Thông tư 21/2013/TT-BCT

CIRCULAR

DETAILING A NUMBER OF ARTICLES OF THE GOVERNMENT’S DECREE NO. 67/2013/ND-CP DATED JUNE 27, 2013, DETAILING A NUMBER OF ARTICLES AND MEASURES TO EXECUTE THE LAW ON PREVENTION OF TOBACCO HARMS REGARDING TOBACCO BUSINESS

Pursuant to the Government’s Decree No. 95/2012/ND-CP dated 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 dated June 27, 2013, detailing a number of articles and measures to execute the law on prevention of tobacco harms regarding tobacco business;

The Minister of Industry and Trade detailing a number of articles of the Government’s Decree No. 67/2013/ND-CP dated June 27, 2013, detailing a number of articles and measures to execute the law on prevention of tobacco harms regarding tobacco business as follows:

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides for:

Form of application, form of certificate of eligibility for investment in tobacco growing, form of license and forms of lists involving the grant, grant for supplementation and amendment, re-grant of certificate and license including: Certificate of eligibility for investment in tobacco growing, license for purchase and sale of tobacco raw materials, license for processing tobacco raw materials, license for manufacture of tobacco products, license for purchase and sale of tobacco products.

Guidance on regulations, forms of report; list of specialized tobacco equipment; guidance on form of registration for need of importing cigarette-paper, tobacco shreds, raw material tobacco leaves and regulations on inspection over activities in tobacco business.

Article 2. Subjects of application

This Circular applies to the domestic and foreign organizations and individuals participate in activities of tobacco business and other activities related to business of tobacco products on Vietnam’s territory.

Article 3. Interpretation of terms

In this Circular, terms are construed as follows:

1. “Copy" referred to in this Circular means any of forms in line with the following methods:

a) Certified copy (for cases of submitting dossiers by post or via the administrative paper-delivering channel);

b) Copy enclosed with its original for comparison (for cases of directly submitting dossiers);

c) Copy scanned from its original (in case where administrative procedures apply submission of electronic files).

2. The inspection agencies mean agencies which are assigned, decentralized to perform the state management tasks of tobacco business of Ministry managing sector, specialized agencies of People’s Committees of provinces and central-affiliated cities.

Chapter 2.

FORMS OF APPLICATION, LIST TO REQUEST FOR GRANT OF CERTIFICATE, LICENSE AND FORMS OF CERTIFICATE AND LICENSE

Article 4. Forms of application, list to request for grant of certificate of eligibility for investment in tobacco growing

Forms of application, list to request for grant of certificate of eligibility for investment in tobacco growing include:

1. Application for grant of certificate of eligibility for investment in tobacco growing (according to the form in Annex 1 enclosed with this Circular).

2. List of area, diagram of warehouses, factories, offices and other auxiliary zones (according to form in annex 2 enclosed with this Circular) and the overall ground of the above construction items.

3. List of equipment: the ventilation system: means and equipment for fire prevention and fighting, hygrometers and thermometers, devices for prevention of worm and termite; racks or shelves to prop up the tobacco raw material bales (according to form in Annex 3 enclosed with this Circular).

4. List of workers (according to form in annex 4 enclosed with this Circular).

5. Summary list of areas for tobacco growing, anticipated output of raw material tobacco leaves (according to the form in Annex 5 enclosed with this Circular).

Article 5. Forms of application, list to request for grant of license for purchase and sale of tobacco raw materials

Forms of application, list to request for grant of license for purchase and sale of tobacco raw materials include:

1. Forms of application to request for grant of license for purchase and sale of tobacco raw materials (according to form in annex 7 enclosed with this Circular).

2. List of areas, diagram of warehouses, offices and other auxiliary zones (according to form in annex 2 enclosed with this Circular).

3. List of equipment: the ventilation system: means and equipment for fire prevention and fighting, hygrometers and thermometers, devices for prevention of worm and termite; racks or shelves to prop up the tobacco raw material bales, means of transport (according to form in Annex 3 enclosed with this Circular).

4. List of workers (according to form in annex 4 enclosed with this Circular).

Article 6. Forms of application, list to request for grant of license for processing tobacco raw materials

Forms of application, list to request for grant of license for processing tobacco raw materials include:

1. Forms of application to request for grant of license for processing tobacco raw materials (according to form in annex 9 enclosed with this Circular).

