Pursuant to Decree No. 189/2007/ND-CP on December 27, 2007 of the Government functions, tasks, powers and organizational structure of the Ministry of industry and trade;

Pursuant resolution No. 59/NQ-CP on December 17, 2010 by the Government on the simplification of administrative procedures in the function of management;

Pursuant to Decree No. 119/2007/ND-CP on July 18, 2007 by the Government on the production and sales of tobacco;

Minister of industry and trade Decree guide regulation 119/2007/ND-CP on July 18, 2007 by the Government on the production and trading of tobacco as follows: chapter I GENERAL PROVISIONS article 1. Scope 1. This circular stipulates guide business conditions, processing of raw tobacco; conditions of the production of tobacco products; the import conditions of specialized machinery, cigarette tobacco, cigarette book paper; investment management, use of specialized equipment, production capacity, production of tobacco products; business conditions of tobacco products; jurisdiction, procedure, order the type certificate of the eligible business, qualified certificate processing, production, sales of tobacco products as specified in Decree No. 119/2007/ND-CP on July 18, 2007 by the Government on the production and sales of cigarettes.

2. This circular does not apply to the import of tobacco products, tobacco product sales at the duty free shop (Duty Free Shop).

Article 2. The object that applies to this circular apply to organizations and individuals in the country and abroad participate in the production and trading of tobacco products and other activities related to the production and trading of tobacco products on the territory of Vietnam.

Article 3. Explain some words from the language specified in this circular are interpreted as follows: 1. "the business offers tobacco products" is the Corporation's production of tobacco products, enterprises producing tobacco products, the importer of tobacco products as specified in Decree No. 119/2007/ND-CP.

2. "copy" stipulated in this circular is shown by one of the forms that match each of the following ways: a) copies are certified (for case submission via postal/dispatch Administration);

b) attached to the original copy collation (for the case of direct filing);

c) A scan from the original (if administrative procedures are applied through the electronic network filing).

Chapter II BUSINESS TOBACCO article 4. Conditions of certification of eligible business tobacco 1. Conditions of business subject Is registered traders trading tobacco items.

2. Conditions of the facilities, technical equipment and man a) area of business establishments, including material classified area, storage and packing material must be consistent with the scale of the business, has a total land area of no less than 500 m 2;

b) Have a separate repository for raw tobacco. The repository must have a ventilation system and the appropriate equipment stored tobacco include: the moist thermometer, temperature check design and relative humidity of the air in the repository, the means of prevention and worms, termites; must have enough reviews, or podium, shelf holders Sue tobacco are arranged the way the minimum 20 cm and a background wall, minimum 50 cm column;

c) contract with workers have professionalism, expertise, professional experience to manage the investment, technical assistance and purchase of raw materials.

3. Conditions on business process fit the lines of buy, sell tobacco purchase to Point a) to sign the record of the trade name business traders tobacco;

b) Must publicly hierarchical standard tobacco under current rules at the point of purchase of raw tobacco in tobacco leaves samples enclosed material;

c) must have a contract growing tobacco with tobacco growers fits the scale of business.

4. Conditions of environmental protection, fire prevention Must have adequate means, fire equipment, fire safety, ensuring environmental hygiene as stipulated by law.

Article 5. The certification authority eligible tobacco Business Department of industry and trade of the province, central cities (hereafter referred to as the Department of industry and trade) is the certification agency eligible tobacco business for enterprises based on the province.

Article 6. Records suggest the certification eligible tobacco business records suggest the certification eligible tobacco business consists of: 1. the certification application eligible tobacco business (according to the model of annex 2 attached to this circular);

2. Copy of business registration certificate;

3. the lists area, treasure map, workshops, offices and other ancillary areas;

4. Lists of equipment: ventilation systems, vehicles, fire equipment, fire, moisture, temperature, the means of prevention and worms, termites; the price or the podium, shelf holders Sue tobacco;

5. A list of labor, labor contract, copy of certificate of training on techniques tobacco for investment managers, and technical support for the purchase of raw materials;

6. A copy of the contract growing tobacco with tobacco growers.

Article 7. The order of certification of eligible business tobacco 1. Within 10 days of receipt of a valid application, the Department of industry and trade review and certification of qualified business tobacco (in the form of Appendix 3 attached to this circular). The case refused to answer in writing and stating the reason.

2. in case of incomplete documents, within 5 days of receiving the record, Department of industry and commerce have written request additional traders.

3. Establishment and retention of qualified certificates tobacco business certificate eligible tobacco business was established 4 a: 7 a save at the Department of industry and trade, Ministry of industry and trade, post 01 01 sent traders be granted.

