Circular No. 37/2013/TT-BCT

CIRCULAR

REGULATING THE IMPORT OF CIGARETTES AND CIGARS

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

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

Pursuant to Decree No. 187/2013/ND-CP dated November 20, 2013 of the Government detailing implementation of the Commercial Law regarding international goods trading activities and agency activities for buying, selling, processing and transit of goods with foreign countries;

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

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

Article 1. Scope of regulation

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

2. This Circular does not apply to:

a) Import of cigarettes and cigars for business at duty-free shops;

b) Import of cigarettes and cigars as samples for research and trial production, and temporary import for re-export as samples for participation in fairs and exhibitions; cigarettes and cigars carried by individuals entering the country within the limits prescribed by the Government;

c) Temporary import for re-export; temporary export for re-import; entrepot trading and transit through the territory of Vietnam.

Article 2. Subjects of application

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

Article 3. Interpretation of terms

"Cigarettes and cigars" means tobacco products manufactured wholly or partly from tobacco raw materials and used for smoking.

Article 4. List of imported cigarettes and cigars

The list of imported cigarettes and cigars is set out in Appendix I issued together with this Circular.

Article 5. Management principles

1. Tobacco products, including cigarettes and cigars, are goods whose consumption is not encouraged under the World Health Organization (WHO) Framework Convention on Tobacco Control (FCTC), of which the Socialist Republic of Vietnam is a member. The State uniformly manages the import of cigarettes and cigars in conformity with Vietnam's commitments upon accession to the World Trade Organization (WTO).

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

Article 6. Designation of importing trader

The Ministry of Industry and Trade designates Vietnam National Tobacco Corporation (VINATABA) as the trader importing cigarettes and cigars under the state trading mechanism.

Article 7. Requirements for imported cigarettes and cigars

1. Cigarettes and cigars imported and circulated on the market must have their trademark use rights registered for protection in Vietnam, and must bear import tobacco stamps as prescribed by the Ministry of Finance.

2. Cigarettes and cigars imported for business in the domestic market must comply with current legal provisions on trading in tobacco products.

3. Imported cigarettes and cigars must comply with current legal provisions on announcement of conformity with standards, technical regulations, or food safety regulations; and must undergo quality, hygiene, safety and harmful substance content inspection as applicable to domestically manufactured cigarettes and cigars.

4. For cigarette and cigar brands imported into Vietnam for the first time, before carrying out import procedures, traders must send samples of the imported cigarettes and cigars to an agency or organization with the function of analysis and testing designated by a competent state authority, for sample analysis in accordance with the requirements of technical regulations, standards, or food safety regulations under current Vietnamese law.

5. Imported cigarettes and cigars must comply with current legal provisions on goods labeling, labeling of tobacco products consumed in Vietnam, and printing of health warnings on packaging.

Article 8. Import procedures

1. When carrying out import procedures, in addition to the import dossier required by the Customs authority, the trader must present to the Customs authority 1 (one) original Application for Automatic Import Registration of Cigarettes and Cigars certified by the Import-Export Department of the Ministry of Industry and Trade, and 1 (one) Declaration of Conformity (a copy bearing the trader's certified-true-copy seal) or 1 (one) Declaration of Food Safety Conformity (a copy bearing the trader's certified-true-copy seal) as prescribed by current law. For a shipment falling under Clause 4, Article 7 of this Circular, the trader must additionally present 1 (one) Sample Analysis Certificate (a copy bearing the trader's certified-true-copy seal).

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

Article 9. Registration of imports under the automatic licensing regime

1. Before carrying out import procedures, the trader shall send by post 01 (one) set of documents registering the import of cigarettes and cigars under the automatic regime to the Import-Export Department of the Ministry of Industry and Trade (54 Hai Ba Trung, Hoan Kiem, Hanoi). The dossier includes:

a) Application for Automatic Import Registration of Cigarettes and Cigars: 2 (two) copies in the form set out in Appendix II issued together with this Circular;

b) Import contract: 1 (one) copy (bearing the trader's certified-true-copy seal);

c) Commercial invoice: 1 (one) copy (bearing the trader's certified-true-copy seal);

d) Bill of lading or transport document of the shipment: 1 (one) copy (bearing the trader's certified-true-copy seal).

2. Within 5 (five) working days from the date of receiving the trader's complete and valid dossier as prescribed in Clause 1 of this Article 9, the Import-Export Department of the Ministry of Industry and Trade shall certify the Application for Automatic Import Registration of Cigarettes and Cigars. Where the dossier is incomplete or invalid, or where certification is refused, the Import-Export Department of the Ministry of Industry and Trade shall issue a written notice requesting the trader to supplement the dossier or stating the reasons therefor.

3. The validity period of the Application for Automatic Import Registration certified by the Import-Export Department of the Ministry of Industry and Trade is 30 (thirty) days from the date the Application is certified.

Article 10. Reporting regime

1. Within the first 15 (fifteen) days of the following quarter, traders importing cigarettes and cigars must send to the Import-Export Department of the Ministry of Industry and Trade a written report on the automatic import of cigarettes and cigars for the preceding quarter, clearly stating the types, quantities, import value, selling prices, and the expected import plan for the coming period (in the form set out in Appendix III issued together with this Circular).

2. Before October 15 each year, traders importing cigarettes and cigars must report to the Import-Export Department of the Ministry of Industry and Trade (in lieu of the third-quarter report) on the import situation for the first 3 (three) quarters and the expected import for the following year.

Article 11. Organization of implementation

After 3 (three) years from the effective date of this Circular, the Ministry of Industry and Trade shall take the lead in evaluating the implementation of the Circular to review the designation of the trader importing cigarettes and cigars under the state trading mechanism.

Article 12. Effect

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

2. This Circular replaces Joint Circular No. 01/2007/TTLT-BTM-BCN dated 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 Decree No. 12/2006/ND-CP dated January 23, 2006 of the Government detailing implementation of the Commercial Law regarding international goods trading activities and agency activities for buying, selling, processing and transit of goods with foreign countries./.

APPENDIX I

LIST OF IMPORTED CIGARETTES AND CIGARS (Issued together with Circular No. 37/2013/TT-BCT dated December 30, 2013 of the Ministry of Industry and Trade regulating the import of cigarettes and cigars)

PHỤ LỤC II

MẪU ĐƠN ĐĂNG KÝ NHẬP KHẨU TỰ ĐỘNG THUỐC LÁ ĐIẾU, XÌ GÀ (Ban hành kèm theo Thông tư số 37/2013/TT-BCT ngày 30 tháng 12 năm 2013 của Bộ Công Thương quy định nhập khẩu thuốc lá điếu, xì gà)

PHỤ LỤC III

MẪU BÁO CÁO QUÝ/NĂM VỀ TÌNH HÌNH NHẬP KHẨU TỰ ĐỘNG THUỐC LÁ ĐIẾU, XÌ GÀ (Ban hành kèm theo Thông tư số 37/2013/TT-BCT ngày 30 tháng 12 năm 2013 của Bộ Công Thương quy định nhập khẩu thuốc lá điếu, xì gà)

Appendix I is compiled on the basis of the 2012 version of HS codes