Decree No. 106/2017/ND-CP amends and supplements certain articles of Decree No. 67/2013/ND-CP dated June 27, 2013, of the Government detailing certain provisions and measures to implement the Law on Prevention and Control of Harmful Effects of Tobacco regarding tobacco trade.

DECREE

Amending and supplementing some articles of Decree No. 67/2013/NĐ-CP dated June 27, 2013 of the Government detailing some provisions and measures to implement the Law on Prevention and Control of Harmful Effects of Tobacco concerning tobacco trade Cigarette tradeJune 2024;

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Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Prevention and Control of Harmful Effects of Tobacco dated June 18, 2012;

At the proposal of the Minister of Industry and Trade,

The Government promulgates this Decree amending and supplementing some articles of Decree No. 67/2013/NĐ-CP dated June 27, 2013 of the Government detailing some provisions and measures to implement the Law on Prevention and Control of Harmful Effects of Tobacco concerning tobacco trade.

Article 1. Amending and supplementing some articles of Decree No. 67/2013/NĐ-CP dated June 27, 2013 of the Government detailing some provisions and measures to implement the Law on Prevention and Control of Harmful Effects of Tobacco concerning tobacco trade

1. Clause 3 of Article 3 is amended as follows:

"3. 'Tobacco strands' are materials processed from tobacco leaves after being cut into strands and used for producing tobacco products."

2. Clause 10 of Article 3 is amended as follows:

"10. 'Tobacco product distributor' is a trader who purchases tobacco products directly from a tobacco product supplier or another tobacco product distributor to sell to wholesale tobacco product traders and retail tobacco product traders."

3. Clause 12 of Article 3 is amended as follows:

"12. 'Retail tobacco product trader' is a trader who purchases tobacco products from a tobacco product distributor or a wholesale tobacco product trader to sell directly to consumers."

4. Clause 15 of Article 3 is supplemented as follows:

"15. 'Tobacco product trader' includes: Tobacco product distributors, wholesale tobacco product traders, and retail tobacco product traders."

5. Clause 2 of Article 4 is amended as follows:

"2. Tobacco trade is a business sector subject to conditions. Organizations and individuals producing, buying and selling tobacco products; processing tobacco raw materials, buying and selling tobacco raw materials, and investing in growing tobacco plants must have a permit in accordance with the provisions of this Decree."

6. Clause 7 of Article 8 is supplemented as follows:

"7. A list of tobacco growers, locations, and areas confirmed by the People's Committee of the commune."

7. Clause 3 of Article 10 is amended as follows:

"3. A table of area, warehouse layout, office space, and other auxiliary areas."

8. Point a, Point c, Point d of Clause 1 of Article 26 are amended as follows:

"a) Is a business established in accordance with the law;"

"c) Has a distribution system for tobacco products in at least two provinces (in each province, there must be at least one wholesale tobacco product trader)."

"d) Has a purchase and sale introduction letter from a tobacco supplier clearly stating the intended business area;"

9. Point a, Point d of Clause 2 of Article 26 are amended as follows:

"a) Is a business established in accordance with the law;"

"d) Has an introduction letter from a tobacco product supplier or a tobacco product distributor clearly stating the intended business area;"

10. Point a, Point d of Clause 3 of Article 26 are amended as follows:

"a) The trader is established in accordance with the law;"

"d) Has an introduction letter from tobacco product distributors or wholesale tobacco product traders clearly stating the intended business area;"

11. Point c, Point đ of Clause 1 of Article 27 are amended as follows:

"c) A copy of the introduction letter from tobacco product suppliers or tobacco product distributors, clearly stating the intended business area;"

"đ) Business performance report of the enterprise (for cases requesting renewal, amendment, or supplementary permits);"

12. Point c, Point đ of Clause 2 of Article 27 are amended as follows:

"c) A copy of the introduction letters from tobacco product suppliers or tobacco product distributors clearly stating the intended business area;"

"đ) Business performance report of the enterprise (for cases requesting renewal, amendment, or supplementary permits);"

13. Point c of Clause 3 of Article 27 is amended as follows:

c) A copy of the introduction letters from tobacco product distributors or wholesale tobacco product traders clearly stating the intended business area;"

14. Point b of Clause 2 of Article 28 is amended as follows:

b) Within fifteen working days from the date of receiving complete and valid files, the competent authority responsible for issuing licenses shall examine, inspect, evaluate, and issue a Distribution, Wholesale, Retail Tobacco Product License to the trader. In case of refusal, a written response with specific reasons must be provided;"

15. Clause 4 of Article 29 is amended as follows:

"4. Tobacco product distributors may purchase tobacco products from tobacco product suppliers or other tobacco product distributors to sell to tobacco product traders or sell at retail points of traders within the permitted area."

16. Clause 7 of Article 29 is amended as follows:

"7. Retail tobacco product traders may purchase tobacco products from tobacco product distributors or wholesale tobacco product traders to sell at permitted locations."

17. Clause 4 of Article 31 is supplemented as follows:

"4. Enterprises holding a Production License for Tobacco Products importing tobacco into Vietnam for trial production research shall submit one set of application documents directly, via postal service, or through the Internet to the Ministry of Industry and Trade including:

- A letter requesting import permission.

- Documents proving the origin of the imported samples.

Within seven working days from the date of receiving complete and valid files, the Ministry of Industry and Trade will review and provide a written response to the enterprise. In case of refusal, a written response with specific reasons must be provided."

18. Clause 1 of Article 32 is amended as follows:

"1. Counterfeit tobacco and smuggled tobacco are confiscated for destruction. Special cases are decided by the Prime Minister."

19. Clause 13 of Article 45 is supplemented as follows:

"13. The Ministry of Industry and Trade shall take the lead and coordinate with ministries, agencies at the same level, and related organizations to study and develop appropriate regulations to manage electronic tobacco products, to be submitted to the Prime Minister."

20. Clause 3 of Article 49 is amended as follows:

"3. Inspect and supervise investment in tobacco plant cultivation, tobacco raw material production and consumption, and tobacco product circulation within the management area."

Article 2. Repeal certain Articles of Decree No. 67/2013/NĐ-CP dated June 27, 2013 of the Government detailing certain provisions and measures to implement the Law on Prevention and Control of Harmful Effects of Tobacco regarding tobacco trade.

1. Repeal Point a Clause 3 Article 9.

2. Repeal Point e Clause 1 Article 26.

3. Repeal Point e Clause 2 Article 26.

4. Repeal Point c Clause 3 Article 26.

5. Repeal Point g Clause 1 Article 27.

6. Repeal Point g Clause 2 Article 27.

7. Repeal Clause 3 Article 46.

Article 3. Transitional Provisions

Licenses for purchasing and selling tobacco products already granted to traders under Decree No. 67/2013/NĐ-CP dated June 27, 2013 of the Government shall continue to be valid until their expiration date as specified in the License.

Article 4. Effectiveness and Implementation

1. This Decree takes effect from November 1, 2017.

2. The Minister of Industry and Trade is responsible for guiding the implementation of this Decree.

3. The Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees under the central city, are responsible for enforcing this Decree./.