Chapter III PROCESSED TOBACCO article 8. Certification conditions eligible for processing tobacco 1. Conditions on a business subject) is established under the provisions of the law, business registration processing of raw tobacco;

b) certified eligible tobacco business.

2. Conditions of the facilities, technical equipment and man a) area of raw material processing facility include classified areas, processing, storage and packing material must be consistent with the scale of the business, has a total land area of no less than 5,000 m2;

b) Have private warehouses for raw materials and unprocessed tobacco took over the processing of scale business suit. The repository must have a ventilation system, the moist thermometer, designed to check the temperature and relative humidity of the air in the repository, the means of prevention and worms, termites; must have enough reviews, or podium, shelf holders Sue tobacco are arranged the way the minimum 20 cm and a background wall, minimum 50 cm column;

c) there are lines of specialized machinery to sync separate "tobacco or tobacco processing and cigarette fiber plates and other alternative products used to manufacture tobacco products. Fuel lines must be specialized, ensure the industrial hygiene standards, labor safety and sanitation;

d) Have the test equipment to make the measurement quality control of raw materials before and after processing;

DD) the whole equipment must have a legal origin;

e) contract with qualified workers, professional mechanics, technology and food chemistry.

3. Conditions on the quality and safety of tobacco products must meet the requirements on quality, sanitation standards of Vietnam, standard base and the current rules of quality, hygiene and food safety.

4. Conditions of environmental protection and fire prevention Must have adequate means, fire equipment, fire and ensure the safety of the environment in accordance with the law.

5. Conditions of proper business processes with business lines a) Points to purchase commercial name signs of enterprise business processing of raw tobacco;

b) Must publicly hierarchical standard tobacco under current rules at the point of purchase of raw tobacco in tobacco leaves samples enclosed material;

c) must have a contract growing tobacco with tobacco growers, tobacco raw materials purchase contracts of merchant business tobacco suit the scale of business.

6. Conditions of location location processing facility processing facilities must conform to the strategy, the tobacco industry master plan, development of the tobacco was approved by the authority.

Article 9. The certification authority is eligible for processing Tobacco Industry certification agency is eligible for processing tobacco.

Article 10. Records suggest the certification of eligibility processed tobacco records suggest the certification of eligibility and processing of tobacco raw materials include: 1. Application eligibility certification and processing of raw tobacco (according to the model of annex 4 attached to this circular);

2. Copy of business registration certificate;

3. the lists area, factory diagram classification area, processing, packing, warehouse, Office work and other ancillary areas;

4. Lists of categories of machinery, specialized equipment of synchronous processing stages of tobacco raw materials, equipment for quality control of raw materials before and after processing, ventilation system, fire equipment, fire, moisture, temperature, reduce prevention means; the price or the podium, shelf holders Sue tobacco;

5. Records demonstrating the origin of machines and equipment;

6. A list of labor;


7. A copy of the labor contract attached a copy of the certificate to be trained on techniques tobacco for investment managers, and technical support for the purchase of raw materials;

8. A copy of the labor contract have accompanied transcripts are training in mechanics, chemistry and food technology for the processing of raw tobacco;

9. A copy of the contract growing tobacco with tobacco growers, raw material purchase contracts with these business traders tobacco;

10. A copy of the certificate of the product standard by the competent authority or a copy of a published product standards attached to A base standard has been published according to the current rules of the Ministry of health.

Article 11. The certification process is eligible for processing tobacco 1. Within 20 days of receipt of a valid application, Industry Review and certification of qualified raw material processed tobacco (according to the model of annex 5 attached to this circular). The case refused to answer in writing and stating the reason.

2. in case of incomplete documents, within 7 days from the date of receiving the record, Industry have written additional business requirements.

3. Establishment and retention of qualified certificates and processing of raw tobacco eligible certificates and processing of tobacco be established 04:02 a saving in Industry, 7 a send business levels, 1 Department of industry and trade post where the business headquarters.

Chapter IV MANUFACTURE TOBACCO PRODUCTS in article 12. Licensing conditions produced tobacco products 1. Conditions on the subject of business is business was established under the provisions of the law and are producing tobacco products before the enactment of resolution No. 12/2000/NQ-CP dated 14 August 2000 by the Government on national policies for prevention of the harmful effects of tobacco during the period 2000-2010.

2. Conditions of the investment and the use of tobacco is grown in country a) business must join the growing tobacco in the form of direct investment or investment-linked business merchants through tobacco have direct investment in tobacco suit the production scale of enterprises and development planning tobacco was approved;

b) Must use tobacco is grown in water to produce tobacco products under the annual plan of the Ministry of industry and trade, except in the case of tobacco products manufacturing international labels or tobacco products for export. This plan identified strategic fit, overall planning of tobacco industry in Vietnam, development of the tobacco was approved.

