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Southeast Asia Initiative on Tobacco Tax (SITT) of theSoutheast Asia Tobacco Control Alliance (SEATCA)

ASEAN

Regional Comparisons and TrendsMay 2013

ASEAN Tobacco Tax Report Card, May 20132

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ax Acknowledgements

This paper is a team effort of Dr. Ulysses Dorotheo, Ms. Sophapan Ratanachena, Ms. Bungon Ritthiphakdee, Dr. Mary Assunta,

Dr. Domilyn Villarreiz and Ms. Jennie Lyn Reyes. For this fourth edition the authors would like to thank the following country

partners and contributors for their research assistance and guidance:

Brunei Darussalam: Dr. Arnie H. Abdul-Rahman, Mr. Khalid Halim

Cambodia: Ms. Pen Sopakphea, Dr. Yel Daravuth

Indonesia: Ms. Titissari, Mr. Abdillah Ahsan

Lao PDR: Tax Department, Ministry of Finance, Tobacco Control Inter Ministerial Taskforce,

Ministry of Health, Dr. Maniphanh Vongphosy

Malaysia: Dr. Zarihah Zain, Ms. Tan Yen Lian, Dr. Mary Assunta

Philippines: Atty. Irene Reyes, Mr. Ralph Degollacion, Atty. Dianne A. Lim

Singapore: Mr. Lit Fai Chan

Thailand: Dr. Chonlathan Visaruthvong

Vietnam: Dr. Nguyen Tuan Lam, Dr. Pham Thi Hoang Anh, Ms.Le Thi Thu

It is our hope that this document is useful to policymakers, tax and health officials, and advocates in attaining our common

fiscal and public health objectives: saving human lives, saving on health-care costs, and providing sustainable funding

for tobacco control and health promotion.

September 2010, First Edition

August 2011, Second Edition

February 2012, Third Edition

March 2013, Fourth Edition

The Southeast Asia Initiative on Tobacco Tax (SITT) is SEATCA’s project to institute effective tax increases and to allow for sustainable funding mechanisms for tobacco control in Cambodia, Indonesia, Lao PDR, Philippines and Vietnam, in line with Article 6 of the WHO Framework Convention on Tobacco Control.

SITT is supported by a grant from the Bill and Melinda Gates Foundation. All information and views presented in this report do not necessarily represent those of the funding organization, its staff, or its Board of Directors.

The information for this report was drawn from multiple sources. Reasonable efforts have been made to ensure accuracy at the time of publication. If there are unintentional errors please convey this information to the authors.

For more information, please visit www.seatca.org

ASEAN Tobacco Tax Report Card, May 2013 3

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Regional Tobacco Tax Comparisons and Trends in ASEAN countries

Tobacco Consumption

Tobacco consumption is increasing in Asia as transnational tobacco companies continue their aggressive expansion into

the region, particularly targeting their marketing and production activities in developing countries in the ASEAN region. The

Asia Pacific region alone accounts for 57.4% of the world smoking population. 1

Figure 1: Current smoking prevalence in ASEAN countries (figures in percent) 2

0 % 10 % 20 % 30 % 40 % 50 % 60 % 70 % 80 % 90 % 100 %

TotalFemalesMales

Vietnam23.8

1.447.4

Thailand24

2.646.6

Singapore13.6

3.723.7

Philippines28.3

947.7

Myanmar23.1

1533

Malaysia21.5

1.646.4

Lao PDR25.5

8.443.0

Indonesia36.1

4.567.4

Cambodia19.5

3.542.5

Brunei17.0

2.9431.8

Note: Years in which prevalence surveys were conducted differ from country to country

Smoking prevalence rates among men remain generally higher than those of women, with Indonesia facing very high

prevalence rates (above 65%) among their male population, while Cambodia, Malaysia, Philippines, and Vietnam have

male smoking rates nearing 50%. It should be pointed out that in addition to the health burden from smoking, Myanmar,

Cambodia and Lao PDR also face significant “smokeless tobacco” use.

Cigarette per capita consumption in Asia Pacific amounts to around 873 sticks per year, and the average smoker spends

around USD 52.90 on cigarettes annually. 3 With the exception of Singapore, and to a lesser extent Malaysia, Thailand

and Cambodia, additional data for the ASEAN region (Figure 2) shows no significant decline in cigarette consumption,

and countries such as Indonesia, Philippines, and Vietnam have per capita consumption rates that are higher than the

regional average. Furthermore, from a public health perspective, there is a distressing trend of increasing consumption

in Indonesia, Myanmar, and, most alarming, Vietnam.

These statistics clearly call for better tax and price measures on the part of national governments in order to curb

tobacco consumption in the region. Increasing taxes and prices is internationally recognized as one of the most effective

ways to curb tobacco consumption while generating significant revenue for national governments.

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Figure 2: Regional cigarette per capita consumption, 1990-2010 4

0

200

400

600

800

1,000

1,200

1,400

199219911990 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010

Malaysia ThailandLao PDRIndonesia SingaporeCambodia PhilippinesMyanmar Vietnam

Source: ERC (2010), *Includes non-duty sales, World cigarette report (2010)


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Cigarette Price Trends

Brands of major tobacco companies like British American Tobacco (BAT) and Philip Morris International (PMI) dominate

the various local markets (Table 1) through their local production facilities or joint ventures with local manufacturers.

While foreign cigarette brands, whether produced locally or imported, are relatively more expensive than local brands.

