THE
GOVERNMENT
-------
|
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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|
No.
67/2013/ND-CP
|
Hanoi, June
27, 2013
|
DECREE
ELABORATING SOME ARTICLES AND MEASURES FOR IMPLEMENTATION THE
LAW ON TOBACCO HARM PREVENTION APPLICABLE TO TOBACCO TRADING
Pursuant to the Law on Government
organization dated December 25, 2001;
Pursuant to the Law on Tobacco harm
prevention dated June 18, 2012;
At the request of the Minister of
Industry and Trade,
The Government promulgates a Decree
elaborating some articles and measures for implementation the law on tobacco
harm prevention applicable to tobacco trading.
Chapter 1.
GENERAL PROVISIONS
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This Decree elaborates some articles and
measures for implementation the law on tobacco harm prevention applicable to
tobacco trading, in particular:
1. The conditions for producing, trading
in tobacco, processing tobacco ingredients, investing in areas where tobacco
ingredients are planted and sold, selling tobacco; exporting, importing
machinery, equipment, ancillary materials and tobacco; prevention of smuggling
and trade fraud.
2. Investment in manufacture of tobacco,
processing tobacco ingredients, transfer of industrial property rights,
transfer of the right to use subjects of industrial property related to tobacco
manufacturing
3. Manufacture and processing of tobacco
for export; processing of tobacco ingredients for export.
4. Control of domestic sale of tobacco, announcement
of permissible quantity of imported and exported of tobacco.
Article 2. Subjects
of application
1. This Decree is applicable to the
organizations and individuals engaged in tobacco business and other activities
related to tobacco business within Vietnam’s territory.
2. Foreign traders, foreign enterprises
in Vietnam regulated by this Decree and relevant legislative documents.
3. This Decree is not applicable to the
import and sale of tobacco at duty-free shops. The sale of tobacco in non-tariff
zones shall comply with regulations of the Government.
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In this Decree, the terms below are
construed as follows:
1. Tobacco leaves are leaves of the
tobacco plant (scientific name Nicotiana tabacum L and Nicotiana rustica) that
are raw materials for processing tobacco ingredients.
2. Tobacco is a product that is
manufactured wholly or partially from tobacco ingredients, and in the form of
cigarettes, cigars, shredded tobacco that are used for smoking pipes, smoking,
chewing, or sniffing.
3. Tobacco shreds are products processed
from tobacco leaves that are shredded.
4. Shredded tobacco is tobacco that are
manufactured wholly or partially from tobacco ingredients, and made in the form
of tobacco shreds that are used for smoking pipes, rolling, smoking, and
chewing.
5. Ancillary materials are all supplies
other than tobacco ingredients that are used for manufacturing tobacco
products.
6. State import of tobacco is the
mechanism for importing tobacco by which the State appoints major importers of
tobacco.
7. Permissible quantity of tobacco
manufacturing and import is the amount of tobacco that an enterprise, which has
a License for tobacco manufacturing, is permitted to manufacture or import to
sell at home.
8. Tobacco ingredient processing is a
process by machinery and equipment in order to create tobacco ingredients.
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10. Tobacco distributors are traders
that purchase tobacco directly from tobacco suppliers and sell them to tobacco
wholesalers.
11. Tobacco wholesalers are traders that
purchase tobacco from tobacco distributors and tobacco suppliers to sell to
tobacco retailers
12. Tobacco retailers are traders that
purchase products from tobacco wholesalers and sell them to consumers.
13. Investment in tobacco cultivation
are enterprises providing capital and technologies for planting, cultivating,
and harvesting tobacco ingredients, or providing capital (cash, supplies,
goods, etc.) and technologies for planters to plant, cultivate, and harvest
tobacco.
14. Tobacco manufacturing productivity
is the capacity of machinery and equipment for manufacturing product.
Article 4. Tobacco
business management
1. The State shall unify the management
of the investment, manufacture, sale, export, import of tobacco, and other
activities related to the sale of tobacco and tobacco ingredients.
2. Tobacco is in the list of goods restricted
from business. Organizations and individuals that manufacture, trade in
tobacco, process tobacco ingredients, and make investments in tobacco
cultivation must obtain licenses.
3. The State shall control the supply of
tobacco to the market (including quantities of manufactured and imported
tobacco), appoint major tobacco importers, and control the sale of tobacco on
the market to reduce tobacco harm.
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5. The State shall strictly control the
trade in tobacco by the Network of tobacco trade.
6. Machinery and equipment used for
tobacco manufacturing, ingredients, cigarette papers, and tobacco are goods under
the management of the Ministry of Industry and Trade.
Chapter 2.
INVESTMENT, TRADING, AND PROCESSING
TOBACCO INGREDIENTS
Article 5.
Investment in tobacco cultivation and use of tobacco variations
1. The investment in areas where tobacco
plants are planted in each locality must be conformable with the planning for
tobacco ingredient area approved by competent state authorities and local land
planning.
2. The use of tobacco variations must
comply with the laws on management of plant varieties.
Article 6.
Classification of tobacco ingredients
1. Tobacco planters, enterprises that
plant, process, trade in tobacco ingredients shall classify tobacco ingredients
in accordance with law.
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Article 7.
Conditions for the issuance of the Certificate of eligibility to invest in
tobacco cultivation.
Conditions for the issuance of the Certificate
of eligibility to invest in tobacco cultivation:
1. The trade in tobacco ingredients is
registered.
2. Investment scale, infrastructure,
equipment, and personnel:
a) The area for tobacco cultivation is
at least 100 hectares a year
b) The premises where ingredients are
sold include the classification sector, packaging sector, and storage sector
that suit the business scale;
c) The area of the warehouse of tobacco
ingredients must not be smaller than 500m2. The warehouse must have
a ventilation system and equipment that suitable for the preservation of the
tobacco ingredients, including: thermometer and hygrometer to monitor the
temperature and relative humidity of the air in the warehouse, equipment for
pest prevention; the shelves and platforms where tobacco ingredients are put
must be installed at least 20 cm from the ground and 50 cm from the walls and
pillars;
d) Employees are proficient and
experienced in investment management, technical support, and ingredient
purchase. Every employee must hold at least an intermediate degree in
agriculture. Each technician is in charge of no more than 50 hectares of
tobacco plantation.
3. Condition for trading in tobacco
ingredients.
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4. Environment protection and fire and
explosion prevention.
Vehicles and equipment serving fire
prevention and fighting and environment protection must be adequate.
Article 8.
Application for the Certificate of eligibility to invest in tobacco cultivation
1. A written request for the Certificate
of eligibility to invest in tobacco cultivation.
2. A copy of the Certificate of Business
registration.
3. The declaration of the area, floor
plan of the warehouse, workshop, office, and other ancillary sites.
4. The manifest of equipment:
ventilation system, fire prevention and fighting equipment, hygrometer,
thermometer, pest prevention equipment, shelves and platforms.
5. The list of employees, copies of
labor contract and intermediate degrees in agriculture (or higher) of
investment managers, technical supporters, and ingredient purchasers.
6. Copies of contracts to invest in
tobacco cultivation signed with planters and the statement of planting area and
estimated quantity of tobacco leaves.
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1. The enterprise is established within
the law and the trade in tobacco ingredients is registered.
