Wholesale Tobacco Sales License Issuance Procedure Guide

The procedure for Wholesale tobacco sales license issuance must comply with strict Vietnamese law. Enterprises aiming to engage in wholesale tobacco product business must fully satisfy all conditions and submit the dossier to the Department of Industry and Trade (DOIT). Long Phan Consulting Company provides necessary information on this procedure and detailed steps for clients.

Conditions for Wholesale Tobacco Sales License Issuance

Pursuant to Clause 2, Article 26 of Decree 67/2013/ND-CP, amended by Decree 106/2017/ND-CP and Decree 08/2018/ND-CP, the conditions required for Wholesale tobacco sales license issuance include:

• The business is an enterprise established under Law.

• The business location does not violate regulations on places where tobacco sales are prohibited (Clause 2, Article 25, Law on Prevention and Control of Tobacco Harms 2012). Specifically, sales are prohibited:

  • In completely smoke-free areas (Article 11, Law on Prevention and Control of Tobacco Harms 2012).

  • In indoor areas where smoking is prohibited but designated areas are allowed (Article 12, Law on Prevention and Control of Tobacco Harms 2012, excluding airport isolation areas).

  • Outside the gates of nurseries, kindergartens, primary schools, secondary schools, high schools, medical research institutes, hospitals, maternity homes, preventive medical centers, communal health stations within a 100-meter (m) radius from the nearest boundary of that facility.

• The enterprise operates a tobacco product wholesale system within the province where the head office is located (minimum of 02 or more tobacco product retail traders).

• The enterprise possesses a written introduction from the Tobacco Product Supplier or Tobacco Product Distributors, clearly stating the intended business area.

>>> See more at: Tobacco Wholesale Licensing Service

Competent Authority for License Issuance

Pursuant to Point b, Clause 1, Article 28 of Decree 67/2013/ND-CP, the procedure for Wholesale tobacco sales license issuance falls under the authority of the Department of Industry and Trade (DOIT) of the province/city where the trader’s head office is located.

• The DOIT receives the dossier, verifies the validity and completeness of the documents, and appraises the trader’s compliance with legal conditions.

• The dossier processing procedure at the DOIT operates under the principle of transparency and publicity.

• Traders can monitor the processing progress through the online system or by contacting the agency directly.

Procedure for Wholesale Tobacco Sales License Application

To execute the procedure for Wholesale tobacco sales license issuance fully and correctly, the enterprise must first grasp the implementation process, from dossier preparation and submission to appraisal and licensing by the competent authority.

Dossier Components

Pursuant to Clause 2, Article 27 of Decree 67/2013/ND-CP, amended by Decree 106/2017/ND-CP and Decree 08/2018/ND-CP, the application dossier for Wholesale tobacco sales license issuance includes:

• Application Form for Wholesale Tobacco Product Sales License.

• Copy of the Enterprise Registration Certificate or Business Registration Certificate and Tax Identification Number Certificate.

• Copies of written introductions from the Tobacco Product Supplier or Tobacco Product Distributors, clearly stating the intended business area.

• A list detailing the traders in the distribution system, along with copies of the Enterprise Registration Certificate, Tax Identification Number Certificate, and Tobacco Product Business License (if already in business) of the traders currently or potentially part of the tobacco product distribution system in the locality (minimum 02 traders).Procedural Sequence.

Procedure Steps

The Wholesale tobacco sales license issuance is executed through a strict process to ensure compliance, pursuant to Clause 2, Article 28 of Decree 67/2013/ND-CP, amended by Clause 14, Article 1 of Decree 106/2017/ND-CP.

• Step 1: Dossier Preparation and Submission

  • Clients must prepare 02 sets of the required dossier: 01 set for submission to the competent licensing authority and 01 set for internal retention.

  • Submission Methods:

    • Direct submission.

    • Online submission via the National Public Service Portal.

    • Submission via postal service.

• Step 2: Dossier Appraisal and Decision (Issuance/Refusal)

  • Review Timeline: Within 07 working days from the receipt date, if the dossier is invalid or requires additional information, the licensing authority must notify the client in writing.

  • Decision Timeline: Within 15 working days from receiving the complete and valid dossier, the competent authority examines, verifies, appraises, and issues the Wholesale Tobacco Product License. A written refusal must be provided if conditions are not met, clearly stating the reason.