However, given the rapid economic development of Asian nations in recent years, cigarettes are becoming more and

more affordable as domestic standards of living and local wages continue to improve. In addition, some brands are

seemingly quite expensive in some countries compared to others in the region. For example, a pack of Marlboro costs

around USD 8.30 in Singapore, while in the Philippines a similar pack costs only around USD 0.99 (Figure 3). Countries

that rely exclusively on imports include Brunei Darussalam and Singapore. In the case of Malaysia, while there are a

number of local brands in the country, these are not significant enough to compete with the market strength of foreign

brands from BAT that have saturated the market.

Table 1: Most popular local and foreign brands, 2012 5

Country Most Popular Local Brand Most Popular Foreign Brand

Brunei Darussalam No local production Marlboro Gold Ks (PMI)

Cambodia ARA (BATC) Alain Delon (BAT)

Indonesia A Mild (PMI) Marlboro (PMI)

Lao PDR A Deng (LTL) Marlboro (PMI)

Malaysia Insignificant share of local market Dunhill 20’s (BAT)

Philippines Fortune (PMFTC) Marlboro (PMFTC)

Singapore No local production Marlboro (PMI)

Thailand Krongthip (TTM) Marlboro (PMI)

Vietnam Vinataba (VINATABA) Craven (BAT)

* BATC = BAT Cambodia; KT&G = KT&G Corporation (Korea); LTL = Lao Tobacco Limited; PMI = Philip Morris International; PMFTC = Philip Morris Fortune Tobacco Corporation; TTM = Thai Tobacco Monopoly; VINATABA = Vietnam National Tobacco Corporation

Figure 3: Prices of most popular local and foreign brands in Table 1 (in USD), 2012

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10

0

6.42

0.58 1.25 1.291.56

3.32

0.470.99

9.31

2.66

0.860.83

2.16

0.751.50

Most Popular Local Brand Most Popular Foreign Brand

Vietna

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Philipp

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Malaysi

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Lao P

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Indon

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Cambo

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Tobacco Tax RatesWithin ASEAN, Thailand has the highest tax burden as a percentage of the retail price charged on a pack of cigarettes (70%), closely followed by Singapore (69%) and Brunei Darussalam (67%) (Figure 4). In contrast, countries with the lowest tax burdens are Cambodia (20-25%) and Lao PDR (16-19.7%). In the case of Lao PDR, however, although the law stipulates a 55% excise tax rate, the government’s contract with the tobacco industry has meant the application of a much lower excise rate of 15 – 30%.

In 2012, the Myanmar increased excise tax on all types of tobacco products; for cigarettes, the excise tax rate increased from 50% to 100% of retail price. 6

More recently, Thailand adjusted its tobacco tax rates for all types of tobacco and imposed a specific tax rate on cigarettes to prevent a downtrading effect, while the Philippines passed a Sin Tax Reform Law which raised tax rates, removed a 16-year price classification freeze, and shifted from 4 tax tiers to 2 tiers in 2013 (to a single rate by 2017).

Despite these positive changes within ASEAN, there is still room for governments across the region to significantly raise tax rates in order to have a meaningful reduction in tobacco consumption. The World Bank recommends a tax burden of at least 65% of retail price, while WHO recommends at least 70% of retail price should be excise. Singapore and Thailand are good case studies where tax increases have been gradually increased over the past two decades, and these countries experienced a decline in smoking prevalence rates alongside increased tobacco tax revenues. 7

Figure 4: Tobacco tax burden as percentage of retail price, 2013

10 %

20 %

30 %

40 %

50 %

60 %

70 %

80 %

90 %

100 %

0 %

67

20-25

46

16-19.7

52 50 53

69 70

41.6

VietnamThailand

Singapore

Myanmar

Philippines

Malaysia

Lao PDR

Indonesia

CambodiaBrunei

Note: Rates for countries following the tier-system are based on average/most applied rates

Government Tobacco Tax Revenue TrendsFurther to the potential for saving lives, tobacco tax can be a reliable source of government revenue as seen in Table 3. In addition, countries such as Thailand have put some of this revenue to good use by establishing a health promotion fund (ThaiHealth), which is based on a 2% tobacco surcharge tax and drives many of the country’s various public health promotion campaigns out of its USD 100 million annual budget. Similar opportunities exist for countries like Indonesia, Lao PDR, Vietnam, and the Philippines, which share high smoking prevalence rates among their population, to curb tobacco consumption, generate substantial government revenue, and ensure a sustainable source of income for various health promotion and social development initiatives. Recently, the National Decree on Tobacco Control Fund was approved in Lao PDR, and a similar Tobacco Control Fund, stipulated in Vietnam’s 2012 Tobacco Control Law will soon be established.


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Table 2: Government revenue from tobacco taxes(in USD), 2005-2011 8

Country 2005 2006 2007 2008 2009 2010 2011

Brunei Darussalam No data No data No data No data 14,139,272 21,627,906 9,612,403

Cambodia* 5,100,000 6,200,000 7,800,000 11,100,000 13,100,000 22,260,500 16,443,500

Indonesia 3,548,913,043 4,017,391,304 4,726,086,957 5,426,086,957 6,019,565,217 6,556,188,503 7,591,921,284

Lao PDR 3,321,341 4,239,634 4,923,659 9,525,732 11,967,927 20,091,439 26,623,414

Malaysia 892,857,143 857,142,857 964,285,714 1,071,428,571 1,107,142,857 No data 1,645,569,620

Philippines 512,987,013 580,086,580 500,000,000 595,238,095 523,809,524 720,909,090 590,840,909

Singapore 510,093,057 444,366,500 501,073,729 568,002,863 666,857,552 683,923,076 749,689,922

Thailand 1,157,363,636 1,080,333,333 1,267,393,939 1,267,636,364 1,331,393,939 1,779,366,666 1,906,533,333

