Circular No. 21/2013/TT-BCT detailing certain provisions 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.

CIRCULAR

Regulations detailing certain provisions of Decree No. 67/2013/NĐ-CP dated June 27, 2013 on the Law on Prevention and Control of Harmful Effects of Tobacco regarding tobacco trade.

of the Government detailing certain provisions and measures for implementing

The Law on Prevention and Control of Harmful Effects of TobaccoJune 2024;

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Pursuant to Decree 95/2012/NĐ-CP dated November 12, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Based on Decree No. 67/2013/NĐ-CP dated June 27, 2013 of the Government detailing certain provisions and implementing measures under the Law on Prevention and Control of Harmful Effects of Tobacco concerning tobacco business;

The Minister of Industry and Trade stipulates details of certain provisions 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 concerning tobacco trade as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates:

Sample application forms, certificates of qualification for investment in tobacco plant cultivation, licenses, and related lists for issuance, supplementary issuance, amendment, reissuance of certificates and licenses including: Certificate of Qualification for Investment in Tobacco Plant Cultivation, License for Purchase and Sale of Tobacco Raw Materials, License for Processing Tobacco Raw Materials, License for Production of Tobacco Products, License for Purchase and Sale of Tobacco Products.

Guidelines for reporting systems and formats; list of specialized equipment for tobacco; guidelines for registration forms for importing cigarette paper, tobacco threads, tobacco leaf raw materials, and regulations on inspection of activities in tobacco trade.

Article 2. Applicability

This Circular applies to organizations and individuals both within and outside Vietnam participating in tobacco trade activities and other activities related to the production of tobacco products on Vietnamese territory.

Article 3. Explanation of Terms

Some terms defined in this Circular are understood as follows:

a) Certified copies in accordance with regulations (for submission via postal service/administrative correspondence);

a) Certified copy (in cases where applications are submitted through postal service/administrative correspondence).

c) Scans from original documents (if electronic submission of administrative procedures is applied).

2. A new license will be issued in cases of reissue due to damage, fire, loss; reissue after expiration following revocation; or reissue upon expiration of the current license.

2. Inspection authority is the agency assigned and authorized to perform state management tasks related to tobacco trade under the ministry managing the industry, or specialized agencies under provincial/municipal People's Committees directly under the central government.

Chapter

Article 4. Application forms and registration tables for requesting issuance of certificates confirming eligibility for investment in growing tobacco plants

1. Application form for requesting issuance of certificate confirming eligibility for investment in growing tobacco plants according to Form

Application forms and lists for requesting Certificates of Qualification for Investment in Tobacco Plant Cultivation include:

1. Application form for requesting Certificate of Qualification for Investment in Tobacco Plant Cultivation (according to Appendix 1 attached to this Circular).

2. List of area, warehouse layout, factory layout, office space, and other auxiliary areas (according to Appendix 2 attached to this Circular) and overall layout of all items mentioned above.

3. List of equipment: ventilation system, fire prevention and extinguishing equipment, hygrometer, thermometer, pest control equipment; racks or stands for tobacco leaf raw material packages (according to Appendix 3 attached to this Circular).

4. List of workforce (according to Appendix 4 attached to this Circular).

5. Summary list of tobacco plant cultivation area and estimated yield of tobacco leaf raw materials (according to Appendix 5 attached to this Circular).

Article 5. Application forms and lists for requesting Licenses for Purchase and Sale of Tobacco Raw Materials

Application forms and lists for requesting Licenses for Purchase and Sale of Tobacco Raw Materials include:

1. Application form for requesting License for Purchase and Sale of Tobacco Raw Materials (according to Appendix 7 attached to this Circular).

2. List of area, warehouse layout, office space, and other auxiliary areas (according to Appendix 2 attached to this Circular).

3. List of equipment: ventilation system, fire prevention and extinguishing equipment, hygrometer, thermometer, pest control equipment; racks or stands for tobacco packages, transportation means (according to Appendix 3 attached to this Circular).

4. List of workforce (according to Appendix 4 attached to this Circular).

1. Application form for requesting issuance of license for processing tobacco raw materials according to Form

Application forms and lists for requesting Licenses for Processing Tobacco Raw Materials include:

1. Application form for requesting License for Processing Tobacco Raw Materials (according to Appendix 9 attached to this Circular).