2. The business location is definite.
3. Infrastructure, equipment, and
personnel:
a) The means of transport are suitable
for the business scale and the preservation of tobacco ingredients during the
transport;
b) The area of the tobacco ingredient
warehouse is at least 1000 m2. The warehouse must have a ventilation
system and equipment that suitable for the preservation of the tobacco
ingredients, including: thermometer and hygrometer to monitor the temperature
and relative humidity of the air in the warehouse, equipment for pest
prevention; the shelves and platforms where tobacco ingredients are put must be
installed at least 20 cm from the ground and 50 cm from the walls and pillars;
d) Employees are proficient and hold at
least intermediate degrees in agriculture or above.
4. Contracts to entrust the import of
tobacco ingredients are signed with tobacco manufacturers, enterprises that
process tobacco ingredients, or contracts to entrust the export of tobacco
ingredients signed with enterprises eligible to invest in tobacco cultivation
or enterprises that process tobacco ingredients.
5. Environment protection and fire and
explosion prevention.
Vehicles and equipment serving fire
prevention and fighting and environment protection must be adequate.
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1. The written request for the License
to trade in tobacco ingredients
2. A copy of the Certificate of Business
registration.
3. The declaration of the area, floor
plan of the warehouse, workshop, office, other ancillary sites, and means of
transport.
4. The manifest of equipment:
ventilation system, fire prevention and fighting equipment, hygrometer,
thermometer, pest prevention equipment, shelves and platforms.
5. The list of employees, copies of
labor contract and intermediate degrees in agriculture (or higher) of
ingredient purchasers.
6. Copies of contracts to entrust the
import of tobacco ingredients are signed with tobacco manufacturers or
enterprises that process tobacco ingredients, or contracts to entrust the
export of tobacco ingredients signed with enterprises eligible to invest in
tobacco cultivation or enterprises that process tobacco ingredients.
Article 11.
Authority and procedure for issuing the Certificate of eligibility to invest in
tobacco cultivation and the License to trade in tobacco ingredients
1. Authority to issue the Certificate of
eligibility to invest in tobacco cultivation and the License to trade in
tobacco ingredients:
Services of Industry and Trade of
central-affiliated cities and provinces (hereinafter referred to as Services of
Industry and Trade) shall issue, reissue, and adjust the Certificate of
eligibility to invest in tobacco cultivation and License to trade in tobacco
ingredients to local enterprises.
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a) Each enterprise that invests in
tobacco cultivation and each enterprise that trades in tobacco ingredients
shall submit 01 application for the Certificate of eligibility to invest in
tobacco cultivation or License to trade in tobacco ingredients to the Service
of Industry and Trade;
b) Within 10 working days from the day
on which the valid application is received, the Service of Industry and Trade
shall consider issuing the Certificate of eligibility to invest in tobacco
cultivation or License to trade in tobacco ingredients. If the aforesaid
conditions are not met, the Service of Industry and Trade shall issue a written
refusal and provide explanation.
c) If the application is not sufficient,
the Service of Industry and Trade shall request the enterprise to supplement
the application within 05 working days from the day on which the application is
received.
3. Making and storing the Certificate of
eligibility to invest in tobacco cultivation and the License to trade in
tobacco ingredients.
The Certificate of eligibility to invest
in tobacco cultivation and the License to trade in tobacco ingredients shall be
made into 04 copies; 02 copies are kept by the Service of Industry and Trade,
01 copy is sent to the Ministry of Industry and Trade, and 01 copy is sent to
the applicant.
4. Each Certificate of eligibility to
invest in tobacco cultivation and License to trade in tobacco ingredients is
valid for 05 years. Before the expiration date, the applicant shall submit 01
application for its reissuance if they wish to continue operating. The
documentation and procedure for the reissuance are specified in Article 39 of
this Decree.
Article 12. Conditions
for the issuance of the License to process tobacco ingredients
1. The enterprise is established within
the law and the tobacco ingredient processing is registered.
2. Infrastructure, equipment, and
personnel:
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b) Unprocessed tobacco ingredients and
processed tobacco ingredients are stored in separate warehouses. The warehouse
must have a ventilation system, thermometer and hygrometer to monitor the
temperature and relative humidity of the air in the warehouse, equipment for
pest prevention; the shelves and platforms where tobacco ingredients are put
must be at least 20 cm from the ground and 50 cm from the walls and pillars;
c) Synchronous machinery and equipment
are used to produce shredded tobacco, tobacco flakes and other substitute
ingredients used for manufacturing tobacco. The ingredient processing line must
be specialized and meet standards of industrial hygiene, occupational safety,
and environmental hygiene;
d) Adequate devices are used to inspect
the quality of ingredients before and after processing;
dd) All machinery has legal origins;
e) Contracts are signed with employees
that hold at least college degrees in mechanics and technologies.
3. Contracts to invest in tobacco
cultivation are signed with tobacco planters, or ingredient sale contracts are
signed with enterprises that invest in tobacco cultivation.
4. Standards of tobacco ingredients
The quality must meet the national
technical standards and current regulations on quality.
5. Environment protection and fire and
explosion prevention.
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6. Location of the processing facility
The location of the processing facility
must conform with the Strategy and Planning for tobacco production and tobacco
ingredients areas that are approved by competent authorities.
Article 13.
Application for the License to process tobacco ingredients
1. The written request for the License
to process tobacco ingredients.
2. A copy of the Certificate of
Enterprise registration or Certificate of Business registration.
3. The declaration of area, floor plans
of the classification sector, processing sector, packaging sector, warehouses,
offices, and other ancillary sectors.
4. The manifest of synchronous machinery
and equipment for tobacco ingredient processing, equipment for inspecting the
quality of ingredients before and after processing, ventilation system, fire
prevention and fighting equipment, hygrometer, thermometer, pest prevention
equipment, shelves and platforms.
5. Documents proving legal origins of
machinery and equipment.
6. The list of employees.
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8. Copies of contracts to invest in tobacco
cultivation signed with tobacco planters and ingredient sale contracts signed
with enterprises that invest in tobacco cultivation.
9. Copies of Certificate of qualified
tobacco ingredients issued by competent authorities.
Article 14.
Authority and procedure for the issuance of the License to process tobacco
ingredients
1. Authority to issue the License to
process tobacco ingredients
The Ministry of Industry and Trade shall
issue, reissue, and adjust the License to process tobacco ingredients.
2. Procedure of issuing the License to
process tobacco ingredients:
a) The enterprise that processes tobacco
ingredients shall submit 01 application for the License to process tobacco
ingredients to the Ministry of Industry and Trade;
b) Within 20 working days from the day
on which the valid application is received, the Ministry of Industry and Trade
shall consider issuing the License to process tobacco ingredients. If the
aforesaid conditions are not met, the Ministry of Industry and Trade shall
issue a written refusal and provide explanation.
c) If the application is not sufficient,
the Ministry of Industry and Trade shall request the enterprise to supplement
the application within 07 working days from the day on which the application is
received.
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The License to process tobacco
ingredients shall be made into 04 copies; 02 copies are kept by the Ministry of
Industry and Trade, 01 copy is sent to the applicant, and 01 copy is sent to the
Service of Industry and Trade of the locality where the head office of the
enterprise is situated.