Vietnam 380,200,000 378,800,000 395,600,000 444,700,000 521,100,000 576,999,896 649,420,725

*Tobacco tax revenue from domestic tobacco products only

Health-care Costs of Tobacco ConsumptionAvailable estimates of economic health-care costs incurred in each ASEAN country, as shown in Table 3, are considered conservative, as they do not account for all tobacco-related diseases and also do not factor in under-reporting of morbidities in countries with underdeveloped health surveillance systems. In spite of this limitation, low- and middle-income countries are facing huge health costs for diseases that could have been prevented by curbing consumption, even in countries such as Lao PDR, Myanmar, Thailand, and Vietnam, where tobacco tax revenues seemingly outweigh the economic health costs. Countries like Indonesia, Philippines and Malaysia, however, are in an unacceptable situation where economic health costs are at least 1.2 to 13.7 times more than what their governments earn from tobacco taxes.

It is, therefore imperative that tobacco consumption be reduced through effective tobacco control measures, primarily increasing tobacco taxes and prices, with a view of having tobacco taxes used to mitigate the negative externalities associated with tobacco use.

Table 3: Health-care costs of tobacco consumption 9

CountryEstimated

health costs (USD million)

Tobacco tax revenue-average

(USD million)

Net gain/loss(USD million)

Ratio of health costs to tax

revenueRemarks

Indonesia 13,900 1,800 -13,720 772% 2001

Lao PDR 3.34 4.9 1.56 68.1%for only 3

diseases, 2007

Malaysia 1,338 1,107 -231 120.8%for only 3

diseases, 2005

Myanmar 13.2 41.74 28.54 31.62%for 9 diseases,

1999

Philippines 2,860 to 6,050 442 -2,418 to -5,608 647% to 1,368%for only 4

diseases, 2003

Thailand 220 1,080 860 20.37%for only 3

diseases, 2006

Vietnam 143.7 395.6 251.9 36.32%for only 3

diseases, 2007

Note: Health costs estimates not available for Brunei Darussalam and Cambodia. Estimates for Singapore are not publicly accessible.

ASEAN Tobacco Tax Report Card, May 2013 ASEAN Tobacco Tax Report Card, May 20138 9

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Tobacco Tax System Comparisons

Tobacco tax systems vary from country to country (Table 4) as a result of diverse challenges including lack of government

buy-in, tobacco industry interference, and slow tax and price increases. Countries such as Indonesia and Philippines

that follow a tiered tobacco tax system also face additional challenges of loopholes being exploited by the tobacco

industry that erode fair tax collection. While taxing tobacco products can be done through creative and innovative ways,

Table 4: Regional comparison of tobacco tax systems, 2013 10

CountryTotal tax rate

as a % of Retail Price

Types of Tax Applied Tax Base for Domestic Products

Tax Base for Imported

Products Remarks

Excise VAT/GST Import Tariffs Others

Brunei Darussalam

67%BND 0.25/stick,

specific taxN/A N/A N/A

No domestic production

Weight and type of tobacco product

Tobacco products in Brunei Darussalam are imported and only excise duties are charged based on the type of tobacco product. BND 0.25 per stick is charged for cigarettes, BND 60.00 is charged per kilo of manufactured tobacco, and BND 200.00 is charged per kilo of cigar, cheroots and cigarillos.

Cambodia20% for

domestic and 25% for imported

10%,ad valorem tax

10%7% - 35% plus 10%

import VAT

Public lighting tax 3% of invoice value, profit tax 20% of profit, turnover tax 2% of

invoice value

65% of invoice price CIF Some exemptions exist, including tobacco that is exported, cigarettes that are imported by international travelers for personal use that do not exceed 20 pack, and duty-free shops in airports.

Indonesia46% (ave)

IDR 80-380/stick,specific tax

8.40% 40% N/A Production cost price Transaction value of

tobacco product

Excise taxes on both domestic and imported tobacco products follow a multi-tier system that is comprehensive but complicated and creates loopholes within the system. Imported cigarettes constitute an insignificant part of consumption; in 2011, the ratio of imported cigarettes to domestic production was less than 1%.

Lao PDR19.7% for

domestic, 16% for imported

15% - 30%,ad valorem tax,

LAK 500 additional

specific tax/pack

10%

Flat rate USD 119 per 500 packs for

famous brands and USD 85 for other

brands

Royalty Fee 15% of production cost

Ex-factory price CIF An excise rate of 60% is sanctioned by law but with the existence of a 25-year Investment Licensing Agreement with the tobacco industry, only 15% - 30% is applied.

Malaysia 52%

MYR 0.19/stick,specific taxand 20%,

ad valorem tax

5% MYR 0.20/ stick N/A Ex-factory cost CIF Exported cigarettes and leaves are not taxed. Import duties are relatively high. However, consistent with AFTA, import duty for tobacco/tobacco products from ASEAN countries are only between 0-5%.

Myanmar 50%100%,

ad valorem tax16% 30% on CIF

1% special excise duty, profit tax, income tax

Retail price CIFThe excise tax rate also increased to 50% of the retail price on other types of tobacco such as cheroots, cigar and pipe, tobacco, Virginia tobacco, cured and pipe tobacco. Import duties are also charged on smokeless tobacco products. Profit tax is only charged on smokeless tobacco products.

Philippines 53%PHP 12 or 25

per pack (2 tiers), specific tax

12% 3%-10% N/ANet retail price

(before tax)CIF

Tariffs collected from imported tobacco products vary for different products: unmanufactured tobacco (7%), cigars and cigarettes (10%), and other manufactured tobacco (3 or 7%). Effective on 1 January 2013, the tobacco tax system will shift from 4 tiers to a unitary rate by 2017, reclassify all brands every 2 years (removing the price classification freeze), and increase tax by 4% annually beginning 2018.

