CIRCULAR Guide made some provisions of Decree No. 119/2007/ND-CP on July 18, 2007 by the Government on the production and sales of cigarettes _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 189/2007/ND-CP on December 27th, 2007 by government mandate the functions, duties, powers and organizational structure of the Ministry of industry and trade;
Pursuant to Decree No. 119/2007/ND-CP on July 18, 2007 by the Government on the production and sales of tobacco;
Industry guide stipulations in Decree No. 119/2007/ND-CP on July 18, 2007 by the Government on the production and sales of cigarettes, as follows: i. GENERAL PROVISIONS 1. This circular instruction 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 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.
This circular does not apply to the import of tobacco products, tobacco product sales at the duty free shop (Duty Free Shop).
3. business tobacco, processed tobacco is the business lines have the condition; only the business or individual is eligible and the State administration of industry and commerce has issued the certificate of eligible new cigarette materials business is the business of tobacco materials, certificate of eligibility for new tobacco processing is the processing of tobacco and fulfill the conditions specified during the active action.
4. State of implementation of a monopoly on the production of tobacco products, only the business Industry to license new tobacco products and the production process of tobacco product must perform correctly the instructions in this circular.
Producers of tobacco products of foreign investment is the production of tobacco products within the scope of the investment license, must comply with the provisions of the law of Vietnam and the related instructions in this circular.
State level control providing tobacco products off the market, make State business management for imported tobacco products.
5. specialized machinery (to be specified in annex 1 attached to this circular), tobacco, cigarette book paper (paper book section of the cigarette) was imported goods in an specialized management of Industry and managed to use according to the instructions in this circular.
6. investing in the processing of tobacco, cigarette book paper production must be compatible with the overall planning strategy, the tobacco industry and the development of the tobacco.
7. Investing in the production of tobacco products must be compatible with the overall planning strategy, the tobacco industry and does not exceed the total capacity of production by the Industry identify and publish.
8. Tobacco products limited goods business; only the trader is the State administration of industry and commerce has the authority to license wholesale business (or wholesale dealer) tobacco products, retail business license (or reseller) new tobacco products tobacco products business and business only within the scope of the license granted.
9. Business license tobacco products a) Each trader only has a business license of tobacco products by the State administration of industry and Commerce authorities;
b) wholesale traders in addition to wholesale for other merchants as defined in the wholesale business license (or wholesale dealer) tobacco products, be allowed to retail tobacco products at its business locations that do not have to ask for more retail business license (or reseller) tobacco products.
10. About wholesale, retail of tobacco products a) provide tobacco products in addition to directly sell to traders in its distribution system, direct retail is allowed to introduce his tobacco products in stores owned enterprise;
b) wholesale traders (or the wholesale agent) allowed the acquisition of tobacco products wholesale traders (or wholesale dealer) if approval of the business to provide tobacco products for traders; only sell tobacco products purchased in the province where the trader has its headquarters in the wholesale business license (or wholesale dealer) tobacco products be granted;
c) wholesale merchants only sell tobacco products for the traders in the distribution system has its business license in tobacco products. Cases due to market demand should expand, changing the system of distribution, wholesale traders submitted a list of additional traders with the content specified in point d of paragraph 2 Item B of part VIII of this circular to the State administration of industry and commerce where permitted;
d) wholesale traders (or wholesale dealer), retail traders (or reseller) retail tobacco products only for consumers at the point of his business was granted a business license in tobacco products; do not use its employees or of other traders to directly introduce tobacco products to consumers or sell tobacco products mobility for consumers outside the place of business permitted; accepted the provisions of the law on advertising, promotion and other relevant regulations of the law on the tobacco business.
II. A CIGARETTE MATERIALS BUSINESS. The CERTIFICATION CONDITIONS ELIGIBLE TOBACCO BUSINESS 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, or 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.
B. AUTHORITY RECORDS, And PROCEDURES For The CERTIFICATION Of QUALIFIED BUSINESS TOBACCO 1. The certification authority eligible tobacco Business Department of industry and trade of the province, central cities (hereafter referred to as the Department) is the certification agency eligible tobacco business.
