THE MINISTRY OF INDUSTRY AND TRADE
No. 37/2013/TT-BCT
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
Hanoi, December 30, 2013
 
 CIRCULAR
Providing the import of cigarettes and cigar
Pursuant to the Government’s Decree No. 95/2012/ND-CP of 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 of June 27, 2013, detailing a number of articles of, and providing measures for implementing, the Law on Tobacco Harm Prevention and Control regarding tobacco trading;
Pursuant to the Government’s Decree No. 187/2013/ND-CP of November 20, 2013, detailing the implementation of the Commercial Law regarding international goods sale and purchase and goods sale and purchase agency, processing and transit with foreign parties;
At the proposal of the Director of the Import-Export Administration Department;
The Minister of Industry and Trade promulgates the Circular providing the import of cigarettes and cigars.
Article 1. Scope of regulation
1. This Circular provides the import of cigarettes and cigars.
2. This Circular does not regulate:
a/ The import of cigarettes and cigars for sale at duty-free shops;
b/ The import of sample cigarettes and cigars for research or trial production and temporary import for re-export of sample cigarettes and cigars for display at fairs or exhibitions; cigarettes and cigars of persons on entry within the Government-prescribed quotas;
c/ Temporary import for re-export; temporary export for re-import; border-gate transfer and transit via the Vietnamese territory of cigarettes and cigars.
Article 2. Subjects of application
This Circular applies to traders importing cigarettes or cigars and organizations and individuals involved in the import of cigarettes and cigars.
Article 3. Interpretation of terms
“Cigarettes and cigars” means tobacco products which are produced wholly or partially from tobacco materials and used for smoking.
Article 4. List of imported cigarettes and cigars
The list of imported cigarettes and cigars is provided in Appendix I to this Circular (not translated).
Article 5. Principles of management
1. Tobacco products, including cigarettes and cigars, are commodity items the consumption of which is discouraged in accordance with the World Health Organization’s Framework Convention on Tobacco Control (FCTC) to which the Social Republic of Vietnam is a contracting party. The State shall uniformly manage the import of cigarettes and cigars in accordance with Vietnam’s commitments to the World Trade Organization (WTO).
2. In accordance with Vietnam’s WTO commitments on the mechanism of state trading, only the trader designated by the Ministry of Industry and Trade under Article 6 of this Circular is permitted to import cigarettes and cigars.