2. List of area, diagram of factories, zones for classification, processing and baling, warehouses, offices and other auxiliary zones (according to form in annex 2 enclosed with this Circular).

3. List of the synchronous and specialized machinery and equipment for processing tobacco raw materials, equipment for checking quality of raw materials prior and post processing (according to the form in Annex 10 enclosed with this Circular).

4. List of equipment: the ventilation system: means and equipment for fire prevention and fighting, hygrometers and thermometers, devices for prevention of worm and termite; racks or shelves to prop up the tobacco raw material bales (according to form in Annex 3 enclosed with this Circular).

5. List of workers (according to form in annex 4 enclosed with this Circular).

Article 7. Forms of application, list to request for grant of license for manufacture of tobacco products

Forms of application, list to request for grant of license for manufacture of tobacco products include:

1. Forms of application to request for grant of license for manufacture of tobacco products (according to form in annex 12 enclosed with this Circular).

2. Subsidiary companies shall send dossier to request for grant of license for manufacture of tobacco products to the Mother Company. The Mother company shall represent for combination of mother company and subsidiary companies, sum up dossiers (including dossiers of mother company and subsidiary companies) to request the Ministry of Industry and Trade for grant of license for manufacture of tobacco products to the combination of mother company and subsidiary companies (according to form in annex 13 enclosed with this Circular).

3. Report on result of production and business operation of enterprise in 3 last years (if any), and anticipated production and business output of 05 (five) next years (according to form in annex 14 enclosed with this Circular).

4. List of the machinery and equipment for rolling cigarette and packing cigarette (according to the form in Annex 15 enclosed with this Circular).

5. List of area, diagram of warehouses, factories, offices and other auxiliary zones (according to form in annex 2 enclosed with this Circular).

6. List of investments in tobacco growing (according to the form in Annex 16 enclosed with this Circular).

Article 8. Forms of application, commitments to request for grant of license for purchase and sale of tobacco products

Forms of applications, commitments to request for grant of license for distribution of tobacco products, license for wholesale of tobacco products, license for retail of tobacco products include:

1. Form of application to request for grant of license for distribution of tobacco products (according to form in annex 19 enclosed with this Circular).

2. Forms of application to request for grant of license for wholesale of tobacco products (according to form in annex 21 enclosed with this Circular).

3. Forms of application to request for grant of license for retail of tobacco products (according to form in annex 23 enclosed with this Circular).

4. Written commitment of trader about full observance of requirements and conditions involving fire prevention and fighting, environmental protection (according to form in Annex 25 enclosed with this Circular).

Article 9. Forms of certificates, licenses

1. Form of certificate of eligibility for investment in tobacco growing (according to the form in Annex 6 enclosed with this Circular).

2. Form of license for purchase and sale of tobacco raw materials (according to form in Annex 8 enclosed with this Circular).

3. Form of license for processing tobacco raw materials (according to form in annex 11 enclosed with this Circular).

4. Form of license for manufacture of tobacco products (according to forms in annexes 17 and 18 enclosed with this Circular).

5. Form of license for purchase and sale of tobacco products (according to form in Annexes 17 and 18 enclosed with this Circular).

Chapter 3.

FORMS OF APPLICATION TO REQUEST FOR GRANT FOR AMENDMENT AND SUPPLEMENTATION, REGRANT OF CERTIFICATE, LICENSE AND FORMS OF AMENDMENT AND SUPPLEMENTATION REGRANTED FOR CERTIFICATE AND LICENSE

Article 10. Form of application, form of amendment and supplementation grant for certificate of eligibility for investment in tobacco growing, license for purchase and sale of tobacco raw materials, license for processing tobacco raw materials, license for production of tobacco products, license for purchase and sale of tobacco products

Form of application to amend and supplement certificate of eligibility for investment in tobacco growing, license for purchase and sale of tobacco raw materials, license for processing tobacco raw materials, license for production of tobacco products, license for purchase and sale of tobacco products include:

1. Form of application to request for the amendment and supplementation grant to certificate of eligibility for investment in tobacco growing, license for purchase and sale of tobacco raw materials, license for processing tobacco raw materials, license for production of tobacco products, license for purchase and sale of tobacco products (according to forms in Annexes 26, 28, 30, 32, 34, 46, 48 and 50 enclosed with this Circular).