2. The records suggest the certification eligible tobacco business a) certification application eligible tobacco business (according to the model of annex 2 attached to this circular);
b) a copy of valid business registration certificate;
c) documents related to standards and business conditions specified in this circular, including:-table area, treasure map, workshops, offices and other ancillary areas;
-Lists of the 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;
-A copy of valid contracts with workers, investment management, and technical support for the purchase of raw materials;
-A copy of a valid contract growing tobacco with tobacco growers;
-A valid copy of the minutes to check fire safety, fire of the police authority.
3. the certification process eligible tobacco business a) within 15 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;
b) case of incomplete documents, within 7 days from the date of receiving the record, industrial and commercial Departments have additional requirements documents.
4. Establish and retain the certificate of eligible tobacco sales 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.
III. Processing TOBACCO A. CERTIFICATION CONDITIONS ELIGIBLE For PROCESSING TOBACCO 1. Conditions of business entities

The certificate of eligibility and processing of tobacco are granted only for raw material processing business has machinery lines separating "tobacco or tobacco processing and cigarette fiber plates and other alternative preparations used to produce tobacco products; 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) contract with workers have professionalism, expertise, or experience to manage investments, technical assistance, purchasing and processing of raw materials;
d) 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;
DD) Have the test equipment to make the measurement quality control of raw materials before and after processing;
e) entire machinery must have legal backgrounds.
3. Conditions on the quality and safety of tobacco products must meet the requirements on quality, sanitation standards of Vietnam, standards, and regulations on quality, food safety and hygiene of the Ministry of health.
4. Conditions of environmental protection and fire prevention Must have adequate means, fire equipment, fire safety and environmental sanitation 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. set the location conditions for processing location processing facilities must conform to the strategy, the tobacco industry master plan, development of the tobacco was approved by the authority.
B. AUTHORITY RECORDS, And PROCEDURES For The CERTIFICATION Of ELIGIBILITY And PROCESSING Of RAW TOBACCO 1. The certification authority eligible tobacco processing Industry is the certification body eligible processing of raw tobacco.
2. The records suggest the certification of eligibility processed tobacco a) suggested Application eligibility certification and processing of raw tobacco (according to the model of annex 4 attached to this circular);
b) a copy of valid business registration certificate;
c) valid copy certificate of eligible business tobacco;
d) documents related to standards and conditions of processing, including:-table area, factory diagram classification area, processing, packing, warehouse, Office work and other ancillary areas;
-Lists the 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;
-Proven record of legitimate origin of machines and equipment;
-A published standard of quality, proper hygiene standards of Vietnam, the standard basis and regulation of quality, hygiene and food safety of the Ministry of health;
-A copy of a valid contract with workers in the management of investments, technical assistance and purchase of raw materials, processing of raw materials;
-A copy of a valid contract growing tobacco with tobacco growers, raw material purchase contracts with these business traders tobacco;
-Valid copy of decision approving the report on environmental impact assessment or a registration certificate is committed to environmental protection by the competent authorities;
-A copy of a valid certificate of fire safety, fire by the police authorities.
3. The order of certification of eligibility processed tobacco a) within a period of 30 days from the date 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;
b) case of incomplete documents, within 7 days from the date of receiving the record, Industry has requested additional text.
4. the 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.
IV. PRODUCTION Of TOBACCO PRODUCTS A. 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 stages: fiber processing, cigarettes, packing;
b) fiber processing stages must have the minimum equipment to ensure synchronization of stages, including: air cleaning, household cleaners, household cleaners, oxygen storage and batch annealing, cutting, drying fibers, soothing spray equipment, machines, mixing and quantitative scales;
The fiber lines to be specialized, arranged in space ensure industrial hygiene standards, labor safety and sanitation;
c) for those businesses do not have fiber lines to have fiber processing manufacturing contracts. The receiving unit fiber processing manufacturing must meet the conditions specified in point b of this paragraph;
d) 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;
DD) 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;
e) entire machinery to manufacture 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.
