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THE GOVERNMENT
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.:
106/2017/ND-CP
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Hanoi, September
14, 2017
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DECREE
AMENDMENTS
TO THE GOVERNMENT’S DECREE NO. 67/2013/ND-CP DATED JUNE 27, 2013 ELABORATING
CERTAIN ARTICLES AND MEASURES FOR IMPLEMENTING THE LAW ON TOBACCO HARM
PREVENTION AND CONTROL WITH RESPECT OF TOBACCO TRADING
Pursuant to the Law on Government Organization
dated June 19, 2015;
Pursuant to the Law on Tobacco Harm Prevention
and Control dated June 18, 2012;
At the request of Minister of Industry and
Trade;
The Government promulgates a Decree to introduce
amendments to the Government’s Decree No. 67/2013/ND-CP dated June 27, 2013
elaborating certain articles and measures for implementing the Law on Tobacco
Harm Prevention and Control with respect of tobacco trading.
Article 1. Amendments to the
Government’s Decree No. 67/2013/ND-CP dated June 27, 2013 elaborating certain
articles and measures for implementing the Law on Tobacco Harm Prevention and
Control with respect of tobacco trading
1. Amendments to Clause 3 Article 3:
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2. Amendments to Clause 10 Article 3:
“10. “tobacco distributors” refers to traders that
purchase tobacco products directly from tobacco suppliers or other tobacco
distributors and sell them to tobacco wholesalers and tobacco retailers.”
3. Amendments to Clause 12 Article 3:
“12. “tobacco retailers” refers to traders that
purchase tobacco products directly from tobacco distributors or tobacco
wholesalers and sell them to consumers.”
4. Addition of Clause 15 to Article 3:
“15. “tobacco traders” refers to tobacco
distributors, tobacco wholesalers and tobacco retailers."
5. Amendments to Clause 2 Article 4:
“2. Tobacco trading is in the list of conditional
business lines. Any organizations and individuals that manufacture and/or trade
in tobacco products, process and/or trade in tobacco ingredients, or make
investments in tobacco cultivation must obtain license as regulated by law.”
6. Addition of Clause 7 to Article 8:
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7. Amendments to Clause 3 Article 10:
“3. The declaration of the area, floor plan of the
warehouse, office and other ancillary sites.”
8. Amendments to Point a, Point c and Point d Clause
1 Article 26:
“a) The applicant must be an enterprise that is
duly established under the laws of Vietnam;”
“c) Its tobacco distribution system covers at least
02 provinces (at least 01 tobacco wholesaler in each province)."
“d) There is a letter of introduction which is made
by the tobacco supplier and specifies the intended business location;”
9. Amendments to Point a and Point d Clause 2
Article 26:
“a) The applicant must be an enterprise that is
duly established under the laws of Vietnam;”
“d) There is a letter of introduction which is made
by the tobacco supplier or the tobacco distributor and specifies the intended
business location;”
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“a) The applicant must be a tobacco trader that is
duly established under the laws of Vietnam;”
“d) There is a letter of introduction which is made
by the tobacco distributor or the tobacco wholesaler and specifies the intended
business location;”
11. Amendments to Point c and Point dd Clause 1
Article 27:
“c) Copies of letters of introduction which are
made by tobacco suppliers or tobacco distributors and specify the intended
business location;”
“dd) The enterprise’s income statements (in case of
application for re-issuance or modification of a license);”
12. Amendments to Point c and Point dd Clause 2
Article 27:
“c) Copies of letters of introduction which are
made by tobacco suppliers or tobacco distributors and specify the intended
business location.”
“dd) The enterprise’s income statements (in case of
application for re-issuance or modification of a license);”
13. Amendments to Point c Clause 3 Article 27:
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14. Amendments to Point b Clause 2 Article 28:
“b) Within 15 working days from the receipt of a
valid application, the licensing authority shall consider and verify the
received application, and issue the License to distribute, wholesale or retail tobacco
products to the qualified applicant. If an application is refused, a
written response which specifies reasons for refusal shall be given to the
applicant;”
15. Amendments to Clause 4 Article 29:
“4. Tobacco distributors are entitled to purchase
tobacco products directly from tobacco suppliers or other tobacco distributors
and sell them to tobacco traders or retail them at their retail outlets within
the licensed regions.”
16. Amendments to Clause 7 Article 29:
“7. Tobacco retailers are entitled to purchase
tobacco products from tobacco distributors or tobacco wholesalers and sell them
at the licensed retailing locations.”
17. Addition of Clause 4 to Article 31:
“4. An enterprise that is granted the License to
manufacture tobacco products and wishes to import tobacco into Vietnam to serve
its research and experimental production activities must submit an application
by hand or by post or through the internet network to the Ministry of Industry
and Trade. The application includes:
- The application for approval for import of
tobacco.
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Within 07 working days from the receipt of a valid
application, Ministry of Industry and Trade shall consider the application and
give a written response to the applicant. If an application is refused, the
written response shall specify reasons for refusal.”
18. Amendments to Clause 1 Article 32:
“1. Both counterfeit tobacco products and smuggled
tobacco products shall be confiscated and destroyed, except special cases which
shall be subject to the Prime Minister’s decision.”
19. Addition of Clause 13 to Article 45:
“13. Ministry of Industry and Trade shall take
charge and cooperate with relevant ministries, ministerial-level agencies and
organizations to formulate and submit rational regulations on management of
e-cigarettes to the Prime Minister for consideration.”
20. Amendments to Clause 3 Article 49:
“3. Inspect the investment in tobacco cultivation,
manufacture and sale of tobacco ingredients, and sale of tobacco products in
regions within the scope of their management.”
Article 2. Abrogation of
certain articles of the Government’s Decree No. 67/2013/ND-CP dated June 27,
2013 elaborating certain articles and measures for implementing the Law on
Tobacco Harm Prevention and Control with respect of tobacco trading
The following regulations shall be abrogated:
1. Point a Clause 3 Article 9.
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3. Point e Clause 2 Article 26.
4. Point c Clause 3 Article 26.
5. Point g Clause 1 Article 27.
6. Point g Clause 2 Article 27.
7. Clause 3 Article 46.
Article 3. Transition provision
Licenses to trade tobacco products which have been
issued to tobacco traders in accordance with the Government’s Decree No.
67/2013/ND-CP dated June 27, 2013 will remain valid until their expiration
date.
Article 4. Entry into force and
implementation
1. This Decree shall come into force as from
November 01, 2017.
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3. Ministers, heads of ministerial agencies, heads
of the Government’s affiliates, and Chairpersons of people’s committees of
central-affiliated cities or provinces shall implement this Decree./.
ON BEHALF OF
THE GOVERNMENT
PRIME MINISTER
Nguyen Xuan Phuc