3. Conditions of a machinery) Have specialized equipment including the main phase: cigarettes, packing;

b) in his book cigarettes, packing, packing cosmetic touch business must use the machine, book machine, packing, packing cosmetic touch automatically, unless the production of tobacco products according to traditional methods to manipulate by hand;

c) Have the minimum equipment to perform the measurement, check the quality criteria such as: cigarettes cigarette circumference, weight, pressure decreases cigarette. With regard to the norms, other goods and tobacco and hygiene standards, enterprises can self test or via the service unit has the function to test. The test results to be kept systematically to monitor the long term;

d) the entire machinery and equipment for the manufacture of tobacco products must have legal backgrounds.

4. conditions for quality and product safety tobacco business must meet the requirements on quality, sanitation standards of Vietnam, the base standards and safety rules on tobacco products by the Ministry of health.

5. Conditions of trademark ownership must have business ownership or legitimate use of the trademark has been registered and are protected in Vietnam.

6. environmental conditions and fire prevention are full of vehicles, fire equipment, fire safety and environmental sanitation in accordance with the law.

Article 13. The authority to license tobacco product manufacturing Industry is the Agency licensed production of tobacco products.

Article 14. Recommended records licensed the manufacture of tobacco products recommended records licensed the manufacture of tobacco products, including: 1. the application to license the manufacture of tobacco products (according to the model of annex 6 attached to this circular).

2. A copy of the business registration certificate.

3. Report the results of operations of the business in 10 years, which stated production targets for each group of tobacco product (adjusted output).

4. Lists of categories of machinery, equipment, production capacity and capacity cigarettes by how conversion of 20 cigarettes by 3 ca/day for 3 years. Proven record of legitimate origin of machines and equipment.

5. fiber processing manufacturing contract, service contract quality control (if available).

6. Lists of area, treasure map, workshops, offices and other ancillary areas.

7. A copy of the certificate of the product standard by the competent authority or a copy of a published product standards attached to A base standard has been published according to the current rules of the Ministry of health.

8. copy of certificate of ownership or legitimate use of the trademark for tobacco products.

9. A copy of the records to prove the investment development tobacco.

Article 15. The sequence of licensed production of tobacco 1. Within 20 days of receipt of a valid application, Industry Review and licensing of the production of tobacco products (according to the model of annex 6 attached to this circular). The case refused to answer in writing and stating the reason.

2. in case of incomplete documents, within 7 days of receipt of the record business, Industry will have written additional business requirements.

3. Create and save the license production of tobacco products the license production of tobacco products be established 04:02 a saving in Industry, 7 a send business levels, 1 Department of industry and trade post where the business headquarters.

Chapter V INVESTMENT PRODUCED TOBACCO PRODUCTS article 16. The production capacity of tobacco products 1. The total production capacity is regulated is the synchronous production capacity in the production line of tobacco products (including the main problem of mine machinery, packaging) and is calculated for 3 ca/day at the time issued resolution No. 12/2000/NQ-CP dated 14 August 2000 by the Government on national policies for the prevention of the harmful effects of tobacco during the period 2000-2010.

2. Industry announced the total production capacity of each business as a basis for the investment, the production of tobacco products, import specialized machinery.

3. Only business is investing to increase production capacity in the case of manufactured tobacco products for export; with regard to tobacco consumption in the country is produced only in the scope of the capacity has been determined and published.

Annually the enterprise must send report investment product production capacity of its units on the tobacco Industry.

Article 17. Investing in the production of exported tobacco products, export processing, in-depth investment, innovation, technology equipment, relocation of production according to the planned 1. Investors sent investment projects, text comments, please accept your investment undertakings Industry. During 15 days from the date of the proposed text of the business, the Industry has the answer text, case declined to specify the reason.

2. proposed text content including content: project name, location, specifications are mainly concerned, scale, production, process the equipment being replaced (if alternative investment).

3. After the approval of the Ministry of industry and trade, enterprises implementing investment in sequence and procedure on investment and construction according to the provisions of the law.

4. enterprises to report Industry the results of processing machinery and equipment specialized tobacco has replaced in the course of investment.

Article 18. Foreign investment in the production of tobacco products 1. Only allows foreign enterprises investing in the production of tobacco products on the basis of joint venture, cooperation with enterprises in the country have had the license production of tobacco products, not be investments exceed the capacity stated in the licence and must ensure the conditions of State constitute the dominant rate in the capital of the business.

2. Foreign investment in the form of joint venture production of tobacco products a) joint venture parties submitted project profile to establish joint venture, the joint venture contract is accompanied by a written proposal on the Industry.

