Thông tư 28/2019/TT-BCT sửa đổi Thông tư 57/2018/TT-BCT về hướng dẫn Nghị định liên quan đến kinh doanh thuốc lá do Bộ trưởng Bộ Công thương ban hành

CIRCULAR

AMENDING A NUMBER OF ARTICLES OF THE CIRCULAR NO. 57/2018/TT-BCT DATED DECEMBER 26, 2018 BY THE MINISTER OF INDUSTRY AND TRADE ELABORATING A NUMBER OF ARTICLES OF DECREES RELATED TO TOBACCO BUSINESS

Pursuant to the Government’s Decree No. 98/2017/ND-CP dated August 18, 2017 on 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 elaborating some Articles and measures for implementation of the Law on Tobacco Harm Prevention applicable to tobacco business and the Decree No. 106/2017/ND-CP dated September 14, 2017 amending a number of Articles of the Government’s Decree No. 67/2013/ND-CP dated June 27, 2013;

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

At the request of the Director General of the Industry Agency,

The Minister of Industry and Trade promulgates a Circular amending a number of Articles of the Circular No. 57/2018/TT-BCT dated December 26, 2018 by the Minister of Industry and Trade elaborating a number of Articles of Decrees related to tobacco business as follows:

Article 1. Amendments to a number of Articles of the Circular No. 57/2018/TT-BCT dated December 26, 2018 by the Minister of Industry and Trade elaborating a number of Articles of Decrees related to tobacco business as follows:

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 “Article 13a. Report submission and receipt

Methods for submitting reports to report receiving authorities:

a) Direct submission;

b) By post;

c) Via other methods as prescribed by law.”

2. Clause 2 and Clause 4 Article 22 are amended as follows:

“2. Regulations on application specimens and lists included in the application for license to manufacture tobacco and specimen of the license to manufacture tobacco enclosed with this Circular take effect from January 01, 2021.

4. Regulations on application specimens and lists included in the application for license to manufacture tobacco and specimen of the license to manufacture tobacco enclosed with the Circular No. 21/2013/TT-BCT remain effective until December 31, 2020 inclusive.”

3. Appendix 1 enclosed with this Circular supersedes Appendix 74 enclosed with the Circular No. 57/2018/TT-BCT dated December 26, 2018 by the Minister of Industry and Trade elaborating a number of Articles of Decrees related to tobacco business.

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This Circular takes effect from January 01, 2020./.

THE MINISTER




Tran Tuan Anh

APPENDIX 1

(Enclosed with the Circular No. 28/2019/TT-BCT dated November 15, 2019 by the Ministry of Industry and Trade)

NAME OF INSPECTING BODY

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INPSECTION RECORD

To implement the Decision No. …/QD-… dated [date] by ... ⁽¹⁾ … on establishment of tobacco business and business condition inspection team, today, [time and date], the inspection team conducted an inspection at [name of enterprise] with the following results:

I. General information

1. Name of inspected enterprise: ……………………………………………………………………

Address: …………………………………………………………………………………………………

Telephone number: …………………………. Fax/Email: ………………….

2. Enterprise registration certificate No.: … issued by … on [date]

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4. The inspection team was established according to the Decision No.: ……………………………………………

5. Composition of the inspection team includes ………………………………

6. Representative of inspected enterprise………………….. position ……………………………

II. Inspection contents and results

Compliance with regulations of the Government’s Decree No. 67/2013/ND-CP dated June 27, 2013 elaborating some Articles and measures for implementation of the Law on Tobacco Harm Prevention applicable to tobacco business, the Decree No. 106/2017/ND-CP dated September 14, 2017 amending a number of Articles of the Government’s Decree No. 67/2013/ND-CP , the Government’s Decree No. 08/2018/ND-CP dated January 15, 2018 amending a number of Decrees related to business conditions under state management of the Ministry of Industry and Trade and the Circular No. 57/2018/TT-BCT dated December 26, 2018 by the Ministry of Industry and Trade elaborating a number of Articles of Decrees related to tobacco business was inspected.

No.

Inspection contents

Result

Remark

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Failed

A. Conditions for tobacco trading

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Enterprise registration certificate

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2

Business locations

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Tobacco distribution network of trader

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Letters of introduction from tobacco supplier, distributors or wholesalers which specify the intended business locations

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Commitment on fulfillment of all fire prevention and fighting requirements of trader

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Commitment on fulfillment of all environmental protection requirements of trader

B. Archived documents of tobacco trader

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1

Applications

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Copy of enterprise registration certificate or enterprise registration certificate

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Copies of letters of introduction or sale contracts with tobacco suppliers, distributors or wholesalers

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Business location documents

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5

Business performance reports of enterprise (in case of application for license reissuance)

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List of traders, copies of enterprise registration certificate or enterprise registration certificate and tax identification number certificate, licenses for tobacco sale of current traders and licenses for tobacco sale (if available) of future traders of tobacco distribution network

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7

Enterprise’s commitment on fulfillment of requirements for fire prevention and fighting and environmental protection for warehouses

III. Conclusions, recommendations and handling

1. Conclusions

1.1. Enterprise has fully complied with the following regulations: ………………………………

1.2. Areas for improvement: ………………………………………………………………………

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2.1. Recommendations from inspection team to enterprise ………………………………………

2.2. Recommendations from enterprise to inspection team ………………………………………

3. Handling …………………………………………………………………………………………..

The inspection ended at [time and date]

The record is made into 02 copies with identical contents. The record was read to the abovementioned persons, who confirmed the record’s contents and added their signatures. 01 copy was given to the inspection team and 01 copy was given to the inspected enterprise.

Legal representative of enterprise
(signature and stamp)

Head of inspection team
(signature)

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⁽¹⁾: Name of inspecting body.

⁽²⁾: Name of license for tobacco sale (e.g. tobacco distribution license, etc.).