Circular No. 07/2026/TT-BCT amends and supplements certain provisions of Circular No. 37/2013/TT-BCT concerning the importation of cigarettes and cigars. This document provides detailed regulations on the designation of importers, requirements for declaration of conformity/presentation of documents when handling import procedures, as well as the responsibilities of the licensing authority in organizing implementation.
适用范围
Merchants holding a Production License for tobacco products and businesses related to the importation of cigarettes and cigars.
要点
- The Ministry of Industry and Trade designates merchants holding a Production License for tobacco products and those with State ownership of 100% of the charter capital as importers of cigarettes and cigars under the state trading mechanism (Article 1).
- Importers must directly carry out the importation of cigarettes and cigars and may not delegate this task to other merchants (Article 1).
- Importers of cigarettes must declare conformity according to national standards; importers of cigars must declare applicable standards consistent with current regulations (Article 2).
- When handling import procedures, importers must present an automatically registered import application form that has been confirmed by the Licensing Authority or submit it through the Electronic Data Processing System of Customs (Article 3).
- Importers must submit their applications directly at the People's Committee of the province/city where their headquarters are located or through public postal services or online services provided by the Licensing Authority before handling import procedures (Article 4).
🌐 本文件的社会影响
- Strengthening state management over the importation of cigarettes and cigars.
- Reducing the risk of smuggling and commercial fraud in this field.
- Affected are importers who do not meet the conditions or violate the regulations and will be restricted from importing.
❓ 常见问题
Which merchants are designated to import cigarettes and cigars?
Merchants holding a Production License for tobacco products and those with State ownership of 100% of the charter capital.
Must importers carry out the importation directly?
Yes, importers may not delegate this task to other merchants (Article 1).
What declarations are required when importing cigarettes and cigars?
Importers of cigarettes must declare conformity according to national standards; importers of cigars must declare applicable standards consistent with current regulations (Article 2).
What documents must be submitted when handling import procedures?
Importers must present an automatically registered import application form that has been confirmed by the Licensing Authority or submit it through the Electronic Data Processing System of Customs (Article 3).
Which agency is responsible for organizing implementation?
The Licensing Authority organizes inspections of the implementation of cigarette and cigar import activities in accordance with the regulations (Article 8).
全文
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MINISTRY OF INDUSTRY AND TRADE __________ No.: 07/2026/TT-MININD |
SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ________________ Hanoi, the 24th day of the month 02 year 2024 |
CIRCULAR
Amending and supplementing some articles of Circular No. 37/2013/TT-MININD dated December 30, 2013 of the Minister of Industry and Trade on the importation of cigarettes and cigars
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Pursuant to Decree No. 40/2025/NĐ-CP of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;
Pursuant to Decree No. 67/2013/NĐ-CP of the Government detailing a number of provisions and measures for implementation of the Law on Prevention and Control of Harmful Effects of Tobacco regarding tobacco trade;
Pursuant to Decree No. 69/2018/NĐ-CP of the Government detailing a number of provisions of the Law on Foreign Trade Management;
Pursuant to Decree No. 94/2017/NĐ-CP of the Government on goods, services, and areas subject to state monopoly in commercial activities;
At the proposal of the Director of the Department of Import-Export;
The Minister of Industry and Trade promulgates this Circular amending and supplementing some articles of Circular No. 37/2013/TT-MININD dated December 30, 2013 of the Minister of Industry and Trade on the importation of cigarettes and cigars.
Article 1. Amending and supplementing Article 6
"1. The Ministry of Industry and Trade designates traders holding a Production License for tobacco products and having 100% state capital contribution as traders importing cigarettes and cigars under the state trading mechanism.
2. Traders holding a Production License for tobacco products must directly carry out the importation of cigarettes and cigars and may not delegate or entrust other traders to perform such actions."
Article 2. Amending Clause 3 of Article 7, abolishing Clause 4 of Article 7
1. "3. Traders importing cigarettes must implement conformity declaration according to national technical regulations; Traders importing cigars must declare applicable standards in accordance with current regulations."
