What are the requirements of the issuance of the License to trade in tobacco in Vietnam?
What are the requirements of the issuance of the License to trade in tobacco in Vietnam?
Pursuant to the provisions of Article 26 of Decree 67/2013/ND-CP (amended Clause 8 Article 1 Decree 106/2017/ND-CP, Clause 7 Article 3 Decree 08/2018/ND-CP) on the requirements of the issuance of the License to trade in tobacco:
- The applicant must be an enterprise that is duly established under the laws of Vietnam;
- Tobacco stores shall not violate regulations on locations that sale of tobacco is banned in accordance with the provision of Clause 2 Article 25 of the 2012 Law on Prevention and control of tobacco’s harmful effects.
- Its tobacco distribution system covers at least 02 provinces (at least 01 tobacco wholesaler in each province).
- There is a letter of introduction which is made by the tobacco supplier and specifies the intended business location.
What are the requirements of the issuance of the License to trade in tobacco in Vietnam? (Image from the Internet)
What are the procedures for issuing Licenses to trade in tobacco in Vietnam?
Pursuant to Clause 2, Article 28 of Decree 67/2013/ND-CP (amended by Clause 14, Article 1 of Decree 106/2017/ND-CP) stipulating the order and procedures for granting a License to trade in tobacco products as follows:
Authority and procedures for issuing Licenses to trade in tobacco
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2. Procedures for issuing Licenses to trade in tobacco
a) Every applicant for the License to trade in tobacco shall make 02 applications according to Article 27 of this Decree. 01 application is sent to the licensing authority, 01 application is kept by the applicant;
b) Within 15 working days from the receipt of a valid application, the licensing authority shall consider and verify the received application, and issue the License to distribute, wholesale or retail tobacco products to the qualified applicant. If an application is refused, a written response which specifies reasons for refusal shall be given to the applicant;
c) If the application is not sufficient, the licensing authority shall request the enterprise to supplement the application within 07 working days from the day on which the application is received.
Thus, every applicant for the License to trade in tobacco shall make 02 applications. 01 application is sent to the licensing authority, 01 application is kept by the applicant;
Within 15 working days from the receipt of a valid application, the licensing authority shall consider and verify the received application, and issue the License to distribute, wholesale or retail tobacco products to the qualified applicant.
If an application is refused, a written response which specifies reasons for refusal shall be given to the applicant;
If the application is not sufficient, the licensing authority shall request the enterprise to supplement the application within 07 working days from the day on which the application is received.
Can a tobacco business be entitled to tobacco promotions?
Pursuant to Clause 2, Article 5 of Decree 81/2018/ND-CP stipulating as follows:
Promoted product and promotional product
Promoted product or promotional product must comply with regulations of the Commercial Law and the following regulations:
1. Promoted products must not include wines, lottery, cigarettes, breast milk substitutes, medicines for human use including those permitted for circulation as regulated by the Ministry of Health (except for the case in which sales promotion is dedicated to traders involved in drug trading), examination and treatment service of public medical facilities, education service provided by public educational facilities or public vocational training facilities, goods and services that have been banned from circulation in Vietnam and other goods and services prohibited from sales promotion as required by laws.
2. Promotional products must not include wines, lottery, cigarettes, curative medicines for human use including those permitted for circulation as regulated by the Ministry of Health (except for the case in which sales promotion is dedicated to traders involved in drug trading), goods and services that have been banned from circulation in Vietnam and other goods and services prohibited from sales promotion as required by laws.
3. Money can also be used as promotional merchandise, except for sales promotion conducted in the forms prescribed in Article 8, 10 and 11 of this Decree.
According to the above regulations, cigarettes are in the category of non-promotional goods.
Therefore, even if a business deals in tobacco, it is not allowed to promote cigarettes.
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