During 30 days from the date of the application and the text proposed by business, Industry the prime consideration, decision. The case refused to answer in writing;

b) text recommended including the content: project name, location, specifications are mainly concerned, scope and objectives, scale, output produced each type of tobacco product, investment projects and machinery processing equipment to be replaced;

c) after the approval of the Prime Minister, the new venture party deployed sign joint venture established in accordance with the current law on investment.

3. Foreign investment under the franchise contract forms of industrial property a) the parties submit the entire assignment contract profile industrial property rights attached to the text of recommendations on Industry. During 30 days from the date of the application and business proposal writing Industry, the prime consideration, decision. The case refused to answer in writing;

b) proposed text includes the main content of the contract of assignment of industrial property rights; the scale, output produced each type of tobacco product, investment projects and machinery processing equipment to be replaced (if any);


c) after the approval of the Prime Minister, the new party was implementing the hefty contracts of industrial property rights;

d) enterprise currently produces tobacco products under the franchise contract with foreign industrial property must send the entire record and suggested text as specified in point a, b provision of Industry to consider defining the scale, output produced each type of tobacco product.

4. enterprises to report Industry the results of processing machinery and equipment specialized tobacco no longer used or liquidated when investing in depth and is completely responsible to the processing.

Article 19. Production of tobacco products 1. No business was the production of tobacco products in excess of production capacity in the production license of tobacco products.

2. enterprises producing tobacco products foreign branded not produced exceeds the allowed output production.

3. business annual statistical report to output each type of tobacco product of his unit about the Industry.

Chapter VI IMPORTS machinery, SPECIALIZED EQUIPMENT, tobacco, TOBACCO and CIGARETTE BOOK PAPER article 20. Active management of imported machinery, specialized equipment, tobacco, tobacco and cigarette book paper 1. Specialized equipment and machinery, tobacco, tobacco and paper book cigarettes are imported goods in an professional management of the Ministry of industry and trade.

2. The parent company allowed as clue and allocate tobacco and cigarette book paper for unit members that permits the production of tobacco products to import.

Article 21. Imports of machinery, specialized equipment, replacement parts 1. Business license for the production of tobacco products, certificates of eligibility and processing of tobacco imported machinery, specialized equipment and replacement parts fit with the production capacity of the enterprise.

2. Profile, import procedures and machinery, specialized equipment, tobacco a) owner Posted 01 record includes a copy of the investment project has been approved by the authority, a copy of the written approval of investment undertakings of the Ministry of industry and trade (if any) and the text proposed to import machinery the device, about the Industry;

b) within 7 days of receiving the full profile of the business, the Industry has accepted or rejected the import of machinery, equipment of the enterprise.

Article 22. Imports of tobacco, paper, book of cigarettes to produce tobacco products consumption in the country of 1. Business license for the production of tobacco products, imported tobacco and cigarettes book paper to serve the activities of production of tobacco products.

2. The enterprise has the certificate of eligibility and processing of tobacco imported tobacco to cigarette for fiber processing factory which has produced tobacco products under contract or agreement.

3. At the latest on the 10th of November of every year, the enterprises producing tobacco products, tobacco fiber processing business must submit the report needs to import raw tobacco, the paper book to produce cigarette tobacco products consumed in water and fiber processing of tobacco next year about the Industry.

The report highlighted the situation of production and business, production, the situation of importing tobacco, paper of cigarette in book reports and scheduled production output, the demand for tobacco, paper, book of cigarettes of next year.

4. for tobacco imports tariff quota, in the business of sending registration form of imports under the tariff quotas to Industry.

5. production base, reports of enterprises producing tobacco products, tobacco fiber processing business and the ability to respond to domestic raw materials, the total tariff quota items of tobacco, on 15 December of each year, the Industry will have written notice of import to the target enterprises and related agencies.

6. the tariff quota Of tobacco goods and import allocation targets for each business will be publicly available on the website of the Ministry of industry and trade.

7. Tobacco, book imported cigarette paper is used only for the manufacture of tobacco products according to production plan of production or business to the fiber processing under contract or a written agreement signed by the enterprise processing raw tobacco with tobacco manufacturing enterprises as defined in paragraph 2 of this , not to be sold and consumed in the market.

Article 23. Imports of tobacco, paper, book of cigarettes to produce tobacco products for export or export manufacturing tobacco products 1. Only licensed enterprises producing new tobacco products are allowed to import cigarettes, paper, book of cigarettes to make the contract production of tobacco products export or export product processing tobacco.

2. send business export contract or contract manufacturing for export of tobacco products and text suggest importing tobacco, cigarettes to book paper Industry. on the basis of the recommendations of the business, the production capacity of the enterprise and related records , within 7 days from the date of the application and the text of the business, the Industry will have a text message plan to import enterprises and related agencies.