4. Each License to process tobacco
ingredients is valid for 5 years. 30 days before the expiration date, the
enterprise that processes tobacco ingredients shall submit 01 application for
the reissuance if they wish to continue operating. The documentation and
procedure for the reissuance are specified in Article 39 of this Decree.
Article 15. Rights
and obligations of enterprises that invest, trade in tobacco ingredients, and
process tobacco ingredients
Apart fro the rights and obligations
stipulated by the laws on enterprises, the enterprises that invest in tobacco
cultivation, trade in tobacco ingredients, and process tobacco ingredients also
have the rights and obligations below:
1. The enterprises that have the
Certificate of eligibility to invest in tobacco cultivation are entitled to
choose the area and tobacco planters in accordance with the Planning for
tobacco production and tobacco ingredient area. Sign contracts to invest in
tobacco cultivation and to purchase tobacco ingredients with tobacco planters;
sign contracts to sell tobacco ingredients with enterprises that have the
License to manufacture tobacco or to process tobacco ingredients.
2. Enterprises that have the License to
trade in tobacco ingredients may only import tobacco ingredients on behalf of
the enterprises that have the License to manufacture tobacco or License to
process tobacco ingredients; export tobacco ingredients on behalf of the
enterprises that have the Certificate of eligibility to invest in tobacco
cultivation or License to process tobacco ingredients.
3. The enterprises that have the License
to process tobacco ingredients may use machinery and equipment suitable for
processing tobacco ingredients.
4. Enterprises that invest in tobacco
cultivation must put up signboards saying their trade names at purchase posts;
provide the tobacco ingredient classification criteria and tobacco ingredient
samples at purchase posts.
5. Enterprises that invest in tobacco
cultivation, trade in tobacco ingredients, or processing tobacco ingredients
must maintain the conditions for licensing throughout their operation.
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Article 16. Fund
for planting and processing tobacco ingredients
1. Enterprises that invest in tobacco
cultivation may establish a fund for planting and processing tobacco
ingredients in order to develop the tobacco ingredient area.
2. The establishment of the fund for
planting and processing tobacco ingredients must comply with regulations of the
Ministry of Finance.
Chapter 3.
MANUFACTURE OF TOBACCO
Article 17.
Conditions for the issuance of the License to manufacture tobacco
1. Enterprises that manufacture tobacco
before the issuance date of the Government’s Resolution No. 12/2000/NQ-CP dated
August 14, 2000 on National Policy on prevention of tobacco harm 2000 – 2010,
or the enterprises that have their investment policies agreed by the Prime
Minister when merging or cooperating in tobacco manufacturing
2. Conditions of investment and use of
tobacco ingredients planted at home
a) Enterprises must participate in
investment in tobacco cultivation in the form of direct investment or
cooperation with enterprises that have the Certificate of eligibility to invest
in tobacco cultivation in accordance with the approved Planning for tobacco
ingredient area;
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3. Requirements of machinery and
equipment:
a) Adequate machinery and equipment are
used for rolling and packaging cigarettes;
b) Cigarettes must be rolled and
packaged by automated lines, except for traditional products that need manual
works;
c) Adequate devices are used for
measuring and inspecting quality criteria, such as weight, circumference, and
depression of the cigarettes. Enterprises may hire other capable service
providers to inspect other physical, chemical, and hygiene criteria of
cigarettes. The inspection results must be systematically kept for a longer
period of time than the shelf life of products (06 months);
d) All machinery and equipment used for
tobacco manufacturing have legal origins.
4. Technical regulations and standards
of tobacco.
Enterprises must comply with standards and
National Technical Regulations on tobacco.
5. Requirements of brand ownership.
Enterprises must acquire legal ownership
or right of use of the brands registered and protected in Vietnam.
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Vehicles and equipment serving fire
prevention and fighting and environment protection must be adequate.
Article 18.
Conditions for the issuance of the License to manufacture tobacco
1. The written request for the License to
manufacture tobacco.
2. A copy of the Certificate of
Enterprise registration or Certificate of Business registration that covers the
tobacco manufacturing.
3. A report on the performance of the
enterprise over the last 03 years (if any) and estimated production in the next
05 years (specifying the production of each product).
4. The manifest of machinery and
equipment for rolling and packing cigarettes (productivity of each stage).
5. Documents proving legal origins of
machinery and equipment.
6. Contracts to process shredded
tobacco, contracts for quality inspection services (if any).
7. The declaration of the area, floor
plan of the storage, workshop, office, and other ancillary sites.
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9. Copies of the Declaration of
conformity with National Technical Regulations on tobacco.
10. Copies of documents proving the
investment in the development of tobacco ingredient areas.
Article 19.
Authority and procedure for issuing the License to manufacture tobacco
1. Authority to issue the License to
manufacture tobacco:
The Ministry of Industry and Trade shall
issue, reissue, and adjust the License to manufacture tobacco.
2. Procedure for issuing the License to
manufacture tobacco:
a) The enterprise that manufactures
tobacco shall submit 01 application for the License to manufacture tobacco to
the Ministry of Industry and Trade;
b) Within 20 working days from the day
on which the valid application is received, the Ministry of Industry and Trade
shall consider issuing the License to manufacture tobacco. If the aforesaid
conditions are not met, the Ministry of Industry and Trade shall issue a
written refusal and provide explanation.
c) If the application is not sufficient,
the Ministry of Industry and Trade shall request the applicant to supplement
the application within 07 working days from the day on which the application is
received.
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The License to manufacture tobacco shall
be made into 04 copies; 02 copies are kept by the Ministry of Industry and
Trade, 01 copy is sent to the applicant, and 01 copy is sent to the Service of
Industry and Trade of the locality where the head office of the enterprise is
situated.
4. Each License to manufacture tobacco
is valid for 05 year. 30 days before the expiration date, the tobacco
manufacturer shall submit 01 application for the reissuance of the License to
manufacture tobacco if they wish to continue manufacturing. The documentation
and procedure for the reissuance are specified in Article 39 of this Decree.
Article 20.
Quantity of manufactured and imported tobacco
1. The total quantity of tobacco
manufacturingd and imported to be sold at home must not exceed the total
production of tobacco announced by the Ministry of Industry and Trade before
the issuance date of the Law on Tobacco harm prevention.
2. The total quantity of tobacco
manufacturingd and imported by an enterprise to be sold at home must not exceed
the production in the License to manufacture tobacco.
3. Based on the performance of the
enterprise in 03 years and the production plan for the next 05 years, the
Ministry of Industry and Trade shall consider and announce the permissible quantity
of tobacco manufacturingd and imported of each tobacco manufacturer in the next
05 year in the License to manufacture tobacco.
4. The quantity of tobacco
manufacturingd by enterprises (converted into 20-cigarette packs) must reach at
least 100 million packs per year (including domestic sale and export). If this
target is not reached, the business line must be changed or the enterprise must
be merged into another enterprise that has the License to manufacture tobacco.
Article 21.
Manufacturing capacity and redistribution of manufacturing capacity
1. The tobacco manufacturing capacity of
each enterprise and the whole tobacco industry is the capacity of machinery and
equipment on the issuance date of the Government’s Resolution No. 12/2000/NQ-CP
dated August 14, 2000, which is determined and announced by the Ministry of
Industry before the issuance of the Law on Tobacco harm prevention.