2. List of area, layout of sorting, processing, packaging, storage, office space, and other auxiliary areas (according to Appendix 2 attached to this Circular).

3. List of machinery and equipment for tobacco raw material processing, quality testing equipment before and after processing (according to Appendix 10 attached to this Circular).

4. List of equipment: ventilation system, fire prevention and extinguishing equipment, hygrometer, thermometer, pest control equipment; racks or stands for tobacco packages (according to Appendix 3 attached to this Circular).

5. List of workforce (according to Appendix 4 attached to this Circular).

1. Application form for requesting issuance of license for producing tobacco products according to Form

Application forms and lists for requesting Licenses for Production of Tobacco Products include:

1. Application form for requesting License for Production of Tobacco Products (according to Appendix 12 attached to this Circular).

2. Subsidiary companies submit application files for requesting License for Production of Tobacco Products to the parent company. The parent company represents the parent-subsidiary group, compiles the application file (including files from the parent company and subsidiary companies) to request the Ministry of Industry and Trade to issue a License for Production of Tobacco Products for the parent-subsidiary group (according to Appendix 13 attached to this Circular).

3. Report on business results of the last three years (if available) and projected production volume for the next five years (according to Appendix 14 attached to this Circular).

4. List of machinery and equipment for cigarette rolling and cigarette packaging (according to Appendix 15 attached to this Circular).

5. List of area, layout of storage, factory, office space, and other auxiliary areas (according to Appendix 2 attached to this Circular).

6. List of investment in tobacco plant cultivation (according to Appendix 16 attached to this Circular).

Article 8. Forms of application and commitment for requesting a Permit to buy and sell tobacco products

The forms of application and commitment for requesting a Permit to distribute tobacco products, a Wholesale Permit for tobacco products, and a Retail Permit for tobacco products include:

1. Form of application for a Permit to distribute tobacco products (in accordance with Appendix 19 attached hereto).

2. Form of application for a Wholesale Permit for tobacco products (in accordance with Appendix 21 attached hereto).

3. Form of application for a Retail Permit for tobacco products (in accordance with Appendix 23 attached hereto).

4. Commitment of the trader to ensure full compliance with fire prevention and fighting requirements, and environmental protection (in accordance with the model at Appendix 25 attached hereto).

Article 9. Sample Certificate, Permit

1. Form of Certificate of Eligibility for Investment in Tobacco Plant Cultivation (in accordance with Appendix 6 attached hereto).

2. Form of Permit to buy and sell tobacco raw materials (in accordance with Appendix 8 attached hereto).

3. Form of Permit to process tobacco raw materials (in accordance with Appendix 11 attached hereto).

4. Form of Permit to produce tobacco products (in accordance with Appendices 17 and 18 attached hereto).

5. Form of Permit to buy and sell tobacco products (in accordance with Appendices 20, 22, and 24 attached hereto).

Chapter

APPLICATION FORM FOR REQUESTING AMENDMENT, SUPPLEMENT, AND RENEWAL OF CERTIFICATE AND PERMIT

FORM OF AMENDMENT AND SUPPLEMENT FOR RENEWAL OF CERTIFICATE AND PERMIT

Article 10.

Application form for requesting amendment and supplement of Certificate of Eligibility for Investment in Tobacco Plant Cultivation, Permit to buy and sell tobacco raw materials, Permit to process tobacco raw materials, Permit to produce tobacco products, and Permit to buy and sell tobacco products includes:

1. Application form for requesting amendment and supplement of Certificate of Eligibility for Investment in Tobacco Plant Cultivation, Permit to buy and sell tobacco raw materials, Permit to process tobacco raw materials, Permit to produce tobacco products, and Permit to buy and sell tobacco products (in accordance with Appendices 26, 28, 30, 32, 34, 46, 48, and 50 attached hereto).

2. Amendment and supplement form for Certificate of Eligibility for Investment in Tobacco Plant Cultivation, Permit to buy and sell tobacco raw materials, Permit to process tobacco raw materials, Permit to produce tobacco products, and Permit to buy and sell tobacco products (in accordance with Appendices 27, 29, 31, 33, 35, 47, 49, and 51 attached hereto).