2. Form of the amendment and supplementation grant to certificate of eligibility for investment in tobacco growing, license for purchase and sale of tobacco raw materials, license for processing tobacco raw materials, license for production of tobacco products, license for purchase and sale of tobacco products (according to forms in Annexes 27, 29, 31, 33, 35, 47, 49 and 51 enclosed with this Circular).

Article 11. Form of application, forms of the re-granted papers for certificate of eligibility for investment in tobacco growing, license for purchase and sale of tobacco raw materials, license for processing tobacco raw materials, license for production of tobacco products, license for purchase and sale of tobacco products

1. Form of application to request for re-grant of certificate of eligibility for investment in tobacco growing, license for purchase and sale of tobacco raw materials, license for processing tobacco raw materials, license for production of tobacco products, license for purchase and sale of tobacco products which have been granted and of which validity durations are expired (according to forms in Annexes 1, 7, 9, 12, 13, 19, 21 and 23 enclosed with this Circular).

2. Form of application to request for re-grant of certificate of eligibility for investment in tobacco growing, license for purchase and sale of tobacco raw materials, license for processing tobacco raw materials, license for production of tobacco products, license for purchase and sale of tobacco products which have been lost, destroyed wholly or partly, torn or burned (according to forms in Annexes 36, 38, 40, 42, 44, 52, 54 and 56 enclosed with this Circular).

3. Forms of the re-granted papers for certificate of eligibility for investment in tobacco growing, license for purchase and sale of tobacco raw materials, license for processing tobacco raw materials, license for production of tobacco products, license for purchase and sale of tobacco products which have been lost, destroyed wholly or partly, torn or burned (according to forms in Annexes 37, 39, 41, 43, 45, 53, 55 and 57 enclosed with this Circular).

Chapter 4.

FORM OF APPLICATION TO REQUEST FOR IMPORT OF TOBACCO RAW MATERIALS, CIGARETTE-PAPERS

Article 12. Form of registration for need of tobacco raw materials, cigarette papers

1. Form of application to request for import of tobacco raw materials, cigarette-paper in order to produce tobacco products sold domestically, in which clearly stating result of production and business, situation of importing tobacco raw materials, cigarette-papers in the report year, commitments on using tobacco raw materials, cigarette-paper in proper purpose, not exchanging, trading under any form and proposals, comments (if any).

2. Report on situation of tobacco production and sale in the report year and the anticipated situation in next year (according to form in Annex 58 enclosed with this Circular).

3. Report on norm of using tobacco raw materials and cigarette-paper in next year (according to form in Annex 59 enclosed with this Circular).

4. Registration for need of cigarette-paper, tobacco raw materials in next year (according to form in Annex 60 enclosed with this Circular).

Article 13. Form of application to request for import of tobacco raw materials, cigarette-paper for manufacture, export or processing for export

1. Form of application to request for import of tobacco raw materials, cigarette-paper for manufacture of tobacco products for export or processing for export (according to form in Annex 61 enclosed with this Circular).

2. Form of application to request for import of tobacco raw materials for processing the export tobacco or processing and manufacture of export tobacco raw materials (according to form in Annex 61 enclosed with this Circular).

Chapter 5.

THE REPORTING FORMS AND REGIME

Article 14. The reporting forms and regime for state management agencies of industry and trade at all levels

1. Biannually, the Services of Industry and Trade shall report to the Ministry of Industry and Trade about the situation of operation and business and situation of grant of certificate of eligibility for investment in tobacco growing, license for purchase and sale of tobacco raw materials, license for wholesale of tobacco products, license for retail of tobacco products and the tobacco product business of traders in localities within 20 (twenty) days after ending the report term (according to forms in Annexes 62, 64 and 65 enclosed with this Circular).

2. Before January 15 every year, the Services of Industry and Trade shall report to the Ministry of Industry and Trade about the situation of investment in tobacco growing in localities (according to forms in Annex 63 enclosed with this Circular).