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3. Where a tobacco manufacturer, which
has a market for tobacco and is licensed to manufacture tobacco by the Ministry
of Industry and Trade, is not capable, it is entitled to:
a) Have tobacco processed by the
enterprises with excess capacity for tobacco manufacturing;
b) Renting, borrowing, or buying
machinery and equipment from enterprises with excess capacity for tobacco
manufacturing after the Ministry of Industry and Trade makes a written
approval.
4. Redistribution of tobacco
manufacturing capacity.
The Ministry of Industry and Trade shall
redistribute the tobacco manufacturing capacity from enterprises with excess
capacity without feasible plans for utilizing it to the incapable enterprises
that have license for manufacture and market. In particular:
a) Consensus shall be reached among
tobacco manufacturers in order to ensure their benefits;
b) Where enterprises fail to reach a
consensus according to Clause 3 of this Article, the redistribution of machinery
and equipment among tobacco manufacturers shall comply with law.
Article 22. Tobacco
brands
1. Tobacco shall only be sold after it
has intellectual property rights protected in Vietnam.
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3. Only enterprises having Licenses to
manufacture tobacco are allowed to print labels or sign contracts with printing
facilities to print tobacco labels.
Article 23. Rights
and obligations of tobacco manufacturers
Apart fro the rights and obligations
stipulated by law, tobacco manufacturers also have the following rights and
obligations:
1. Establishing a system for
distributing and wholesaling the tobacco they produce and retail tobacco at
their affiliated shops without the License to retail tobacco.
2. Distributing tobacco they produce
(directly or via branches or affiliates) to enterprises that have licenses for
tobacco distribution or wholesaling.
3. Announce the fundamental standards of
products and ensure the conformity of their tobacco with National Technical
Regulations on tobacco.
Chapter 4.
INVESTMENT IN TOBACCO MANUFACTURING
Article 24.
Requirements and procedure for investment in upgrading equipment and technologies;
investment in manufacture and processing of tobacco for export; moving;
investment in tobacco ingredient processing
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a) Investments in tobacco manufacturing
must be conformable with Tobacco manufacturing and tobacco ingredient area
planning and business plans of enterprises;
b) Do not make new investments, expand
the scale or capacity of tobacco factories that exceed the total capacity of
the tobacco industry, which is determined by the Ministry of Industry according
to Article 21 of this Decree;
c) The investment in machinery and
equipment and tobacco manufacturing technologies must be suitable for the scale
and production plan of the enterprise.
2. The procedure for making investments
in upgrading equipment and technologies, manufacture and processing of tobacco
for export and moving:
a) An enterprise that has a License to manufacture
tobacco or License to process tobacco ingredients shall send an application and
the investment scheme to the Ministry of Industry and Trade. The application
must specify the project name, location, relevant specifications, scale,
production, efficiency, and the plan for handling the machinery and equipment
being replaced (if they are replaced);
b) Within 15 working days from the day
on which the valid application is received, the Ministry of Industry and Trade
shall make a written reply. If the application is not valid, the Ministry of
Industry and Trade shall send a written request to the enterprise in writing
for the supplementation of the application within 07 working days from the day
on which the application is received. If the enterprise fails to meet the
requirements, the Ministry of Industry and Trade shall makes a written refusal
and provide explanation;
c) After the Ministry of Industry and
Trade makes the written approval, the enterprise shall make investment in
accordance with the procedure for investment and fundamental construction
required by law;
d) The enterprise shall send the
Ministry of Industry and Trade a report on the settlement of machinery and
equipment that are replaced during the investment.
Article 25. Foreign
investment in tobacco manufacturing
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a) Investments in tobacco manufacturing
must be conformable with Tobacco manufacturing and tobacco ingredient area
planning;
b) Investment is made on the basis of
cooperation with enterprises that have License to manufacture tobacco to
upgrade technologies and equipment, improve the quality and value of products;
c) The state capital shall make up a
predominant part in the charter capital of the enterprise (for join-venture);
d) The requirements in Article 17 of
this Decree are satisfied;
d) The cooperation is permitted by the
Government at the request of the Ministry of Industry and Trade.
2. Procedure for foreign investment in
the form of cooperation in tobacco manufacturing:
a) Parties of the joint venture shall
send the joint venture scheme, the joint venture contract, and the application
to the Ministry of Industry and Trade;
The application must specify the project
name, location, relevant specifications, scale and targets, production of each
product, efficiency, plan for investment in machinery and equipment and
handling the machinery and equipment replaced.
b) Within 30 working days from the day
on which the application and all documents are received, the Ministry of
Industry and Trade shall consider and request the Prime Minister to make a
decision. The refusal (if any) must be made in writing;
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3. The procedure for foreign investment
in the form of contracts to transfer industrial property rights or the right to
use subjects of industrial property:
a) Parties shall send the application
and the documents related to the contract to transfer industrial property
rights or contract to transfer the right to use subjects of industrial property
to the Ministry of Industry and Trade. The application must specify the
contents of the contract to transfer industrial property rights or contract to
transfer the right to use subjects of industrial property, the scale,
production of each product, efficiency, plan for investment in machinery and
equipment and handling the machinery and equipment replaced (if any).
b) Within 30 working days from the day
on which the application and all documents are received, the Ministry of
Industry and Trade shall consider and request the Prime Minister to make a
decision. The refusal (if any) must be made in writing;
c) After the Prime Minister makes a
written approval, parties shall perform contracts to transfer industrial
property rights or to transfer the right to use subjects of industrial
property.
4. d) The enterprise shall send the
Ministry of Industry and Trade a report on the settlement of machinery and
equipment that are no longer used or are liquidated during the investment, and
take responsibility for such settlement.
Chapter 5.
TOBACCO TRADING
Article 26.
Requirements of the issuance of the License to trade in tobacco
1. Requirements of the issuance of the
License to distribute tobacco:
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b) The business location is fixed and
clear, the technical requirements are satisfied;
c) The system of tobacco distribution
covers at least 02 provinces is established (at least 02 tobacco wholesalers in
each province);
d) Letters of introduction or sale
contracts signed with tobacco suppliers are presented;
dd) The warehouses under their ownership
(or co-ownership) according to the joint venture contract or capital
contribution contract, or the warehouse lease contracts are suitable for the
business model (the minimum area is 100 m2 ) and the preservation of
tobacco during the storage period;
e) The means of transport under the
ownership or co-ownership according to the joint venture contract or capital
contribution contract, or the contracts to hire means of transport are suitable
for the business scale (at least 02 vehicles capable of at least 500 kg) and
the preservation of tobacco in transit;
g) The financial capacity is able to
ensure the normal operation of the entire distribution system (a certification
of at least 02 billion VND is issued by a bank);
h) A written commitment to comply with
the requirements for fire prevention and fighting and environment protection is
made by the enterprise;
i) The Planning for tobacco trading
network approved by competent authorities is complied with.
