Circular 43/2023/TT-BCT amend Circular 57/2018/TT-BCT detailing Decrees related to tobacco trading

CIRCULAR

Amending and supplementing a number of articles of the Minister of Industry and Trade’s Circular No. 57/2018/TT-BCT dated December 26, 2018, detailing a number of articles of Decrees related to tobacco trading

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Pursuant to the Law on Prevention and Control of Tobacco Harms;

Pursuant to the Government’s Decree No. 96/2022/ND-CP dated November 29, 2022, 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 implementation measures of the Law on Prevention of Tobacco Harms on tobacco trading;

Pursuant to the Government’s Decree No. 106/2017/ND-CP dated September 14, 2017, amending and supplementing a number of articles of the Government’s Decree No. 67/2013/ND-CP dated June 27, 2013, detailing a number of articles and implementation measures of the Law on Prevention of Tobacco Harms on tobacco trading;

Pursuant to the Government’s Decree No. 08/2018/ND-CP dated January 15, 2018, amending a number of Decrees concerning business investment conditions under the state management of the Ministry of Industry and Trade;

Pursuant to the Government’s Decree No. 17/2020/ND-CP dated February 05, 2020, amending and supplementing a number of articles of Decrees concerning business investment conditions under the state management of the Ministry of Industry and Trade;

Implement the Prime Minister's Decision No. 1015/QD-TTg dated August 30, 2022, approving the decentralized planning in handling administrative procedures under the management of ministries and ministerial-level agencies;

At the proposal of the Director of the Industry Agency, the Director of the Agency of Foreign Trade,

The Minister of Industry and Trade promulgates the Circular amending and supplementing a number of articles of the Minister of Industry and Trade’s No. 57/2018/TT-BCT dated December 26, 2018, detailing a number of articles of Decrees related to tobacco trading.

Article 1. Amending Clause 1, Clause 9 Article 13 of the Minister of Industry and Trade’s Circular No. 57/2018/TT-BCT dated December 26, 2018, detailing a number of articles of Decrees related to tobacco trading

1. To amend Clause 1 Article 13 as follows:

“1. Every 06 (six) months, an enterprise manufacturing tobacco products or importing tobacco shall submit a report to the Ministry of Industry and Trade on the production of tobacco products and the import of tobacco products (before January 10 every year for the annual report and before July 10 every year for the first 6-months report) according to the form in Appendix 7 to this Circular.”

2. To amend Clause 9 Article 13 as follows:

“9. Every 06 (six) months, a tobacco product supplier shall submit a statistical report on its output and types of traded tobacco products (according to the distribution, wholesale and retail systems) to the Domestic Markets Department - the Ministry of Industry and Trade and the provincial/municipal Department of Industry and Trade where the enterprise is headquartered (before January 10 every year for the annual report and before July 10 every year for the first 6-months report) according the forms in Appendices 8 and 9 to this Circular.”

Article 2. Amending and supplementing Clause 1 Article 21 of the Minister of Industry and Trade’s Circular No. 57/2018/TT-BCT dated December 26, 2018, detailing a number of articles of Decrees related to tobacco trading, as follows:

1. To amend Point a, Point b Clause 1 as follows:

“a) Receiving dossiers, inspecting, supervising, appraising and submitting to the Ministry's leaders for approval on investment in the manufacture of tobacco products, License to process tobacco materials, License to manufacture tobacco products.

b) Receiving dossiers, inspecting, supervising, appraising and submitting to the Ministry's leaders for comments before responding to enterprises regarding administrative procedures: import of tobaccos for non-commercial purposes; investment in innovation of equipment and technologies, investment in manufacture of exported tobaccos, the process of exported tobaccos, relocation according to planning; investment in processing of tobacco materials; import of tobacco materials to process exported tobacco materials; import of tobacco materials and cigarette rolling papers to manufacture exported tobacco products or process exported tobacco products; import of specialized machinery and equipment in the tobacco industry; notification of import quotas for tobacco materials and cigarette rolling papers.”

2. To supplement Point d Clause 1 as follows:

“d) Receiving dossiers, inspecting, supervising, appraising and submitting to the Ministry's leaders for approval on other activities related to tobacco trading according to regulations.”