• Step 3: License Formalization and Distribution

  • Storage: 02 copies of the License are kept at the licensing authority.

  • Issuance: 01 copy is sent directly to the client’s enterprise (the licensed entity).

  • Management: 01 copy is sent to the Ministry of Industry and Trade and 01 copy to the Market Management Department for state management purposes.

  • Supplier Notification: 01 copy is sent to each Tobacco Product Supplier or Distributor named in the License (entities supplying products to the client).

License Duration and Renewal

• The Wholesale tobacco sales license is valid for 05 years.

• To continue business operations after expiration, clients must submit an application for license renewal 30 days prior to the expiration date.

Current Fee Regulations

The procedure for Wholesale tobacco sales license issuance has specific appraisal fees regulated by Article 4 of Circular 168/2016/TT-BTC:

• Appraisal Fee in Cities/Towns: VND 1,200,000 per business point/per appraisal, reflecting more complex business conditions.

• Appraisal Fee in Other Areas: VND 600,000 per business point/per appraisal.

• Payment: This fee applies uniformly to all submission methods (direct, online, postal service). Traders must pay the appraisal fee before the authority conducts the dossier appraisal. The appraisal fee is non-refundable if the dossier is rejected due to non-compliance with legal conditions.

Consulting and Support Services from Long Phan Consulting Company

The procedure for Wholesale tobacco sales license issuance benefits from professional consulting services. Long Phan Consulting Company offers comprehensive consulting services for enterprises seeking to obtain this license. Our experienced experts provide detailed guidance on every step of the process.

The comprehensive consulting and support process provided by Long Phan Consulting Company includes:

• Long Phan Consulting Company conducts a detailed assessment of the client’s enterprise capacity to meet current licensing requirements.

• Long Phan Consulting Company provides appropriate advice based on the condition assessment, clarifying legal ambiguities and suggesting solutions.

• Long Phan Consulting Company ensures the dossier fully complies with the latest changes in relevant licensing Law.

• Long Phan Consulting Company assists in drafting and finalizing the entire dossier in strict compliance with current Law, ensuring accuracy and completeness.

• Long Phan Consulting Company manages the end-to-end submission process, representing the client in filing the dossier.

• Long Phan Consulting Company monitors the dossier processing closely and provides regular status updates to the client.

• Long Phan Consulting Company represents the client in submitting the dossier and providing explanations to the competent state authority.

• Long Phan Consulting Company strictly supervises the dossier processing progress at the competent authority, ensuring timely updates for the client.

• Long Phan Consulting Company ensures high quality service at a reasonable fee, maximizing the success rate in obtaining the license.

Frequently Asked Questions (FAQ)

Is the Wholesale Tobacco Product Sales License mandatory?

Yes. Under Vietnamese law, every enterprise engaged in the wholesale tobacco product business is legally required to possess a Wholesale tobacco sales license.

What is the license duration?

The Wholesale tobacco sales license is valid for 05 years from the issuance date (Clause 4, Article 28, Decree 67/2013/ND-CP).

How is the license renewed near expiration?

Clients must submit an application for license renewal 30 days prior to the expiration date. Renewal procedures are governed by Article 39 of Decree 67/2013/ND-CP.

How many sets of dossiers must be prepared?

02 sets of dossiers must be prepared: 01 set is sent to the licensing authority and 01 set is retained by the enterprise.

Which authority receives and processes the dossier?

The Department of Industry and Trade (DOIT) at the provincial level is the competent authority to receive, appraise, and issue the Wholesale tobacco sales license (Clause 1, Article 28, Decree 67/2013/ND-CP).

What is the dossier processing timeline?

The authority requests supplements within 07 working days if the dossier is invalid. Upon receiving a complete and valid dossier, the authority reviews and issues or refuses the license within 15 working days (Clause 2, Article 28, Decree 67/2013/ND-CP, amended by Clause 14, Article 1 of Decree 106/2017/ND-CP).

Conclusion

The procedure for Wholesale tobacco sales license issuance demands meticulous preparation and strict legal compliance. Clients must ensure all conditions are met and the dossier is accurate to avoid processing delays. Long Phan Consulting Company stands ready to assist clients in completing the procedure quickly and efficiently. Contact hotline 1900636389 for detailed and accurate consultation from our expert team.