2. Requirements for the issuance of the
License for tobacco wholesaling:
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b) The business location is fixed and
clear, the technical requirements are satisfied;
c) A system of tobacco wholesaling is
established in the province where the head office is situated (at least 02
tobacco retailers in the province);
d) Letters of introduction or sale
contracts signed with tobacco suppliers or tobacco product distributors are presented;
dd) The warehouses under their ownership
(or co-ownership) according to the joint venture contract or capital
contribution contract, or the warehouse lease contracts are suitable for the
business model (the minimum area is 50 m2 ) and the preservation of
tobacco during the storage period;
e) The means of transport under the
ownership or co-ownership according to the joint venture contract or capital
contribution contract, or the contracts to hire means of transport are suitable
for the business scale (at least 01 vehicle capable of at least 500 kg) and the
preservation of tobacco in transit;
g) The financial capacity is able to
ensure the normal operation of the entire wholesaling system (a certification
of at least 01 billion VND is issued by a bank);
h) A written commitment to comply with
the requirements for fire prevention and fighting and environment protection is
made by the enterprise;
i) The Planning for tobacco trading
network approved by competent authorities is complied with.
3. Requirements for the issuance of the
License for tobacco retailing:
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b) The business location is fixed and
clear, the technical requirements are satisfied;
c) The area of tobacco sale is at least
03 m2 or larger;
d) Letters of introduction or sale
contracts signed with tobacco wholesalers are presented;
dd) The Planning for tobacco trading
network approved by competent authorities is complied with.
Article 27.
Application for the License to trade in tobacco ingredients
1. Application for the License to
distribute tobacco:
a) The written request for the issuance
of the License to distribute tobacco;
b) A copy of the Certificate of
Enterprise registration or Certificate of Business registration and the
Certificate of Tax code;
c) Copies of letters of introduction or
sale contracts signed with tobacco suppliers, which specify the intended
business location;
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- The address, area, and destruction of
the tobacco sale location;
- Copies of documents proving the right
to use the business location (under ownership or co-ownership or leased for at
least 01 year);
- The manifests of equipment for
checking and regulating temperature and humidity at the tobacco sale location.
dd) Income statement of the enterprise
(when applying for the reissuance of the license):
- Income statements of the previous 03
years, enclosed with the list and copies of sale contracts signed with other
tobacco distributors or tobacco suppliers, the tax that were paid;
- Method of sale and management of the
distribution system.
e) The list of traders, a copy of the
Certificate of Enterprise registration or Certificate of Business registration
and the Certificate of Tax code, the Licenses for tobacco sale of the traders
that belong or will belong the tobacco distribution network;
g) Documents about the means of
transport: copies of the documents proving the right to use means of transport
(under ownership or co-ownership according to the joint venture contract or capital
contribution contract; or contracts to hire means of transport for at least 01
year);
h) Documents about the financial
capacity: the financial capacity is able to ensure the normal operation of the
entire distribution system (a certification is issued by a bank);
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- Documents proving the right to use the
business location (under ownership or co-ownership or leased for at least 01
year);
- A written commitment to ensure the
conformity of the warehouse with the requirements for fire prevention and
fighting and environment protection is made by the enterprise;
2. Application for the License for
tobacco wholesaling:
a) The written request for the issuance
of the License for tobacco wholesaling:
b) A copy of the Certificate of
Enterprise registration or Certificate of Business registration and the
Certificate of Tax code;
c) Copies of letters of introduction or
sale contracts signed with tobacco suppliers or tobacco wholesalers, which
specify the intended business location;
d) Documents about the business
location, including:
- The address, area, and destruction of
the tobacco sale location;
- Copies of documents proving the right
to use the business location (under ownership or co-ownership or leased for at least
01 year);
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
dd) Income statements of the enterprise:
- Income statements of the previous 03 years,
enclosed with the list and copies of sale contracts signed with other tobacco
distributors or tobacco suppliers or tobacco wholesalers, the tax that were
paid;
- Method of sale and management of the
distribution system.
e) The list of traders, a copy of the
Certificate of Enterprise registration or Certificate of Business registration
and the Certificate of Tax code, the Licenses for tobacco sale of the local
traders that belong or will belong the tobacco distribution network;
g) Documents about the means of
transport: copies of the documents proving the right to use means of transport
(under ownership or co-ownership according to the joint venture contract or
capital contribution contract; or contracts to hire means of transport for at
least 01 year);
h) Documents about the financial
capacity: the financial capacity is able to ensure the normal operation of the
entire distribution system (a certification is issued by a bank);
i) Documents about the warehouse,
including:
- Documents proving the right to use the
business location (under ownership or co-ownership or leased for at least 01
year);
- A written commitment to ensure the
conformity of the warehouse with the requirements for fire prevention and
fighting and environment protection is made by the enterprise;
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a) The written request for the issuance
of the License for tobacco retailing:
b) A copy of the Certificate of Enterprise
registration or Certificate of Business registration and the Certificate of Tax
code;
c) Copies of letters of introduction or
sale contracts are signed with tobacco wholesalers;
d) Documents about the business
location, including:
- The address, area, and destruction of
the tobacco sale location;
- Copies of documents proving the right
to use the business location (under ownership or co-ownership or leased for at
least 01 year);
- The manifests of equipment for
checking and regulating temperature and humidity at the tobacco sale location.
Article 28.
Authority and procedure for issuing Licenses to trade in tobacco
1. Authority to issue the License to
trade in tobacco:
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b) Services of Industry and Trade shall
issue, reissue, and adjust the License for tobacco wholesaling;
c) Industry and Trade Chambers or
Economic Chambers (affiliated to People’s Committees of districts, towns, and
provincial cities – hereinafter referred to as Industry and Trade Chambers)
shall issue, reissue, and adjust the License for tobacco retailing.
2. Procedure for issuing Licenses to
trade in tobacco
a) Every applicant for the License to
trade in tobacco shall make 02 applications according to Article 27 of this
Decree. 01 application is sent to the licensing authority, 01 application is
kept by the applicant;
b) Within 15 working days from the day
on which the valid application is received, the licensing authority shall
consider and issue the License to trade in tobacco. If the enterprise fails to
meet the requirements, the licensing authority shall makes a written refusal
and provide explanation;
c) If the application is not sufficient,
the licensing authority shall request the enterprise to supplement the
application within 07 working days from the day on which the application is
received.
3. Making and keeping the License to
trade in tobacco:
a) The License to distribute tobacco
shall be made into multiple copies: 02 copies are kept by the licensing
authority; 01 copy is sent to the applicant; 01 copy is sent to Market
Surveillance Agency; each Service of Industry and Trade in the License shall
receive 01 copy; each tobacco supplier or other tobacco distributor in the
license (who sell products to the applicant) shall receive 01 copy;
b) The License for tobacco wholesaling
shall be made into multiple copies: 02 copies are kept by the licensing
authority; 01 copy is sent to the applicant; 01 copy is sent to the Ministry of
Industry and Trade; 1 copy is sent to the Sub-department of Market
Surveillance; each tobacco supplier or other tobacco distributor in the license
(who sell products to the applicant) shall receive 01 copy;
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4. Each License to distribute tobacco,
License for tobacco wholesaling, and License for tobacco retailing is valid for
05 years. 30 days before the expiration date of the license, 01 application for
the reissuance of the license shall be submitted if they wish to continue the
business. The documentation and procedure for the reissuance are specified in
Article 39 of this Decree.
