LAWYER IN VIETNAM VIETNAM – TOBACCO PRODUCTION AND DISTRIBUTION UNDER LOCAL AND INTERNATIONAL REGULATIONS

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Dr. Oliver Massmann

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VIETNAM – TOBACCO PRODUCTION AND DISTRIBUTION UNDER
LOCAL AND INTERNATIONAL REGULATIONS
By Dr. Oliver Massmann
In Vietnam, the Government holds a monopoly on the importation of cigarettes and cigars, except
import for sales as duty-free goods. The market size remains stable with over 100 billions cigarettes
per year since 2015, in which around 60% is Vietnamese products, around 22% is foreign products
made in Vietnam and 18% is illegally imported products. As of 2018, the cigarettes and cigars
industry has contributed USD 450 millions to the State budget
There are currently 16 Vietnamese cigarette manufacturers with Vietnam National Tobacco
Corporation (Vinataba) being a prominent unit in the production, distribution and trading scene.
Additionally, there are two foreign-invested joint ventures between Phillip Morris and Vinataba,
and British American Tobacco and Vinataba that engaged in the production of tobacco and
shredded tobacco products respectively.
Requirements for cigarette production
Under Law on Investment 2020, cigarette production is a conditional business line, meaning
investors have to fulfil requirements imposed by the Government regarding licensing procedures
before commencement of operation. Entities manufacturing, buying and selling tobacco products,
processing tobacco materials, buying and selling tobacco materials and investing in growing
tobacco plants must obtain specific licenses for such activities according to regulations.
In case of merger or joint venture with a local company, investors need to acquire Decision on
Investment Policy approved by the Prime Minister to produce cigarettes.
International regulations on Vietnamese tobacco products
EU-Vietnam Free Trade Agreement: After 15 years from 1 August 2020, EU will remove import
taxes on Vietnamese tobacco products and vice versa.
Vietnam-US Bilateral Trade Agreement and Vietnam-Japan Agreement on Investment
Encouragement and Protection: Vietnam eliminated export requirements applicable to tobacco
products for investors coming from USA and Japan.
WTO schedule: there’s currently no commitments made by Vietnam to WTO members regarding
the distribution of tobacco products.

Tariff quotas from the Eurasian Economic Union in 2020, 2021 and 2022 for tobacco is 500 tons
per year.
***
For more information on the above, please do not hesitate to contact the author Dr. Oliver
Massmann under omassmann@duanemorris.com. Dr. Oliver Massmann is the General Director of
Duane Morris Vietnam LLC, Member to the Supervisory Board of PetroVietnam Insurance JSC
and the only foreign lawyer presenting in Vietnamese language to members of the NATIONAL
ASSEMBLY OF VIETNAM.

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