Singapore 69%SGD 0.32/stick,

specific tax7% N/A N/A

No domestic production

Weight and type of tobacco product

Excise duties are applied based on the type of product. For unmanufactured tobacco and cut tobacco an excise duty of SGD 300/kg is applied. For other smokeless tobacco products an excise duty of SGD 181/kg is applied. An additional SGD 0.32 is applied for each cigarette stick weighing more than 1 gram.

Thailand 70%

87% ad valorem tax on cigarettes,

specific tax THB 1/gram

7%Exempted but other

local taxes still applied

Local tax THB 0.093/stick, Thai health tax 2%

of excise, and TV tax 1.5% of excise

Ex-factory price CIF

The recent tobacco tax increase imposes a specific tax on cigarette THB 1/gram as well as increase higher tax rate on shredded tobacco to prevent downtrading effect. Like other excise tax in Thailand, the tobacco tax rate structure is a mixed system. Both specific and ad valorem rates are calculated and whichever rate generates a higher tax liability is applied, with the exception of the cigarette tax rate, which is exclusively an ad valorem rate. Import tariffs are applied according to the specified codes, import country, and trade.

Vietnam 41.6%65%,

ad valorem tax10% 30% - 140% N/A Factory price Import price

In 2008, the special excise tax was made uniform at 65% for all types of cigarettes. Vietnam lifted its ban on cigarette imports in 2007 and tax rates as a percentage of import price are applied for cigarettes (140%), cigars (125%), and tobacco materials (30%).

such as imposing a health tax or public TV tax, the system itself should be simple and easily manageable in order to

be effective. In spite of the differences in tax systems, each country is encouraged to maximize the benefits of higher

tobacco taxes and prices that can be used to reduce tobacco consumption and protect the health of the public.

* CIF = Cost + Insurance + Freight


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Illicit Trade of Cigarettes in ASEANThe illicit trade of cigarettes has serious adverse health and socio-economic implications, reducing government revenues and undermining tobacco control efforts to reduce tobacco consumption. In addition, the tobacco industry has consistently utilized illicit trade as an argument against increasing tobacco taxes, despite the fact that the share of illicit trade in the global market has remained stable (estimated at 9-11%) since 2000 11 and is significantly higher in low- and middle-income countries, which have cheaper prices compared to high-income countries, which have higher prices but less illicit trade. Article 15 of the FCTC addresses the issue of illicit trade in tobacco products, and a Protocol to Eliminate Illicit Trade in Tobacco Products was recently adopted by the 5th Conference of Parties to the FCTC (COP5, 2012).

Recent research in several ASEAN countries (Cambodia, Indonesia, Lao PDR, Malaysia, Philippines, Thailand and Vietnam) showed increases in cigarette smuggling, but these are not directly related to increases in tobacco tax. 12 Rather, factors such as weak border controls and ineffective customs systems are likely contributors to the higher magnitude of smuggling. 13 Among the six countries surveyed, Malaysia had the highest illicit share (16.49%) of its total cigarette market, followed by Philippines (14%) and Indonesia (12%) (Figure 5). 14

Figure 5: Share of illicit cigarettes in the total cigarette market in ASEAN countries (in percentage)*

10 %

20 %

0 %Indonesia

12

Lao PDR

4

Malaysia

16.49

Philippines

14

Thailand

10

Vietnam

8.07

* Rates are in different years Source: NIH Research (SEATCA, 2011)

There has been a significant increase in the quantity of cigarettes imported into Cambodia over the past decade, with a sharp increase from 2004 to 2005 onward. Estimates show that the level of imports rose from 14.2 billion sticks in 2000 to 22.7 billion sticks in 2008. Taking into consideration annual local production of about 4.5 billion sticks, annual consumption of about 7 billion sticks, and annual exportation of about 500 million sticks, there was an unexplained domestic surplus of cigarettes of about 11.2 billion sticks in 2000 and about 20.3 billion sticks in 2008. 15 This suggests that the surplus cigarettes are lost in transit after their importation and subsequently smuggled out of the country, indicating the need for collaborative action with neighbouring countries to tackle this problem.

In Indonesia, because kreteks are dominantly consumed and because the country is the also largest producer of kreteks, the main concern is the substantial illicit domestic production which was estimated between 21-27 billion sticks in the period of 2002-2004. 16 This is attributed to a high demand of cigarettes among men and the poor and large price variations between legal and illicit cigarettes, exacerbated by the existence of thousands of small producers and preferential tax rates for kreteks.

In 2007, the net smuggling rate of cigarettes in Lao PDR was at least 8.8% of official sales, which is significantly higher than the net smuggling rate of 6% in 2002. The retail value of these smuggled cigarettes was as high as USD 3.6 million, resulting in a significant tax revenue loss of 0.52% of the government’s total tax revenue. 17

It is estimated that 1.47 million cigarettes were smuggled into Malaysia in 2004, which increased to 3.47 million sticks in 2006. This was equivalent to government revenue losses of as high as USD 112 million in 2004 and USD 308 million in 2006, accounting for 4.7% of the total indirect taxes collected in 2006. A study showed that foreign workers in Malaysia could be a cause of inward smuggling. Further studies are needed to examine the nature and extent of cigarette smuggling from Singapore and Indonesia, two countries with which Malaysia has the largest tobacco trade discrepancies. 18

Data on the extent of cigarette smuggling in the Philippines is limited, but it is estimated that the government lost about USD 71 million in 2004 tax revenues due to illicit trade of tobacco products. 19 With the passage of the Sin Tax Law, the government is expected to institute other complementary tobacco control measures to ensure effectiveness of the Sin Tax Law as a public health tool to reduce the demand for tobacco products and lower smoking prevalence.