3. Biannually, the Divisions of Industry and Trade or Divisions of Economy (specialized agencies of the district-level People’s Committees - hereinafter collectively referred to as Divisions of Industry and Trade) shall report to the Service of Industry and Trade about the situation of business, grant of license for retail of tobacco products of traders in their localities within 10 (ten) days after ending the report term (according to form in Annex 66 enclosed with this Circular).

Article 15. The reporting forms and regime for enterprises

1. Biannually, producers of tobacco products, importer of tobacco must send reports to the Ministry of Industry and Trade and the Ministry of Finance about activities of tobacco product manufacture and import within 10 (ten) days after ending the report term (according to form in Annex 67 enclosed with this Circular).

 2. Biannually, producers of tobacco products shall send reports to the Ministry of Industry and Trade about situation of importing tobacco raw materials, cigarette-paper, not exceeding 10 (ten) days after ending the report term (according to form in Annex 68 enclosed with this Circular).

3. Biannually, producers of tobacco products shall send reports to the Ministry of Industry and Trade about situation of the domestic tobacco raw material purchase and sale in order to manufacture tobacco products for domestic sale and export, within 10 (ten) days after ending the report term (according to form in Annex 69 enclosed with this Circular).

4. Biannually, enterprises investing in tobacco growing shall send reports to the Services of Industry and Trade about situation of investment in tobacco growing, not exceeding 10 (ten) days after ending the report term (according to form in Annex 70 enclosed with this Circular).

5. Biannually, enterprises purchasing and selling tobacco raw materials shall send reports to the agencies licensed for purchase and sale of tobacco raw materials, about situation of entrustment export and import of tobacco raw materials, not exceeding 10 (ten) days after ending the report term (according to form in Annex 71 enclosed with this Circular).

6. Biannually, enterprises processing tobacco raw materials shall send reports to the agencies licensed for processing tobacco raw materials, about situation of production, business and processing of tobacco raw materials, not exceeding 10 (ten) days after ending the report term (according to form in Annex 72 enclosed with this Circular).

7. Before January 31 every year, the tobacco business enterprise must send last-year reports of their units to the competent agencies granted licenses, about situation of manufacture for export and processing for export involving tobacco raw materials (according to form in Annex 73 enclosed with this Circular).

8. In case where enterprises import new machinery and equipment for manufacture for export or replacement of old machinery and equipment, before January 31 every year, the producers of tobacco products shall report to the agencies granted licenses, about situation of import and use of tobacco-specialized machinery and equipment (according to form Annex 74 enclosed with this Circular).

9. Biannually, suppliers of tobacco products shall send statistical reports of output, kinds of tobacco products in business (according to system of distribution, wholesale, retail) of their units to the Ministry of Industry and Trade and the Services of Industry and Trade where they are headquartered (according to forms in Annexes 75 and 76 enclosed with this Circular).

10. Biannually, traders of distribution, wholesale, retail of tobacco products shall report their business situation to the state management agencies of Industry and Trade (according to forms in Annexes 77, 78 and 79 enclosed with this Circular).

Chapter 6.

PROVISIONS ON INSPECTION

Article 16. Periodic inspection

1. Based on practical situation and requirements of inspection for the law observance on tobacco trading applicable to each organization, individual, the competent state agencies shall formulate plan on annual inspection.

2. A annual plan on inspection must have the following principal contents: Purpose, requirements of inspection; objects and scope of inspection; contents which need to be inspected; duration and locations to conduct inspection; funding for inspection; inspection forces; duty assignment to perform inspection; the reporting regime.

3. Before inspection, the inspection agencies must notify organizations and individuals about the inspection plan not later than 15 (fifteen) days before inspection.

Article 17. Irregular inspection

The inspection agencies shall conduct irregular inspection in the following cases:

1. When detecting tobacco business organization or individual infringing provisions in Decree No. 67/2013/ND-CP dated June 27, 2013, detailing a number of articles and measures to execute the law on prevention of tobacco harms regarding tobacco business and provisions in this Circular.

2. Information from means of mass media which are licensed by competent state agencies or information from complaints, denunciation or report of organizations and individuals.

3. At the request of the competent superior state management agencies;

4. The inspection agencies are not required to have an advanced notification to organizations and individuals about the inspection plan.