B. AUTHORITY, Records And PROCEDURES For LICENSING The PRODUCTION Of TOBACCO PRODUCTS 1. The authority to license tobacco product manufacturing Industry is the Agency licensed production of tobacco products.
2. the recommended records licensed the manufacture of tobacco products a) petition to license the manufacture of tobacco products (according to the model of annex 6 attached to this circular);
b) a copy of valid business registration certificate;
c) documents related to standards and business conditions specified in this circular, including:-report the results of operations of your business in 3 years, which stated production targets for each group of tobacco product (adjusted output);
-Lists the 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;
-Contract work-up fiber processing, contract quality control services (if any);
-Table area, treasure map, workshops, offices and other ancillary areas;
-A copy of a valid quality certificate or A published match quality standards;
-A valid copy of the papers to confirm ownership or legitimate use of the trademark for tobacco products;

-Valid copy of decision approving the report on environmental impact assessment or a registration certificate is committed to environmental protection by the competent authorities;
-A copy of a valid certificate of fire safety, fire by the police authorities.
3. The order of licensing of production of tobacco products a) within a period of 30 days from the date 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;
b) case of incomplete documents, within 7 days of receipt of the record business, Industry will have written additional business requirements.
4. Establishing and keeping the production license 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.
V. INVESTING In The PRODUCTION Of TOBACCO PRODUCTS A. PRODUCTION 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.
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 produced only within the total capacity has been determined and published.
Annually the enterprise must send report investment product production capacity of its units on the tobacco Industry. B. INVESTING in the PRODUCTION of EXPORTED TOBACCO PRODUCTS, EXPORT PROCESSING, IN-DEPTH INVESTMENT, innovation, TECHNOLOGY EQUIPMENT, RELOCATION of PRODUCTION ACCORDING to the PLANNED 1. The investor of the investment report, 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.
C. FOREIGN INVESTMENT in the PRODUCTION of TOBACCO PRODUCTS 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 capital of the business.
1. Foreign investments in the form of joint venture production of tobacco products a) joint venture parties submitted project profile to establish joint ventures, joint venture agreement attached to the text proposed 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) 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.
2. Foreign investment in the form of a contract machining, production cooperation, industrial proprietary rights assignment a) the parties submit the entire contract profile machining, production cooperation, industrial property right alienation accompanied the text proposed 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 outsourcing contract, partnership, franchising of industrial property; 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 a contract machining, production cooperation, industrial property franchise;
d) enterprise currently produces tobacco products under contract machining, production cooperation, industrial property franchise with foreign 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.
3. enterprises should report the Industry results of processing machinery and equipment specialized tobacco no longer used or liquidated when investing in depth and is completely responsible to the processing.
D. 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. For with the branded foreign tobacco products has not yet determined the yields were manufactured, the business must send the entire record as defined in Item C above regarding the Industry to consider defining the scale of output. 
3. business annual statistical report to output each type of tobacco product of the unit on Industry. VI. IMPORTS Of MACHINERY And SPECIALIZED EQUIPMENT, Tobacco, TOBACCO And CIGARETTE BOOK PAPER 1. Specialized equipment, machinery, spare parts, raw materials and paper for his book cigarettes are imported goods in an professional management of the Industry. Business license to produce tobacco products are imported the goods on.
The enterprise has the certificate of eligibility and processing of tobacco imported machinery, specialized equipment, tobacco suit the processing of tobacco and imported tobacco.
The Corporation, the Corporation is the clue to receive and allocate import targets for the unit members having the license production of tobacco products.
2. eligible businesses importing machinery, specialized equipment, replacement parts, cigarettes, tobacco, cigarette paper book can import directly or entrusting the import business export import business functions.
3. Imports of machinery, specialized equipment and spare a) machinery, specialized equipment imported cigarettes must match the production capacity of the producers of tobacco products;
b) Investor submit project profiles have been approved by the authority, a copy of the written approval of the Ministry of industry and trade and the text proposed to import machinery, equipment of Industry;
c) within 7 days of receiving the full profile of the enterprise, based on the investment project has been approved, the Industry has accepted or rejected the import of machinery, equipment of the enterprise.