2. Abolish Clause 4 of Article 7
Article 3. Amending and supplementing Clause 1 of Article 8
1. When processing import procedures, in addition to the import documents required by customs authorities, traders must present to the customs authority one original copy of the Automatic Import Registration Form for cigarettes and cigars that has been confirmed by the issuing authority or submit the confirmed Automatic Import Registration Form for cigarettes and cigars to the customs authority through the Electronic Data Processing System; traders bear responsibility for the legality and completeness of the documents submitted to the customs authority.
Article 4. Amending and supplementing Clauses 1, 2, and 3 of Article 9
1."1. Before processing import procedures, traders submit one set of documents directly at the People's Committee of the province/city where the trader's main office is located or submit documents through public postal service or online of the issuing authority including:
a) Automatic Import Registration Form for cigarettes and cigars: two copies according to the model specified in Appendix II issued together with this Circular;
b) Import Contract: one copy of the certified true copy (stamped by the trader);
c) Commercial Invoice: one copy of the certified true copy (stamped by the trader);
d) Bill of Lading or transport document of the consignment: one copy of the certified true copy (stamped by the trader) (if any);
đ) Production License for tobacco products: one copy of the certified true copy (stamped by the trader)."
2. Replace the phrase "Department of Import-Export - Ministry of Industry and Trade" in Clause 2 of Article 9 of Circular No. 37/2013/TT-MININD with the phrase "issuing authority".
3. Replace the phrase "Department of Import-Export - Ministry of Industry and Trade" in Clause 3 of Article 9 of Circular No. 37/2013/TT-MININD with the phrase "issuing authority".
Article 5. Amending Clauses 1 and 2 of Article 10
1. Replace the phrase "Department of Import-Export - Ministry of Industry and Trade" in Clause 1 of Article 10 of Circular No. 37/2013/TT-MININD with the phrase "issuing authority".
2. Replace the phrase "Department of Import-Export - Ministry of Industry and Trade" in Clause 2 of Article 10 of Circular No. 37/2013/TT-MININD with the phrase "issuing authority".
Article 6. Abolishing Article 11
Abolish Article 11.
Article 7. Replacing Appendix I, Appendix II
Replace Appendix I, Appendix II issued together with Circular No. 37/2013/TT-MININD with Appendix I, Appendix II issued together with this Circular.
Article 8. Responsibility for Implementation
The issuing authority organizes inspection or coordinates with relevant agencies to organize inspection of cigarette and cigar import activities in accordance with Circular No. 37/2013/TT-MININD and this Circular.
In case competent authorities conclude that traders do not comply with current regulations related to cigarette and cigar imports and the level of violation is at the administrative penalty stage, the issuing authority will consider not confirming the Automatic Import Registration Form for cigarettes and cigars of the trader until the trader has remedied the violation.
In case competent authorities conclude that traders do not comply with current regulations related to cigarette and cigar imports and the level of violation is at the criminal prosecution stage, the trader shall not act as the importer of cigarettes and cigars under the state trading mechanism stipulated in Clause 1 of Article 1 of this Circular until the trader is exempted from punishment or has their criminal record expunged in accordance with the law by the competent state authority.
Article 9. Implementation Provisions
1. This Circular takes effect from April 10, 2026.
2. During the implementation process, if any issues arise, organizations and individuals are responsible for reporting them to the Ministry of Industry and Trade to make appropriate supplements and amendments.
3. The Director of the Department of Import-Export, Heads of units under the Ministry of Industry and Trade, and relevant agencies and organizations are responsible for implementing this Circular.
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To be sent to: - Prime Minister; - Deputy Prime Ministers; - National Assembly Office; - President's Office; - Government Office; - Ministries, ministerial-level agencies, and government agencies; - Supreme People's Court; - Supreme People's Procuracy; - State Audit Agency; - Vietnam Fatherland Front Central Committee; - Legal Departments of ministries and ministerial-level agencies; - Ministry of Industry and Trade: Minister, Deputy Ministers, units under the Ministry; - Provincial People's Councils, Provincial People's Committees; - Provincial Departments of Industry and Trade; - Official Gazette; Government Portal; - Ministry of Industry and Trade Portal; - National Legal Portal; - File: VT, XNK (10b). |
DeputyMINISTER DEPUTY MINISTER (Signed) Nguyen Sinh Nhat Tan |
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