How can individuals or household members who are Vietnamese citizens do business in e-cigarettes without having to set up an enterprise?
HT can assist you in setting up a household business and applying for relevant permits to conduct e-cigarette business activities in accordance with the law.
1. Some points to note
* According to the provisions of Clause 2, Article 3 of Decree No. 67/2013/ND-CP: “Tobacco is a product that is manufactured wholly or partially from tobacco ingredients, and processed in the form of cigarettes, cigars, tobacco fibers used for smoking pipes and other forms of products used for smoking, chewing and smelling.”
-> E-cigarettes are considered tobacco products.
* Purchase and sale of tobacco products including distribution, wholesale, and retail. In which, a household business is only allowed to retail tobacco products.
*Trading tobacco products is a conditional business line. Therefore, in addition to the household business registration certificate, the household business must also make an application for a tobacco retail license.
2. Apply for a Business Household Registration Certificate
| No. | Content | Details |
|---|---|---|
| 1 | Authority to grant | (District-level business registration authority Finance - The Finance – Planning Department affiliated to the district-level People’s Committee) where the business household is located |
| 2 | Dossiers | 1. Application for household business registration 2. Identity Card/ Citizen Identity Card for the owner of a business household 3. Identity Card /Citizen Identity Card of household members registered for business (in case the household business is established by family household members) 4. Minutes of meeting of household members on the establishment of a business household (in case the household business is established by family household members) 5. A written authorization from a household member for one member to be the head of the household business (in case the household business is established by family household members) 6. Location rental contract and Certificate of land use right of the rented location |
| 3 | Settlement time | 03 working days from the date of receipt of valid application. |
3. Apply for a Tobacco Retail License
| No. | Content | Details |
|---|---|---|
| 1 | Conditions | 1. Traders established in accordance with the law. 2. The business location does not violate the regulations on places not to sell cigarettes as prescribed in Clause 2, Article 25 of the Law on Prevention and Control of Tobacco Harms 2012: Smoking is not allowed outside the gates of kindergartens, kindergartens, primary schools, junior high schools, high schools, medical research institutes, hospitals, maternity homes, preventive health centers, stations commune, ward or township health care center within 100 meters (m) of the nearest campus boundary of that facility. 3. There is a written introduction from the distributor or wholesaler of tobacco products, clearly stating the proposed business area. |
| 2 | Authority | Industry and Trade Chamber or Economy Department (a specialized agency affiliated to the People's Committee of a district, town or provincial city) |
| 3 | Dossiers | 1. An application form for a license to retail tobacco products 2. Business household registration certificate 3. Tax code registration certificate 4. Letter of introduction of the distributor or wholesaler of tobacco products, clearly stating the proposed business area |
| 4 | Settlement time | 15 working days from the date of receipt of complete and valid documents |
| 5 | Term of the license | 5 years. In case of continuing business, traders trading in tobacco products shall submit the application for re-issuance of the license 30 days before the expiration of the license. |
| 6 | Rights and obligations of retail traders | - To purchase tobacco products from tobacco product distributors or tobacco product wholesalers for sale at licensed locations. |
To save time learning about the law, filling out forms, and submitting documents, you can contact HT for consultation and legal services related to Establishing a business household trading E-cigarette.
Contact us
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- Email: hue.truong@htlaw.vn
- Phone number: +84 935 439 454.