Article 29. Rights
and obligations of traders issued with Licenses to trade in tobacco
Apart fro the rights and obligations
stipulated by law, the traders issued with Licenses to trade in tobacco also
have the following rights and obligations:
1. Buying tobacco having legal origins.
2. Circulate and sell tobacco on the
market in accordance with the License to trade in tobacco.
3. Tobacco distributors and wholesalers
shall only sell tobacco to traders that have License to trade in tobacco in
their distribution system within the licensed localities.
4. Tobacco distributors may buy tobacco
from tobacco suppliers or other tobacco distributors and sell them to tobacco
wholesalers or retail tobacco at their retail outlets in the locality where
their head offices are situated and the licensed localities.
5. Tobacco wholesalers may buy tobacco
from tobacco suppliers or tobacco distributors and sell them to tobacco
retailers or retail tobacco at their retail outlets in the province.
6. Locations of retail outlets of
distributors and wholesalers must be conformable with Planning for tobacco
trading network; their area is similar to that of retail outlets of tobacco
retailers.
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8. Tobacco traders must post valid
copies of Licenses to trade in tobacco issued by competent authorities at their
head offices, branches, representative offices, and business premises.
9. Each trader is only issued with a
type of License to trade in tobacco. The traders issued with License to trade
in tobacco must pay fees as prescribed by the Ministry of Finance.
10. Make periodic income statements
according to the instruction of the licensing authorities.
Article 30.
Commercial export and import of tobacco.
1. The commercial import of tobacco must
comply with the principles below:
a) Appoint major tobacco importers;
b) The imported tobacco must bear the
stamps of tobacco import issued by the Ministry of Finance;
c) The import of tobacco must comply with
the management requirements in this Decree and relevant laws on tobacco
produced at home.
2. The Ministry of Industry and Trade
shall appoint major tobacco importers
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a) The traders issued with the License
to manufacture tobacco or License to distribute tobacco or License for tobacco
wholesaling may export tobacco that has legal origins according to this Decree
and other relevant law;
Where a trader exports tobacco that has
legal origins on behalf of another trader that has the License to manufacture
tobacco or License to distribute tobacco or License for tobacco wholesaling,
the former must have one of the three licenses.
b) If the trader has a License to
manufacture tobacco, the quantity of tobacco exported shall not be deducted
from the quota for tobacco manufacturing for sale at home.
4. The temporary import for re-export
and temporary export for re-import of tobacco and tobacco ingredients shall
comply with current regulations and guidance of the Ministry of Industry and
Trade.
5. The Ministry of Industry and Trade
shall provide guidance on the mechanism for state management of tobacco import.
Article 31.
Non-commercial import of tobacco.
1. Individuals that enter Vietnam may
bring tobacco as long as it does not exceed the limits on luggage according to
the regulations of the Government.
2. Diplomatic missions, consular
offices, and international organizations in Vietnam must comply with Vietnam’s
law when they are allowed to import tobacco for use.
3. The enterprises having the License to
manufacture tobacco that wish to import tobacco into Vietnam to serve research
and experimental production must be allowed by the Ministry of Industry and
Trade. The quantity of imported tobacco serving research and experiment
production must not exceed 500 packs (20-cigarette pack) or 50 cigars.
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1. Counterfeit tobacco and substandard
tobacco shall be confiscated and destructed. Smuggled tobacco shall be
confiscated and handled in accordance with the regulations of the Government.
2. The enterprises that produce or buy
tobacco are obliges to cooperate with competent authorities in the preventing
of tobacco smuggling and counterfeit tobacco.
Chapter 6.
MANAGEMENT OF MACHINERY AND EQUIPMENT,
INGREDIENT, CIGARETTE PAPER, AND TOBACCO STAMPS
Article 33.
Management of machinery and equipment for tobacco manufacturing.
1. Organizations and individuals without
the License to manufacture tobacco or License to process tobacco ingredients
may not use machinery and equipment for tobacco manufacturing in any shape or
form.
2. The machinery and equipment for
tobacco manufacturing of enterprises that manufacture tobacco or process tobacco
ingredients shall be sold, export, re-export, and liquidated in accordance with
relevant laws and comply with the rules below:
a) Enterprises shall only sell usable
machinery and equipment to the enterprises that have the License to manufacture
tobacco or License to process tobacco ingredients that matches the production
line licensed by competent authorities, or export/re-export them;
b) Machinery and equipment that are not
usable or liquidated must be destructed under the supervision of a supervising
commission set up by the Ministry of Industry and Trade.
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4. After machinery and equipment are
sold, exported, re-exported, or liquidated, a report on the result shall be
sent to the Ministry of Industry and Trade.
5. The Ministry of Industry and Trade
shall cooperate with relevant functional agencies in carrying out inspection
and handling machinery and equipment for tobacco manufacturing without legal
origins or that are not destructed as required.
Article 34. Import
of machinery and equipment for tobacco manufacturing.
1. Any enterprise that imports machinery
and equipment for tobacco manufacturing must satisfy the requirements below:
a) The License to manufacture tobacco or
License to process tobacco ingredients is obtained;
b) The imported machinery and equipment
for tobacco manufacturing are suitable for the capacity of the enterprise,
which is announced by the Ministry of Industry and Trade;
c) The investment policies (if any) are
approved by the Ministry of Industry and Trade.
2. The enterprise shall send 01 dossier
of the import of machinery and equipment for tobacco manufacturing, including
the written approval for the investment policy, the projects, relevant
approving documents, and the written request for the permission of the Ministry
of Industry and Trade. Within 10 working days form the day on which the
sufficient dossier is received, the Ministry of Industry and Trade shall makes
a written reply. The refusal (if any) must be explained.
3. The Ministry of Industry and Trade
shall make and promulgate the list of machinery and equipment for tobacco
manufacturing.
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1. Machinery and equipment for tobacco
manufacturing are considered illegal when:
a) They are imported before the issuance
of the Prime Minister’s Directive No. 13/1999/CT-TTg dated May 12, 1999 on the
rearrangement of manufacture and trade in tobacco without valid import papers;
b) They are imported after the issuance
of the Prime Minister’s Directive No. 13/1999/CT-TTg without valid import
papers and written approvals of the Ministry of Industry and Trade (or the
Ministry of Industry).
2. Machinery and equipment for tobacco
manufacturing without legal origins shall be confiscated and handled in
accordance with law. Confiscated machinery and equipment shall be handled in
accordance with current regulations, and only be sold to the enterprises having
the License to manufacture tobacco or License to process tobacco ingredients
that matches the line of production licensed by competent authorities, or be
destructed.
3. The Ministry of Industry and Trade
shall cooperate with the Ministry of Public Security enterprise the Ministry of
Finance in carrying out inspection and handling machinery and equipment for
tobacco manufacturing without legal origins.
Article 36.
Managing the import of tobacco ingredients and cigarette paper
1. Tobacco ingredients and cigarette
paper are under the management of the Ministry of Industry and Trade.
2. Enterprises that import tobacco
ingredients, cigarette paper to sell at home, to serve export processing or
manufacture must satisfy the requirements below:
a) The License to manufacture tobacco or
License to process tobacco ingredients is obtained;
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c) Contracts to manufacture or
processing tobacco or tobacco ingredients for export are signed (production or
processing for export)
d) The import is approved by the
Ministry of Industry and Trade.
