Trading tobacco is a conditional business. This is the business aspect being minimised by Vietnam and other countries because the harm of medicine is on human health. However, due to high profit and consumption, traders still choose and trade this product. . Together with Law Plus, let’s learn about the conditions and procedures to apply for a license of wholesaling tobacco in Vietnam.
Table of Contents/Mục lục
Conditions for being granted a wholesale license for tobacco products:
- Being an enterprise established under the provisions of law;
- Business locations that do not violate the regulations on places not to sell cigarettes as prescribed in Clause 2, Article 25 (Cigarette sales) of the 2012 Tobacco Prevention and Control Law;
- Having a system of wholesale of tobacco products in the province where the trader is headquartered (at least two retailer of tobacco products or more);
- There is a letter of introduction from the Tobacco Product Supplier or of the cigarette product distributors clearly stating the area where business is expected;
- There is a commitment of the enterprise to ensure full compliance with the requirements of conditions for fire prevention and environmental protection in accordance with the law;
Procedures for applying for licenses
Step 1: Prepare a dossier of application for tobacco wholesaling
Traders prepare complete dossiers according to current law provisions
Step 2: Submit application for tobacco wholesaling
Traders wholesaling tobacco products directly or authorizing Law Plus lawyers to send them directly or by post to the Department of Industry and Trade.
Step 3: Processing the proposal
Department of Industry and Trade checks the composition and legality of the application.
In case of missing or invalid dossiers, Officials of the Department of Industry and Trade will guide the applicants to amend and supplement the complete documents.
In case there are not enough valid dossiers, within 07 working days from the date of receiving traders’ dossiers, the Department of Industry and Trade shall request in writing the traders to supplement the dossiers.
Department of Industry and Trade conducts evaluation of documents and necessary conditions for licensing or refusing to license.
Within 15 working days after receiving a complete and valid dossier, the Department of Industry and Trade shall consider and grant a license to wholesale tobacco products. In case the trader does not meet the prescribed conditions, the Department of Industry and Trade will issue a written reply refusing the license and clearly stating the reason.
- An application for a tobacco product wholesale license; Application form for a license to wholesale tobacco products
- A copy of the certificate of business registration or certificate of business registration and certificate of tax code;
- A copy of the introductory text of tobacco product suppliers or traders distributing tobacco products, clearly stating the proposed location of business
- A list of traders, copies of enterprise registration certificates or business registration certificates and tax identification number certificates, tobacco product trading licenses (if already traded) of traders people who have or will be in the distribution system of tobacco products in the area;
- The commitment of the trader to ensure full compliance with the requirements of conditions for fire prevention and environmental protection (according to the form in Appendix 25 attached to Circular No. 21/2013 / TT-BCT).
Legal basises of the procedure
- Decree No. 67/2013 / ND-CP dated June 27, 2013 of the Government detailing a number of articles and measures to implement the Law on Prevention and Control of Tobacco Harms on Tobacco Business;
- Circular No. 21/2013 / TT-BCT dated September 25, 2013 of the Minister of Industry and Trade detailing a number of articles of the Government’s Decree 67/2013 / ND-CP of June 27, 2013 detailing a number of articles and measures to implement the Law on Prevention and Control of Tobacco Harms on Tobacco Trading;
- Circular No. 77/2012 / TT-BTC dated May 16, 2012 of the Minister of Finance regulating the rates, collection, remittance, management and use of fees for appraisal of goods and services trading term economic processing; evaluation fees for trading goods and services subject to conditional business in the commercial field; fee for granting Business Qualified Certificate; fees for granting business licenses in the field of commerce and fees for granting licenses for establishing the Goods Exchange;
- Official Letter No. 739 / BCT-CNN dated January 24, 2014 of the Ministry of Industry and Trade on correcting the Circular No. 21/2013 / TT-BCT dated September 25, 2013 of the Minister of Industry and Trade.
Above are some provisions of the law on dossiers of conditions and procedures for applying for tobacco product wholesale licenses. If you would like to know more details, please contact Law Plus.
Note: The content of advice and the legal provisions referenced in the article are at the time of consultation and may no longer be effective at the time readers read this article. Therefore, for detailed advice and implementation support, please contact Law Plus via email@example.com or phone +842862779399.
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