Tobacco distribution is a conditional business. Therefore, when doing business, traders must ensure conditions as well as complete the procedures to apply for a distribution license. For more clarification on this issue, Hong Bang Law would like to advise as follows:

Legal basis

• Law on prevention and control of harmful effects of tobacco
• Decree 67/2013/ND-CP detailing several 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 some articles of the Government’s Decree No. 67/2013/ND-CP dated June 27, 2013, detailing several articles and implementation measures Law on prevention and control of harmful effects of tobacco on the tobacco business
• Decree 08/2018/ND-CP Amending several Decrees related to business investment conditions under the state management of the Ministry of Industry and Trade

Conditions

• Enterprises established under the law;
• Business locations that do not violate regulations on places not to sell cigarettes are as follows:

a) Places where smoking is completely prohibited indoors and within the premises include:

Health facilities;

• • Educational establishments, (except Colleges, universities, institutes);
  • Care, nurturing, entertainment, and recreation facilities exclusively for children; Facilities or areas with a high risk of fire or explosion.

b) Places, where smoking is completely prohibited indoors, include:

• • Workplace;
  • Colleges, universities, institutes;
  • Public places (Unless otherwise specified).

c) Public transport means that are completely banned from smoking include: cars, airplanes, and electric trains.

d) Places, where smoking is prohibited in the house but allowed to have a place exclusively for smokers, include:

• • Bars, karaoke, discos, hotels, and tourist accommodation establishments;
  • Public means of transport are ships and trains.

e) Outside the gate of kindergartens, kindergartens, primary schools, junior high schools, high schools, medical research institutes, hospitals, maternity houses, preventive health centers, commune health stations, ward, town: within 100 meters (m) of the nearest campus boundary of that establishment.

• • Having a tobacco product distribution system in the area of ​​02 provinces or more (in each province, city must have at least 01 trader who wholesales tobacco products).
  • There is a written introduction of the tobacco supplier, clearly stating the proposed business area;
  • There is a commitment of the enterprise to ensure full compliance with requirements on fire prevention and fighting and environmental protection as prescribed by law;

The dossier

1. An application form for a license to distribute tobacco products, made according to the form Appendix 19 attached to Circular 57/2018/TT-BCT.
2. A copy of the Certificate of Business Registration or Certificate of Business Registration and Certificate of Tax Identification Number;
3. Copies of introductory documents, purchase and sale contracts of the supplier of tobacco products, clearly stating the proposed business area;
4. List of traders, copy of Certificate of Business Registration or Certificate of Business Registration and Certificate of Tax Identification Number, License to trade in tobacco products (if already doing business) of traders who have or will be part of a tobacco product distribution system.

The procedures

1. Traders who distribute tobacco products shall send 01 set of dossiers to competent authorities.
2. Within 15 working days from the date of receipt of a complete and valid dossier, the competent agency shall consider and grant a license to distribute tobacco products. In case the trader fails to meet the prescribed conditions, the competent authority will issue a written reply to refuse the license and clearly state the reason.
3. In case there are not enough valid dossiers, within 07 working days from the date of receiving the trader’s dossier, the competent agency shall request the trader in writing to supplement the dossier.

The competent authority

Ministry of Industry and Trade

If you need more detailed advice and answers as well as how to access this service, please contact directly our Lawyer Nhat Nam via hotline: 0912.35.65.75, 0912.35.53.53 or call the toll free legal consultation hotline 1900.6575 or send a service request via email: lienheluathongbang@gmail.com

Wishing you and your family good health, peace, and success!

Best regards!