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The use of illicit tobacco products in Thailand results in USD 86 million to 173 million government revenue loss per year over the last ten years. Although Thailand has increased tobacco tax rates 10 times in the past 18 years, there is no correlation between the level of tobacco excise tax and illicitly traded tobacco. Since the government is losing up to USD 150 million per year from smuggled cigarettes, it is important to strengthen and enforce policies to combat illicit trade of tobacco products. 20

Analysis of the trade data in Vietnam indicates that inward smuggling outweighed outward smuggling in magnitude between 2002-2008. The number of net smuggled cigarette packs in the country in 2002 was 384.3 million packs, accounting for 10.25% of the domestic market. In 2006, the smuggled cigarettes fell between 30.9 million to 300.65 million packs. Another study also showed that enforcement of smuggling control policies has a strong impact on the reduction of smuggling activities. When resources for smuggling control and enforcement were provided, the net values of under-invoiced cigarettes traded into Vietnam fell immediately, although only temporarily. 21

In summary, illicit trade in tobacco products in ASEAN countries includes smuggling, serving as transit points for smuggling, and illicit production. While illicit tobacco trade does occur in ASEAN countries, increases in tax rates in ASEAN countries have had no direct correlation with increases of illicit trade in tobacco products.

Recommendations to Advance Tobacco Tax in the RegionParties to the FCTC recognize that price and tax measures are an effective and important means of reducing tobacco consumption by various segments of the population, in particular young persons (Article 6). As tobacco use is resulting in a growing number of diseases, disabilities, and premature deaths in developing countries and thus contributing to rising socio-economic burdens on their societies, national governments should take account of their national health objectives when developing and implementing their tobacco taxation policies:

- To discourage initiation among youths and curb current smoking, taxes should increase on an annual basis, utilizing a short-term strategy (1-3 years) to ensure that tax increases are significantly high enough to curb consumption and a long-term strategy, including indexation to inflation, to sustain tax increases that make tobacco products continually less affordable to further reduce consumption and generate substantial government revenues.

- Tax systems should be simplified and taxes applied uniformly across all tobacco products to discourage users from downtrading or switching to lower-priced products, to facilitate tax collection, and to prevent tax loopholes that the tobacco industry can exploit. Complicated systems like those of the tier-system should be avoided. Moreover, simplified tax systems make the tobacco industry more accountable for reporting to tax authorities, following government-established requirements with little or no room for negotiation.

In order to maximize the health and revenue benefits of their tax systems and prevent illicit trade from undermining their tobacco tax policies, tax administration and law enforcement should be strengthened to effectively monitor, prevent, and counter illicit trade activities using mechanisms such as licensing, due diligence, and track and trace systems described in the FCTC Protocol to Eliminate Illicit Trade in Tobacco Products. The collaboration between tax, customs, and health departments among ASEAN countries is essential to control illicit trade, particularly in the light of the ASEAN Economic Community (AEC).

Clear legal boundaries need to be established to clearly define the relationship between the government and the tobacco industry. Well-defined formal channels for interaction, penalties for deviation from these channels, and clear ethical and moral codes for their government officers when interacting with the tobacco industry.it should hold tax and customs officers accountable for their work performance while ensuring that codes of conduct and efficiency standards are maintained and strengthened. These should follow the international guidelines adopted to implement Article 5.3 of the FCTC.

With the initial short-term strategy recommended, the surge in government revenue derived from tobacco taxes should be allocated specifically to strengthen tobacco control and health promotion. National governments should also consider compelling the tobacco industry to pay a “health compensation” tax based on the health costs of tobacco-related illnesses that are borne by the government. This could be charged on a unit basis and will ensure that the government can utilize these funds in treating the various illnesses related to tobacco consumption by their citizens. Additional taxes like an environmental tax can also be introduced on top of other taxes applied to compensate for tobacco’s environmental harms.

National governments need to establish systems to effectively monitor tobacco consumption, price data, illicit tobacco trade, corruption, and changes within the tobacco industry. Monitoring should be consistent and ensure efficient information dissemination to key decision makers and central government agencies.


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Tobacco Tax in ASEAN Countries

BRuNEI DARuSSALAM

The most recent (2001) official smoking prevalence data for Brunei Darussalam showed an overall adult smoking rate

of 17.47%. The adult male smoking prevalence was 31.81% and female smoking prevalence was 2.94%, although with

rates as high as 12.69% among women over 65 years. 22 Unpublished survey data from 2010 shows no increase in

overall adult smoking prevalence. There is no available data on tobacco-related economic health costs, but healthcare

in Brunei Darussalam is fully paid for by the government.

