
[1] Clause 5, Article 3 of Decree 105/2017/ND-CP on alcohol trading (Consolidated Document No. 53/VBHN-BCT in 2020).
[2] Article 4 of Decree 105/2017/ND-CP, amended and supplemented by Decree 17/2020/ND-CP.
[3] Part B, Subsection 3.2, Section 3, Appendix I.2 promulgated together with Resolution No. 66.18/2026/NQ-CP.
[4] Part B, Subsection 3.1, Section 3, Appendix I.2 promulgated together with Resolution No. 66.18/2026/NQ-CP.
[5] Effective provisions of Resolution No. 66.18/2026/NQ-CP.
[6] Clause 12, Article 5 of the Law on Prevention and Control of Harms of Alcohol and Beer No. 44/2019/QH14.
[7] Clauses 3 and 4, Article 5 of the Law on Prevention and Control of Harms of Alcohol and Beer No. 44/2019/QH14.
[8] Article 19 and Clause 7, Article 32 of the Law on Prevention and Control of Harms of Alcohol and Beer No. 44/2019/QH14.
[9] Clause 7, Clause 9, Article 5 of the Law on Prevention and Control of Harms of Alcohol and Beer No. 44/2019/QH14.
[10] Article 4 of Decree 105/2017/ND-CP, amended and supplemented by Decree 17/2020/ND-CP.
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