Circular 07/2026/TT-BCT amending Circular 37/2013/TT-BCT on import of cigarettes and cigars

CIRCULAR

Amending and supplementing a number of articles of the Minister of Industry and Trade’s Circular No. 37/2013/TT-BCT dated December 30, 2013, providing the import of cigarettes and cigars

Pursuant to the Government’s Decree No. 40/2025/ND-CP 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 detailing some articles and implementation measures of the Law on Prevention of Tobacco Harm on tobacco business;

Pursuant to the Government’s Decree No. 69/2018/ND-CP detailing a number of articles of the Law on Foreign Trade Management;

Pursuant to the Government’s Decree No. 94/2017/ND-CP on goods, services and geographical areas subject to state monopoly in commercial activities;

At the proposal of the Director General of the Agency of Foreign Trade;

The Minister of Industry and Trade hereby promulgates the Circular amending and supplementing a number of articles of the Minister of Industry and Trade’s Circular No. 37/2013/TT-BCT dated December 30, 2013, providing the import of cigarettes and cigars.

Article 1. To amend and supplement Article 6

“1. The Ministry of Industry and Trade shall designate traders possessing licenses to manufacture tobacco products, of which 100% of charter capital is held by the State, to import cigarettes and cigars according to the mechanism of state trading.

2. Traders possessing licenses to manufacture tobacco products shall directly carry out the import of cigarettes and cigars, shall not authorize or entrust another trader to perform such import”.

Article 2. To amend Clause 3, Article 7 and annul Clause 4, Article 7

1. “3. Traders importing cigarettes must carry out declaration of conformity in accordance with national technical regulations; traders importing cigars must declare applicable standards in conformity with current regulations.”

2. To annul Clause 4, Article 7.

Article 3. To amend and supplement Clause 1, Article 8

1. When carrying out import procedures, in addition to the import dossier required by the customs office, the trader shall produce to the customs office 1 (one) origin of the written registration for automatic import of cigarettes and cigars, certified by the licensing agency, or submit written registration for automatic import of cigarettes and cigars, certified by the licensing agency, to the customs office through the electronic customs data processing system; traders shall be responsible for the legality and completeness of the documents submitted to the customs office.

Article 4. To amend and supplement Clauses 1, 2 and 3, Article 9

1. “1. Before carrying out import procedures, the trader shall submit 1 (one) dossier directly to the People’s Committee of the province/city where the trader’s head office is located, or submit the dossier via the public postal service or online to the licensing agency, including:

a) A written registration for automatic import of cigarettes and cigars: 2 (two) copies made according to the form provided in Appendix II to this Circular;

b) The import contract: 1 (one) copy (affixed with the trader’s true-copy stamp);

c) The commercial invoice: 1 (one) copy (affixed with the trader’s true-copy stamp);

d) The bill of lading or transport documents of the goods lot: 1 (one) copy (affixed with the trader’s true-copy stamp) (if any);

dd) The license to manufacture tobacco products: 1 (one) copy (affixed with the trader’s true-copy stamp)”.

2. To replace the phrase “the Ministry of Industry and Trade’s Import-Export Administration Department” in Clause 2, Article 9 of Circular No. 37/2013/TT-BCT with the phrase “the licensing agency”.

3. To replace the phrase “the Ministry of Industry and Trade’s Import-Export Administration Department” in Clause 3, Article 9 of Circular No. 37/2013/TT-BCT with the phrase “the licensing agency”.

Article 5. To amend Clauses 1 and 2, Article 10

1. To replace the phrase “the Ministry of Industry and Trade’s Import-Export Administration Department” in Clause 1, Article 10 of Circular No. 37/2013/TT-BCT with the phrase “the licensing agency”.

2. To replace the phrase “the Ministry of Industry and Trade’s Import-Export Administration Department” in Clause 2, Article 10 of Circular No. 37/2013/TT-BCT with the phrase “the licensing agency”.

Article 6. To annul Article 11

To annul Article 11.

Article 7. To replace Appendix I and Appendix II

To replace Appendix I and Appendix II to Circular No. 37/2013/TT-BCT with Appendix I and Appendix II to this Circular.

Article 8. Responsibility for implementation organization

The licensing agency shall organize inspections or coordinate with relevant agencies to organize inspections of the import of cigarettes and cigars in accordance with Circular No. 37/2013/TT-BCT and this Circular.

In case where competent agencies conclude that a trader fails to comply with regulations relating to the import of cigarettes and cigars in accordance with applicable regulations and the level of violation is subject to administrative sanction, the licensing agency shall consider not certifying the trader’s written registration for automatic import of cigarettes and cigars until the trader has fully remedied the violation.

In case where competent agencies conclude that a trader fails to comply with regulations relating to the import of cigarettes and cigars in accordance with applicable regulations and the level of violation is subject to consideration for criminal liability, the trader shall not act as the focal importer of cigarettes and cigars under the state trading mechanism specified in Clause 1, Article 1 of this Circular until the trader is exempted from penalty or has his/her criminal record expunged by a competent state agency in accordance with law.

Article 9. Effect

1. This Circular takes effect from April 10, 2026.

2. Any difficulties arising in the courses of implementation should be reported to the Ministry of Industry and Trade for supplementation and amendment accordingly.

3. The Director General of the Agency of Foreign Trade, Heads of units under the Ministry of Industry and Trade and relevant agencies, organizations and individuals shall implement this Circular./.

Appendix I

LIST OF IMPORTED CIGARETTES AND CIGARS

(Attached to the Minister of Industry and Trade’s Circular No. 07/2026/TT-BCT dated February 24, 2026)