Today, LSX Lawfirm will give you an article about: “Prepare documents to apply for a tobacco retail license in Vietnam”, as follows:
Legal grounds
– Law on Investment 2020
– Law on Prevention and Control of Tobacco Harms 2012
– Decree 67/2013/ND-CP detailing a number of articles and measures to implement the Law on Prevention and Control of Tobacco Harms on tobacco trading.
– Decree 106/2017/ND-CP amending and supplementing a number of articles of the Government’s Decree No. 67/2013/ND-CP dated June 27, 2013 detailing a number of articles and implementation measures Law on prevention and control of harmful effects of tobacco on tobacco business
– Decree 08/2018/ND-CP amending a number of Decrees related to business investment conditions under the scope of state management of the Ministry of Industry and Trade
– Circular 168/2016/TT-BTC stipulating the rate of collection, mode of collection, payment, management and use of fees for appraisal of goods and services subject to business restrictions; goods and services subject to conditional business in the field of commerce and fees for licensing the establishment of the Goods Exchange.
Some definitions about tobacco cultivation in Vietnam
Accordingly, Tobacco is a product manufacture wholly or partially from tobacco ingredients; and in the form of cigarettes, cigars, shredded tobacco used for smoking pipes, smoking, chewing, or sniffing.
Then, Shredded tobacco is tobacco manufacture wholly or partially from tobacco ingredients; and made in the form of tobacco shreds used for smoking pipes, rolling, smoking, and chewing.
So, Tobacco related to the conditions for the issuance of the License to trade in tobacco ingredients in Vietnam
- Firstly, distributors are traders that purchase tobacco directly from tobacco suppliers and sell them to tobacco wholesalers.
- Secondly, wholesalers are traders that purchase tobacco from tobacco distributors and tobacco suppliers to sell to tobacco retailers
- Finally, retailers are traders that purchase products from tobacco wholesalers and sell them to consumers.
Does retail tobacco require a license?
Clause 13, Article 3 of Decree 67/2013/ND-CP (amended according to Clause 3, Article 1 of Decree 106/2017/ND-CP) stipulates:
Retailer of tobacco products means a trader that buys tobacco products from a trader that distributes tobacco products or a trader who wholesales tobacco products to sell directly to consumers.
According to the provisions of Clause 1, Article 7 of the Law on Investment 2020, conditional investment and business lines are industries and trades in which the performance of business investment activities in such industry or trade must satisfy necessary conditions because: reasons for national defense, national security, social order and safety, social ethics, and community health.
The list of industries and trades with conditional business investment is specified in Appendix IV of the Investment Law 2020. In which, there are lines of business in tobacco products, tobacco ingredients, machinery and equipment. tobacco industry.
Thus, in order to do tobacco retail business, traders need to meet certain conditions as prescribed by law and must be granted a License to retail tobacco products.
Prepare documents to apply for a tobacco retail license in Vietnam
Step 1: Prepare documents
Traders need to prepare 02 sets of dossiers of application for a license to retail tobacco products, including:
(1) Firstly An application form for a license to retail tobacco products
(2) Secondly Copy of Certificate of Business Registration or Certificate of Business Registration and Certificate of Tax Identification Number
(3) Thirdly Copies of introductory documents of distributors or wholesalers of tobacco products, clearly stating the proposed business area.
Step 2: Submit your application
The trader submits 01 application at the Chamber of Industry and Trade or the Department of Economy (a specialized agency under the district-level People’s Committee); 01 set of records kept at the enterprise or business household.
Traders can choose one of the following forms of application:
- Submit application directly
- Submit application online
- Then submit application via postal service
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Step 3: Get the result
So the trader receives the License to retail tobacco products at the place of application.
Processing time: 15 working days from the date of receipt of complete and valid dossiers. In case of refusal, a written reply must be given clearly stating the reason.
Appraisal fee:
- For Businesses:
- In the area of centrally-affiliated cities, cities and towns directly under the province: VND 1,200,000 / appraisal time
- The rest of the areas: 600,000 VND / appraisal time
- For business households:
- In the area of centrally-affiliated cities, cities and towns directly under the province: VND 400,000/appraisal
- The remaining areas: 200,000 VND / appraisal.
Related questions
Firstly, Tobacco planters, enterprises that plant, process, trade in tobacco ingredients shall classify tobacco ingredients in accordance with law.
Secondly, the Ministry of Industry and Trade shall cooperate with relevant Ministries and agencies in formulating national technical standards of tobacco ingredient classification.
A written request for the Certificate of eligibility to invest in tobacco cultivation.
A copy of the Certificate of Business registration.
Then, The declaration of the area, floor plan of the warehouse, workshop, office, and other ancillary sites.
The manifest of equipment: ventilation system, fire prevention and fighting equipment, hygrometer, thermometer, pest prevention equipment, shelves and platforms.
Then, The list of employees, copies of labor contract and intermediate degrees in agriculture (or higher) of investment managers; technical supporters, and ingredient purchasers.
Finally, Copies of contracts to invest in tobacco cultivation signed with planters and the statement of planting area and estimated quantity of tobacco leaves.
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