Authority and procedure for issuing the License to manufacture tobacco in Vietnam

Authority and procedure for issuing the License to manufacture tobacco in Vietnam (Internet image)

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

1. What is tobacco?

According to Clause 2, Article 3 of Decree 67/2013/ND-CP, tobacco is a product that is manufactured wholly or partially from tobacco ingredients, and in the form of cigarettes, cigars, shredded tobacco that are used for smoking pipes, smoking, chewing, or sniffing.

2. Authority and procedure for issuing the License to manufacture tobacco in Vietnam

- Authority to issue the License to manufacture tobacco: The Ministry of Industry and Trade shall issue, reissue, and adjust the License to manufacture tobacco.

- Procedure for issuing the License to manufacture tobacco:

+ The enterprise that manufactures tobacco shall submit 01 application for the License to manufacture tobacco to the Ministry of Industry and Trade;

+ Within 20 working days from the day on which the valid application is received, the Ministry of Industry and Trade shall consider issuing the License to manufacture tobacco. If the aforesaid conditions are not met, the Ministry of Industry and Trade shall issue a written refusal and provide explanation.

+ If the application is not sufficient, the Ministry of Industry and Trade shall request the applicant to supplement the application within 07 working days from the day on which the application is received.

- Making and keeping the License to manufacture tobacco:

The License to manufacture tobacco shall be made into 04 copies; 02 copies are kept by the Ministry of Industry and Trade, 01 copy is sent to the applicant, and 01 copy is sent to the Service of Industry and Trade of the locality where the head office of the enterprise is situated.

- Each License to manufacture tobacco is valid for 05 year. 30 days before the expiration date, the tobacco manufacturer shall submit 01 application for the reissuance of the License to manufacture tobacco if they wish to continue manufacturing. The documentation and procedure for the reissuance are specified in Article 39 of Decree 67/2013/ND-CP.

(Article 19 of Decree 67/2013/ND-CP)

3. Rights and obligations of tobacco manufacturers in Vietnam

Pursuant to Article 23 of Decree 67/2013/ND-CP, apart fro the rights and obligations stipulated by law, tobacco manufacturers also have the following rights and obligations:

- Establishing a system for distributing and wholesaling the tobacco they produce and retail tobacco at their affiliated shops without the License to retail tobacco.

- Distributing tobacco they produce (directly or via branches or affiliates) to enterprises that have licenses for tobacco distribution or wholesaling.

- Announce the fundamental standards of products and ensure the conformity of their tobacco with National Technical Regulations on tobacco.

4. When are the tobacco brands in Vietnam?

- Tobacco shall only be sold after it has intellectual property rights protected in Vietnam.

- Manufacturers of foreign tobacco brands must obtain the Prime Minister’s permission to sell them in Vietnam.

- Only enterprises having Licenses to manufacture tobacco are allowed to print labels or sign contracts with printing facilities to print tobacco labels.

(Article 22 of Decree 67/2013/ND-CP)

Nguyen Ngoc Que Anh

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