Figure 6: Smoking prevalence by age group in Brunei Darussalam, 2001 22

0 % 5 % 10 % 15 % 20 % 25 % 30 % 35 % 40 % 45 %

FemalesMalesTotal

65+12.69

26.5719.49

45-549.50

24.8217.34

35-444.04

23.3714.24

25-342.17

33.0118.24

15-242.07

39.5520.64

9-141.47

27.9214.31

9-140.49

1.050.78

AgeGroup

With a population of just more than 400,000 people, Brunei Darussalam has no tobacco growers or manufacturers. All

tobacco products are imported, and the Ministry of Health, as the Tobacco License Authority, requires licenses for all

importers and retailers of tobacco products. A retail license costs BND 300 per year, while an import license costs BND

2,500 per year. Since October 2010, more stringent requirements have been imposed for retail licenses, prohibiting any

retail shop selling tobacco in any government buildings, markets, stalls, petrol stations, and within 1 km of a school. 24

Tobacco excise duties are imposed on a per stick basis on cigarettes and per weight basis on other tobacco products

(Table 5). No other taxes or levies are imposed on tobacco products. According to the Ministry of Finance Royal

Customs and Excise Department in November 2010, by command of His Majesty the Sultan and Yang Di-Pertuan of

Brunei Darussalam, amendments to excise duties for cigarettes, tobacco, and tobacco products through the Customs

Import Duties Order (Amendments 2010) and Excise Duties Order (Amendments 2010) were implemented in the

interests of the health and well-being of the people, especially in helping to reduce the risk of chronic diseases related

to smoking. 24 Consistent with the health objective of raising taxes, no duty-free concession is allowed for travelers

entering Brunei Darussalam.


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Table 5: Tobacco tax system in Brunei Darussalam

Pior to 1 Nov 2010 After 1 Nov 2010

Cigarettes BND 60/kg (calculated to be about BND 0.03 per stick) BND 0.25 per stick

Unmanufactured tobacco, Tobacco refuse BND 30/kg BND 60/kg

Beedies BND 60/kg BND 120/kg

Cigars, cheroots, cigarillos BND 100/kg BND 200/kg

Others BND 60/kg BND 120/kg

Concession for travelers Allowed (200 sticks only) Prohibited

Given the steep tax increases and stricter licensing requirements in 2010, as well as an increase in 2012 in the size of required pictorial health warnings from 50% to 75% of pack surfaces (fourth largest in the world), Brunei Darussalam has seen a decline in the number of licenses issued (Table 6) and the volume of products imported, which the government acknowledges as signs of declining tobacco consumption. 23

Table 6: Number of licensed tobacco retailers and importers in Brunei Darussalam, 2008-2012

YearRetail License

Licensed ImportersApplied Issued

Jun – Dec 2008 454 10

2009 462 9

2010 487 9

2011 333 271 6

2012 243 70 3 (only 2 are currently active)

Source: Department of Health Services, Ministry of Health, Brunei Darussalam

RecommendationsBrunei Darussalam is well positioned to reduce tobacco use at an accelerated pace and in recent years has shown the strength of its commitment to implement its obligations under the WHO FCTC.

In order to sustain this momentum:

- Excise taxes on tobacco should be increased regularly so as to continue to make tobacco less affordable.

- Effective policies must be evidence-based. Regular surveys should be undertaken to assess prevalence of tobacco use and the social and economic costs of such use.

- Plain or standardized packaging and larger health warning labels (FCTC Article 11 and 13), and regulating innovation in tobacco products (FCTC Articles 9 and 10) can assist Brunei Darussalam further.

- Brunei Darussalam must take steps to ensure that tobacco industry interference is prevented and countered (FCTC Article 5.3).


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CAMBODIA

Tobacco use amongst men and women in Cambodia is significantly high with around 43% of the male population and

17.2% of the female population believed to be using some form of tobacco. These usually take the form of cigarettes,

chewing tobacco, and pipe tobacco. Cigarettes are generally more popular among men while tobacco chewing is more

popular among women (Figure 7). 25

Figure 7: Percentage of tobacco use in Cambodia by gender and type, 2011

20%

40%

60%

80%

100%

0%

Men Women

3.5

42.5

Cigarettes

13.80.8

ChewingTobacco

0.20.1

Pipe

17.2

43

All

With a high number of people consuming tobacco in Cambodia, health costs are quite burdensome especially when

36% of the population lives below the poverty line. Poor families with at least one smoker spend around 9% of their

income on tobacco products, 26 and are unable to afford the added health costs in treating tobacco-related illnesses like

high blood pressure and lung and heart diseases, which have contributed to the growing burden of non-communicable

diseases in Cambodia. 27

About 10,000 people die from tobacco-related diseases every year in Cambodia. The percentage of deaths from all

tobacco-related diseases for Cambodians aged 30 years and over is as high as 17% in males and 8% in females. 28

Cigarettes in Cambodia have become more affordable over the years with the real prices of cigarettes remaining

relatively unchanged or decreasing while per capita GDP grew faster, causing affordability of all cigarettes to increase.

(Figure 8). 29


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Figure 8: Increasing affordability of cigarettes based on relative income price (RIP)*, 2002-2010

Lowest-CamboExpensive-555 Common-ARA

0%5%

10%15%20%25%30%35%40%45%50%

200420032002 2005 2006 2007 2008 2009 2010

*Relative Income Price = percentage of per capita GDP required to purchase 100 packs of cigarettes

Combined with the significantly low tax burden on cigarettes (20% - 25% of retail price), this has also contributed to the

decreasing price trends of cigarettes in Cambodia for both domestic and imported products. Moreover, the tax system

also needs to address the prevalence of tobacco chewing given that it follows cigarette smoking and is the most popular

form of smokeless tobacco.

It is evident that increasing taxes in Cambodia can help solve some of these pressing health issues. The General

Department of Taxation (GDT) is in charge of managing the country’s tax system and while the current system seems

quite straightforward with regards to tobacco tax, there are still some issues that need to be taken care of. For instance,

the system uses the tax base of 65% of invoice price and involves using different cost components which are not

consistent with those of the factories.

Major tobacco industry players in Cambodia include British American Tobacco, which also produces hand-rolled

cigarettes in the country, Viniton, and Altadis. These three dominate the tobacco market in Cambodia.