3. Tobacco, paper book cigarettes are imported under the provisions of this Article are used only for the purpose of producing tobacco products export business, not sold or manufactured tobacco to consume on the Vietnam market.

Article 24. Imported tobacco materials to processing raw materials export cigarettes; perform contract work for processing tobacco export for foreign traders 1. Only businesses that have a certificate of eligibility to the new tobacco processing imported raw materials for processing tobacco tobacco export or perform a contract machining and processing of tobacco exports.

2. submit contract processing business tobacco export or export-processing contracts and the text proposed to the Ministry of industry and trade on the basis of the recommendations of the business, the production capacity and related records, within 7 days from the date of the application and the text of the business , Industry will have approval or disapproval for the business contract fulfillment.

Chapter VII MANAGED USING SPECIALIZED EQUIPMENT, MACHINERY, TOBACCO article 25. Use of specialized equipment and machinery, tobacco 1. Business license for the production of tobacco products is to use specialized equipment, machinery for processing tobacco tobacco raw materials, the production of tobacco products.

2. The enterprise has the certificate of eligibility and processing of tobacco used machinery, specialized equipment, tailored tobacco processing phases of tobacco ingredients.

3. organizations and individuals do not have the license to manufacture tobacco products, certificates of eligibility processed tobacco must not use machinery, specialized equipment, tobacco in any form.

Article 26. Handling machinery, equipment for manufacturing tobacco products without a legitimate origin 1.  Specialized equipment and machinery, tobacco is considered illegal in the case: a) imported before the enactment of the directive 13/1999/CT-TTg dated 12 May 1999 without the papers valid import procedures;

b) imported after the time issued Directive No. 13/1999/CT-TTg dated 12 May 1999 in effect but no papers valid import procedures and the text agreed by Industry (or industries).

2. Machinery, specialized equipment, tobacco no legitimate origin will be confiscated and disposed of according to the regulations of the law. The processing machinery, specialized equipment seized cigarettes are made according to the current rules and are only allowed to sell the business for production of tobacco products.

3. Ministry of industry and trade, in collaboration with the Ministry of public security, the Ministry of Finance held the check, detect and handle for the machinery and equipment for production of tobacco products do not have legal backgrounds.

Article 27. Concessions to sell, export, re-export, liquidates, specialized equipment of tobacco enterprises producing tobacco products 1. Only business ceded to sell the machinery, the devices also use value for enterprises to have the production license of tobacco products, export or re-export;

2. Machinery, equipment no longer in use must be destroyed under the supervision of monitoring the destruction of machinery and equipment established by the Ministry of industry and trade;

3. establishment business liquidates, devices need to liquidate, liquidate plan and proposal writing to Industry. within 15 days of the date of the writing of the business, the Industry decided to set up the nest destruction monitoring machinery, equipment;

4. after hefty selling, business liquidation must report on Industry results.

Chapter VIII TOBACCO PRODUCTS BUSINESS Article 28. Licensing conditions wholesale business (or wholesale dealer) tobacco products traders be licensed wholesale business (or wholesale dealer) tobacco products when the following conditions: 1. The condition of the subject is established under the provisions of the law and have active business registration buy , the sale of tobacco products.

2. conditions of the place of business has a place of business (including retail locations – if applicable) fixed, clear address, fit with planning business network system in tobacco products are approved by the authority.

3. Conditions of material and financial basis a) Have warehouses (or cargo area) that match the scale of business enterprises; meet the requirements of preserving the quality of tobacco products during storage;


b) Have means of transport in accordance with the scale of business enterprises; meet the requirements of preserving the quality of tobacco products during shipping;

c) Have secured financial capability for the whole of its distribution system to function normally.

4. Conditions of distribution system organizations Are offering business tobacco products or other wholesale traders choose to do wholesale traders (or wholesale dealer) and have the system distributes tobacco products held on stability.

Article 29. The authority to license wholesale business (or wholesale dealer) tobacco products 1. For wholesale traders (or wholesale dealer) business from two (2) the back-up: Industry Review;

2. for wholesale traders (or wholesale dealer) local business a (01) Department: Department of industry and trade, where traders have headquarters-level review.