4. Imported tobacco, paper, book of cigarettes to produce tobacco products consumed in the country a) at the latest on the 10th of November of every year, the enterprises producing tobacco products, raw material processing tobacco must submit the report needs to import raw tobacco Book of cigarette paper, following years of Industry;
b) for tobacco import tariff quota, in the business of sending registration form of imports under the tariff quotas to Industry;
c) production base, reports of enterprises producing tobacco products, raw material processing 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;
d) tobacco, book imported cigarette paper is used only for the manufacture of tobacco products according to the production plan of the business, not to be sold and consumed in the market.
5. Imports of tobacco, paper, book of cigarettes to produce tobacco products export business sent a contract to export and import proposal text, tobacco, paper, book of cigarettes until 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.
6. outsourcing contract processing of tobacco exported to foreign traders Only licensed enterprises producing tobacco products or have the certificate of eligible new tobacco processing is allowed to perform a contract machining and processing of tobacco exports.
Send business outsourcing contract for export 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, the Industry will have approval or disapproval for the business contract fulfillment.

VII. Management USES SPECIALIZED EQUIPMENT And Machinery, TOBACCO 1. Use of specialized equipment and machinery, tobacco a) business for the production license of tobacco products are using specialized equipment, machinery for processing tobacco tobacco, tobacco products manufacturing;
b) enterprise has the certificate of eligibility and processing of tobacco used machinery, specialized equipment, tailored tobacco processing phases of tobacco raw material;
c) Organization, 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.
2. Machinery, specialized equipment, tobacco no legitimate origin will be confiscated and disposed of according to the regulations of the law a) machinery, specialized equipment, tobacco is considered illegal in the case of:-imported before the enactment of the directive 13/1999/CT-TTg dated 12 May 1999 without the papers valid import procedures;
-Import 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).
b) 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. The concession to sell, export, re-export, liquidates, specialized equipment of tobacco enterprises producing tobacco products made according to the provisions of the relevant legislation and the following provisions: a the only business selling concessions) machinery, equipment for longer use value for the business license of tobacco products , export or re-export;
b) machinery, equipment no longer in use value or liquidation must be destroyed under the supervision of monitoring the destruction of machinery and equipment established by the Ministry of industry and trade;
c) enterprise profile liquidates, the device need liquidation, liquidation plan and the text proposed to the 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;
d) business after the sale liquidation, assignment to report on Industry results.
4. 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.
VIII. Business TOBACCO PRODUCTS A. LICENSING CONDITIONS WHOLESALE BUSINESS (Or WHOLESALE DEALER) TOBACCO PRODUCTS 1. The condition of the subject is established as required by the law and have active business registration purchase, 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 material and financial basis a) Have warehouses (or cargo area) that match the scale of the enterprise's business; meet the requirements of preserving the quality of tobacco products during storage;
b) Have means of transport in accordance with the business scope of the enterprise; 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 organization Are producers of tobacco products, the commercial business of the Corporation, the Corporation produced tobacco products, businesses importing tobacco products, in the form of the presence of foreign investors in Vietnam (hereinafter collectively referred to as enterprise to provide tobacco products) or other wholesale traders choose to do wholesale traders (or wholesale dealer) and organized distribution system tobacco products on stability.
B. Authorized, The PROFILE, The ORDER Of LICENSING Of WHOLESALE BUSINESS (Or WHOLESALE DEALER) TOBACCO PRODUCTS 1. Jurisdiction to review the wholesale business license (or wholesale dealers) a tobacco product) for wholesale traders (or wholesale dealer) business from two (2) the back-up: Industry Review;
b) for wholesale traders (or wholesale dealer) local business a (01) Department: Department of industry and trade, where traders have headquarters-level review.