Article 11.

1. Application form for requesting renewal of Certificate of Eligibility for Investment in Tobacco Plant Cultivation, Permit to buy and sell tobacco raw materials, Permit to process tobacco raw materials, Permit to produce tobacco products, and Permit to buy and sell tobacco products that have been issued and expired (in accordance with Appendices 1, 7, 9, 12, 13, 19, 21, and 23 attached hereto).

2. Application form for requesting renewal of Certificate of Eligibility for Investment in Tobacco Plant Cultivation, Permit to buy and sell tobacco raw materials, Permit to process tobacco raw materials, Permit to produce tobacco products, and Permit to buy and sell tobacco products that have been issued and lost, destroyed entirely or partially, torn, damaged, or burned (in accordance with Appendices 36, 38, 40, 42, 44, 52, 54, and 56 attached hereto).

3. Renewal form for Certificate of Eligibility for Investment in Tobacco Plant Cultivation, Permit to buy and sell tobacco raw materials, Permit to process tobacco raw materials, Permit to produce tobacco products, and Permit to buy and sell tobacco products that have been issued and lost, destroyed entirely or partially, torn, damaged, or burned (in accordance with Appendices 37, 39, 41, 43, 45, 53, 55, and 57 attached hereto).

Chapter

APPLICATION FORM FOR IMPORTING TOBACCO RAW MATERIALS

 TOBACCO ROLLED LEAF PAPER

Article 12. Model form for registering demand for tobacco raw materials and cigarette paper

1. The model form for requesting importation of tobacco raw materials and cigarette paper for domestic production of tobacco products, stating clearly the results of business operations, the situation of importing tobacco raw materials and cigarette paper in the reporting year, commitment to using tobacco raw materials and cigarette paper for their intended purpose without exchanging or selling them under any form, and any proposals or recommendations (if any).

2. Report on the production and consumption of tobacco products in the reporting year and forecast for the next year (according to Appendix 58 attached to this Circular).

3. Report on the quota for using tobacco raw materials and cigarette paper for the next year (according to Appendix 59 attached to this Circular).

4. Registration of demand for cigarette paper and tobacco raw materials for the next year (according to Appendix 60 attached to this Circular).

Article 13. Model form for requesting importation of tobacco raw materials and cigarette paper for export production or export processing

1. The model form for requesting importation of tobacco raw materials and cigarette paper for export production or export processing (according to Appendix 61 attached to this Circular).

2. The model form for requesting importation of tobacco raw materials for export processing or export processing of tobacco raw materials (according to Appendix 61 attached to this Circular).

Chapter

FORMS, REPORTING REGIMES

Article 14. Reporting forms and reporting system for state management agencies at all levels concerning industry and trade

1. Every six months, the Department of Industry and Trade shall report to the Ministry of Industry and Trade on the business operation situation and the issuance of Certificates of Eligibility for Tobacco Planting Investment, Licenses for Trading in Tobacco Raw Materials, Wholesale Licenses for Tobacco Products, Retail Licenses for Tobacco Products, and Tobacco Product Business Operations within its jurisdiction, no later than twenty days from the end of the reporting period (according to Appendices 62, 64, and 65 attached to this Circular).

2. Before January 15 each year, the Department of Industry and Trade shall report to the Ministry of Industry and Trade on the investment situation in tobacco planting within its jurisdiction (according to Appendix 63 attached to this Circular).

3. Every six months, the Industry and Trade Office or Economic Office (specialized agency under the People's Committee of district, county, town, or provincial city - hereinafter referred to as the Industry and Trade Office) shall report to the Department of Industry and Trade on the business operation situation and issuance of Retail Licenses for Tobacco Products within its jurisdiction, no later than ten days from the end of the reporting period (according to Appendix 66 attached to this Circular).

Article 15. Reporting forms and reporting system for enterprises

1. Every six months, tobacco product manufacturing enterprises and tobacco importers must submit reports to the Ministry of Industry and Trade and the Ministry of Finance on the production of tobacco products and tobacco imports, no later than ten days from the end of the reporting period (according to Appendix 67 attached to this Circular).

