Circular No. 37/2013/TT-BCT stipulates the importation of cigarettes and cigars and designates traders permitted to import. This Circular applies to importers and related organizations and individuals, except for specific cases such as operating duty-free shops or producing samples. The Circular specifies procedures for importation, automatic import registration, reporting on import situations, and re-evaluating trader designation after three years.
Scope of application
Importers of cigarettes and cigars; organizations and individuals related to the importation of cigarettes and cigars.
Key points
- Cigarettes and cigars may only be imported through international border gates and must comply with regulations on automatic import registration, product labeling, conformity declaration, and quality inspection.
- Vietnam Tobacco Corporation (VINATABA) is the sole trader designated to import cigarettes and cigars under the state trading mechanism.
- Traders must present the Application for Automatic Import Registration and related documents when processing import procedures.
- Prior to the first import, traders must submit samples of cigarettes and cigars to authorized organizations for analysis according to current laws.
- Traders must report on automatic imports quarterly and forecast the next year's import plan.
🌐 Social impact of this document
- Positive impact: Reducing risks for traders by designating a single entity for importation, ensuring product quality.
- Negative impact: Administrative burden on traders and organizations involved in the importation of cigarettes and cigars.
❓ Frequently asked questions
What must traders do when importing cigarettes and cigars?
Traders must present the Application for Automatic Import Registration and related documents such as contracts, commercial invoices, and bills of lading when processing import procedures. Additionally, before the first import, traders must submit samples of cigarettes and cigars to authorized organizations for analysis.
What is the validity period of the Application for Automatic Import Registration?
The implementation validity period of the Application for Automatic Import Registration confirmed by the Department of Import-Export - Ministry of Industry and Trade is thirty days from the date of confirmation.
How many traders are designated to import cigarettes and cigars?
Only Vietnam Tobacco Corporation (VINATABA) is the sole trader designated to import cigarettes and cigars under the state trading mechanism.
What reports must traders submit regarding importation?
Within fifteen days at the beginning of the following quarter, traders must submit a written report on the previous quarter's automatic importation of cigarettes and cigars. Before October 15 each year, traders must report on the importation of the last three quarters and forecast the next year's importation.
To which cases does this Circular apply?
This Circular does not apply to the importation of cigarettes and cigars for operation in duty-free shops; for producing samples for research, trial production, and temporary importation for sample display at exhibitions; or personal importation of cigarettes and cigars within the standard limit set by the Government.
Full text
|
MINISTRY OF INDUSTRY AND TRADE ------------- Number: 37/2013/TT-BCT |
SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------------------------- Hanoi, December 30, 2013 |
CIRCULAR
Regulations on Importing Cigarettes and Cigars
Pursuant to Decree No. 95/2012/NĐ-CP dated November 12, 2012, of the Government, detailing 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;
Pursuant to Decree No. 187/2013/NĐ-CP dated November 20, 2013 of the Government detailing the implementation of the Law on Trade regarding international trade activities and agency buying, selling, processing, and transiting goods with foreign countries;
At the proposal of the Director of the Department of Import-Export;
The Minister of Industry and Trade issues this Circular on regulations for importing cigarettes and cigars.
Article 1. Scope of Regulation
Article 1. This Circular stipulates the import activities of cigarettes and cigars.
2. This Circular does not apply to:
a) Importing cigarettes and cigars for sale at duty-free shops;
b) Importing cigarettes and cigars as samples for research, trial production, and temporary importation for sample display at exhibitions; cigarettes and cigars imported by individuals within the standard limit prescribed by the Government;
c) Temporary importation and re-exportation; temporary exportation and re-importation; transshipment trade and transit through the territory of Vietnam.
Article 2. Applicability
This Circular applies to traders importing cigarettes and cigars, organizations and individuals related to the import activities of cigarettes and cigars.
Article 3. Explanation of Terms
"Cigarettes and cigars" are tobacco products produced from all or part of tobacco raw materials and intended for smoking.
