Circular No. 28/2019/TT-BCT amends and supplements certain provisions of Circular No. 57/2018/TT-BCT on tobacco business. This Circular stipulates the methods for submitting reports, application forms, and lists requesting production licenses for tobacco products, and replaces Appendix 74 with a new Appendix 1.
Scope of application
Enterprises engaged in tobacco business, state management agencies for tobacco business
Key points
- Enterprise → may submit reports through the following methods: directly, postal service, or as prescribed by law (Article 13a)
- Enterprise → application forms and lists requesting production licenses for tobacco products become effective from January 1, 2021 (Clause 2, Article 22)
- The old application forms and lists under Circular No. 21/2013/TT-BCT continue to be applicable until December 31, 2020 (Clause 4, Article 22)
- Appendix 74 of Circular No. 57/2018/TT-BCT is replaced by a new Appendix 1 (Article 3)
- This Circular takes effect from January 1, 2020 (Article 2)
🌐 Social impact of this document
- Positive impact: Reduces administrative burden on enterprises through clear regulations on report submission methods and new application forms and lists.
- Negative impact: Enterprises must comply with new requirements for application forms and lists starting from 2021.
❓ Frequently asked questions
How can enterprises engaged in tobacco business submit reports?
Enterprises may submit reports through the following methods: directly, postal service, or as prescribed by law (Article 13a).
When do the new application forms and lists requesting production licenses for tobacco products take effect?
The new application forms and lists take effect from January 1, 2021 (Clause 2, Article 22).
Until when can the old application forms and lists of Circular No. 21/2013/TT-BCT be used?
The old application forms and lists continue to be applicable until December 31, 2020 (Clause 4, Article 22).
When does this Circular take effect?
This Circular takes effect from January 1, 2020 (Article 2).
Which appendix replaces Appendix 74 of Circular No. 57/2018/TT-BCT?
A new Appendix 1 replaces Appendix 74 (Article 3).
Full text
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MINISTRY OF INDUSTRY AND TRADE Number: 28/2019/TT-MCT |
SOCIALIST REPUBLIC OF VIET NAM Hanoi, November 15, 2019 |
CIRCULAR
Amending and supplementing certain articles of Circular No. 57/2018/TT-MCT dated December 26, 2018, issued by the Minister of Industry and Trade detailing certain provisions of related Decrees concerning tobacco businessJune 2024;
Pursuant to Decree No. 98/2017/NĐ-CP dated August 18, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;
Pursuant to Decree No. 67/2013/ND-CP dated June 27, 2013 of the Government detailing certain provisions and measures for implementing the Law on Prevention and Control of Harmful Effects of Tobacco regarding tobacco business, and Decree No. 106/2017/ND-CP dated September 14, 2017 amending and supplementing certain articles of N |||Decree No. 67/2013/ND-CP dated June 27, 2013 of the Government;
Pursuant to Decree No. 08/2018/NĐ-CP dated January 15, 2018, issued by the Government, amending certain Decrees related to investment conditions within the scope of management by the Ministry of Industry and Trade;
At the proposal of the Director of the Industry Department,
The Minister of Industry and Trade hereby issues this Circular amending and supplementing certain articles of Circular No. 57/2018/TT-MCT dated December 26, 2018 detailing certain provisions of related Decrees concerning tobacco business as follows:
Article 1. Amending and supplementing certain articles of Circular No. 57/2018/TT-MCT dated December 26, 2018 of the Minister of Industry and Trade detailing certain provisions of related Decrees concerning tobacco business as follows:
1. Supplementing Article 13a as follows:
"Article 13a. Methods of submitting and receiving reports: Reports shall be submitted to the receiving authority through one of the following methods:a) Direct submission;b) Submission via postal service;c) Other methods as prescribed by law."
2. Clause 2 and Clause 4 of Article 22 are amended as follows:
"2. The forms and lists for applying for a Production License for tobacco products stipulated in this Circular shall take effect from January 1, 2021.4. The forms and lists for applying for a Production License for tobacco products stipulated in Circular No. 21/2013/TT-MCT shall continue to be applied until December 31, 2020."
