Chương I Nghị định 119/2007/NĐ-CP : Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1.

Scope of regulation

This Decree provides for tobacco production and trade, including planning activities; investment in production development; growing, processing, purchase and sale of tobacco raw and auxiliary materials; production and consumption of tobacco products; import and export of tobacco machinery and equipment, tobacco raw and auxiliary materials and tobacco products in the Socialist Republic of Vietnam.

Article 2.

Subjects of application

This Decree applies to domestic and foreign organizations and individuals involved in tobacco production and trade and related activities in the Vietnam territory.

Article 3.

Application of relevant laws and treaties

1. Tobacco production and trade must comply with this Decree and relevant provisions of law.

2. If a treaty to which the Socialist Republic of Vietnam is a contracting party provides for tobacco production and trade differently from this Decree, that treaty prevails.

Article 4.

Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Tobacco means tobacco leaves who scientific names are Nicotiana Tabacum L and Nicotiana Rustica L., including air-cured and fire-cured tobacco leaves.

2. Tobacco raw materials means tobacco leaves in bulk, stemmed tobacco leaves or pipe tobacco, tobacco plugs, tobacco stems and other tobacco substitutes used for the manufacture of tobacco products.

3. Tobacco products means products wholly or party made of tobacco raw materials and processed into cigarettes, cigars, pipe tobacco for pipe smoking, and other products used for smoking, chewing or snuffing.

4. Tobacco auxiliary materials means all supplies other than tobacco raw materials used for the manufacture of tobacco products.

5. State commerce in the import of tobacco products means an import mechanism under which the State designates major enterprises to import tobacco products.

6. Tobacco production capacity means the capacity of synchronous machinery and equipment used for the manufacture of tobacco products.

7. Processing of tobacco raw materials means processing activities carried out on machinery and equipment chains for tobacco stemming or processing into strips, plugs and other substitutes used to manufacture tobacco products.

means processing activities carried out on machinery and equipment chains for tobacco stemming or processing into strips, plugs and other substitutes used to manufacture tobacco products.

Article 5.

Principles for management of tobacco production and trade

1. The State uniformly manages tobacco production and trade, and holds monopoly in the manufacture and import of tobacco products.

2. The State controls the supply of tobacco products to the market, tobacco production output and the import of tobacco products; applies state commerce to tobacco import; and controls the consumption of tobacco products on the market so as to reduce tobacco's harms.

3. Tobacco raw materials are commodities subject to conditional business. Trading in tobacco products is restricted. Investment in the manufacture of tobacco products is conditional. Manufacture of tobacco products requires licenses.

4. Tobacco machinery and equipment, tobacco raw materials, cigarette paper and tobacco products are subject to line management by the Ministry of Industry.