Article 18. Inspection content

1. To inspect dossier of grant for certificate of eligibility for investment in tobacco growing, license for purchase and sale of tobacco raw materials, license for processing tobacco raw materials, license for production of tobacco products, license for purchase and sale of tobacco products as prescribed at Articles 8, 10, 13, 18 and Article 27 of Government’s Decree No. 67/2013/ND-CP dated June 27, 2013, detailing a number of articles and measures to execute the law on prevention of tobacco harms regarding tobacco business.

2. To inspect the observance of conditions for: Investment in tobacco growing, purchase and sale of tobacco raw materials, processing of tobacco raw materials, manufacture of tobacco products, purchase and sale of tobacco products as prescribed in Articles 7, 9, 12, 17 and Article 26 of the Government’s Decree No. 67/2013/ND-CP dated June 27, 2013, detailing a number of articles and measures to execute the law on prevention of tobacco harms regarding tobacco business.

3. To inspect the observance of provisions on investment and innovation of equipment and technologies; investment in manufacture of export tobacco, processing of export tobacco; planning; investment in processing tobacco raw materials, foreign investment in manufacture of tobacco products as prescribed in Articles 24 and 25 of Government’s Decree No. 67/2013/ND-CP dated June 27, 2013, detailing a number of articles and measures to execute the law on prevention of tobacco harms regarding tobacco business.

4. To inspect the observance of provisions on using the specialized machinery and equipment for tobacco manufacture, growing, purchase and sale of tobacco raw materials, processing of tobacco raw materials, manufacture of tobacco products, purchase and sale of tobacco products as prescribed in Articles 7, 9, 12, 17 and Article 26 of the Government’s Decree No. 67/2013/ND-CP dated June 27, 2013, detailing a number of articles and measures to execute the law on prevention of tobacco harms regarding tobacco business.

Article 19. Handling of inspection result

1. Based on the inspection result, the inspection team shall make a written record of inspection as soon as ending inspection at inspection place (according to forms in Annex 81 and 82 enclosed with this Circular) and notify the inspection agency, the inspected organizations and individuals about the inspection result.

2. Based on the inspection result, depending on the seriousness, the inspection team shall propose the inspection agency to sanction or do procedures for transferring dossier of violations of organizations and individuals to agencies competent to sanction as prescribed by law on sanctioning of administrative violations.

Article 20. Responsibilities and powers of the inspection agencies

The agencies inspecting the business operation have the following responsibilities and powers:

1. To formulate the inspection plan and submit to the competent agencies for approval.

2. To decide on establishment of the inspection team to conduct inspection under the periodic or irregular inspection plan.

3. To issue decision on handling within 07 (seven) working days, after receiving report of the inspection team about suspension of activities of tobacco business.

4. To handle violation during inspection of business activities as prescribed by related law.

5. To inform organizations and individuals about the concerned inspection results and conclusions.

6. To solve complaints and denunciation about decisions of the inspection team, acts of members of the inspection team as prescribed by law on complaints and denunciation.

Article 21. Responsibilities and powers of the inspection team

In inspection operation, the inspection teams have the following responsibilities and powers:

1. To inspect activities of tobacco business under decision on establishment of the inspection team approved by competent agencies.

2. To abide by law and implement all contents of inspection defined in Article 18 of this Circular and other legislations involving tobacco business.

3. To sum up and report situation of inspection, the inspection results of tobacco business to the provincial People’s Committees and the Ministry of Industry and Trade.

4. To request the inspected organizations and individuals for presenting the concerned dossiers and documents as necessary.

5. To request tobacco business organizations and individuals that fail to comply with law on tobacco business for applying remedy measures.

Article 22. Responsibilities and powers of the tobacco business organizations and individuals

1. To coordinate with the inspection teams, inspection agencies during inspection of tobacco inspection at the inspected places.

2. To provide dossiers and documents involving the tobacco business as prescribed in Article 18 of this Circular.

3. To comply with the inspection operation of the inspection agencies, inspection teams and decisions on handling of violations of competent agencies.

4. To perform reports:

a) Reports on situation of overcoming errors in business to the inspection agencies;

b) Reports on situation of observance of legislation on tobacco business at the request of competent agencies.

5. Report on maintenance of conditions for tobacco business as prescribed by law.

6. Report on overcoming unsatisfied errors stated in the written record of inspection at the request of the inspection agencies and inspection teams.

7. To make complaints over conclusions of the inspection teams as prescribed by law.

Chapter 7.