Recommendations

- Increase the excise tax rate from 10 % to 20% to 30%

- Increase the tax base from 65% to 100% of invoice price

- Increase the value of tax stamps and their quality

- Require that all cigarette importers, manufacturers, wholesalers, distributors, and hand-rolled cigarette makers be officially licensed

- Confiscate and destroy all cigarettes without the required tax stamps

- Strengthen tax compliance by increasing taxpayer services and enforcement measures.

*Please refer to the Cambodia Tobacco Tax Report Card for more detailed information.


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INDONESIA

Around 61.4 million Indonesians were estimated to be smokers in 2011. Men dominate prevalence trends, but there has also been an increase in the number of female smokers especially in recent years (Figure 9). In 2011, total prevalence rate reached around 36.1%. 30

Figure 9: Smoking prevalence trends in Indonesia, 1995-2011

Male Female Total

1995 2001 2004 2007 2010 2011

40

50

60

70

80

30

20

10

0

53.4

1.7

27

62.2

1.3

31.5

63.1

4.5

34.4

65.6

5.2

34.2

65.9

4.2

34.7

67.4

4.5

36.1

Health-care costs, likewise, have been estimated to be quite high; it is estimated to be around USD 13 billion in 2011 or 7.5 times more than the tax revenue generated in the same year. 31 The comprehensive but complex nature of the current multi-tier tax system does not effectively address this fiscal and public health anomaly. At present, the various tiers and production scales offer tobacco firms a number of different ways to avoid the highest tax brackets, legally or otherwise, which reduce the impact of tobacco tax increases on revenue generation and social welfare. While the Indonesian government introduced a Tobacco Industry Roadmap in 2007, which has three main priorities, namely employment, government revenue, and health, this is believed to be flawed in several ways. A larger uniform specific tax would greatly simplify administration, protect revenues from industry pricing competition, and facilitate revenue forecast.

Regarding the affordability of cigarettes in Indonesia, the Relative Income Price (RIP) continues to decrease from year to year. As a result, the cigarettes have become more affordable for consumers (Figure 10). 32

Figure 10: Increasing affordability of cigarettes based on relative income price (RIP)*, 2000-2010 32

0.000.010.020.030.040.050.060.070.08

20042003200220012000 2005 2006 2007 2008 2009 2010(Price of Cigarette X 100) / GDP per capita (Price of Cigarette X 100) / per capita national income



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The need to improve tax measures in Indonesia is also evident in the increasing cigarette production trends within the country. Total cigarette production has grown from around 180 billion sticks in the early 1990s to around 248 trillion sticks in 2011. With this dramatic increase in production and the relatively unchanged real prices of cigarettes for the past two decades, cigarettes have become more affordable and accessible to more people over the years. Because the market is currently dominated by three major companies, namely Sampoerna/Philip Morris International (29% market share), Gudang Garam (21.1%), and Djarum (19.4%), which collectively control 70% of the cigarette market, 33 it should be relatively easy to administer new tax measures.

In 2011, the government succeeded in increasing the average tobacco tax rate to 62% of the retail price. Nevertheless, in 2012, the tobacco tax rate decreased to 55% of the retail price due to the opposition from the tobacco industry against the government, because the legally allowable excise tax rate for all tobacco products is 57% of Government Retail Price (Harga Jual Eceran). Although tobacco tax increase has generated tobacco excise revenue over time, the amount of cigarette production has not decreased. Figure 11 shows the increase of cigarette production from 216.8 million sticks in 2006 to 258.6 million sticks in 2011, similar to the government revenue which has risen continuously from IDR 37.06 trillion in 2006 to IDR 73.25 trillion in 2011. 34

Figure 11: Tobacco excise revenue and cigarette production, 2006-2011 34

190200210220230240250260270

0

10

20

30

40

50

60

70

80280

2006 2007 2008

Cigare

tte Pr

oduc

tion (

billio

n stic

ks)

Tobacco Excise Revenue (IDR Trillion)

2009 2010 2011

216.8231.9

249.7 242.4 249.1258.6

37.0643.54

49.9255.38

63.29

73.25

Source: Ministry of Finance, Indonesia

Recommendations - The past tax increases imposed have not yet effectively reduced the demand for tobacco, and therefore the

price increase on cigarettes should be intensified.

- The government should amend the excise tax law to be able to increase tobacco tax rate to more than 57% of Government Retail Price (HJE) in order to effectively curb tobacco consumption

- In addition to raising taxes and prices, the tax system should be simplified to reduce the price gap between the most expensive and the cheapest cigarettes. This is important to reduce the substitution effect between brands of cigarettes that could lead to increased cigarette demand. This simplification of tobacco taxation system could be done by:

- eliminating production tiers - using a uniform specific tax - implementing tax increases across all tobacco products, and - automatically adjusting the specific tax for inflation

- The government needs to consider carefully how it will effectively use its revenues from tobacco tax. One of the proposed uses is to direct those funds toward public health. Given the expensive health costs brought about by tobacco consumption, the allocation for public health needs to be optimized vis-à-vis other proposed uses.

*Please refer to the Indonesia Tobacco Tax Report Card for more detailed information.


