CIRCULAR guide the import of cigarettes, cigars stipulated in Decree No. 12/2006/ND-CP dated 23 January 2006 from the Government detailing the trade Enforcement Act of purchase and sale of goods and international dealers buying, selling, processing and transiting goods with foreign countries _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 29/2004/ND-CP dated 16 January in 2004 the Government functions, tasks, powers and organizational structure of the Ministry of Commerce;
Pursuant to Decree No. 55/2003/ND-CP dated 28 May 2003 of the Government functions, tasks, powers and organizational structure of the Ministry of industry;
Pursuant to Decree No. 12/2006/ND-CP dated 23 January 2006 from the Government detailing the trade Enforcement Act of purchase and sale of goods and international dealers buying, selling, processing and transiting goods with foreign countries.
Contact Ministry of commerce-industry specific guide Sets the import cigarettes, cigars are as follows: i. GENERAL PRINCIPLES 1. Cigarettes, cigars are the products produced from the whole or part of the raw materials and processed tobacco to smoke.
2. Enact category cigarettes, cigars imported under the trade regime of the State of import in annex No. 1 attached to this circular.
3. Tobacco products, including cigarettes, cigars are not encouraged consumers according to the framework Convention on tobacco control (FCTC) of the World Health Organization that the Socialist Republic of Vietnam is a member. State management of the production, imported cigarettes, cigars; to control the supply, traffic and consumption of tobacco products on the market. Only commercial enterprises specified new State be allowed to import cigarettes, cigars for domestic business.
4. The import of cigarettes, cigar production samples do not adjust at the section II, III of this circular and should be agreed in writing by the Ministry of industry.
5. The import of cigarettes, cigars do samples fair, exhibitors are not in scope in the section II, III of this circular, are not allowed to consume in Vietnam and must be agreed in writing by the Ministry of Commerce.
6. The import of cigarettes, cigars for sale in duty free shops are not in scope in the section II, III of this circular and made according to the instructions in circular No. 21/1998/TT-BTM, on 24 December 1998 by the Ministry of trade regulation enforcement guidance regarding tax-free goods shops attached to decision No 205/1998/QD-TTg dated 19 October 1998 of the Prime Minister.
7. The temporary import, re-export trading transfer business and export cigarettes, cigars made under the provisions of Decree No. 12/2006/ND-CP dated 23 January 2006 from the Government detailing the trade Enforcement Act of purchase and sale of international goods agent activities and purchasing , selling, processing and transiting goods with foreign countries. Temporary re-export import procedures, the transfer resolved directly at the Customs gate.
II. APPOINTS The STATE TRADING ENTERPRISES, Procedures And IMPORT GATE 1. Commercial businesses importing State indicated the total Vietnam tobacco Corporation (Vinataba) is State trading enterprises to import cigarettes, cigars within a period of 3 years from the date of this circular effect.
2. The procedure of import licensing regime applied automatically for cigarettes, imported cigars. Automatic licensing procedures shall be as follows: a) check in addition to imports import profile as specified by the customs, State trading enterprises shall produce to the Customs the importing application by 1st Auto, certified by the Ministry of Commerce and 1 valid copy certificates of analysis of samples as specified in clause 4, section III of this circular.
b) import application as instructed in Appendix No. 2 attached to this circular.
3. Cigarettes, cigars are only allowed to import into Vietnam through the international border gate.
III. The REQUIREMENTS FOR CIGARETTES, cigars IMPORTED 1. Cigarettes, cigars and circulation on the market is right to use the registered trademark in Vietnam, in compliance with the regulations for the circulation of products on the market, Vietnam must import cigarette stamping as specified by the Ministry of finance.
2. Cigarettes, imported cigar consumption in the domestic market under the current rules about distribution, wholesale and retail dealers.
3. Cigarettes, cigar imports must comply with regulations on food safety and regulations on product quality control, concentrations of some toxic substances in cigarettes as specified by the competent authority according to the framework Convention on tobacco control.
4. for brand cigarettes, cigars were first imported into Vietnam, before doing the procedure of import, the importer must submit samples of cigarettes, imported cigars to the Agency, organization, function analysis, testing are competent State agencies to analyze the samples according to the standard of Vietnam. Certificates of analysis of this model will be effective for all shipments of imported the same labeling of products from the same source of supply.
5. Cigarettes, cigar imports must comply with the provisions of the legislation on labelling tobacco products consumption in Vietnam; keep origin where production; keep where consumption is "provide Vietnam market".
IV. IMPLEMENTATION And HANDLE BREACH 1. Trade Minister authorized for import-export Service leaders endorse the import application according to the automatic mode.
2. After 3 years, the Ministry of Commerce-Ministry of industry in collaboration with the relevant ministries review the implementation of this circular to consider the extension of the time limit for importing of Vinataba additional commercial enterprises or the State involved importing cigarettes, cigars.
3. Trade Minister-Ministry of industry will suspend or not renew the import cigarettes, cigars for the violations of the provisions of this circular or other related legal regulations. Depending on the nature and extent of the violation, organization, individual violations will be dealt with according to the provisions of the law.
4. commercial business, quarterly State report on The trade and industry Ministry on the situation of imports and consumption of cigarettes, cigars, which stated: type, quantity, import value, sale price, wholesale and retail network of tobacco imports in the domestic market and that the import plan is expected in the coming period (according to Appendix No. 3 with This investment).
Before 30 September each year, the State commercial enterprises have reported (instead of the quarterly report III) sent to the Ministry of trade and industry import situation and expects imports next year.
5. This circular have effect after 15 days from the date The report.