Tobacco business license: Instructions for documents and processes

A tobacco business license is a necessary condition for businesses to participate in the field of manufacturing, distributing and trading tobacco products in Vietnam. Applying for a license will help businesses confirm their legality and create a solid foundation for business operations. The following article by Long Phan will provide detailed instructions on types of licenses, conditions, preparation documents and implementation procedures, helping you easily and effectively obtain a license.

Types of tobacco business licenses

A tobacco business license is a document issued by a competent state agency, certifying that an organization or individual doing tobacco business fully meets the conditions prescribed by law. And there are 4 basic types of tobacco business licenses:

• License eligible to buy and sell tobacco ingredients.
• License qualified to process tobacco ingredients.
• License qualified to produce tobacco products.
• License qualified to distribute tobacco products.

Note: Each type of license has its own specific conditions, documents and legal procedures. Therefore, business entities need to determine the correct type of activity to fully prepare the necessary legal requirements.

Conditions for issuance of tobacco business licenses

The tobacco business, including distribution, wholesale and retail, requires businesses to meet strict conditions as prescribed by law. Below are the specific conditions applicable to each type of license:

1. License to distribute tobacco

• Is a legal enterprise registered for establishment according to the provisions of the Law on Enterprise.
• The business location meets the regulations of the Law on Tobacco Harm Prevention 2012.
• Have a tobacco distribution system covering 02 provinces or more. In particular, each province and city has at least 01 tobacco wholesale traders.
• There is a document from the tobacco supplier introducing the purchase and sale, clearly stating the expected business area.
• Commit to complying with fire prevention and environmental protection requirements according to regulations.

2. Tobacco wholesale license

• Is a legal enterprise registered for establishment according to the provisions of the Law on Enterprise.
• The business location meets the regulations of the Law on Tobacco Harm Prevention 2012.
• There is a tobacco wholesale system in the province where the business is headquartered. Among them, there are at least 02 or more tobacco retailers.
• Commit to complying with fire prevention and environmental protection requirements according to regulations.

3. Tobacco retail license

• Is a legal enterprise registered for establishment according to the provisions of the Law on Enterprise.
• The business location meets the regulations of the Law on Tobacco Harm Prevention 2012.
• There are written introductions from tobacco wholesalers or distributors. In particular, clearly state the expected business area.

Legal basis:

• Law on Prevention and Control of Harmful Effects of Tobacco on Tobacco Business.
• Decree 67/2013/ND-CP: Guidance on the Law on Prevention and Control of Harmful Effects of Tobacco.
• Decree 106/2017/ND-CP: Amending and supplementing Decree 67/2013/ND-CP.
• Decree 08/2018/ND-CP: Adjusting a number of business investment conditions under the management of the Ministry of Industry and Trade.
• Decision No. 688A/QD-BCT.

Application for tobacco business license

Pursuant to Decision No. 688A/QD-BCT, stipulating the types of tobacco business documents that need to be drafted corresponding to the types of licenses. Specifically, the dossier will include:

1. Application dossier for a tobacco product distribution license:

• Application for a License to distribute tobacco products; Appendix 19 according to the form of Circular No. 57/2018/TT-BCT;
• Copy of Enterprise Registration Certificate or Business Registration Certificate and Tax Code Certificate;
• Copies of introductory documents of tobacco product suppliers or tobacco product distributors, clearly stating the expected business area;
• List of traders, copy of Business Registration Certificate or Business Registration Certificate and Tax Code Certificate, License to trade tobacco products (if already doing business) of traders is or will be part of a tobacco product distribution system.

2. Application for a tobacco wholesale license:

• Application for a License to wholesale tobacco products; Appendix 21 according to Circular No. 57/2018/TT-BCT;
• Copy of Enterprise Registration Certificate or Business Registration Certificate and Tax Code Certificate;
• Copies of introductory documents of tobacco product suppliers or tobacco product distributors clearly stating the expected business area.
• List of traders, copy of Business Registration Certificate or Business Registration Certificate and Tax Code Certificate, License to trade tobacco products (if already doing business) of traders has been or will be part of the tobacco product distribution system in the area.

3. Documents need to be prepared to apply for a tobacco retail license

• Application for a License to retail tobacco products; Appendix 23 Circular No. 57/2018/TT-BCT;
• Copy of Enterprise Registration Certificate or Business Registration Certificate and Tax Code Certificate;
• Copies of introductory documents of distributors or wholesalers of tobacco products clearly stating the expected business area.

Application submission and processing process

Step 1: Submit application

Traders need to prepare 02 sets of documents:

• 01 set of documents submitted to the licensing authority.
• 01 set of records stored at the enterprise for comparison when necessary.

Note: Traders need to clearly determine the type of business and submit documents to the correct competent authority. Specifically, the agency competent to receive and issue tobacco business licenses is prescribed as follows:

• Tobacco distribution license: Ministry of Industry and Trade.
• Tobacco wholesale license: Department of Industry and Trade in the province or city where the business is headquartered.
• Tobacco retail license: Department of Industry and Trade or Department of Economics under the People’s Committee of the district, town, or city under the province.

Step 2: Receive and evaluate documents

• Competent state agencies check documents and assess actual conditions at the facility.
• Within 7 working days, if the application does not meet the requirements, the receiving agency will notify the additional request.

Step 3: Return results and issue tobacco business license

• Within 15 working days from receipt of valid documents, the authorities will conduct an actual appraisal of the business establishment.
• If the conditions are met, the license will be issued; If not, the agency will refuse and clearly state the reason.
• Traders keep business licenses according to regulations after being issued.

Legal basis: Decision No. 688A/QD-BCT.

Service for applying for a tobacco business license in Long Phan

Applying for a tobacco business license requires businesses to meet many conditions and complete documents accurately. Long Phan provides professional services to support businesses in the process of applying for a tobacco business license in the fastest and most effective way. Our services include:

• Comprehensive consultation and answers to regulations related to tobacco business.
• Consulting on conditions, procedures and application process for each type of tobacco business license (distribution, wholesale, retail).
• Support in drafting and preparing all documents and documents that are standard, valid and appropriate to the type of license to be applied for.
• Representing customers to submit applications and monitor and update results quickly.
• Support in resolving arising problems, ensuring the permit application process goes smoothly.

Applying for a Tobacco Business License is an important step for businesses to operate legally in this field. Customers who need support in applying for a Tobacco Business License, please contact Long Phan via the hotline: 0906735386. Our dedicated and highly specialized team is ready to advise and support all your problems and provide the most optimal solutions to ensure you will achieve your business goals easily, and most professionally.