2. Every six months, tobacco product manufacturing enterprises must submit reports to the Ministry of Industry and Trade on the importation of tobacco raw materials and cigarette paper, no later than ten days from the end of the reporting period (according to Appendix 68 attached to this Circular).

3. Every six months, tobacco product manufacturing enterprises must submit reports to the Ministry of Industry and Trade on the domestic purchase and sale of tobacco raw materials for the production of domestically consumed tobacco products and for export production, no later than ten days from the end of the reporting period (according to Appendix 69 attached to this Circular).

4. Every six months, tobacco plant investment enterprises must submit reports to the Department of Industry and Trade on the investment situation in tobacco planting, no later than ten days from the end of the reporting period (according to Appendix 70 attached to this Circular).

5. Every six months, tobacco raw material trading enterprises must submit reports to the issuing authority regarding the entrusted import and export of tobacco raw materials, no later than ten days from the end of the reporting period (according to Appendix 71 attached to this Circular).

6. Every six months, tobacco raw material processing enterprises must submit reports to the issuing authority on the production and business operation situation of tobacco raw material processing, no later than ten days from the end of the reporting period (according to Appendix 72 attached to this Circular).

7. Before January 31 each year, tobacco business enterprises must submit the previous year's report to the competent authority that issued the license on the situation of exporting and export processing of tobacco raw materials (according to Appendix 73 attached to this Circular).

8. In cases where enterprises import new machinery and equipment for export production or to replace old machinery and equipment, before January 31 each year, tobacco product manufacturing enterprises must report to the issuing authority on the importation and use of specialized tobacco machinery and equipment (according to Appendix 74 attached to this Circular).

9. Every six months, suppliers of tobacco products must submit statistical reports on the volume and types of tobacco products traded (by distribution, wholesale, retail systems) to the Ministry of Industry and Trade and the Department of Industry and Trade where the enterprise's main office is located (according to Appendices 75 and 76 attached to this Circular).

10. Every six months, traders engaged in distribution, wholesale, and retail of tobacco products must report their business situation to relevant state management agencies concerning industry and trade (according to Appendices 77, 78, and 79 attached to this Circular).

Chapter

PROVISIONS ON INSPECTION

Article 16. Periodic Inspection

1. Based on actual circumstances and requirements for inspecting compliance with laws on tobacco business for each organization and individual, competent state agencies shall develop annual periodic inspection plans.

2. The annual periodic inspection plan must include the following main contents: Purpose and requirements for inspection; objects and scope to be inspected; contents to be inspected; time and location of inspection; inspection budget; inspection force; assignment of responsibilities for organizing and implementing inspections; reporting system.

3. Prior to conducting the inspection, the inspection agency must notify the inspection plan to the organizations and individuals at least 15 (fifteen) days before the inspection date.

Article 17. Spot Inspections

The inspection agency shall conduct surprise inspections in the following cases:

1. When discovering organizations or individuals engaged in tobacco business violating provisions stipulated in Decree No. 67/2013/NĐ-CP dated June 27, 2013 of the Government detailing certain articles and measures to implement the Law on Prevention and Control of Harmful Effects of Tobacco regarding tobacco business and provisions stipulated in this Circular.

2. Information from mass media with licenses issued by competent state agencies, information from complaints and reports or tips from organizations and individuals.

3. At the request of higher-level state management agencies with authority.

4. The inspection agency does not need to notify the inspection plan to organizations and individuals in advance.

Article 18. Contents of Inspection

1. Inspect documents related to certification of eligibility for investment in tobacco plant cultivation, permits for buying and selling tobacco raw materials, permits for processing tobacco raw materials, permits for producing tobacco products, and permits for buying and selling tobacco products as prescribed in Articles 8, 10, 13, 18, and 27 of Decree No. 67/2013/NĐ-CP dated June 27, 2013 of the Government detailing certain articles and measures to implement the Law on Prevention and Control of Harmful Effects of Tobacco regarding tobacco business.

