Conditions for the issuance of the License to manufacture tobacco in Vietnam 2023

Conditions for the issuance of the License to manufacture tobacco in Vietnam 2023 (Internet image)

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

Conditions for the issuance of the License to manufacture tobacco in 2023

Conditions for the issuance of the License to manufacture tobacco in Vietnam are specified as follows:

- Enterprises that manufacture tobacco before the issuance date of Resolution 12/2000/NQ-CP on National Policy on prevention of tobacco harm 2000 – 2010, or the enterprises that have their investment policies agreed by the Prime Minister when merging or cooperating in tobacco manufacturing

- Conditions of investment and use of tobacco ingredients planted at home

+ The enterprise shall invest in tobacco cultivation directly or through associating with other enterprises having certificates of eligibility to invest in tobacco cultivation and in accordance with the scale of business operation of the enterprise;

+ The enterprise shall use domestic tobacco ingredients to manufacture tobacco. If the domestic ingredients are not adequate, the enterprise shall be entitled to import the inadequate ingredients in accordance with the annual imported plan published by the Ministry of Industry and Trade, except for manufacturing of tobacco products having foreign labels or tobacco products for export.

- Requirements of machinery and equipment: Adequate machinery and equipment are used for rolling and packaging cigarettes;

(Article 17 of Decree 67/2013/ND-CP, amended in Decree 08/2018/ND-CP, Decree 17/2020/ND-CP)

Application for the issuance of the License to manufacture tobacco in Vietnam

Application for the issuance of the License to manufacture tobacco include:

- The written request for the License to manufacture tobacco.

- A copy of the Certificate of Enterprise registration or Certificate of Business registration that covers the tobacco manufacturing.

- A report on the performance of the enterprise over the last 03 years (if any) and estimated production in the next 05 years (specifying the production of each product).

- The manifest of machinery and equipment for rolling and packing cigarettes (productivity of each stage).

- Documents proving legal origins of machinery and equipment.

- Contracts to process shredded tobacco, contracts for quality inspection services (if any).

- Copies of documents proving the investment in the development of tobacco ingredient areas.

(Article 18 of Decree 67/2013/ND-CP, amended in Decree 08/2018/ND-CP, Decree 17/2020/ND-CP)

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

Specifically, Article 19 of Decree 67/2013/ND-CP stipulates the authority and procedure for issuing the License to manufacture tobacco as follows:

- 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.

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