2. The records suggest that the wholesale business license (or wholesale dealer) tobacco products a) petition to license wholesale business (or wholesale dealer) tobacco products (according to the model of Annex 8 attached to this circular);
b) a copy of valid business registration certificate, certificate of the tax code;
c) text introduction of businesses providing tobacco products, wholesale traders, which specify the expected areas of business;
d) business plan, include:-situation report, results of business activities 3 years earlier, accompanied by a valid copy of the purchase contract (or agent) with the business sales (if business), which stated: the aggregate data about the types of tobacco products , 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 ...;
-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 ...;
-Sales organization form, the method of management of the distribution system;
-Lists of technical facilities (warehouses, transport ...), the human resources service for the business processes of their tobacco products ...;
-Lists list of traders who have or will in its distribution system, including: the merchant name, address of Head Office of traders, wholesale store address, retail tobacco products (if any), the tax code, a valid copy of business license of tobacco products (if business) local business, (assigned).
DD) documents proving the capacity of businesses, including:-records of inventory (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 capacity of warehouse, technical factors to ensure the preservation of the quality of tobacco products during storage;
-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), power transmission, technical factors to ensure the preservation of the quality of tobacco products during shipping;
-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.
3. Order of business licenses for wholesale (or wholesale dealer) tobacco products a) wholesale traders (or wholesale dealer) business from two (2) the back-up: submit records of Industry;
b) wholesale traders (or wholesale dealer) local business a (01) Department: Department of industrial and commercial application where the trader is headquartered;
c) 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; according to the model of annex 10 attached to this circular if the wholesale traders (or greater wholesale agents) on business in a province). The case refused to grant a licence, the licensing authority must reply in writing and stating the reason;
d) where not enough valid profile, 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: 3 a save at The Agency, 1 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 send traders is 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.
C. CONDITIONS Of RETAIL BUSINESS LICENSE (Or RESELLER) TOBACCO PRODUCTS 1. Conditions on the subject registered traders active business buy, sell tobacco products.
2. conditions of the place of business has a fixed business location, address, clear, consistent with the planning of 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.
D. The AUTHORITY, Records, Order RETAIL BUSINESS LICENSE (Or RESELLER) TOBACCO PRODUCTS 1. Jurisdiction to review the retail business license (or reseller) tobacco products The Trade Room where traders suggest opening a retail business location review tobacco products.
2. The records suggest retail sales license (or reseller) tobacco products a) petition retail business license (or reseller) tobacco products (according to the model of annex 11 attached to this circular);
b) a copy of valid business registration certificate;

c) text introduction of wholesale traders in tobacco products, which clearly places of business;
d) documents proving the legitimacy of the address, location, business retailer of tobacco products by traders.
3. Order and retail business license (or reseller) tobacco products a) traders submit records of industrial and commercial Rooms where traders suggest open business locations;
b) within 15 days of receipt of a valid application, Industry Review and retail sales 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;
c) cases 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.
IX. REPORTING MODE 1. With regard to the State administration of industry and commerce the recurring level 6, annual reports, business activities 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.
2. For business provides a tobacco product) quarterly business production, tobacco products must report on the situation of the Industry of importing and using specialized equipment, machinery, tobacco, tobacco ingredients, book imported cigarette paper during the period;
b), 6th annual, periodic reports on the situation, business results on the Industry slowly for 10 days from the end of the reporting period;
c) 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.
3. for wholesale traders in tobacco products six months, annual reports, business results on the Industry and on the Department of industry and commerce where local traders and business regulations in the business license of tobacco products (if the trader is buying directly from the business offer and sale of tobacco products on the area from the 2nd up) or about the Department of industry and trade (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.
4. for retail traders in tobacco products six months, annual reports, business results on Defense Industry where licenses for traders at the latest 10 days after the end of the reporting period.
X. DURATION; ADDITIONAL LEVELS, Modified, REPLACE, REVOKE The CERTIFICATION FEE And QUALIFY, PRODUCTION LICENSE, The BUSINESS Of TOBACCO PRODUCTS 1. 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.
2. 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 product a) case has changed the content of the certificate of eligibility of tobacco raw material business Qualified certificates, processing of raw tobacco production licenses, tobacco products, business license of tobacco products; the Organization, the individual must file posted on the State administration of industry and commerce where licensed.
b) records including:-text proposed amendments and supplements;
-The original (or valid copy) certificate eligible tobacco business, certificate of eligibility for the processing of raw materials, production of tobacco products, the business license was granted a tobacco product;
-The documents that need additional amendments.
c) jurisdiction, the order granted under the guidance of this circular.
