This Circular stipulates the importation of tobacco products for duty-free sales business, applicable to traders operating under the Regulations on Duty-Free Sales Business. The Circular specifies procedures for issuing import permits, warnings about the harmful effects of tobacco, and handling surplus and damaged tobacco products.
Scope of application
Traders engaged in duty-free sales business with operating licenses under the Regulations on Duty-Free Sales Business; organizations related to duty-free sales business activities.
Key points
- Traders authorized to import tobacco products from the Ministry of Industry and Trade must submit a request letter, business operation license, and reports on import status, inventory, and consumption.
- Imported tobacco products must bear health warnings in Vietnamese or English.
- Surplus and unsalable tobacco products cannot be transferred to the domestic market but must be re-exported; damaged, substandard, expired, or non-reexportable tobacco products must be destroyed according to regulations.
- The time limit for issuing import permits is ten working days from the date of receipt of complete and valid documents.
- This Circular takes effect from February 28, 2010, and revokes previous circulars.
🌐 Social impact of this document
- Consumers will have access to imported tobacco products in accordance with regulations, but must comply with warnings about the harmful effects of tobacco.
- Duty-free sales businesses need to comply with new regulations on importing and handling tobacco products, which may increase management costs.
- Surplus or damaged tobacco products will be re-exported or destroyed according to regulations, protecting the environment.
❓ Frequently asked questions
What documents do traders need to prepare to apply for an import permit for tobacco products?
Traders need a request letter, a business operation license for duty-free sales, and a report on import status, inventory, and consumption from the beginning of the year until the application date.
What warnings must be printed on imported tobacco products?
Health warnings in Vietnamese or English as required by the Framework Convention on Tobacco Control (FCTC).
Can surplus or unsalable tobacco products be transferred to the domestic market?
No, surplus or unsalable tobacco products must be re-exported without requiring a permit from the Ministry of Industry and Trade.
What should a business do if tobacco products are damaged or expired?
Damaged, substandard, expired, or non-reexportable tobacco products must be destroyed according to regulations, with a record made and destruction organized under the supervision of customs authorities.
How long does it take to issue an import permit for tobacco products?
The time limit for issuing import permits is ten working days from the date of receipt of complete and valid documents submitted by traders.
Full text
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MINISTRY OF INDUSTRY AND TRADE |
SOCIALIST REPUBLIC OF VIET NAM |
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Number: 02/2010/TT-BCT |
Hanoi, January 14, 2010 |
CIRCULAR
Regulations on the Importation of Tobacco Products for Duty-Free Sales
Pursuant to Decree No. 189/2007/ND-CP dated December 27, 2007, issued by the Government, detailing the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;
Pursuant to Decree No. 12/2006/NĐ-CP dated January 23, 2006 of the Government detailing the implementation of the Law on Trade regarding international trade activities and foreign trade agency activities;
Pursuant to Decree No. 119/2007/NĐ-CP dated July 18, 2007 of the Government on tobacco production and trade;
Pursuant to Decision No. 24/2009/QĐ-TTg dated February 17, 2009 of the Prime Minister promulgating the Rules on duty-free sales;
Implementing the directives of the Prime Minister as notified in Official Documents No. 4215/VPCP-KTTH dated June 23, 2009 and No. 5441/VPCP-KTTH dated August 10, 2009 of the Office of the Government concerning duty-free sales and regulations applicable to imported tobacco products sold at duty-free shops;
After reaching consensus with the Ministry of Health and the Ministry of Finance, the Minister of Industry and Trade hereby stipulates the importation of tobacco products for duty-free sales as follows:
Article 1. Scope of Regulation and Applicability
This Circular regulates the importation of tobacco products for traders engaged in duty-free sales who have obtained business licenses in accordance with the Rules on duty-free sales issued together with Decision No. 24/2009/QĐ-TTg dated February 17, 2009 of the Prime Minister and related organizations involved in duty-free sales activities.
Article 2. Issuance of Import Permit for Tobacco Products for Sale at Duty-Free Shops
1. Authority to Issue Import Permits for Tobacco Products for Sale at Duty-Free Shops
The Ministry of Industry and Trade issues import permits for tobacco products for traders engaged in duty-free sales.
2. Application Documents
2.1. A letter from the trader requesting permission to import tobacco products for sale at duty-free shops (in accordance with the form prescribed in Appendix No. 1 attached hereto)
2.2. Business license for duty-free sales (a copy provided by the trader)
2.3. Report on the import situation, inventory, and consumption of tobacco products from the beginning of the year up to the date of application for the permit, confirmed by the Customs Sub-Department managing the duty-free shop (in accordance with the form prescribed in Appendix No. 2 attached hereto).
3. Place to Submit Application Documents
Applications for import permits for tobacco products for duty-free sales should be submitted to the Ministry of Industry and Trade (Export-Import Department), No. 54 Hai Ba Trung Street, Hanoi.
4. Timeframe for Issuing Permits
Within ten working days from the date of receipt of complete and valid application documents from the trader, the Ministry of Industry and Trade shall issue an import permit or provide a written response stating the reasons for not issuing the permit.
Article 3. Regulations on Warning Labels for Tobacco Products
Imported tobacco products for sale at duty-free shops must bear warning labels about health risks in Vietnamese or English in compliance with the Framework Convention on Tobacco Control (FCTC).
Article 4. Handling of Imported Tobacco Products That Are Surplus, Difficult to Sell, Damaged, Expired, or of Poor Quality
1. Tobacco products that have been imported for sale at duty-free shops but remain unsold or difficult to sell may not be transferred for domestic consumption and must be re-exported without requiring a permit from the Ministry of Industry and Trade.
2. Damaged, substandard, expired, or non-reexportable tobacco products must be destroyed. The trader shall prepare a record of the condition of the goods and request customs authorities to approve destruction; the destruction shall be carried out under the supervision of customs authorities, and a record shall be sent to the Ministry of Industry and Trade and the Ministry of Finance instead of a report. Destruction must comply strictly with fire prevention and environmental protection regulations...
Article 5. Implementation Provisions
1. This Circular takes effect from February 28, 2010.
2. Abolish Circular No. 21/1998/TT-BTM of the Ministry of Trade (now the Ministry of Industry and Trade) dated December 24, 1998 guiding the implementation of the Rules on Duty-Free Shops issued together with Decision No. 205/1998/QĐ-TTg dated October 19, 1998 of the Prime Minister; Circular No. 28/1999/TT-BTM dated September 1, 1999 of the Ministry of Trade (now the Ministry of Industry and Trade) amending and supplementing Circular No. 21/1998/TT-BTM of the Ministry of Trade (now the Ministry of Industry and Trade) dated December 24, 1998 guiding the implementation of the Rules on Duty-Free Shops issued together with Decision No. 205/1998/QĐ-TTg dated October 19, 1998 of the Prime Minister./.
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DEPUTY MINISTER |
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