3. Importing tobacco ingredients and
cigarette paper serving tobacco manufacturing for domestic sale:
a) Before November 15 every year, the
enterprises that manufacture tobacco and enterprises that process shredded
tobacco must send report on their demand for import of tobacco ingredients and
cigarette paper to serve the tobacco manufacturing for domestic sale and
processing of shredded tobacco in the next year to the Ministry of Industry and
Trade;
The report must specify the performance,
production, import of tobacco ingredients and cigarette paper in the year, the
estimated production, the demand for tobacco ingredients and cigarette paper in
the next year.
b) According to the reports sent by
enterprises, the capacity for satisfying the demand for ingredients, and the quota
on tobacco ingredients, the Ministry of Industry and Trade shall notify the
import quota to the enterprises and the agencies concerned before December 15.
c) The quota on tobacco ingredients and
import quota of each enterprise shall be posted on the website of the Ministry
of Industry and Trade;
d) Imported tobacco ingredients and
cigarette paper shall only be used for tobacco manufacturing and shredded
tobacco in accordance with the registration, and must not be sold on the
market.
4. Importing tobacco ingredients and
cigarette paper serving tobacco manufacturing or processing for export:
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b) The enterprise shall send the
contract to manufacture tobacco for export or contract to process tobacco for
export and the written request for the import of tobacco ingredients and
cigarette paper to the Ministry of Industry and Trade. According to the request
and capacity of the enterprise, and relevant documents, the Ministry of
Industry and Trade shall send an import plan to the enterprise and relevant
agencies within 07 days from the day on which sufficient documents are
received.
5. Importing tobacco ingredients for
processing tobacco ingredients for export:
a) Only the enterprises having the
License to process tobacco ingredients are allowed to import tobacco
ingredients for processing tobacco ingredients for export;
b) The enterprise shall send the
contract to process tobacco ingredients for export and a written request to the
Ministry of Industry and Trade. According to the request and capacity of the
enterprise, and relevant documents, the Ministry of Industry and Trade shall
makes a written approval or disapproval of the contract performance within 07
days from the day on which sufficient documents are received.
6. The Ministry of Industry and Trade
shall issue the forms for registering demands for cigarette paper, shredded
tobacco, and tobacco ingredients.
Article 37. Tobacco
stamps
1. Packages of tobacco being sold at
home must bear the required by Vietnam’ law.
2. Packages of tobacco being exported,
presented, or exhibit overseas may not bear the stamps required by Vietnam’s
law.
3. The stamps of tobacco sold in Vietnam
shall be only issued to the enterprises that have the License to manufacture
tobacco. The quantity of stamps issued to an enterprise every year must not
exceed the permissible production.
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5. The Ministry of Finance shall print
and issue stamps to enterprise within the law.
Chapter 7.
ADJUSTING AND REISSUING THE CERTIFICATE OF
ELIGIBILITY TO INVEST IN TOBACCO CULTIVATION, LICENSE TO TRADE IN TOBACCO
INGREDIENTS, LICENSE TO PROCESS TOBACCO INGREDIENTS, LICENSE TO MANUFACTURE
TOBACCO, AND LICENSE TO TRADE IN TOBACCO
Article 38.
Adjusting the Certificate of eligibility to invest in tobacco cultivation,
License to trade in tobacco ingredients, License to process tobacco
ingredients, License to manufacture tobacco, and License to trade in tobacco
1. When the contents of the Certificate
of eligibility to invest in tobacco cultivation, License to trade in tobacco
ingredients, License to process tobacco ingredients, License to manufacture
tobacco, or License to trade in tobacco are changed, 01 application shall be
sent to the licensing authority.
2. The application includes:
a) The written request for the
adjustment;
b) The copy of the Certificate of eligibility
to invest in tobacco cultivation, License to trade in tobacco ingredients,
License to process tobacco ingredients, License to manufacture tobacco, or
License to trade in tobacco that was issued;
c) Documents proving the necessity of
the adjustment.
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a) The applicant shall submit 01
application for the adjustment of the Certificate of eligibility to invest in
tobacco cultivation, License to trade in tobacco ingredients, License to
process tobacco ingredients, License to manufacture tobacco, or License to
trade in tobacco to a competent authority;
b) Within 15 working days from the day
on which the sufficient and valid application is received, the competent
authority shall consider adjusting the Certificate of eligibility to invest in
tobacco cultivation, License to trade in tobacco ingredients, License to
process tobacco ingredients, License to manufacture tobacco, or License to
trade in tobacco. If the requirements are not satisfied, the licensing
authority shall make a written refusal and provide explanation.
Article 39.
Reissuing the Certificate of eligibility to invest in tobacco cultivation,
License to trade in tobacco ingredients, License to process tobacco
ingredients, License to manufacture tobacco, or License to trade in tobacco
1. The Certificate of eligibility to
invest in tobacco cultivation, License to trade in tobacco ingredients, License
to process tobacco ingredients, License to manufacture tobacco, or License to trade
in tobacco that was issued is expired. 30 days before the expiration date of
the license, 01 application for the reissuance of the license shall be
submitted if they wish to continue the business. The documentation, authority,
and procedure for the reissuance are similar to those of the new issuance.
2. When the Certificate of eligibility
to invest in tobacco cultivation, License to trade in tobacco ingredients,
License to process tobacco ingredients, License to manufacture tobacco, or
License to trade in tobacco is lost, damaged, or burned, 01 application for the
reissuance shall be submitted, including.
a) The written request for the
reissuance;
b) A copy of the Certificate of
eligibility to invest in tobacco cultivation, License to trade in tobacco
ingredients, License to process tobacco ingredients, License to manufacture
tobacco, or License to trade in tobacco that was issued (if any);
3. Procedure for the reissuance:
a) The applicant shall submit 01
application for the reissuance of the Certificate of eligibility to invest in
tobacco cultivation, License to trade in tobacco ingredients, License to
process tobacco ingredients, License to manufacture tobacco, or License to
trade in tobacco to a competent authority;
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Chapter 8.
LICENSING FEES AND REPORTING REGIME
Article 40. Licensing
fees
The organizations and individuals issued
with the Certificate of eligibility to invest in tobacco cultivation, License
to trade in tobacco ingredients, License to process tobacco ingredients,
License to manufacture tobacco, or License to trade in tobacco shall pay fees
as required by the Ministry of Finance.
Article 41.
Reporting regime
1. Services of Industry and Trade shall
send reports on the issuance of the Certificate of eligibility to invest in
tobacco cultivation, License to trade in tobacco ingredients, License for
tobacco wholesaling, and License for tobacco retailing to the Ministry of
Industry and Trade.
2. Industry and Trade Chambers shall
send reports on the trading and issuance of the License for tobacco retailing
to Services of Industry and Trade.
3. Every tobacco supplier shall send
reports on the production and types of tobacco they manufacture or trade
(according to the distribution, wholesaling, retailing system) to the licensing
authority and the Service of Industry and Trade of the province where their
head office is situated.
4. Every tobacco distributor,
wholesaler, and retailer shall send reports on their business to the licensing
authority and the Industry and Trade Agency where their head office is
situated.
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6. Every tobacco manufacturer shall send
reports on the tobacco manufacturing and trading to the Ministry of Industry
and Trade and the Ministry of Finance, including: the production quantity,
export quantity, import quantity, sales, sale prices, special excise duty, VAT
payable on each brand.
