Circular 37/2013/tt-Bct: Regulation Of Imported Cigarettes, Cigars

Original Language Title: Thông tư 37/2013/TT-BCT: Quy định nhập khẩu thuốc lá điếu, xì gà

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The CIRCULAR regulates imported cigarettes, cigars _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 95/2012/ND-CP on November 12, 2012 of the Government functions, tasks, powers and organizational structure of the Ministry of industry and trade;
Pursuant to Decree No. 67/2013/ND-CP dated 27 June 2013 the Government detailing some things law enforcement measures and prevention of the harmful effects of tobacco about tobacco business;
Pursuant to Decree No. 187/2013/ND-CP on November 20, 2013 of government regulation in detail Trade Law enforcement activities in the international sale of goods and the activities of dealers buying, selling, processing and transiting goods with foreign countries;
At the suggestion of Director of Department of import and export;
Minister of industry and Commerce issued a circular regulating imported cigarettes, cigars.
Article 1. Scope 1. This circular regulates the activity of importing cigarettes, cigars.
2. This circular does not apply to: a) imported cigarettes, cigars to business at the duty free shop;
b) imported cigarettes, cigars do samples for research, production and import, re-export to make samples, exhibition fair; cigarettes, cigars of the individual entry in standard level prescribed by the Government;
c) temporary import activities appeared; a temporary export, re-enter; business transfer and transit through the territory of Vietnam.
Article 2. The object application this circular apply to traders to import cigarettes, cigars, organizations and individuals that are related to the activity of importing cigarettes, cigars.
Article 3. Explain the words "cigarettes, cigars" tobacco products are produced from the whole or part of the raw tobacco and used to suck.
Article 4. Category cigarettes, cigars catalog import cigarettes, cigar imports specified in annex I attached to this circular.
Article 5. Management principles 1. Tobacco products, including cigarettes, cigars are not encouraged consumers according to the framework Convention on tobacco control (FCTC), the World Health Organization's (WHO) that the Socialist Republic of Vietnam is a member. State management of imported cigarettes, cigars match commitment to the Vietnam joined the World Trade Organization (WTO).
2. Consistent with the commitment of Vietnam in WTO on trade mechanisms, traders are Industry indicated as specified in article 6 of this circular be allowed to import cigarettes, cigars.
Article 6. Specify import traders Industry specify the Vietnam tobacco Corporation (VINATABA) as traders importing cigarettes, cigars under the State trade mechanism.
Article 7. Requirements for cigarettes, cigars imported 1. Cigarettes, cigars and circulation on the market must be registered right to use trademarks in Vietnam; must be stamping of imported tobacco under the provisions of the Ministry of finance.
2. Cigarettes, cigars imported to the business in the domestic market must comply with the current legal provisions on sale of tobacco products.
3. Cigarettes, cigar imports must comply with the current legal provisions about published standards, conformity or appropriate regulations publication of food safety; quality control of hygiene and safety and toxic substance content in tobacco products such as cigarettes, cigars are produced in the country.
4. for brand cigarettes, cigars were first imported into Vietnam, before doing the import formalities, traders have to send samples of cigarettes, imported cigars to the Agency, organization, function analysis, testing are competent State agencies to analyze demand patterns of regulation standard, or the food safety regulations prescribed law of Vietnam.
5. Cigarettes, cigar imports must comply with the current legal provisions on the labelling of goods labelling tobacco products consumption in Vietnam and in the health warnings on packaging.
Article 8. The import procedure 1. When do the import procedure, in addition to the import profile as specified by the customs, the trader must present to the customs 1 (one) original registration form to automatically import cigarettes, cigars were the Bureau of import and export-Industry endorsed and 1 (a) A proper disclosure rules (copies are stamped copies of traders) or 1 (one) A appropriate disclosure of food safety (copies are stamped copies of traders) according to the current legislation. For cases of imported shipments specified in clause 4, article 7 of this circular, the trader must present more 1 (one) sample analysis certificate (copies are stamped copies of traders).
2. Cigarettes, cigars are only allowed to import into Vietnam through the international border gate.
Article 9. Register of imports according to the licensing mode automatically 1. Before doing the import procedure, traders sent by post 1 (a) the registration profile to import cigarettes, cigars under the automatic mode on the export and import Bureau-Ministry of industry and trade (54 Hai BA Trung-Hoan Kiem-Hanoi). The records include: a) registration form to automatically import cigarettes, cigars: 2 (two) copies according to the form prescribed in annex II attached to this circular;
b) import contract: 1 (one) copy (stamped copies of traders);
c) commercial invoice: 1 (one) copy (stamped copies of traders);
d) invoices or certificate from the transport of the shipment: 1 (one) copy (stamped copies of traders).
2. Within 5 (five) working days from the date of receiving the full, valid records of traders as defined in clause 1, article 9 of this circular, the Bureau export-Industry conducted confirmed the application automatically import cigarettes, cigars. Case records are incomplete, invalid or not confirmed case, import and export Bureau-Industry has written notice for additional merchant profile or stating the reason.
3. The time limit for the validity of the registration form to automatically import by export-Industry endorsed is 30 (thirty) days from the date the Application is confirmed.
Article 10. Report mode 1. Of the 15 (fifteen) days the beginning of the next quarter, traders importing cigarettes, cigars are sent about import and export Bureau-Industry report in writing the situation automatically import cigarettes, cigars of the previous quarter, which stated: type, quantity, import value , sale price, and the expected import plan in time to (according to the form prescribed in annex III attached to this circular).
2. Before 15 October each year, traders importing cigarettes, cigars are import and export Bureau report-Ministry of industry and trade (instead of the quarterly report III) import situation 3 (three) and is expected to import next year.
Article 11. Implementation after 3 (three) years since this circular effect enforcement, Industry chairing reviews the implementation of the circular to reconsider the appointment of traders importing cigarettes, cigars under the State trade mechanism.
Article 12. Effect 1. This circular effect since Feb. 20, 2014.
2. This circular replaces circular No. 01/2007/TTLT-BTM-BCN on 10/1/2007 of the Ministry of Commerce, Ministry of industry (now the Ministry of industry and trade) guide the import of cigarettes, cigars stipulated in Decree No. 12/2006/ND-CP dated 23 January 2006 from the Government detailing the implementation of the law on commercial activities and the international sale of goods the activities of dealers buying, selling, processing and transiting goods with foreign countries./.