Article 30. Records suggest that the wholesale business license (or wholesale dealer) tobacco products 1. Application for licensing wholesale business (or wholesale dealer) tobacco products (according to the model of Annex 8 attached to this circular);

2. A copy of the business registration certificate, certificate of tax code (if available);

3. the introductory text of the business to provide tobacco products or of other wholesale traders (if approval of the business to provide tobacco products for traders), which specify the expected areas of business;

4. business plan, include: a) situation report, results of business activities 3 years earlier, accompanied by a copy of the purchase contract (or agent) with the business sales (if business), which stated: the aggregate data about the types of tobacco products, the purchase price , sale price, quantity and value of the buy, sell (total and divided according to the business providing tobacco products and according to the area of business), the tax already paid, profits ...;

b) expected business results for next year since the year traders please license the wholesale business (or wholesale dealer) tobacco products; which stated: the name, address of the business will sell for, the type of tobacco product, the purchase price, sale price, quantity and value of the buy, sell (total and divided according to the sales and business by business and geographical), will file taxes, profit ...;

c) sales organization form, the method of management of the distribution system;

d) lists of technical facilities (warehouses, transport ...), the human resources service for the business processes of their tobacco products ...;

DD) table a list of traders who have or will in its distribution system and the retail location (if available). In it, including the merchant name, address: Head Office of traders, wholesale store address, retail tobacco products (if any), the tax code, copy of business license of tobacco products (if business), the Business Desk.

5. Documents proving the capability of the business, including: a) inventory records (or cargo area) including: the right to use the repository (the owner, co-owner of trader or rent use with the minimum time is 1 year), location and warehouse capacity, the equipment and techniques applied to ensure the preservation of the quality of tobacco products during their the repository;

b) record of transport include: the right to use means of transport (ownership, co-ownership of traders or rent use with minimum time is 10 years), transport capacity, the equipment and apply techniques to ensure the preservation of the quality of tobacco products during shipping;

c) records of financial capacity: capital letters validation or guarantee of business sales or by the bank where traders open accounts ... regarding the financial guarantee for the whole of its distribution system to function normally.

Article 31. Order wholesale business licenses (or wholesale dealer) tobacco products 1. Wholesale traders (or wholesale agents) send 1 the records of the competent authority under the provisions of this circular.

2. Within 15 days of receipt of a valid application, the licensing agency review and business licensing tobacco products (in the form of Appendix 3 attached to this circular if the wholesale traders (or wholesale dealer) business from two provinces; or in the form of annex 10 attached to this circular if the wholesale traders (or the wholesale agent) on business a province). The case refused to grant a licence, the licensing authority must reply in writing and stating the reason.

3. in case of incomplete documents, within 7 days from the date of receiving the merchant's profile, the license text require additional traders.

4. Set up and store wholesale business license (or wholesale dealer) tobacco products a) for permits issued by the Ministry of industry and trade: a license was created many a contains: 3 a Ministry Agency in January, a market management Bureau sent, send each of the industrial and commercial Departments named in the permit (Business Desk) and where traders headquarters 1 a and 1 a submit trade workers are granted;

b) for permits issued by the Department of industry and trade: a license was created 05:02 a save at the Department of industry and trade, 1 a market management Bureau sent in the Department of industry and commerce, level place a sent Industry and 1 a send traders to be granted.

Article 32.  Licensing conditions of retail business (or reseller) tobacco products traders be licensed retail business (or reseller) tobacco products when the following conditions: 1. Conditions on the subject registered traders active business buy , the sale of tobacco products.

2. conditions of the place of business has a fixed business location, clear address, fit with planning business network system in tobacco products are approved by the authority.

3. Conditions of the facilities Have the area to sell tobacco products.

4. Conditions on distribution system of organization in the distribution system of wholesale traders in tobacco products.

Article 33. The authority, records, order retail business license (or reseller) tobacco products industry and commerce or Chamber of economy (professional body in the people's committees of districts, towns and cities in the province-the following referred to as the room) where the trader suggested opening a retail business location review tobacco products.

Article 34. Records suggest retail sales license (or reseller) tobacco products dossier suggest retail sales license (or reseller) tobacco products include: 1. the recommended Single retail business license (or reseller) tobacco products (according to the model of annex 11 attached to this circular);

2. Copy of business registration certificate;

3. the introductory text of the wholesale traders in tobacco products, which clearly places of business;

4. documentation demonstrating legitimate use rights (the) retail business locations tobacco products by traders.

Article 35. Order retail business license (or reseller) tobacco products 1. Traders sent the 1st record of industrial and commercial Rooms where traders suggest open business locations.

2. Within 15 days of receipt of a valid application, Industry Review and retail business license (or reseller) tobacco products (according to the model of annex 12 enclosed herewith). The case refused to answer in writing and stating the reason.

3. in case of incomplete documents, within 7 days from the date of receiving the records of traders, industry and commerce have written request additional traders.

4. Establish and keep retail business license (or reseller) tobacco products retail business license (or reseller) tobacco products be established as 5 a: 2 a in-store Industry, industrial and commercial Departments post 1st supervisor, 1 a Management Bureau sent the market in industrial and commercial Department supervisor and 1 a send traders is granted.