7. Every enterprise that manufactures
tobacco or processes tobacco ingredients shall send the Ministry of Industry
and Trade reports on the import and use of machinery and equipment for tobacco
manufacturing, tobacco ingredients, cigarette paper in the period, the
manufacture, trading, and processing of tobacco ingredients .
8. The Ministry of Industry and Trade
shall provide guidance the reporting regime and report forms for Services of
Industry and Trade, Industry and Trade Chambers, enterprises that manufacture
tobacco, process tobacco ingredients, trade in tobacco ingredients, invest in
tobacco ingredients, tobacco supplier, tobacco distributors, wholesalers, and
retailers.
Chapter 9.
VIOLATIONS AND PENALTIES
Article 42. Violations
against the laws on tobacco trading
1. Manufacturing, trading in tobacco,
trading in tobacco ingredients, processing tobacco ingredients without a
license; Investing in tobacco cultivation without the Certificate of
eligibility.
2. Manufacturing, trading, importing,
storing, transporting smuggled tobacco (except for the cases in which competent
authorities allow the re-export) counterfeit tobacco, and the tobacco products
that are not protected in Vietnam, fail to comply with National Technical Regulations
on tobacco, defective tobacco, expired tobacco, or tobacco without the stamps
required by law.
3. Using, liquidating, importing,
exporting, re-exporting, selling machinery and equipment for tobacco
manufacturing against the law and this Decree.
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5. Failing to comply with the laws on
hygiene and prevention of tobacco harm.
6. Buying and selling tobacco stamps.
7. Illegally buying and selling
cigarette paper.
8. Selling tobacco at offices, schools, hospitals,
cinemas, theatres, stadiums, and other public places stipulated by law.
9. Other violations stipulated by law.
Article 43.
Revoking the Certificate of eligibility to invest in tobacco cultivation,
License to trade in tobacco ingredients, License to process tobacco
ingredients, License to manufacture tobacco, or License to trade in tobacco
1. The Certificate of eligibility to
invest in tobacco cultivation, License to trade in tobacco ingredients, License
to process tobacco ingredients, License to manufacture tobacco, and License to
trade in tobacco shall be revoked by competent authorities when violations
against the conditions for investment, trading, processing tobacco ingredients,
manufacturing, trading in tobacco, and other violations are committed according
to law.
2. If the operation is not commenced
within one year from the issuance date of the Certificate of eligibility to
invest in tobacco cultivation, License to trade in tobacco ingredients, License
to process tobacco ingredients, License to manufacture tobacco, or License to
trade in tobacco, the certificate or license shall be revoked.
Article 44.
Penalties
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Chapter 10.
STATE MANAGEMENT RESPONSIBILITY
Article 45. The
Ministry of Industry and Trade shall:
1. Promulgate or request the Government
and the Prime Minister to promulgate legislative documents on tobacco trading.
2. Provide the forms of the
applications, the Certificate of eligibility to invest in tobacco cultivation,
License to trade in tobacco ingredients, License to process tobacco
ingredients, License to manufacture tobacco, or License to trade in tobacco;
provide guidance on the reporting regime and forms; make the list of equipment
for tobacco manufacturing.
3. Cooperate with the Ministries,
agencies and local governments in formulating the scheme for restructuring the
tobacco industry; manage the establishment, division, merger, and dissolution
of enterprises that manufacture tobacco and process tobacco ingredients in
accordance with law.
4. Manage the investment and
construction in the tobacco industry within the law and this Decree.
5. Formulate and promulgate National
Technical Regulations on tobacco ingredients; providing guidance and inspect
the standards of tobacco quality.
6. Manage the import of machinery and
equipment for tobacco manufacturing, tobacco ingredients, cigarette paper, and
tobacco products.
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8. Request the Prime Minister to
consider allowing the import of foreign tobacco brands for sale in Vietnam.
9. Cooperate with other Ministries and
agencies in providing guidance on state management of tobacco import, temporary
import for re-export, temporary export for re-import of tobacco and tobacco
ingredients.
10. Cooperate with relevant functional
agencies in carrying out inspection and handling machinery and equipment for
tobacco manufacturing without legal origins or that are not destructed as
required.
11. Cooperate with relevant functional
agencies in carrying out inspection take actions against the tobacco traders
that violate this Decree.
12. Carry out inspections, settle
complaints, denunciations, and penalize violations against the laws on tobacco
trading.
Article 46. The
Ministry of Finance shall:
1. Print and issue stamps to enterprises
in accordance with this Decree and current regulations.
2. Provide guidance on the establishment
and use of the fund for planting and processing tobacco ingredients.
3. Cooperate with the Ministry of
Industry and Trade, relevant Ministries and agencies is promulgating
regulations on the fees for the issuance of the Certificate of eligibility to
invest in tobacco cultivation, License to trade in tobacco ingredients, License
to process tobacco ingredients, License to manufacture tobacco, and License to
trade in tobacco.
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1. Provide guidance on the registration
of standards and National Technical Regulations on cigarettes.
2. Cooperate with the Ministry of
Industry and Trade in carrying out inspections and penalize the violations
against the law on tobacco harm prevention in tobacco trading.
Article 48. Other
Ministries, ministerial agencies, and Governmental agencies shall:
Other Ministries, ministerial agencies,
Governmental agencies, within the area of their competence, shall cooperate
with the Ministry of Industry and Trade in the state management of tobacco
trading, and disseminating the implementation of this Decree.
Article 49.
Provincial People’s Committees shall:
1. Perform state management of the
tobacco industry and resolve the issues under their management.
2. Cooperate with the Ministry of
Industry and Trade in the rearrangement of local tobacco enterprises.
3. Inspect the manufacture and sale of
tobacco ingredients and tobacco locally.
Chapter 11.
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Article 50.
Provisional regulations
1. The organizations and individuals
whose Certificates of eligibility to trade in tobacco ingredients, Certificates
of eligibility to process tobacco ingredients, Licenses to manufacture tobacco,
Licenses to trade in tobacco, according to the Government's Decree No.
119/2007/ND-CP dated July 18, 2007, are exempt from applying for the
reissuance of such Certificates or Licenses. When such certificates of licenses
expire, the licensing procedure stipulated in this Decree shall be followed.
2. The organizations and individuals
that have not been issued with the Certificate of eligibility to invest in
tobacco cultivation, License to trade in tobacco ingredients, License to
process tobacco ingredients, License to manufacture tobacco, or License to
trade in tobacco shall follow the licensing procedure stipulated in this
Decree.
Article 51. Effect
1. This Decree takes effect on August
15, 2013.
2. The Government's Decree No.
119/2007/ND-CP dated July 18, 2007 on tobacco manufacturing and
trading is annulled from the effective date of this Decree.
Article 52.
Responsibility for the implementation
1. The Ministry of Industry and Trade
shall cooperate with other Ministries and agencies in providing guidance on the
implementation of this Decree.
2. Ministers, Heads of ministerial
agencies, Heads of Governmental agencies, the Presidents of People’s Committees
of central-affiliated cities and provinces are responsible for the
implementation of this Decree./.
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ON BEHALF OF
THE GOVERNMENT
THE PRIME MINISTER
Nguyen Tan Dung