Tobacco business is a conditional business investment industry , requiring a license to wholesale and retail products. But in reality, even without a license , many businesses and grocery stores in localities still openly sell this item.
Violations occurring in small businesses
Through inspections by the Food Safety Interdisciplinary Team chaired by the Department of Industry and Trade in Song Lo, Lap Thach, and Tam Duong districts before, during, and after Tet, it was found that many businesses and grocery stores were selling cigarettes without a business license.
Cigarettes of all kinds are openly sold by retailers along with other goods even though they have not been granted a retail license.
According to records , the number of cigarettes in these businesses is not much, about less than 10 packs, all of which are domestically produced goods such as Thang Long, Vinataba, Saigon... sold by retailers along with other goods.
When asked about the product retail license, the traders said they did not have one and explained: Sometimes the store only gets products to sell, in small quantities... so they do not go through the procedures to get a business license . There are also cases where traders have gone to specialized agencies to apply for a license but were not granted due to lack of documents and procedures. Although the specialized staff guided the traders to complete the application for a license , for some objective reasons the traders did not do it.
Mr. Nguyen Van Chien, owner of the Chien Tich convenience store in Hoang Hoa commune, Tam Duong district, said: "Previously, when the authorities came to inspect, they asked me to apply for a retail license to sell cigarettes. I applied but was not granted due to lack of documents. "
Most of the tobacco products sold are domestically produced.
Discussing this issue with reporters, a specialized officer of the Economic and Infrastructure Department of Tam Duong district said that currently , granting retail tobacco licenses to businesses and grocery stores is very difficult because the traders' files do not have complete documents and procedures according to regulations.
Most retailers take back cigarettes from distributors to sell. In order to be granted a license to retail cigarettes, these retailers must have a full copy of the introduction letter from the distributor, including the wholesale license for tobacco products of this unit. In case the retailer has not been granted a license to retail cigarettes but still sells this item, it is a violation of regulations.
According to some retailers, citing the limited quantity of goods distributed, large tobacco dealers refused to provide copies of the company's introduction documents and wholesale licenses for tobacco products.
When hearing the administrative fine of 10-20 million VND for the act of trading cigarettes without a license, every trader "sweats", because they did not think the fine would be that high. Through that, it can be seen that the grasp of knowledge of business law for traders today is still very limited, especially small traders even though they have been in business for many years.
Similarly, in Lap Thach district, inspections showed that many grocery stores sold cigarettes without a license.
Deputy Head of Economic and Infrastructure Division of Lap Thach District Nguyen Van Huy said: " Through inspection, the authorities also regularly remind business owners, but for some reasons , the traders do not comply.
On the other hand, the number of business establishments in the district is large, and the force is small, so we have not been able to check all of them. In the coming time, the Economic and Infrastructure Department of Lap Thach district will coordinate with the market management force to strengthen inspection, review and urge business households to submit registration documents for appraisal and licensing according to regulations" .
Strengthening propaganda associated with handling violations
Tobacco business is a conditional investment and business sector. Organizations and individuals producing, trading tobacco products, processing tobacco materials, trading tobacco materials and investing in tobacco planting must have a license as prescribed.
Having a tobacco business license is legal evidence that a trader or business meets the conditions to trade in tobacco. Trading in tobacco without a license will result in administrative penalties.
However, through inspections at these businesses, it was found that no establishments have been administratively punished for this violation, so there is not enough force to correct and deter, and there is even a tendency for new violations to arise.
The interdisciplinary food safety inspection team disseminates legal knowledge on tobacco trading to small traders.
According to regulations, the application for a tobacco retail license includes an application for a tobacco retail license , a copy of the business registration certificate or business registration certificate and tax code certificate; copies of introductory documents of tobacco distributors or wholesalers... The application will be appraised by the Economic Department or the Economic and Infrastructure Department of the districts and cities , and the license will be granted if qualified.
Although having a tobacco retail license, prohibited acts in tobacco business are advertising, promoting tobacco, marketing tobacco directly to consumers in any form; people under 18 years old buying and selling tobacco; using people under 18 years old to buy and sell tobacco; selling and supplying tobacco to people under 18 years old...
Faced with the reality of many violations in cigarette business, Local authorities and market management forces need to strengthen inspection and review work and have plans to propagate and disseminate legal knowledge to small traders; guide business owners to complete documents. Granting retail licenses for tobacco products if qualified; resolutely and strictly handling cases of intentional non-compliance with regulations on tobacco trading, not allowing illegal tobacco trading to persist in many localities as it does now.
Article and photos: Ha Tran
Source
Comment (0)