In order to develop the country’s economy and society, the State encourages investors to conduct overseas investment activities. When making investments abroad, investors, in addition to complying with the investment law of Vietnam, must also comply with the laws of the host country or territory. The following article of AZLAW provides the most useful legal advice related to offshore investment procedures so that investors have a specific perspective on the picture of investment integration.
What is Shisha?
According to the information sought, Shisha comes from the Persian word shīshe or water pipe (also known as “Arabic pipe tobacco”) is a device with one or more bodies (usually made of glass) used to smoke like a cigarette, where the smoke is filtered and cooled by passing through water. Originating from India, hookah has gained popularity, especially in the Middle East, and is gradually becoming more and more known in North America, Europe, Australia and Brazil.
Shisha is not a tobacco according to the definition specified in Clause 1, Article 2 of the Law on Prevention and Control of Tobacco Harms 2012 and is not a drug or drug precursor but is actually a type of grass with from Arabia, impregnated with fruit flavors. In Vietnam, shisha is used as a tobacco, but it causes a more pleasurable feeling.
The shisha still contains a very toxic amount of nicotine and carcinogens and is taken into the lungs by the smoker as usual. Therefore, using shisha can still be addictive and cause toxic and dangerous effects to human health.
Is Shisha banned in Vietnam?
“Shisha” is not a drug or a precursor but is actually a type of flavored water pipe originating from Arab countries, mainly smuggled to Vietnam. Pursuant to the Government’s Decree No. 67/2013/ND-CP dated June 27, 2013 detailing a number of articles and measures to implement the Law on Prevention of Harms of Tobacco Business, Decree 106/2017/ The Government’s Decree 67/2013/ND-CP dated September 14, 2017 amending and supplementing a number of articles of Decree 67/2013/ND-CP has not yet developed standards and regulations for “shisha”.
Regarding the shisha business, because this is an item not on the list of prohibited business, it is allowed to trade this item. However, in order to do business legally, the business unit must present invoices and documents on goods when inspected by competent authorities.
In addition, when you want to sell shisha at a bar or bar, a business must register a business license. After that, you must apply for sub-licenses certifying business conditions on food hygiene and safety, security and order…
Regarding the smoking of shisha, there is currently no law prohibiting the use of shisha. However, when using it, it is necessary to choose products of clear origin, carefully look for the ingredients and harms of using shisha before you decide to use it.
What procedures do you need to do to start a Shisha business?
For the shisha business, currently, there is no document regulating the use of shisha, including the Investment Law 2020 and other guiding documents that show that shisha is not on the list of items. Prohibit trading or conditional business items, so individuals and organizations are allowed to trade in this item in fact.
However, it is still necessary to ensure that the business of this item does not affect human health and upsets all social problems, affecting the state management in all aspects of life. Must be able to present invoices and vouchers for trading goods when inspected and inspected by competent authorities. At the same time, it is also necessary to carry out business registration and apply for sub-licenses certifying eligibility. business events on food hygiene and safety, security and order and other related issues.
Due to the main reasons, mainly shisha business is not in the prohibited business, so trading in this item will not be sanctioned for administrative violations according to current regulations. Penalties will be imposed only when the invoices and documents proving the origin of the trial cannot be issued or the business does not have a license, or disrupts order and security, etc.
Pursuant to the Government’s Decree No. 67/2013/ND-CP dated June 27, 2013 detailing a number of articles and measures to implement the Law on Prevention of Harms of Tobacco Business, Decree 106/2017/ Decree-CP dated September 14, 2017 of the Government amending and supplementing a number of articles of Decree 67/2013/ND-CP, Vietnam has not yet developed standards and regulations for “Shisha”.
Pursuant to Article 23 of the Law on Product and Goods Quality 2007 stipulates: “Manufacturers and importers self-declare basic characteristics, warning information, and standard numbers on goods”. Therefore, in order to import Shisha for sale in the Vietnamese market, it is necessary to announce the standard for applying basic information of the product such as: Ingredients, properties, etc. to the “Package of goods; Goods labels; Documents attached to products and goods” for consumers to know.
Therefore, Shisha is allowed to do business in Vietnam market.
In addition, businesses need to carry out procedures: tax, declaration