Chapter IX 36 Report MODE. Report mode for the State administration of industry and commerce the recurring level 6, annual, State administration of industry and Commerce reported lower levels of business activity situation of its licensed traders of the State administration of industry and commerce the level on the slowest direct is 20 days from the end of the reporting period.

Article 37. Report mode for business 1. Quarterly, the business of producing tobacco products must report on the situation of the Industry of importing and using specialized equipment, machinery, tobacco, tobacco ingredients, book imported cigarette paper in the States.

2. Periodically, 6th annual, report on the situation, business results on the Industry slowly for 10 days from the end of the reporting period.

3. In the course of business, if the termination of the contract of sale and purchase (or agent); adjust (increase, decrease) the area of business for traders in its distribution system, to report on the Industry and Department of industry and trade, where traders have headquarters to do withdrawal procedure, adjust the business license of the tobacco product of that trader; as the basis to adjust the level, complementary to other traders when needed. The report must be submitted immediately after the business offer tobacco cessation or modification of the contract with the wholesale traders.

4. for wholesale traders in tobacco products six months, annual reports, business results and distribution system (details of each retail location-if available) about the Industry and about the Department of industry and commerce where local traders business rules in business license (if the tobacco product is purchased directly from the merchant business provided tobacco products and the sale from 2 provincial industrial and commercial Facility) or on (if the merchant is selling the 12 province) where the trader is headquartered at the business license regulations tobacco products at the latest 10 days after the end of the reporting period.

5. for retail traders in tobacco products


6 month recurring, annual reports, business results and distribution system (if any) of the retail locations on Defense Industry where licenses for traders at the latest 10 days after the end of the reporting period.

Chapter X VALIDITY PERIOD; ADDITIONAL LEVELS, MODIFY, SUBLICENSE, recovered and QUALIFIED CERTIFICATE, LICENSE, business TOBACCO Article 38. Validity period of the certificates of eligibility tobacco business, certificate of eligibility for the processing of raw materials, production of tobacco products, the business license of tobacco products have a validity period of five (5) years from the date of issue.

Article 39. Additional levels, modify the certificate eligible tobacco business, certificate of eligibility for the processing of raw materials, production of tobacco products, the business license of tobacco products 1. The case has changed the content of the certificate of eligibility of tobacco raw material business, certificate of eligibility for the processing of raw materials, production of tobacco products, the business license of tobacco products; the Organization, the individual must set 1 record sent to the State administration of industry and commerce where licensed.

2. The records include: a) the suggested text modifications and supplements;

b) copy of certificate of eligibility of tobacco raw material business, certificate of eligibility for the processing of raw materials, production of tobacco products, the business license was granted a tobacco product;

c) documents proving the need of additional amendments.

3. The authority granted under the guidance of this circular.

Within 5 days of receipt of a valid application, the Agency has the authority to review and grant amendments, additional certificate eligible tobacco business, certificate of eligibility for the processing of raw materials, production of tobacco products, the business license of tobacco products. The case refused to answer in writing and stating the reason.

Article 40. Re-issuance of certificates of eligibility of tobacco raw material business, certificate of eligibility for the processing of raw materials, production of tobacco products, the business license of tobacco products 1. The case of the certificate eligible tobacco business, certificate of eligibility for the processing of raw materials, production of tobacco products, the business license of tobacco product expiry of validity: before the time limit expired on January 30, the Organization, the individual licensee must establish , filed 12 record as for the case of a new level under the guidance of this circular posted on the industrial and commercial administration where licensed.

2. where the certificate of eligible tobacco business, certificate of eligibility for the processing of raw materials, production of tobacco products, business license lost tobacco products, be destroyed in whole or in part, the ragged, torn or burnt, organization licensed individuals are created, filed 01 record grant proposal, including: a) grant proposal writing;

b) copy of certificate of eligibility of tobacco raw material business, certificate of eligibility for the processing of raw materials, production of tobacco products, the business license granted tobacco products (if any).

3. within 3 days of receipt of a valid application, the Agency has the jurisdiction to review and re-issuance of certificates of eligibility of tobacco raw material business, certificate of eligibility for the processing of raw materials, production of tobacco products, the business license of tobacco products. The case refused to answer in writing and stating the reason.

Article 41. Revoke the certificate of eligible business tobacco materials, certificate of eligibility for the processing of raw materials, production of tobacco products, business license, organization of tobacco products will personally revoked certificate eligible tobacco business Qualified certificates, processing of raw tobacco production licenses, tobacco products, business license of tobacco products in case of violation of the conditions of production, business under the provisions of the law.