Article 4. List of Imported Cigarettes and Cigars
The list of imported cigarettes and cigars is specified in Appendix I attached to this Circular.
||| Article 5. Management Principles
1. Tobacco products, including cigarettes and cigars, are not encouraged for consumption according to the Framework Convention on Tobacco Control (FCTC) of the World Health Organization (WHO), which the Socialist Republic of Vietnam is a member. The State uniformly manages the importation of cigarettes and cigars in accordance with Vietnam's commitments upon joining the World Trade Organization (WTO).
2. In accordance with Vietnam's commitments under the WTO regarding state trading enterprises, only traders designated by the Ministry of Industry and Trade pursuant to Article 6 of this Circular may be permitted to import cigarettes and cigars.
The Ministry of Industry and Trade designates Vietnam Tobacco Corporation (VINATABA) as the trader to import cigarettes and cigars under the state trading mechanism.
Article 7. Requirements for Imported Cigarettes and Cigars
1. Imported cigarettes and cigars circulating in the market must have their trademark rights registered for protection in Vietnam; they must be affixed with tobacco import labels in accordance with the regulations of the Ministry of Finance.
2. Imported cigarettes and cigars for domestic sales must comply with current laws and regulations governing the sale of tobacco products.
5. Imported cigarettes and cigars must comply with current laws and regulations concerning product labeling, cigarette product labeling sold in Vietnam, and health warning labels on packaging.
Article 8. Import Procedures
2. Cigarettes and cigars may only be imported into Vietnam through international border gates.
Article 9. Registration for Import under Automatic Licensing System
a) Application for Automatic Import Registration of Cigarettes and Cigars: two (2) copies according to the model prescribed in Appendix II attached to this Circular;
b) Import Contract: one (1) copy (certified true copy by the trader);
c) Commercial Invoice: one (1) copy (certified true copy by the trader);
d) Bill of Lading or Transport Document of the consignment: one (1) copy (certified true copy by the trader).
2. Within five (5) working days from the date of receipt of the complete and valid dossier of the trader as stipulated in Clause 1, Article 9 of this Circular, the Department of Import-Export - Ministry of Industry and Trade shall confirm the Application for Automatic Import Registration of Cigarettes and Cigars. In case the dossier is incomplete or invalid, or if confirmation is not granted, the Department of Import-Export - Ministry of Industry and Trade shall notify the trader in writing to supplement the dossier or specify the reasons.
3. The validity period of the Application for Automatic Import Registration confirmed by the Department of Import-Export - Ministry of Industry and Trade is thirty (30) days, starting from the date of confirmation.
1. Within the first fifteen (15) days of the next quarter, traders importing cigarettes and cigars must submit to the Department of Import-Export - Ministry of Industry and Trade a written report on the situation of automatic importation of cigarettes and cigars in the previous quarter, detailing: type, quantity, import value, selling price, and projected import plan for the upcoming period (according to the model prescribed in Appendix III attached to this Circular).
2. Before October 15 each year, traders importing cigarettes and cigars must report to the Department of Import-Export - Ministry of Industry and Trade (in lieu of the third quarter report) on the import situation of the three (3) quarters and the projected import for the following year.
Three (3) years after the effective date of this Circular, the Ministry of Industry and Trade shall take the lead in evaluating the implementation of this Circular to review the designation of traders for the importation of cigarettes and cigars under the state trading mechanism.
Article 12. Effective Date
1. This Circular takes effect from February 20, 2014.
2. This Circular replaces Joint Circular No. 01/2007/TTLT-BTM-BCN dated January 10, 2007, issued by the Ministry of Trade and the Ministry of Industry (now the Ministry of Industry and Trade) guiding the importation of cigarettes and cigars as prescribed in 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 agency buying, selling, processing, and transiting goods with foreign countries./.
DEPUTY MINISTER
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