2. Inspect compliance with conditions for investment in tobacco plant cultivation, buying and selling tobacco raw materials, processing tobacco raw materials, producing tobacco products, and buying and selling tobacco products as prescribed in Articles 7, 9, 12, 17, and 26 of Decree No. 67/2013/NĐ-CP dated June 27, 2013 of the Government detailing certain articles and measures to implement the Law on Prevention and Control of Harmful Effects of Tobacco regarding tobacco business.

3. Inspect compliance with regulations on investment in modernizing equipment and technology; investment in producing tobacco for export and processing tobacco for export; planning; investment in processing tobacco raw materials; foreign investment in producing tobacco products as prescribed in Articles 24 and 25 of Decree No. 67/2013/NĐ-CP dated June 27, 2013 of the Government detailing certain articles and measures to implement the Law on Prevention and Control of Harmful Effects of Tobacco regarding tobacco business.

4. Inspect compliance with regulations on using specialized machinery and equipment for producing tobacco, tobacco raw materials, cigarette paper, and product labels as prescribed in Articles 33, 34, 35, 36, and 37 of Decree No. 67/2013/NĐ-CP dated June 27, 2013 of the Government detailing certain articles and measures to implement the Law on Prevention and Control of Harmful Effects of Tobacco regarding tobacco business.

Article 19. Handling Inspection Results

1. Based on inspection results, the inspection team shall immediately prepare an inspection report after completing the inspection at the inspection site (according to Model Appendix 81 and 82 attached to this Circular) and notify the inspection results to the inspection agency and the inspected organization or individual.

2. Based on inspection results, depending on the level of violation, the inspection team shall recommend the inspection agency to impose penalties or proceed with transferring the violation case file of the organization or individual to the competent authority for administrative penalty according to the law on administrative penalties.

Article 20. Responsibilities and authorities of the inspection agency

The inspection authority for business operations has the following responsibilities and authorities:

1. Develop an inspection plan to be submitted to the competent authority for approval.

2. Decide to establish an Inspection Team to carry out inspection work according to the regular or ad hoc inspection plan.

3. Issue a decision on handling within the latest seven working days from the date of receiving the report of the Inspection Team regarding the temporary suspension of tobacco business activities.

4. Handle violations during the inspection of business activities in accordance with relevant laws.

5. Notify organizations and individuals of the results of the inspection and related conclusions.

6. Resolve complaints and denunciations concerning decisions of the Inspection Team and actions of members of the Inspection Team in accordance with the law on complaints and denunciations.

Article 21. Responsibilities and authorities of the Inspection Team

During the inspection process, the Inspection Team has the following responsibilities and authorities:

1. Conduct inspections of tobacco business activities in accordance with the Decision to establish the Inspection Team approved by the competent authority.

2. Comply with laws and fully implement the contents of the inspection stipulated in Article 18 of this Circular and other relevant laws governing tobacco business activities.

3. Summarize and report the inspection situation and results of tobacco business activities to the Provincial People's Committee, Ministry of Industry and Trade.

4. Require organizations and individuals being inspected to present relevant files and documents when necessary.

5. Require organizations and individuals engaged in tobacco business that do not comply with laws on tobacco business to take corrective measures.

Article 22. Responsibilities and authorities of organizations and individuals engaged in tobacco business

1. Cooperate with the Inspection Team and the inspection authority during the inspection of tobacco business activities at the inspection location.

2. Provide files and documents related to tobacco business activities as prescribed in Article 18 of this Circular.

3. Adhere to inspection activities conducted by the inspection authority and the Inspection Team and comply with violation handling decisions made by the competent authority.

4. Report:

a) The situation of rectifying violations during business operations to the inspection authority;

b) Compliance with laws governing tobacco business activities when requested by the competent authority.