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LAO PDR

Based on a 2012 National Adult Tobacco Survey, around 43% of the adult male population and 8.4% of the adult

female population are believed to be smokers. Prevalence was also shown to be much higher amongst the poor in

rural areas. 35

Tobacco smoking causes a wide variety of serious diseases including stroke, chronic obstructive pulmonary disease

(COPD) and lung cancer. The total costs of in-patient health-care of these smoking-related diseases in Lao PDR

reached LAK 28,507,000,000 (USD 3,341,577) in 2007 (Figure 12), representing 0.8% of Lao PDR’s GDP and 22%

of Lao PDR’s health expenditure. Households directly financed 77% of these costs; the rest was financed either by

the government (21%) or by the insurance sector (2%). From these findings, it can be seen that health-care costs are

mainly borne by families themselves and given that the majority of these families are poor, greater challenges will

emerge if effective measures are not taken to curb smoking in the country. 36

Figure 12: Estimates of health-care costs of smoking-related diseases in Lao PDR, 2007

0

1,000,000

2,000,000

3,000,000

4,000,000

5,000,000

6,000,000

Lung cancer

Mean

cost

in La

o Kip

Cerebralthrombosis

Chronicbronchitis

Pulmonaryemphysema

While prices of expensive cigarettes in Lao PDR have increased in the past ten years from around LAK 10,000 in 1999

to around LAK 18,000 in 2010, prices for local brands that are relatively cheaper have remained quite stable without

much increase compared to expensive brands. Moreover, local brands are much cheaper and more affordable to the

majority of consumers in Lao PDR (Figure 13). There is still much more room for the government to raise tobacco tax

rate in order to curb tobacco consumption.


RIP-Average Price BrandRIP-Cheapest BrandRIP-Expensive Brand

0.%10%20%30%40%50%60%70%80%90%

100%

200420032002200120001999 2005 2006 2007 2008 2009 20104.93% 2.96%

11.88%

4.67%

49.30%

21.28%



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While there is interest within the government to utilize tobacco taxation as both a fiscal and public health tool, the current

tax system has a major obstacle that the government needs to overcome, which is its 25-year (2001-2026) Investment

License Agreement with the tobacco industry. This contract offers various benefits to the local tobacco industry and, in

particular, limits the excise tax rate from the legally stipulated 60% to a mere 15% to 30%. This prevents the government

from collecting a substantial amount of tobacco tax that can be utilized for various national programs including health

promotion for its citizens.

The government recently approved the National Decree on Tobacco Control Fund, dedicating 2% of the industry profit

tax for tobacco control activities.

The current biggest cigarette manufacturer in Lao PDR is Lao Tobacco Company limited, a joint venture between

the Lao government and Imperial Tobacco Group. Lao-China Lucky Tobacco Company Limited is the second biggest

manufacturer in Lao PDR and is solely owned by a Chinese company.

Recommendations

The Lao government is being held hostage by tobacco companies through the 25-year Investment License Agreement

of the government with the tobacco industry, which severely limits government revenues from tobacco excise taxes.

This contract should be re-examined, challenged, and eventually rescinded in favor of the government.

In spite of the Investment License Agreement, the government was successfully able to increase revenue through

additional specific excise taxes (LAK 100 per pack) in January 2010 and another increase (LAK 500 per pack) in March

2011, with its associated increase in the retail prices of cigarettes that provides more incentive for decreasing tobacco

consumption. Thus, while the ILA is being scrutinized, the government should:

- Continue increasing the additional specific excise tax by at least LAK 500 per pack every year with a view to

reducing cigarette affordability.

- Study the real production costs of cigarettes and determine if the production costs are in fact higher than those

declared by the tobacco industry.

- Maximize tobacco excise tax rates from 15% under the ILA to 30%.

In order to maximize the benefit of its Tobacco Control Fund, the government should establish and implement effective

tobacco control programs and activities that educate the public on tobacco harms, discourage youth initiation of

smoking, and promote cessation of tobacco use.

*Please refer to the Lao PDR Tobacco Tax Report Card for more detailed information.


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MALAYSIA

Adult smoking prevalence in Malaysia was estimated in 2010 to be around 21.5% (43.6% among males and 1.6%

among females). 38 The 2009 Global Youth Tobacco Survey found that 19.5% of 13 to 15-year-olds use some form of

tobacco products with 18.2% smoking cigarettes and 9.5% using other tobacco products. 39

In 2004, the total smoking-attributable cost of three tobacco-caused diseases (chronic obstructive pulmonary disease,

ischemic heart disease, and lung cancer) amounted to around USD 790.47 million or equivalent to 16.49% of the

National Health Expenditure or 0.74% of the country’s GDP. The burden on health-care providers was estimated at

USD 533.77 million, and the total health-care costs were projected to increase from USD 790.47 million in 2004 to USD

1.03 billion in 2010 or a 31% increase over the next 6 years (Figure 14). 40

In 2002, smoking accounted for 25% of all deaths. In 2006, smoking- caused diseases accounted for at least 15% of

hospitalized cases and about 35% of hospital deaths. 41

Figure 14: Projected health-care costs for 3 smoking-related diseases in Malaysia (in MYR), 2004-2010

2004 2005 2006 2007 2008 2009 2010

3,836,334,908

2,813,928,186

689,615,398

150,108,710132,683,974

544,475,620

2,247,596,456

544,475,620

Billion 0

500,000,000

1,000,000,000

1,500,000,000

2,000,000,000

2,500,000,000

3,000,000,000

3,500,000,000

4,000,000,000

4,500,000,000

Chronic Obstructive Airway Disease

Lung CancerIschemic Heart Disease

Total Cost of Three Disease

Source: Third National Health and Morbidity, Ministry of Health 2007

The cigarette market in Malaysia appears to be declining due to a rise in taxes (and prices) and other tobacco control

measures put in place. Despite the government’s introduction of a minimum price for cigarettes to induce a reduction in

smoking, it was reported that British American Tobacco (BAT) engaged in price-cutting in November 2009 by lowering

the prices of its popular brands including Pall Mall. The three main tobacco companies in Malaysia are British American

Tobacco Malaysia, