Consolidated Document number 51/VBHN-BCT Circular detailing certain provisions of Decrees related to tobacco business operations

CIRCULAR

Article 24prescribing details for certain provisions of related Decrees N |||concerning tobacco trade

Circular No. 57/2018/TT-BCT dated December 26, 2018, issued by the Minister of Industry and Trade, prescribing details for certain provisions of related Decrees concerning tobacco trade, effective from February 19, 2019, has been amended and supplemented by:

1. Circular No. 28/2019/TT-BCT dated November 15, 2019, issued by the Minister of Industry and Trade, amending and supplementing certain provisions of Circular No. 57/2018/TT-BCT dated December 26, 2018, issued by the Minister of Industry and Trade, prescribing details for certain provisions of related Decrees concerning tobacco trade, effective from January 1, 2020;

2. Circular No. 53/2020/TT-BCT dated December 31, 2020, issued by the Minister of Industry and Trade, amending and supplementing certain provisions of Circular No. 57/2018/TT-BCT dated December 26, 2018, prescribing details for certain provisions of related Decrees concerning tobacco trade, effective from January 1, 2021;

3. Circular No. 30/2022/TT-BCT dated November 4, 2022, issued by the Minister of Industry and Trade, amending and supplementing certain provisions of Circular No. 57/2018/TT-BCT dated December 26, 2018, prescribing details for certain provisions of related Decrees concerning tobacco trade, effective from January 1, 2021;

4. Circular No. 43/2023/TT-BCT dated December 28, 2023, issued by the Minister of Industry and Trade, amending and supplementing certain provisions of Circular No. 57/2018/TT-BCT dated December 26, 2018, prescribing details for certain provisions of related Decrees concerning tobacco trade, effective from January 1, 2021;

5. Circular No. 38/2025/TT-BCT dated June 19, 2025, issued by the Minister of Industry and Trade, amending and supplementing certain provisions regarding the delegation of administrative procedures in areas under the management of the Ministry of Industry and Trade, effective from July 1, 2025.

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/NĐ-CP dated June 27, 2013, issued by the Government, detailing certain provisions and measures for implementing the Law on Prevention and Control of Harmful Effects of Tobacco concerning tobacco trade, and Decree No. 106/2017/NĐ-CP dated September 14, 2017, amending and supplementing certain provisions of Decree No. 67/2013/NĐ-CP dated June 27, 2013, issued by 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 promulgates this Circular prescribing details for certain provisions of related Decrees concerning tobacco trade as follows:[1]

Chapter I. GENERAL PROVISIONS

Article 1. Scope of Regulation

1. Application forms, certificates of eligibility for investment in tobacco plant cultivation, licenses, and related lists for issuing, supplementing, amending, reissuing certificates and licenses including: Certificate of Eligibility for Investment in Tobacco Plant Cultivation, License for Buying and Selling Tobacco Raw Materials, License for Processing Tobacco Raw Materials, License for Producing Tobacco Products, License for Buying and Selling Tobacco Products.

2. Guidelines for reporting systems and formats; list of specialized equipment for tobacco; guidelines for import registration forms for cigarette paper, tobacco threads, tobacco leaves, and regulations on inspecting activities in tobacco trade.

Article 2. Applicability

This Circular applies to organizations and individuals engaged in tobacco trade and other activities related to tobacco trade within the territory of Vietnam.

Article 3. Import of tobacco raw materials and cigarette paper

1. Based on the annual tariff quota volume, production capacity of enterprises, domestic supply capability of raw materials, and the registration demand of enterprises to produce domestically consumed tobacco products, the People's Committee of the province shall consider and approve enterprises to use tobacco raw materials and cigarette paper for their intended purpose without exchanging or trading in any form. Enterprises submit registration files according to Form[2] Appendix No. 1 attached hereto. Enterprises importing tobacco raw materials and cigarette paper for producing tobacco products for export or processing tobacco products for export shall submit registration applications according to Form

2. Appendix No. 2 attached hereto to the People's Committee of the province. 3. Enterprises importing tobacco raw materials for processing tobacco raw materials for export or processing tobacco raw materials for export shall submit registration applications according to Form[3].

Appendix No. 3 APPLICATION FORMS AND REGISTRATION TABLES FOR REQUESTING ISSUANCE OF CERTIFICATES AND LICENSES AND SAMPLES OF CERTIFICATES AND LICENSES 3. Enterprises importing tobacco raw materials for processing tobacco raw materials for export or processing tobacco raw materials for export shall submit registration applications according to Form[4].

Chapter II. 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

2. Registration table summarizing the area planted with tobacco plants and the estimated yield of tobacco leaf raw materials according to Form Number of Agents Enterprises importing tobacco raw materials and cigarette paper for producing tobacco products for export or processing tobacco products for export shall submit registration applications according to Form

3. Registration table listing tobacco growers, locations, and areas confirmed by the People's Committee of the commune according to Form … (Name of economic organization) requests to change the Certificate of Registration for Currency Exchange Agent with the following content: Enterprises importing tobacco raw materials and cigarette paper for producing tobacco products for export or processing tobacco products for export shall submit registration applications according to Form

Article 5. Application form for requesting issuance of license for buying and selling tobacco raw materials Certificate of Registration for Change of Currency Exchange Agent No…. date….) Enterprises importing tobacco raw materials and cigarette paper for producing tobacco products for export or processing tobacco products for export shall submit registration applications according to Form

Application form for requesting issuance of license for buying and selling tobacco raw materials according to Form

Appendix No. 8 Article 6. Application forms and registration tables for requesting issuance of license for processing tobacco raw materials Enterprises importing tobacco raw materials and cigarette paper for producing tobacco products for export or processing tobacco products for export shall submit registration applications according to Form

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

Appendix No. 10 2. Registration table listing the list of specialized machinery and equipment for the processing stage of tobacco raw materials, quality inspection equipment before and after processing according to Form Enterprises importing tobacco raw materials and cigarette paper for producing tobacco products for export or processing tobacco products for export shall submit registration applications according to Form

Appendix No. 11 3. Registration table listing equipment: ventilation system, fire prevention and extinguishing equipment, hygrometers, thermometers, pest control means; racks or stands for cigarette cases according to Form Enterprises importing tobacco raw materials and cigarette paper for producing tobacco products for export or processing tobacco products for export shall submit registration applications according to Form

Appendix No. 12 Article 7. Application forms and registration tables for requesting issuance of license for producing tobacco products Enterprises importing tobacco raw materials and cigarette paper for producing tobacco products for export or processing tobacco products for export shall submit registration applications according to Form

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

Appendix No. 14 2. Report on the results of production and business activities of the enterprise in the last three years (if available) and the projected production and business volume for the next five years according to Form Enterprises importing tobacco raw materials and cigarette paper for producing tobacco products for export or processing tobacco products for export shall submit registration applications according to Form

Appendix No. 15 3. Registration table listing machinery and equipment for rolling cigarettes and packaging tobacco according to Form Enterprises importing tobacco raw materials and cigarette paper for producing tobacco products for export or processing tobacco products for export shall submit registration applications according to Form

Appendix No. 16 4. Registration table on investment in growing tobacco plants according to Form Enterprises importing tobacco raw materials and cigarette paper for producing tobacco products for export or processing tobacco products for export shall submit registration applications according to Form

Appendix No. 17 Article 8. Application form for requesting issuance of license for buying and selling tobacco products Enterprises importing tobacco raw materials and cigarette paper for producing tobacco products for export or processing tobacco products for export shall submit registration applications according to Form

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

Appendix No. 19 2. Application form for requesting issuance of license for wholesaling tobacco products according to Form Enterprises importing tobacco raw materials and cigarette paper for producing tobacco products for export or processing tobacco products for export shall submit registration applications according to Form

Appendix No. 21 3. Application form for requesting issuance of license for retailing tobacco products according to Form Enterprises importing tobacco raw materials and cigarette paper for producing tobacco products for export or processing tobacco products for export shall submit registration applications according to Form

Appendix No. 23 4. Commitment letter from traders ensuring full compliance with fire prevention and environmental protection requirements according to Form at Enterprises importing tobacco raw materials and cigarette paper for producing tobacco products for export or processing tobacco products for export shall submit registration applications according to Form

Appendix No. 25 Appendix 25 Enterprises importing tobacco raw materials and cigarette paper for producing tobacco products for export or processing tobacco products for export shall submit registration applications according to Form

Article 9. Sample Certificate, Permit

1. Sample Certificate of Eligibility for Investment in Tobacco Planting according to Appendix 7 Appendix 7 Enterprises importing tobacco raw materials and cigarette paper for producing tobacco products for export or processing tobacco products for export shall submit registration applications according to Form

2. Sample Permit for Buying and Selling Tobacco Raw Materials according to Appendix 9 Appendix 9 Enterprises importing tobacco raw materials and cigarette paper for producing tobacco products for export or processing tobacco products for export shall submit registration applications according to Form

3. Sample Permit for Processing Tobacco Raw Materials according to Appendix 13 Appendix 13 Enterprises importing tobacco raw materials and cigarette paper for producing tobacco products for export or processing tobacco products for export shall submit registration applications according to Form

4. Sample Permit for Producing Tobacco Products according to Appendix 18 Appendix 18 Enterprises importing tobacco raw materials and cigarette paper for producing tobacco products for export or processing tobacco products for export shall submit registration applications according to Form

5. Sample Permit for Buying and Selling Tobacco Products according to Appendix 20 at Appendix 20, 22 and 24 Enterprises importing tobacco raw materials and cigarette paper for producing tobacco products for export or processing tobacco products for export shall submit registration applications according to Form

Chapter III. SAMPLE APPLICATION FOR AMENDMENT, SUPPLEMENT, RENEWAL OF CERTIFICATE, PERMIT AND SAMPLE OF AMENDED, SUPPLEMENTED RENEWED CERTIFICATE, PERMIT

Article 10. Sample Application Form, Sample Amended and Supplemental Certificate, Permit for Certificate of Eligibility for Investment in Tobacco Planting, Permit for Buying and Selling Tobacco Raw Materials, Permit for Processing Tobacco Raw Materials, Permit for Producing Tobacco Products, Permit for Buying and Selling Tobacco Products

1. Sample Application for Amendment and Supplement of Certificate of Eligibility for Investment in Tobacco Planting, Permit for Buying and Selling Tobacco Raw Materials, Permit for Processing Tobacco Raw Materials, Permit for Producing Tobacco Products, Permit for Buying and Selling Tobacco Products according to Appendix 26 Appendix 26, 28, 30, 32, 42, 44 and 46 Enterprises importing tobacco raw materials and cigarette paper for producing tobacco products for export or processing tobacco products for export shall submit registration applications according to Form

2. Sample Amended and Supplemental Certificate, Permit for Certificate of Eligibility for Investment in Tobacco Planting, Permit for Buying and Selling Tobacco Raw Materials, Permit for Processing Tobacco Raw Materials, Permit for Producing Tobacco Products, Permit for Buying and Selling Tobacco Products according to Appendix 27 Appendix 27, 29, 31, 33, 43, 45 and 47 Enterprises importing tobacco raw materials and cigarette paper for producing tobacco products for export or processing tobacco products for export shall submit registration applications according to Form

Article 11. Sample Application Form, Sample Renewed Certificate, Permit for Certificate of Eligibility for Investment in Tobacco Planting, Permit for Buying and Selling Tobacco Raw Materials, Permit for Processing Tobacco Raw Materials, Permit for Producing Tobacco Products, Permit for Buying and Selling Tobacco Products

1. Sample Application for Renewal of Certificate of Eligibility for Investment in Tobacco Planting, Permit for Buying and Selling Tobacco Raw Materials, Permit for Processing Tobacco Raw Materials, Permit for Producing Tobacco Products, Permit for Buying and Selling Tobacco Products that have been issued and expired according to Appendix 34 Number of Agents, 8, 10, 14, 19, 21 and 23 Enterprises importing tobacco raw materials and cigarette paper for producing tobacco products for export or processing tobacco products for export shall submit registration applications according to Form

2. Sample Application for Renewal of Certificate of Eligibility for Investment in Tobacco Planting, Permit for Buying and Selling Tobacco Raw Materials, Permit for Processing Tobacco Raw Materials, Permit for Producing Tobacco Products, Permit for Buying and Selling Tobacco Products that have been issued and lost, destroyed entirely or partially, torn, damaged or burned according to Appendix 34 Appendix 34, 36, 38, 40, 48, 50 and 52 Enterprises importing tobacco raw materials and cigarette paper for producing tobacco products for export or processing tobacco products for export shall submit registration applications according to Form

3. Sample Renewed Certificate, Permit for Certificate of Eligibility for Investment in Tobacco Planting, Permit for Buying and Selling Tobacco Raw Materials, Permit for Processing Tobacco Raw Materials, Permit for Producing Tobacco Products, Permit for Buying and Selling Tobacco Products that have been issued and lost, destroyed entirely or partially, torn, damaged or burned according to Appendix 35 Appendix 35, 37, 39, 41, 49, 51 and 53 Enterprises importing tobacco raw materials and cigarette paper for producing tobacco products for export or processing tobacco products for export shall submit registration applications according to Form

Chapter IV. FORMS, REPORTING REGIMES

Article 12. Forms, Reporting Regimes for State Management Agencies on Industry and Trade at all levels

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 Certificate of Eligibility for Investment in Tobacco Planting, Permit for Buying and Selling Tobacco Raw Materials, Permit for Wholesale Sale of Tobacco Products, Permit for Retail Sale of Tobacco Products, and Tobacco Product Business of traders within its jurisdiction not later than twenty (20) days from the end of the reporting period according to Appendix 54 Appendix 54, 56 and 57 Enterprises importing tobacco raw materials and cigarette paper for producing tobacco products for export or processing tobacco products for export shall submit registration applications according to Form

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 55 Appendix 55 Enterprises importing tobacco raw materials and cigarette paper for producing tobacco products for export or processing tobacco products for export shall submit registration applications according to Form

3. Every six months, the Industry and Trade Office or Economic Office (specialized agency under the People's Committee of district, county, town, provincial city - hereinafter referred to as the Industry and Trade Office) shall report to the Department of Industry and Trade on the business situation, issuance of Permit for Retail Sale of Tobacco Products of traders within its jurisdiction not later than ten (10) days from the end of the reporting period according to Appendix 58 Appendix 58 Enterprises importing tobacco raw materials and cigarette paper for producing tobacco products for export or processing tobacco products for export shall submit registration applications according to Form

Article 13. Forms and Reporting Requirements for Enterprises

1.[5] Every six months, enterprises producing tobacco products and importing tobacco must submit reports to the Ministry of Industry and Trade on their production activities of tobacco products and imported tobacco products (before January 10 each year for annual reports and before July 10 each year for mid-year reports) according to the form attached to this Circular.Appendix 7attached to this Circular.

2. Every six months, enterprises producing tobacco products must submit reports to the Ministry of Industry and Trade on the situation of importing raw materials for tobacco and cigarette paper within ten days from the end of the reporting period according to Form Appendix 60 Enterprises importing tobacco raw materials and cigarette paper for producing tobacco products for export or processing tobacco products for export shall submit registration applications according to Form

3. Every six months, enterprises producing tobacco products must submit reports to the Ministry of Industry and Trade on the situation of purchasing and selling domestic raw materials for producing domestically consumed tobacco products and for export within ten days from the end of the reporting period according to Form Appendix 61 Enterprises importing tobacco raw materials and cigarette paper for producing tobacco products for export or processing tobacco products for export shall submit registration applications according to Form

4. Every six months, enterprises investing in growing tobacco plants must submit reports to the Department of Industry and Trade on the investment situation in growing tobacco plants within ten days from the end of the reporting period according to Form Appendix 62 Enterprises importing tobacco raw materials and cigarette paper for producing tobacco products for export or processing tobacco products for export shall submit registration applications according to Form

5. Every six months, enterprises trading in tobacco raw materials must submit reports to the authority that issued the Trading License on the situation of agency import and export of tobacco raw materials within ten days from the end of the reporting period according to Form Appendix 63 Enterprises importing tobacco raw materials and cigarette paper for producing tobacco products for export or processing tobacco products for export shall submit registration applications according to Form

6. Every six months, enterprises processing tobacco raw materials must submit reports to the authority issuing the Processing License on the situation of processing tobacco raw materials within ten days from the end of the reporting period according to Form Appendix 64 attached to this Circular.

7. Before January 31 each year, enterprises engaged in tobacco business must submit the previous year's report of their unit to the competent authority that issued the License regarding the situation of producing and exporting tobacco raw materials and processing for export within the country according to Form Appendix 65 Enterprises importing tobacco raw materials and cigarette paper for producing tobacco products for export or processing tobacco products for export shall submit registration applications according to Form

8. In case enterprises import new machinery and equipment for producing exports or replace old machinery and equipment, before January 31 each year, enterprises producing tobacco products must report to the authority issuing the License on the situation of importing and using specialized machinery and equipment for tobacco production according to Form Appendix 66 Enterprises importing tobacco raw materials and cigarette paper for producing tobacco products for export or processing tobacco products for export shall submit registration applications according to Form

9.[6] Every six months, suppliers of tobacco products must submit statistical reports on the volume and types of tobacco products traded (through distribution systems, wholesale, retail) of their units to the Domestic Market Management and Development Agency under the Ministry of Industry and Trade and the Department of Industry and Trade where the enterprise's headquarters is located (before January 10 each year for annual reports and before July 10 each year for mid-year reports) according to the form attached to this Circular,Article 6. Application forms and registration tables for requesting issuance of license for processing tobacco raw materialsLoligo edulis)9attached to this Circular.

10. Every six months, traders engaged in distributing, wholesaling, and retailing tobacco products must submit reports on their business operations to state management agencies under the industry and trade sector according to the form Appendix 69, 70, 71 Enterprises importing tobacco raw materials and cigarette paper for producing tobacco products for export or processing tobacco products for export shall submit registration applications according to Form

Article 13a. Methods of Submitting and Receiving Reports:[7]

Reports shall be submitted to the receiving agency through one of the following methods:

a) Direct delivery;

b) Send through postal service;

c) Other methods as prescribed by law.

Chapter V. PROVISIONS ON INSPECTION

Article 14. Periodic Inspection

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

2. The annual periodic inspection plan must include the following main contents: Purpose and requirements of the inspection; objects and scope to be inspected; contents to be inspected; time and location of the 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 15. Surprise Inspection

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

1. When discovering that organizations or individuals engaged in tobacco business violate provisions stipulated in Decree No. 67/2013/ND-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, amended and supplemented by Decree No. 106/2017/ND-CP dated September 14, 2017 amending and supplementing certain articles of Decree No. 67/2013/ND-CP and Decree No. 08/2018/ND-CP dated January 15, 2018 of the Government amending certain decrees related to investment conditions within the scope of management of the Ministry of Industry and Trade (hereinafter referred to as Decree No. 67/2013/ND-CP and amended and supplemented decrees) and 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 16. Contents of Inspection

1. Inspect files on issuing Certificates of Sufficient Conditions for Investment in Growing Tobacco Plants, Licenses for Buying and Selling Tobacco Raw Materials, Licenses for Processing Tobacco Raw Materials, Licenses for Producing Tobacco Products, Licenses for Buying and Selling Tobacco Products as prescribed in Decree No. 67/2013/ND-CP and amended and supplemented decrees.

2. Inspect compliance with conditions: Investment in growing tobacco plants, buying and selling tobacco raw materials, processing tobacco raw materials, producing tobacco products, buying and selling tobacco products as prescribed in Decree No. 67/2013/ND-CP and amended and supplemented decrees.

3. Inspect compliance with regulations on investment in modernizing equipment and technology; investment in producing export tobacco, processing export tobacco; planning; investment in processing tobacco raw materials, foreign investment in producing tobacco products as prescribed in Decree No. 67/2013/ND-CP and amended and supplemented decrees.

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 Decree No. 67/2013/ND-CP and amended and supplemented decrees.

Article 17. Handling Inspection Results

1. Based on the inspection results, the inspection team shall immediately prepare an inspection record after completing the inspection at the inspection site according to the model Appendix 73 and 74 attached to this Circular and notify the inspection results to the inspection agency and the inspected organizations and individuals.

2. Based on the 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 organizations and individuals to the competent authority for administrative penalty according to the law on administrative penalties.

Article 18. Responsibilities and Authorities of the Inspection Authority

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 19. 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 the law and fully implement all inspection contents prescribed 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 20. 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 VI. IMPLEMENTING PROVISIONS[8]

Article 21. Organization of Implementation

1.[9] The Industry Department, in accordance with its functions and tasks, takes the lead and coordinates 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 approval of investment policies for tobacco product production, tobacco product manufacturing licenses.

b) Develop inspection plans and organize guidance and inspections of organizations and individuals implementing regulations stipulated in Decree No. 67/2013/ND-CP and subsequent amendments and supplements, and this Circular.

c) Organize the acceptance of applications, examination, supervision, evaluation, and submission to the Ministry's leadership for approval of policies for other activities related to tobacco business as prescribed.

2. The Domestic Market Department, in accordance with its functions and tasks, takes the lead and coordinates 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 implementing regulations stipulated in Decree No. 67/2013/ND-CP and subsequent amendments and supplements, and this Circular, and related laws.

3.[10] The Domestic Market Management and Development Department, in accordance with its functions and tasks, leads and coordinates with units to organize inspections of organizations and individuals related to compliance with regulations stipulated in Decree No. 67/2013/ND-CP and subsequent amendments and supplements, and this Circular, and related laws.

4. The Department of Industry and Trade, in accordance with its functions and tasks, takes the lead and coordinates with relevant agencies in the province to perform the following tasks:

a) Organize the acceptance of applications, examination, supervision, evaluation, and issuance of certificates of eligibility for tobacco planting investment, tobacco raw material trading licenses, wholesale tobacco product licenses within its jurisdiction 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 regulations stipulated in Decree No. 67/2013/ND-CP and subsequent amendments and supplements, and this Circular, and related laws.

5. The People's Committee of communes has the responsibility:[11]

a)[12] To organize the acceptance of applications, examination, evaluation, issuance, reissuance, amendment, supplementation, revocation of retail tobacco product licenses within its jurisdiction as prescribed in this Circular;

b) Develop inspection plans and organize guidance and inspections of organizations and individuals implementing regulations stipulated in Decree No. 67/2013/ND-CP and subsequent amendments and supplements, and this Circular, and related laws.

6.[13] The People's Committee of provinces has the responsibility to organize the acceptance of applications, examination, supervision, evaluation, and response to enterprises for procedures: issuance, reissuance, amendment, supplementation of tobacco raw material processing licenses; Importation of tobacco for non-commercial purposes; Approval of investment in equipment and technology renewal, tobacco production for export, tobacco processing for export, relocation according to planning; Investment in tobacco raw material processing; Approval of importation of tobacco raw materials for export tobacco raw material processing or export tobacco processing; Importation of tobacco machinery and equipment; Notification of import quotas for tobacco raw materials and cigarette paper; Issuance, reissuance, amendment, supplementation of tobacco product distribution licenses.

7. Responsibilities of organizations and individuals engaged in tobacco business

a) Implement the provisions set forth in Decree No. 67/2013/NĐ-CP and subsequent Decrees amending and supplementing it, this Circular, and other relevant legal regulations.

b) Fully and promptly comply with the reporting regime prescribed in this Circular.

c) In cases where organizations or individuals engaged in tobacco business fail to fully comply with the provisions of this Circular, such failure shall serve as grounds for competent authorities to consider issuing or revoking Certificates and Licenses in accordance with the law.

Article 22. Effectiveness

1. This Circular takes effect from February 19, 2019, except for the provision in Clause 2 of Article 1 of this Circular.

2.[14] The provisions regarding the model application form and list for requesting a Production License for tobacco products and the model Production License for tobacco products of this Circular take effect from January 1, 2028.

3. Repeal Circular No. 21/2013/TT-BCT dated September 25, 2013, detailing certain provisions of Decree No. 67/2013/NĐ-CP dated June 27, 2013 of the Government on detailed implementation of certain provisions and measures under the Law on Prevention and Control of Harmful Effects of Tobacco concerning tobacco business, from the date this Circular takes effect, except for the provision in Clause 4 of Article 1 of this Circular.

4.[15] The provisions regarding the model application form and list for requesting a Production License for tobacco products and the model Production License for tobacco products of Circular No. 21/2013/TT-BCT continue to be applied until December 31, 2027.

5. During the implementation process, individuals and organizations are requested to promptly reflect difficulties and obstacles to the Ministry of Industry and Trade so that the Ministry can resolve them and consider adjusting this Circular within its authority.