5. Maintain conditions ensuring compliance with laws governing tobacco business activities.

6. Rectify deficiencies noted in the inspection record as required by the inspection authority and the Inspection Team.

7. Appeal the conclusion of the Inspection Team in accordance with the law.

Chapter

IMPLEMENTING PROVISIONS

Article 23. Implementation Organization

1. The Department of Light Industry, within its functions and tasks, shall take the lead and coordinate with units under the Ministry to perform the following tasks:

a) Organize the receipt of files, inspection, supervision, evaluation, and submit to the Ministry's leadership for approval on investment policies for tobacco product production, processing licenses for tobacco raw materials, production licenses for tobacco products, and related business activities as prescribed;

b) Develop inspection plans and organize guidance and inspections of organizations and individuals in implementing the provisions of Decree No. 67/2013/NĐ-CP dated June 27, 2013 of the Government detailing certain articles and measures to implement the Law on Prevention and Control of Harmful Effects of Tobacco regarding tobacco business, the provisions of this Circular, and other relevant laws concerning tobacco business.

2. The Department of Domestic Market, within its functions and tasks, shall take the lead and coordinate with units under the Ministry to perform the following tasks:

a) Organize the acceptance of applications, examination, supervision, evaluation, and submission to the Ministry's leadership for issuance of tobacco product trading licenses in accordance with this Circular;

b) Develop inspection plans and organize guidance and inspections of organizations and individuals in implementing the provisions of Decree No. 67/2013/NĐ-CP dated June 27, 2013 of the Government detailing certain articles and measures to implement the Law on Prevention and Control of Harmful Effects of Tobacco regarding tobacco business, the provisions of this Circular, and other relevant laws concerning tobacco business.

3. The Market Management Agency, within its functions and tasks, shall take the lead and coordinate with units under the Ministry to perform the following tasks:

Organize inspections of organizations and individuals related to compliance with the provisions of Decree No. 67/2013/NĐ-CP dated June 27, 2013 of the Government detailing certain articles and measures to implement the Law on Prevention and Control of Harmful Effects of Tobacco regarding tobacco business, the provisions of this Circular, and other relevant laws concerning tobacco product business.

4. The Department of Industry and Trade, within its functions and tasks, shall take the lead and coordinate with relevant agencies in the province to perform the following tasks:

a) Organize the receipt of files, inspection, supervision, evaluation, and issuance of Certificates of Eligibility for Investment in Tobacco Plant Cultivation, Licenses for Tobacco Raw Material Trading, Wholesale Licenses for Tobacco Products within the scope of authority as prescribed in this Circular;

b) Organize guidance and inspections of the Commerce Departments in issuing retail tobacco product licenses in accordance with this Circular;

c) Develop inspection plans and organize guidance and inspections of organizations and individuals in the province in implementing the provisions of Decree No. 67/2013/NĐ-CP dated June 27, 2013 of the Government detailing certain articles and measures to implement the Law on Prevention and Control of Harmful Effects of Tobacco regarding tobacco business, the provisions of this Circular, and other relevant laws concerning tobacco business.

5. The Industry and Trade Office, within its functions and tasks, shall take the lead and coordinate with relevant agencies in the area to perform the following tasks:

a) Organize the receipt of files, inspection, evaluation, and issuance of Retail Licenses for Tobacco Products within the scope of authority as prescribed in this Circular;

b) Develop inspection plans and organize guidance and inspections of organizations and individuals in implementing the provisions of Decree No. 67/2013/NĐ-CP dated June 27, 2013 of the Government detailing certain articles and measures to implement the Law on Prevention and Control of Harmful Effects of Tobacco regarding tobacco business, the provisions of this Circular, and other relevant laws concerning tobacco business.

6. Responsibilities of the People's Committee of the province, centrally governed city

The People's Committee of the province, centrally governed city shall be responsible for directing the Department of Industry and Trade to organize the implementation of this Circular; organize inspections and handle violations of laws on investment in tobacco plant cultivation, tobacco raw material trading, and tobacco product trading within their jurisdiction.

Article 24. Effective Date

1. This Circular takes effect from October 15, 2013.

2. Repeal Circular No. 02/2011/TT-BCT dated January 28, 2011 of the Ministry of Industry and Trade guiding Decree No. 119/2007/NĐ-CP dated July 18, 2007 of the Government on tobacco production and business from the date this Circular takes effect.

3. During the implementation process, individuals and organizations must regularly report to the Ministry of Industry and Trade on the results of organizing the implementation and promptly reflect difficulties and obstacles to allow the Ministry of Industry and Trade to supplement and adjust./.