Article 3. Forms of application for import of tobaccos for non-commercial purposes; investment in innovation of equipment and technologies, investment in manufacture of exported tobaccos, processing of exported tobaccos, relocation according to planning; investment in processing of tobacco materials; import of specialized machinery and equipment in the tobacco industry; import of tobacco materials to process exported tobacco materials; import of tobacco materials and cigarette rolling papers to manufacture exported tobacco products or process exported tobacco products; import of tobacco materials and cigarette rolling papers to manufacture tobacco products for domestic consumption

1. Enterprises importing tobacco for non-commercial purposes shall submit applications using the form in Appendix 1 to this Circular to the Industry Agency, Ministry of Industry and Trade.

2. Enterprises investing in innovation of equipment and technologies, investing in manufacture of exported tobaccos, processing of exported tobaccos, relocation according to planning; investing in processing of tobacco materials shall submit applications using the form in Appendix 2 to this Circular to the Industry Agency, Ministry of Industry and Trade.

3. Enterprises importing specialized machinery and equipment in the tobacco industry shall submit applications using the form in Appendix 3 to this Circular to the Industry Agency, Ministry of Industry and Trade.

4. Enterprises importing tobacco materials to process exported tobacco materials shall submit applications using the form in Appendix 4 to this Circular to the Industry Agency, Ministry of Industry and Trade.

5. Enterprises importing tobacco materials and cigarette rolling papers to manufacture exported tobacco products or process exported tobacco products shall submit applications using the form in Appendix 5 to this Circular to the Industry Agency, Ministry of Industry and Trade.

6. Enterprises importing tobacco materials and cigarette rolling papers to manufacture tobacco products for domestic consumption shall submit applications using the form in Appendix 6 to this Circular to the Industry Agency, Ministry of Industry and Trade.

Article 4. Forms of response for import of tobaccos for non-commercial purposes; investment in innovation of equipment and technologies, investment in manufacture of exported tobaccos, processing of exported tobaccos, relocation according to planning; investment in processing of tobacco materials; import of specialized machinery and equipment in the tobacco industry; import of tobacco materials to process exported tobacco materials; import of tobacco materials and cigarette rolling papers to manufacture exported tobacco products or process exported tobacco products; import of tobacco materials and cigarette rolling papers to manufacture tobacco products for domestic consumption

Forms of response for import of tobaccos for non-commercial purposes; investment in innovation of equipment and technologies, investment in manufacture of exported tobaccos, processing of exported tobaccos, relocation according to planning; investment in processing of tobacco materials; import of specialized machinery and equipment in the tobacco industry; import of tobacco materials to process exported tobacco materials; import of tobacco materials and cigarette rolling papers to manufacture exported tobacco products or process exported tobacco products; import of tobacco materials and cigarette rolling papers to manufacture tobacco products for domestic consumption according to Appendices 10, 11, 12, 13, 14, 15 to this Circular.

Article 5. Detailed List of HS code-based tobacco materials and cigarette rolling papers

Appendix 16 - Detailed List of HS code-based tobacco materials and cigarette rolling paper is issued with this Circular

Article 6. Repealing a number of Appendices attached to the Minister of Industry and Trade’s Circular No. 57/2018/TT-BCT dated December 26, 2018, detailing a number of articles of Decrees related to tobacco trading and the Minister of Industry and Trade’s Circular No. 08/2023/TT-BCT dated March 31, 2023, amending and supplementing a number of articles regulating the detailed Lists of HS code-based imported and exported goods promulgated together with a number of Circulars of the Minister of Industry and Trade, as follows:

1. To repeal Appendix IV - Detailed List of HS code-based tobacco materials and cigarette rolling papers to the Minister of Industry and Trade’s Circular No. 08/2023/TT-BCT dated March 31, 2023, amending and supplementing a number of articles regulating the detailed Lists of HS code-based imported and exported goods promulgated together with a number of Circulars of the Minister of Industry and Trade.

2. To repeal Appendices 1, 2, 3, 59, 67, 68 to the Minister of Industry and Trade’s Circular No. 57/2018/TT-BCT dated December 26, 2018, detailing a number of articles of Decrees related to tobacco trading.

Article 7. Transitional provisions

1. For the dossier of administrative procedure specified in Article 2 of this Circular that is received before the effective date of this Circular shall continue to comply with the laws at the time of receiving dossiers.

2. Documents for administrative procedures specified in Article 2 of this Circular approved before the effective date of this Circular shall remain valid until the end of the document's validity period.

Article 8. Effect

1. This Circular takes effect from February 12, 2024.

2. Any problems arising in the course of implementation of this Circular should be promptly reported to the Ministry of Industry and Trade for settlement and consideration for adjustment to the Circular according to authority./.