05 requirements for imported cigarettes and cigars in Vietnam

05 requirements for imported cigarettes and cigars in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What are cigarettes and cigars?

According to Article 3 of Circular 37/2013/TT-BCT, cigarettes and cigars means tobacco products which are produced wholly or partially from tobacco materials and used for smoking.

2. 05 requirements for imported cigarettes and cigars in Vietnam

Specifically, according to Article 7 of Circular 37/2013/TT-BCT, the requirements for imported cigarettes and cigars are as follows:

(1) Cigarettes and cigars imported and circulated in the market must be registered for protection of trademark use rights in Vietnam and affixed with imported-cigarette stamps as prescribed by the Ministry of Finance.

(2) Cigarettes and cigars imported for sale in the domestic market must comply with current regulations on purchase and sale of tobacco products.

(3) Imported cigarettes and cigars must comply with current regulations on standard conformity and regulation conformity announcement or food safety-regulation conformity announcement; and on inspection of quality, hygiene, safety and toxic ingredient content like domestically produced cigarettes and cigars.

(4) For a cigarette or cigar brand imported into Vietnam for the first time, before carrying out import procedures, the trader shall send its samples to a testing laboratory designated by a competent state agency for analysis according to current technical regulations, standards or regulations on food safety of Vietnam.

(5) Imported cigarettes and cigars must comply with current regulations on goods labeling, labeling of tobacco products for sale in Vietnam and printing of health warnings on packages.

3. List of imported cigarettes and cigars in Vietnam

The list of imported cigarettes and cigars is specified in Appendix I issued together with Circular 37/2013/TT-BCT, specifically as follows:

4. Application and procedures for registration for import under the automatic licensing regime in Vietnam

The application and procedures for registration of import of cigarettes and cigars under the automatic licensing regime is specified in Article 9 of Circular 37/2013/TT-BCT, specifically as follows:

- Before carrying out import procedures, the trader shall send by post 1 (one) dossier of registration for cigarette and cigar import under the automatic licensing regime to the Ministry of Industry and Trade’s Import-Export Administration Department (54 Hai Ba Trung street - Hoan Kiem district - Hanoi). A dossier comprises:

= A written registration for automatic import of cigarettes and cigars: 2 (two) copies made according to the form provided in Appendix II to this Circular (not translated);

= The import contract: 1 (one) copy (affixed with the trader’s true-copy stamp);

= The commercial invoice: 1 (one) copy (affixed with the trader’s true-copy stamp);

= The bill of lading and transport documents of the goods lot: 1 (one) copy (affixed with the trader’s true-copy stamp).

- Within 5 (five) working days after receiving a complete and valid dossier specified in Clause 1, Article 9 of Circular 37/2013/TT-BCT, the Ministry of Industry and Trade’s Import-Export Administration Department shall certify the trader’s written registration for automatic import of cigarettes and cigars.

In case the dossier is neither complete nor valid or if refusing to certify the written registration, the Import-Export Administration Department shall issue a reply to require the trader to supplement the dossier or notify the trader of the reason.

- The validity duration of a written registration for automatic import certified by the Ministry of Industry and Trade’s Import-Export Administration Department is 30 (thirty) days after it is certified.

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