Thông tư 37/2013/TT-BCT

CIRCULAR

PROVIDING THE IMPORT OF CIGARETTES AND CIGARS (*)

Pursuant to the Government’s Decree No. 95/2012/ND-CP of November 12, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Government’s Decree No. 67/2013/ND-CP of June 27, 2013, detailing a number of articles of, and providing measures for implementing, the Law on Tobacco Harm Prevention and Control regarding tobacco trading;

Pursuant to the Government’s Decree No. 187/2013/ND-CP of November 20, 2013, detailing the implementation of the Commercial Law regarding international goods sale and purchase and goods sale and purchase agency, processing and transit with foreign parties;

At the proposal of the Director of the Import-Export Administration Department;

The Minister of Industry and Trade promulgates the Circular providing the import of cigarettes and cigars.

Article 1. Scope of regulation

1. This Circular provides the import of cigarettes and cigars.

2. This Circular does not regulate:

a/ The import of cigarettes and cigars for sale at duty-free shops;

b/ The import of sample cigarettes and cigars for research or trial production and temporary import for re-export of sample cigarettes and cigars for display at fairs or exhibitions; cigarettes and cigars of persons on entry within the Government-prescribed quotas;

c/ Temporary import for re-export; temporary export for re-import; border-gate transfer and transit via the Vietnamese territory of cigarettes and cigars.

Article 2. Subjects of application

This Circular applies to traders importing cigarettes or cigars and organizations and individuals involved in the import of cigarettes and cigars.

Article 3. Interpretation of terms

“Cigarettes and cigars” means tobacco products which are produced wholly or partially from tobacco materials and used for smoking.

Article 4. List of imported cigarettes and cigars

The list of imported cigarettes and cigars is provided in Appendix I to this Circular (not translated).

Article 5. Principles of management

1. Tobacco products, including cigarettes and cigars, are commodity items the consumption of which is discouraged in accordance with the World Health Organization’s Framework Convention on Tobacco Control (FCTC) to which the Social Republic of Vietnam is a contracting party. The State shall uniformly manage the import of cigarettes and cigars in accordance with Vietnam’s commitments to the World Trade Organization (WTO).

2. In accordance with Vietnam’s WTO commitments on the mechanism of state trading, only the trader designated by the Ministry of Industry and Trade under Article 6 of this Circular is permitted to import cigarettes and cigars.

Article 6. Designation of importers

The Ministry of Industry and Trade shall designate Vietnam National Tobacco Corporation (VINATABA) to import cigarettes and cigars according to the mechanism of state trading.

Article 7. Requirements for imported cigarettes and cigars

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.

Article 8. Import procedures

1. When carrying out import procedures, in addition to the import dossier required by the customs office, the trader shall produce to the customs office 1 (one) origin of the written registration for automatic import of cigarettes and cigars, certified by the the Ministry of Industry and Trade’s Import-Export Administration Department, and 1 (one) copy of the regulation conformity announcement statement or food safety-regulation conformity announcement statement (affixed with the trader’s true-copy stamp) in accordance with current law. For an imported goods lot prescribed in Clause 4, Article 7 of this Circular, the trader shall also produce 1 (one) copy of the sample analysis certificate (affixed with the trader’s true-copy stamp).

2. Cigarettes and cigars may be imported into Vietnam only through international border gates.

Article 9. Registration for import under the automatic licensing regime

1. 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/ 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);

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

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

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

2. Within 5 (five) working days after receiving a complete and valid dossier specified in Clause 1, Article 9 of this Circular, 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.

3. 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.

Article 10. Reporting regime

1. Within the first 15 (fifty) days of every quarter, the trader importing cigarettes and cigars shall send to the Ministry of Industry and Trade’s Import-Export Administration Department a report on the automatic import of cigarettes and cigars in the preceding quarter clearly stating the categories, quantity, import value, sale prices, and the tentative import plan for the subsequent period (made according to the form provided Appendix III to this Circular, not translated).

2. Annually, before October 15, the trader importing cigarettes and cigars shall send to the Ministry of Industry and Trade’s Import-Export Administration Department a report on the import of cigarettes and cigars in 3 (three) quarters (in replacement of the report for the 3^rd quarter) and the import plan for the subsequent year.

Article 11. Organization of implementation

Three years after the effective date of this Circular, the Ministry of Industry and Trade shall review the implementation of this Circular so as to re-consider the designation of traders importing cigarettes and cigars under the mechanism of state trading.

Article 12. Effect

1. This Circular takes effect on February 20, 2014.

2. This Circular replaces Joint Circular No. 01/2007/TTLT-BTM-BCN of January 10, 2007, of the Ministry of Trade and the Ministry of Industry (now the Ministry of Industry and Trade), guiding the import of cigarettes and cigars under the Government’s Decree No. 12/2006/ND-CP of January 23, 2006, detailing the implementation of the Commercial Law regarding international goods sale and purchase and goods sale and purchase agency, processing and transit with foreign parties.-