THE GOVERNMENT
Decree No. 67/2013/ND-CP dated June 27, 2013 of the Government detailing some articles and implementation measures of the Law on Prevention of Tobacco Harm on tobacco business
Pursuant to the Law on Government Organization dated December 25, 2001;
Pursuant to the Law on the Prevention of Tobacco Harm dated June 18, 2012;
At the request of the Minister of Industry and Trade,
The Government issues the Decree detailing some articles and implementation measures of the Law on Prevention of Tobacco Harm on tobacco business,
Chapter 1.
GENERAL PROVISIONS
Article 1. Scope of regulation
This Decree detailing some articles and implementation measures of the Law on Prevention of Tobacco Harm on tobacco business, in particular:
1. The conditions for producing, trading in tobacco, processing tobacco ingredients, investing in areas where tobacco ingredients are planted and sold, selling tobacco; exporting, importing machinery, equipment, ancillary materials and tobacco; prevention of smuggling and trade fraud.
2. Investment in manufacture of tobacco, processing tobacco ingredients, transfer of industrial property rights, and transfer of the right to use subjects of industrial property related to tobacco manufacture
3. Manufacture and processing of tobacco for export; processing of tobacco ingredients for export.
4. Control of domestic sale of tobacco, announcement of permissible quantity of imported and exported of tobacco.
Article 2. Subjects of application
1. This Decree is applicable to the organizations and individuals engaged in tobacco business and other activities related to tobacco business within Vietnam’s territory.
2. Foreign traders, foreign enterprises in Vietnam regulated by this Decree and relevant legislative documents.
3. This Decree is not applicable to the import and sale of tobacco at duty-free shops. The sale of tobacco in non-tariff zones shall comply with regulations of the Government.
Article 3. Interpretation of terms
In this Decree, the terms below are construed as follows:
1. Tobacco leaves are leaves of the tobacco plant (scientific name Nicotine tobacco L and Nicotine rustic) that are raw materials for processing tobacco ingredients.
2. Tobacco is the product manufactured wholly or partially from tobacco ingredients, and in the form of cigarettes, cigars, shredded tobacco that are used for smoking pipes, smoking, chewing, or sniffing.
3. Tobacco shreds are products processed from tobacco leaves that are shredded.
4. Shredded tobacco is tobacco that are manufactured wholly or partially from tobacco ingredients, and made in the form of tobacco shreds that are used for smoking pipes, rolling, smoking, and chewing.
5. Ancillary materials are all supplies other than tobacco ingredients that are used for manufacturing tobacco products.
6. State import of tobacco is the mechanism for importing tobacco by which the State appoints major importers of tobacco.