3. Appendix 1 attached hereto replaces Appendix 74 of Circular No. 57/2018/TT-MCT dated December 26, 2018 of the Minister of Industry and Trade detailing certain provisions of related Decrees concerning tobacco business.
Article 2. Effective Date
This Circular takes effect from January 1, 2020./.
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Place of Receipt: - Supreme People's Court; |
THE MINISTER
Tran Tuan Anh |
Respectfully submitted to: The State Bank of Vietnam Branch in the Region ...
(Attached to Circular No. /2019/TT-MCT dated November 2019
of the Ministry of Industry and Trade)
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NAME OF QUALITY CONTROL AGENCY |
SOCIALIST REPUBLIC OF VIET NAM |
INSPECTION RECORD
Implementing Decision No. …/QD-…dated ... month ... year... of ... (1)Regarding the establishment of the Inspection Team to check business conditions and activities of tobacco product businesses, today at ... o'clock ... day ... month ... year ..., the Inspection Team conducted work at the enterprise: …, with the following results:
I. General Information
1. Name of the inspected enterprise: …
Address: …
Telephone:…Fax/Email :…
2. Business Registration Certificate number: ... issued by ... on date …..
month…year….
3. License …(2)… number: ... issued by ... on ... month…year…..
4. The Inspection Team was established pursuant to Decision No.:…
5. Members of the Inspection Team include the following Mr. (Mrs.) …
6. Representative of the inspected enterprise …position …
II. Content and Results of Inspection
Inspecting compliance with the provisions of Decree No. 67/2013/NĐ-CP dated June 27, 2013 of the Government detailing certain provisions and measures for implementing the Law on Prevention and Control of Harmful Effects of Tobacco regarding tobacco business, Decree No. 106/2017/ND-CP dated September 14, 2017 amending and supplementing certain articles of Decree No. 67/2013/ND-CP, Decree No. 08/2018/ND-CP dated January 15, 2018 of the Government amending certain Decrees relating to investment and business conditions within the scope of management of the Ministry of Industry and Trade, and Circular No. 57/2018/TT-MCT dated December 26, 2018 of the Ministry of Industry and Trade detailing certain provisions of related Decrees concerning tobacco business.
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No. |
Inspection Content |
Results |
Remarks |
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Achieved |
Not passed |
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A. Conditions for buying and selling tobacco products |
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1 |
Business Registration Certificate |
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2 |
Place of business |
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3 |
Distribution system of tobacco products of traders |
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4 |
Introduction letter from suppliers or distributors or wholesalers of tobacco products clearly stating the intended business area |
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5 |
Commitment of traders to fully comply with fire prevention and firefighting requirements |
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6 |
Commitment of traders to fully comply with environmental protection requirements |
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B. Business records of traders buying and selling tobacco products |
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1 |
Application form |
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2 |
Copy of Business Registration Certificate or Business Registration Certificate |
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3 |
Copies of introduction letters, purchase and sale contracts from suppliers or distributors or wholesalers of tobacco products |
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4 |
Records about place of business |
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5 |
Report on business results of the enterprise (in case of reissuing a license) |
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6 |
List of traders, copies of Business Registration Certificates or Business Registration Certificates and Tax Identification Numbers, and Licenses for trading tobacco products (if already engaged in business) belonging to the distribution system of tobacco products |
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7 |
Commitment of the enterprise to fully comply with fire prevention and firefighting and environmental protection requirements for warehouses
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III. Conclusions, Recommendations, and Dispositions
1. Conclusions
1.1 Regulations well implemented by the enterprise: …
1.2 Remaining issues: …
2. Recommendations
2.1 Recommendations of the Inspection Team to the enterprise …
2.2 Recommendations of the enterprise to the Inspection Team …
3. Dispositions …………..………………………………………………..............
The Inspection Team concluded at …o'clock…day…month …year…
This record is made in two identical copies. It has been read aloud to those named above, who have acknowledged its accuracy and signed it. One copy is given to the Inspection Team and one copy is given to the inspected enterprise.
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Legal representative of the enterprise |
Head of the Inspection Team |
Note:
(1): Name of inspection agency.
(2): State the name of the Tobacco Product Trading License (e.g., Tobacco Product Distribution License...).
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