GRANT ALLOWED DISTRIBUTION OF TOBACCO PRODUCTS

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5 years ago

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GRANT ALLOWED DISTRIBUTION OF TOBACCO PRODUCTS

In the Vietnamese legal system, our State allows organizations and individuals to conduct business in sectors and trades not banned by law. However, for some industries, due to the specific nature of services and goods, entities may only conduct business activities when all conditions prescribed by law are met. One of those industries is distribution of tobacco products. To be able to conduct business in cigarette product distribution, individuals and organizations must have a tobacco product distribution license. The following article Law Plus asks for advice on the procedures for applying for a license to distribute tobacco products. Together with Law Plus, let’s learn about the conditions and order to apply for distribute tobacco licensing in Vietnam.

Conditions License for distributing 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 sale) Law on Prevention and Control of Tobacco Harms 2012
Having a tobacco product distribution system in two or more provinces (in each province or city, there must be at least 1 wholesaler of tobacco products). “;
There is a letter of recommendation from the Tobacco Supplier to indicate sales;
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

Step 1: Prepare the application dossiers for permission.

Traders prepare dossiers according to current regulations. Immediately contact a lawyer to understand and update the new rules related to applications and licensing procedures

The application for a license includes:

An application for a tobacco product distribution license;
A copy of the certificate of business registration or certificate of business registration and certificate of tax code
Copies of introductory documents of the Tobacco Products Supplier, clearly stating the expected business location.
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 multiplied by or will belong to the tobacco product distribution system.

Step 2: Apply for licensing

Traders submit or authorize Law Plus Lawyers by post or directly to the Ministry of Industry and Trade

Step 3: Processing the proposal

Ministry of Industry and Trade checks the composition and legality of the application.

In case of insufficient valid dossiers, within 07 working days from the date of receiving traders’ dossiers, the Ministry of Industry and Trade shall request in writing the traders to supplement the dossiers.

Within 15 working days after receiving a complete and valid dossier, the Ministry of Industry and Trade shall consider and grant a license to distribute tobacco products. In case the trader does not meet the prescribed conditions, the Ministry of Industry and Trade will issue a written reply refusing the license and clearly stating the reason.

Legal basis:

Law 09/2012 / QH13
Decree 67/2013 / ND-CP
Circular 21/2013 / TT-BCT
Decree 106/2017 / ND-CP
Decree 08/2018 / ND-CP

Above are some provisions of the law on dossiers of conditions, and procedures for applying for distribution of tobacco products. If you would like more information, please contact Law Plus for assistance.

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 info@lawplus.vn or phone +842862779399.

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