Tobacco retail license in Vietnam: 3 licensing conditions, required dossier and procedure under Decrees 67/2013, 106/2017 and 08/2018

Selling tobacco products in Vietnam is a conditional business activity. Even a small retail shop must hold a tobacco retail license (Giấy phép bán lẻ sản phẩm thuốc lá) before putting cigarettes on the shelf. This guide summarises the conditions, dossier, competent authority and procedure under the current legal framework.

Who needs a tobacco retail license?

Under Chapter III of Decree No. 67/2013/ND-CP, traders dealing in tobacco products — distribution, wholesale and retail — must each hold the corresponding tobacco trading license. A retail license does not authorise wholesale or distribution, and vice versa.

The three current conditions for a retail license

Conditions for granting a tobacco retail license are set out in Clause 3, Article 26 of Decree 67/2013/ND-CP (as amended by Clause 10, Article 1 of Decree 106/2017/ND-CP and Decree 08/2018/ND-CP). Only three conditions remain in force:

Being a trader lawfully established under Vietnamese law — i.e. a duly registered enterprise or business household.
The business location must not breach the rules on places where tobacco sales are prohibited under Clause 2, Article 25 of the Law on Prevention and Control of Tobacco Harms No. 09/2012/QH13. Sales are prohibited at healthcare facilities, educational institutions, indoor workplaces and playgrounds reserved for children, as well as outside the gates of nurseries, schools, medical institutes, hospitals, preventive-medicine centres and commune health stations within a 100-metre radius.
Holding a referral letter from tobacco distributors or wholesalers specifying the intended business territory.

Important: two old conditions — a minimum sales-point area of 3 m² and conformity with the tobacco trading network master plan — have been abolished (Clause 4, Article 2 of Decree 106/2017/ND-CP) and no longer apply.

Required dossier

Under Clause 3, Article 27 of Decree 67/2013/ND-CP (as amended by Clause 13, Article 1 of Decree 106/2017/ND-CP and Decree 08/2018/ND-CP), the dossier comprises:

An application for a tobacco retail license;
Copies of the Enterprise Registration Certificate (or Business Registration Certificate) and the Tax Code Certificate;
Copies of the referral letter or sale contract with tobacco wholesale enterprises.

Competent authority: where to file

Under Article 28, Clause 1 of Decree 67/2013/ND-CP (as amended by Clause 14, Article 1 of Decree 106/2017/ND-CP):

Ministry of Industry and Trade — tobacco distribution licenses;
Provincial Department of Industry and Trade — tobacco wholesale licenses;
District-level Division of Industry and Trade or Division of Economy (a specialised agency of the district/town/provincial-city People’s Committee) — granting, re-granting, amending and supplementing tobacco retail licenses.

Note: following the two-tier local government reorganisation from 2025, the names of district-level specialised agencies may have changed. Traders should confirm the currently competent agency in their locality before filing.

Procedure and statutory timeline

Under Article 28, Clause 2 of Decree 67/2013/ND-CP (as amended by Clause 14, Article 1 of Decree 106/2017/ND-CP):

The trader prepares 02 dossier sets: one for the licensing authority, one retained by the trader.
Within 15 working days of receiving a complete and valid dossier, the authority considers and grants the license.
If the dossier is incomplete, the authority must request supplementation within 07 working days of receipt.
A refusal must be issued in writing with reasons stated.

Retail vs wholesale: don’t mix them up

Tobacco wholesale licenses are granted by the Provincial Department of Industry and Trade and additionally require a wholesale system in the province with at least 02 retail traders. A retail license only covers direct sales to end consumers — not bulk sales to other shops.

License validity period

The original Decree 67/2013 (2013) provided a 5-year term for tobacco retail licenses. However, this provision has not been fully cross-checked against the later amendments (Decrees 106/2017 and 08/2018). Before making long-term business plans, traders should confirm the currently applicable license term directly with the licensing authority or with legal counsel.

Risks of retailing tobacco without a license

Retailing tobacco without a license is an administrative violation in the trade and healthcare sectors, punishable under Decree 98/2020/ND-CP (as amended by Decree 17/2022/ND-CP) and/or Decree 117/2020/ND-CP. The specific fine for each violation must be checked against the regulation in force at the time of enforcement — we recommend confirming with counsel rather than relying on figures circulating online.

Practical recommendations

Secure the referral letter early: it is the document traders most often get stuck on — engage a distributor/wholesaler up front and agree the business territory in writing.
Vet the location before signing a lease: measure the distance to the nearest schools and hospitals (100 m rule) and confirm the site is not in a prohibited area under Law 09/2012/QH13.
File with the right authority: retail licenses go to the district level, not the provincial Department of Industry and Trade.
Keep one dossier set: the law requires traders to retain one set — it is also your basis for future re-grant, amendment or supplementation.

Frequently asked questions

Can an individual business household apply?

Yes. The condition is being a “trader established under the law”, which includes registered business households, provided all three conditions above are met.

Does a retail license allow wholesale to other shops?

No. A retail license covers only direct sales to end consumers. Wholesale requires a wholesale license from the Provincial Department of Industry and Trade.

How long does licensing take?

The statutory maximum is 15 working days from receipt of a complete and valid dossier; the clock restarts if supplementation is requested.

Does online tobacco retail need a license?

Yes — retailing tobacco, whether in-store or online, requires a retail license. Strict restrictions on tobacco advertising and promotion also apply.

Legal references

Law on Prevention and Control of Tobacco Harms No. 09/2012/QH13 (effective 1 May 2013) — Article 25, Clause 2.
Decree No. 67/2013/ND-CP dated 27 June 2013 (effective 15 August 2013) — the original decree on tobacco trading licenses.
Decree No. 106/2017/ND-CP dated 14 September 2017 (effective 1 November 2017) — amending Decree 67/2013.
Decree No. 08/2018/ND-CP dated 15 January 2018 (effective the same day) — amending Decree 67/2013.
Decree No. 98/2020/ND-CP (as amended by Decree 17/2022/ND-CP) and Decree No. 117/2020/ND-CP — administrative sanctions (fine levels to be checked against the current text).

Note: the exact clause numbers of Decree 08/2018/ND-CP amending the licensing dossier are being cross-checked against the original text; this article is current as of October 2026.