THE MINISTRY OF FINANCE
THE MINISTRY OF TRADE
THE MINISTRY OF INDUSTRY
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
133/1999/TTLT/BTC-BTM-BCN
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Hanoi, November 16, 1999
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JOINT CIRCULAR
ON THE AFFIXTURE OF STAMPS ON HOME-MADE
CIGARETTES
Pursuant to the Commercial Law;
Pursuant to the Government’s Decree No. 01/CP of January 3, 1996 on sanctions
against administrative violations in the field of trade and Decree No.
12/1999/ND-CP of March 6, 1999 on sanctions against administrative violations
in the field of industrial property;
Pursuant to the Prime Minister’s Directive No. 13/1999/CT-TTg of May 12, 1999
on reorganizing the production and business activities of the cigarette
industry;
Pursuant to the Prime Minister’s Decision No. 175/1999/QD-TTg of August 25,
1999 on the affixture of stamps on home-made cigarettes;
In order to combat the production and consumption of fake cigarettes,
label-imitated cigarettes and to ensure the consumers’ health and combat
deficient collection of special consumption tax;
The Ministry of Finance, the Ministry of Trade and the Ministry of Industry
hereby jointly guide the implementation as follows:
I.
SUBJECT TO STAMP AFFIXTURE
1. As from April 1st, 2000, all packed home-made
cigarettes, which are qualified to be granted certificates of registered
trademarks by the Ministry of Science, Technology and Environment and the
certificates of registered goods quality by the Ministry of Health for
circulation on markets, shall have to be affixed with stamps as prescribed,
including those produced for export and/or sale at duty-free shops.
2. Packed cigarettes produced before March 31,
2000, not yet affixed with stamps and left in stock at trade or service
establishments, may continue to be sold till the end of June 30, 2000.
For packed cigarettes, which have not yet been
affixed with stamps and left in stock at the cigarette-producing enterprises,
such enterprises shall have to organize the stamp affixture before putting
their cigarettes on sale.
3. The stamp affixture as prescribed shall have
to be conducted before packed cigarettes are delivered for sale.
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1. Cigarette stamps shall be uniformly issued by
the Ministry of Finance and sold to enterprises. The General Department of Tax
shall have to print and sell such stamps adequately and in time to the
cigarette-producing enterprises.
The quantity of cigarette stamps sold to the
enterprises shall constitute one of the bases for special consumption tax
calculation.
The selling price of the stamps shall be set by
the Ministry of Finance for each period after consulting the Ministry of
Industry.
Cigarette-producing plants shall purchase stamps
at the Tax Departments of the provinces and centrally-run cities where such
plants register tax payment and shall be subject to the Tax Departments’
inspection and supervision of stamp management and use.
2. Stamp management: The cigarette stamps shall
be managed and used under Decision No. 529 TC/TCT of December 22, 1992 on the
regime of management over prints and the Ministry of Finance’s Decision No.
137/1999/QD-BTC of November 10, 1999 on the stamp issuance and the printing,
management and use of home-made cigarette stamps.
All cases of printing, issuing or consuming of stamps
in contravention of the Ministry of Finance’s regulations shall be dealt with
according to the provisions of law.
3. Places for affixing stamps
- For soft packed cigarettes: The stamp shall be
affixed on the top end, in the middle of the pack’s mouth, symmetrically
crossed along the stamps’ length from the front to the back sides of the
cigarette pack.
- For hard packed cigarettes: The stamp shall be
affixed from the right upper of the back side to the adjacent side where the
cigarette pack is opened.
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1. Handling of violations:
1.1. As from April 1st, 2000, all packed
cigarettes, domestically produced by enterprises, shall have to be affixed with
stamps when being sold, if such enterprises fail to have their packed
cigarettes affixed with stamps according to regulations, they shall be
administratively sanctioned and have their goods confiscated. Besides,
depending on the seriousness of their violations, they may be subject to
temporary business suspension or have their business licenses or business
registration certificates stripped off.
For trade or service enterprises (including
individual households), their non-stamped packed cigarettes left in stock may
continue to be sold till the end of June 30, 2000. As from July 1st, 2000, all
home-made packed cigarettes circulated on the markets (including those in
stock, displayed for sale or transported en route) shall be confiscated if they
are not affixed with stamps as prescribed. Besides, depending on the seriousness
of their violations, they may be subject to temporary business suspension or
have their business licenses or business registration certificates stripped
off. They shall be examined for penal liability if they commit serious
violations.
1.2. Organizations and individuals that purchase
home-made cigarettes without stamps affixed thereon for consumption shall also
have such cigarettes confiscated. If they act in collusion with business
organizations and/or individuals to sell non-stamped packed cigarettes or
purchase non-stamped packed cigarettes in large volumes, they shall be examined
for penal liability.
2. Commendation:
Organizations and individuals that have merits
in the detection of or help the inspecting forces detect and/or confiscate
non-stamped home-made packed cigarettes as well as detect cases of printing,
issuing or consuming fake stamps and other acts of violations, shall be
commended and/or rewarded according to current regulations.
IV.
IMPLEMENTATION ORGANIZATION
1. The Ministry of Finance shall have to fully
issue and print the stamps to be sold to the cigarette-producing enterprises,
inspect the management and use of stamps in compliance with the current
regulations and collect special consumption tax on cigarette goods item
according to policies.
2. The Ministry of Industry shall have to
inspect and direct the cigarette-producing enterprises to comply with the
regulations on stamp affixture, direct the reorganization of
cigarette-producing enterprises in conformity with the Prime Minister’s
Directive No. 13/1999/CT-TTg of May 12, 1999.
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4. The cigarette-producing enterprises shall
have to conduct the stamp affixture according to this Circular’s regulations,
procure and install by themselves machines and equipment for affixing stamps in
conformity with stamp-affixing places as prescribed by this Circular’s
regulations and stamp specifications, manage and use cigarette stamps according
to regulations.
5. The People’s Committees of the provinces and
centrally-run cities shall direct specialized branches to inspect, detect and
strictly handle cases of violating the regulations on the affixture of stamps
on home-made packed cigarettes.
6. Any problems arising in the course of
implementation shall be promptly reported to the Ministry of Finance, the Ministry
of Trade and the Ministry of Industry for study and settlement.
FOR THE MINISTER OF TRADE
VICE MINISTER
Ho Huan Nghiem
FOR THE MINISTER OF FINANCE
VICE MINISTER
Pham Van Trong
FOR THE MINISTRY OF INDUSTRY
VICE MINISTER
Le Huy Con