IMPLEMENTATION PRVISIONS

Article 23. Organization of implementation

1. Department of Light Industry shall, within its functions and tasks, assume the prime responsibility for, and coordinate with Ministerial units in performing the following tasks:

a) Organizing the receipt of dossiers, inspection, supervision, appraisal and submission to leaders of Ministry for approving the guidelines on investment in manufacture of tobacco products, license for processing tobacco raw materials, license for production of tobacco products, and activities involving tobacco business in accordance with regulations.

b) Formulating the inspection plan and organizing guidance and inspection over organizations and individuals for complying with Decree No. 67/2013/ND-CP dated June 27, 2013, detailing a number of articles and measures to execute the law on prevention of tobacco harms regarding tobacco business, provisions in this Circular and related legislations involving tobacco business.

2. Department of Domestic Market shall, under its functions and tasks, assume the prime responsibility for, and coordinate with Ministerial units in conducting the following tasks:

a) Organizing the receipt of dossiers, inspection, supervision, appraisal and submission to leaders of Ministry for grant of license for purchase and sale of tobacco products as prescribed in this Circular;

b) Formulating the inspection plan and organizing guidance and inspection over organizations and individuals for complying with Decree No. 67/2013/ND-CP dated June 27, 2013, detailing a number of articles and measures to execute the law on prevention of tobacco harms regarding tobacco business, provisions in this Circular and related legislations involving tobacco business.

3. Department of Market Management shall, under its functions and tasks, assume the prime responsibility for, and coordinate with Ministerial units in conducting the following tasks:

Organizing inspection over the observance of relevant organizations and individuals as prescribed in Government's Decree No. 67/2013/ND-CP dated June 27, 2013, detailing a number of articles and measures to execute the law on prevention of tobacco harms regarding tobacco business, provisions in this Circular and related legislations involving tobacco business.

4. The Services of Industry and Trade shall, under their functions and tasks, assume the prime responsibility for, and coordinate with relevant agencies in provinces in conducting the following tasks:

a) Organizing the receipt of dossiers, inspection, supervision, appraisal and grant of certificate of eligibility for investment in tobacco growing, license for purchase and sale of tobacco raw materials, license for wholesale of tobacco products under their competence as prescribed in this Circular ;

b) Organizing guidance and inspection over Divisions of Industry and Trade in grant of licenses for retail of tobacco products as prescribed in this Circular;

c) Formulating the inspection plan and organizing guidance and inspection over organizations and individuals in provinces in implementation of Government's Decree No. 67/2013/ND-CP dated June 27, 2013, detailing a number of articles and measures to execute the law on prevention of tobacco harms regarding tobacco business, provisions in this Circular and related legislations involving tobacco business.

5. The Divisions of Industry and Trade shall, under their functions and tasks, assume the prime responsibility for, and coordinate with relevant agencies in localities in conducting the following tasks:

a) Organizing the receipt of dossiers, inspection, supervision, appraisal and grant of license for retail of tobacco products under their competence as prescribed in this Circular;

b) Formulating the inspection plan and organizing guidance and inspection over organizations and individuals for complying with Decree No. 67/2013/ND-CP dated June 27, 2013, detailing a number of articles and measures to execute the law on prevention of tobacco harms regarding tobacco business, provisions in this Circular and related legislations involving tobacco business.

6. Responsibilities of the provincial/municipal People’s Committees:

The provincial/municipal People’s Committees shall direct the Services of Industry and Trade to organize implementation of this Circular, organize inspection and handling of violations of law on investment in tobacco growing, purchase and sale of tobacco raw materials, and purchase and sale of tobacco products under their competence.

Article 24. Effect

1. This Circular takes effect on October 15, 2013.

2. To annul the Circular No. 02/2011/TT-BCT dated January 28, 2011 of the Ministry of Industry and Trade guiding the Government’s Decree No. 67/2013/ND-CP dated June 27, 2013, detailing a number of articles and measures to execute the law on prevention of tobacco harms regarding tobacco business from the effective day of this Circular.

3. In the course of implementation, the responsible organizations and individuals must regularly report to the Ministry of Industry and Trade about result of implementation organization and reflect timely difficulties and problems to the Ministry of Industry and Trade for supplementation and modification.