3. Level a) case a 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 lost, torn, burnt, were destroyed under another form or before the time limit expired license 30 days; the Organization, individuals must be licensed, applicants submit on industrial and commercial administration where permitted;
b) recommended records re-issued in case a 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 lost, torn, burnt, were destroyed under other forms , including:-writing grant proposals;
-The original or a copy 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 granted tobacco products (if any).
c) recommended records re-issued in case a 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 product expiry of validity: Organization, licensed personal expedite establishment as for a new level following the instructions in circular This;
d) jurisdiction, the order granted under the guidance of this circular.
4. Revocation 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 will is revoked the certificate of eligible business tobacco materials, certificate of eligibility for the processing of raw materials, production of tobacco products, the business license of tobacco products in case of violation of the conditions of production, business as required by law.
5. Organization of the licensing fee, personal business, production 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 fees as required by the Ministry of finance.
XI. Terms Of ENFORCEMENT 1. The Organization made a) Service and light industrial, Service the domestic market, the market management department according to its functions and tasks, chaired and coordinated with the unit in The implementation of the following missions:-organize-profile reception, inspection, monitoring, evaluation, submission to The leaders for approval of investment undertakings manufacture of tobacco products certification, qualified processing of raw tobacco, manufacturing and sales license for tobacco products in the jurisdiction specified in this circular;
-Organization of the 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.
b industrial and commercial Departments by function) their duties, chairing and coordinating with relevant agencies in the province to perform the following tasks:-organize-profile reception, inspection, monitoring, evaluation, certification of eligible business in tobacco, wholesale business license (or wholesale dealer) tobacco products under the jurisdiction as defined in the circular This;
-Organization of the Guide, check the room for industry and trade in the licensing of retail business (or reseller) tobacco products as defined in this circular;
-Organization of the 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.
c) industry and trade organizations receiving records, inspection, appraisal, retail business license (or reseller) tobacco products under the jurisdiction as defined in this circular.
2. Handle violation of organization, individual violation 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.
Public servants have the advantage of Office behavior, powers, make left instructions in this circular, depending on the level of violation dealt with administratively or prejudice criminal liability under the law.
3. Effective enforcement of this circular effect after 15 days from the date posted on the Gazette. Abolish circular No. 30/1999/TT-BTM on September 9, 1999, the Department of Commerce's Business Guide found cigarettes produced in the country, circular No. 001/2007/TT-BCT on August 29, 2007 of the Industry guidelines of a number of articles of Decree No. 119/2007/ND-CP on July 18, 2007 by the Government on the production and sales of cigarettes.
4. transitional provisions

a) within a period of 90 days from the date of the circular in force; the Organization, individuals are producing tobacco products business, yet or already have the certificate of eligible tobacco business, certificate of eligibility for the processing of raw materials, production of tobacco products, the business license of tobacco products as defined by law; conditions under the guidance of this circular, if continued manufacturing operations, business, must apply the certification proposal eligible business, qualified certificate processing, production, sales of tobacco products. Pending authorization, institutions, individuals continued to operate until the State administration of industry and commerce have issued permits or license denial in writing;
b) planning of business network system in tobacco products to be applied at the latest from 1 January 2010.
5. the Industry construction and approval of the planned network of wholesale trading tobacco products on a national scope; instructions and authorized the President of the people's Committee approval and construction planning of network wholesale business, retail tobacco products on the area in the management.
6. the people's Committee has the responsibility for directing the Department of industry and trade organizations make of this circular, there are plans to construct and complete the planned network of wholesale business, retail tobacco products on the area in the previous management on July 1, 2009 to the deployment guide and the trader; the certification organization eligible tobacco business, business license tobacco products and checking, handle the violations of the law on trading in tobacco products; regular reports on Industry results implementation and timely to reflect the difficulties and obstacles to Industry supplements, adjust./.