Article 42. Licensing fees the Organization, individual manufacturing, business is certified eligible tobacco business, certificate of eligibility for the processing of raw materials, production of tobacco products, the business license of tobacco products must pay the fee prescribed by the Ministry of finance.

Chapter XI ENFORCEMENT PROVISIONS Article 43. Implementation 1. Service light industry, according to its functions and tasks, chaired and coordinated with the unit in The following missions: accomplish a) the organisation receiving records, inspection, monitoring, evaluation, submission to The leaders for approval of investment undertakings producing tobacco products, certification of eligibility and processing of raw tobacco The license production of tobacco products as specified in this circular;

b) Guide, check out the organizations and individuals implement the provisions in Decree No. 119/2007/ND-CP on July 18, 2007 by the Government on the production and trading of tobacco products, the guidelines of this circular and the legal provisions concerned about production, sales of tobacco products.

2. Service the domestic market according to its functions and tasks, chaired and coordinated with the unit in The following missions: accomplish a) the organisation receiving records, inspection, monitoring, evaluation, the leader of The wholesale business license (or wholesale dealer) tobacco products as prescribed in this circular;

b) Guide, check out the organizations and individuals implement the provisions in Decree No. 119/2007/ND-CP on July 18, 2007 by the Government on the production and trading of tobacco products, the guidelines of this circular and the legal provisions concerned about production, sales of tobacco products.

3. Market Management Department according to its functions and tasks, chaired and coordinated with the unit in The implementation of the following duties: inspect the individual organization concerned about compliance with the provisions of Decree No. 119/2007/ND-CP on July 18, 2007 by the Government on the production business, tobacco products, the guidelines of this circular and the legal provisions concerned about production, sales of tobacco products.

4. The Department of industry and Commerce according to the function of their duties, chairing and coordinating with relevant agencies in the implementation of the following duties: a) the organisation receiving records, inspection, monitoring, evaluation, certification of eligible business in tobacco, wholesale business license (or wholesale dealer) tobacco products under the jurisdiction under the provisions of Information This investment;

b) Guide, check the room for industry and trade in the licensing of retail business (or reseller) tobacco products as prescribed in this circular;

c) Guide, check out the organizations and individuals on the province in implementing the provisions of Decree No. 119/2007/ND-CP on July 18, 2007 by the Government on the production and trading of tobacco products, the guidelines of this circular and the legal provisions concerned on production of business, tobacco products.

5. Industrial and commercial Rooms by function of its mission, chaired and coordinated with the relevant bodies on the implementation of the following duties: a) the organisation receiving records, inspection, appraisal, retail business license (or reseller) tobacco products under the jurisdiction under the provisions of this circular;

b) Guide, check out the organizations and individuals implement the provisions in Decree No. 119/2007/ND-CP on July 18, 2007 by the Government on the production and trading of tobacco products, the guidelines of this circular and the legal provisions concerned about production, sales of tobacco products.

6. The responsibility of the provincial people's Committee, the central cities of the province people's Committee, central cities are responsible for directing the Department of industry and trade organizations make this circular; the certification organization eligible tobacco business, business license tobacco products and checking, handle the violations of laws on tobacco sales and sales of tobacco products according to the authority.

Article 44. Handle violation 1. The Organization, individuals are violations of the guidelines of this circular and the legal provisions concerned, depending on the level of violation will be punished, the administrative sanction or prejudice to criminal cases, damage is compensated according to the provisions of the law.

2. public officers behaving advantage position, authority, make left instructions in this circular, depending on the level of violation dealt with administratively or prejudice criminal liability under the law.

Article 45. Effect 1. This circular is effective as from March 2011.  

2. Abolish circular No. 14/2008/TT-BCT on November 25, 2008 by the Minister of industry and trade guidelines made some provisions of Decree No. 119/2007/ND-CP on July 18, 2007 by the Government on the production and sales of cigarettes.

3. in the implementation process, individuals, organizations have the responsibility to report regularly on Industry results implementation and timely to reflect the difficulties and obstacles to Industry, additional adjustments.

Article 46. Apply planning 1. Planning the business network system in tobacco products to be applied at the latest from 1 January 2013.

2. the Industry construction and planning business network wholesale tobacco products all over the country.

3. the people's committees, the central cities plan to build and complete the planned network of wholesale business, retail tobacco products on the range in the province, the City Manager before 1 January 2013 to implement instructions traders make.


4. Planning the business network wholesale tobacco products on the national scope was publicized on the Webside of the Ministry of industry and trade and the planning network wholesale business, retail tobacco products on the range, the city was publicized on the Webside of the industrial and commercial Departments before 1 January 2013.