Nghị định 106/2017/NĐ-CP sửa hướng dẫn Luật Phòng chống tác hại thuốc lá

THE GOVERNMENT

Decree No. 106/2017/ND-CP dated September 14, 2017 of the Government amending, supplementing a number of articles of the 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 June 19, 2015;

Pursuant to the Law on the Prevention of Tobacco Harm dated June 18, 2012;

At the proposal of the Minister of Industry and Trade,

The Government issues the Decree amending, supplementing a number of articles of the 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

Article 1. To amend, supplement a number of articles under the 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

1. To amend Clause 3 Article 3 as follows:

“3. Tobacco shreds are materials processed from tobacco leaves that are shredded and used manufacturing tobacco products.

2. To amend Clause 10 Article 3 as follows:

“10. Tobacco distributors are traders that purchase tobacco directly from tobacco suppliers or traders distribute tobacco to sell them to tobacco wholesalers and traders sell tobacco retailers.”

3. To amend Clause 12 Article 3 as follows:

“12. Tobacco retailers are traders that purchase products from traders that distribute tobacco products or from tobacco wholesalers and sell them directly to consumers.”

4. To supplement Clause 15, Article 3 as follows:

“15. Traders purchasing and selling tobacco includes: tobacco distributors, wholesalers and retailers.”

5. To amend Clause 2 Article 4 as follows:

“2. Tobacco business is the business that needs to meet conditions. Organizations and individuals that manufacture, trade in tobacco, process tobacco ingredients, and make investments in tobacco cultivation must obtain licenses as stipulated.”

6. To supplement Clause 7 Article 8 as follows:

“7. The list of people growing tobacco plants, location, area certified by the local People’s Committee.”

7. To amend Clause 3 Article 10 as follows:

“3. The declaration of the area, floor plan of the warehouse, workshop, office, other ancillary sites.”

8. To amend Point a, Point c, Point d Clause 1 Article 26 as follows:

“ a) The enterprise is established within the law;”

“c) The system of tobacco distribution covers at least 02 provinces is established (at least 01 tobacco wholesalers in each province);”

“d) Letters of introduction signed with tobacco suppliers are presented of which clearly mentions the intended business location;”

9. To amend Point a, Point d Clause 2 Article 26 as follows:

“a) The enterprise is established within the law;”

“d) Letters of introduction signed with tobacco distributors or tobacco wholesalers are presented of which clearly mentions the intended business location;”

11. To amend Point c, Point d Clause 1 Article 27 as follows:

“c) Copies of letters of introduction signed with tobacco suppliers or tobacco distributors, which specify the intended business location;”

“dd) Income statement of the enterprise (when applying for the re-issuance of the license, amendment and supplementation of the license);”

13. To amend Point c Clause 3 Article 27 as follows:

“c) Copies of the letter of introduction signed with tobacco distributors or tobacco wholesalers are presented of which clearly mentions the intended business location;”

14. To amend Point b Clause 2 Article 28 as follows:

“b) Within 15 working days from the day on which the valid application is received, the licensing authority shall consider, examine, appraise and issue the License to distribute and trade in tobacco. If refusal, the licensing authority shall make a written refusal and provide explanation;”

15. To amend Clause 4 Article 29 as follows:

“4. Tobacco distributors may buy tobacco from tobacco suppliers or other tobacco distributors and sell them to tobacco wholesalers or retail tobacco at their retail outlets in licensed localities.”

16. To amend Clause 7 Article 29 as follows:

“7. Tobacco retailers may buy tobacco from tobacco distributors or tobacco wholesalers and sell them at licensed locations;”

17. To supplement Clause 4 Article 31 as follows:

“4. The enterprises having the License to manufacture tobacco wishing to import tobacco into Vietnam to serve research and experimental production shall submit one set of dossier directly to the Ministry of Industry and Trade or by post or by internet. The dossier includes: 

- Application of importing;

- Documents proving originals of imported sample products;

Within 7 working days since the receipt of valid papers, the Ministry of Trade and Industry shall consider and reply; if refusal, it shall make a written refusal and provide explanation;”

18. To amend Clause 1 Article 32 as follows:

“1. Counterfeit tobacco and substandard tobacco shall be confiscated and destructed, special cases shall be decided by the Prime Minister.”

19. To supplement Clause 13 Article 45 as follows:

“13. The Ministry of Trade and Industry shall take the prime responsibility and coordinate with the ministries, related organizations to build regulations on management of electronic tobacco products and present to the Prime Minister.”

20. To amend Clause 3 Article 49 as follows:

“3. Inspect and supervise the growth of tobacco plants, manufacture and sale of tobacco ingredients and tobacco locally.”

Article 2. To annul some articles under the 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

1. To annul Point a Clause 3 Article 9;

2. To annul Point e Clause 1 Article 26;

3. To annul Point e Clause 2 Article 26;

4. To annul Point c Clause 3 Article 26;

5. To annul Point g Clause 2 Article 27;

6. To annul Clause 3 Article 46;

Article 3. Transitional provisions

 The license to trade tobacco products issued according to the Decree No. 67/2013/ND-CP dated June 27, 2013 of the Government shall continue to take effect until the expiration of the license.

Article 4. Effect and implementation organization

1. This Decree takes effect on November 01, 2017;

2. The Minister of Trade and Industry shall guide the implementation of this Decree.

3. Ministers, Heads of ministerial agencies, Heads of Governmental agencies, the Presidents of People’s Committees of central-affiliated cities and provinces are responsible for the implementation of this Decree./.

For Government

Prime Minister

Nguyen Xuan Phuc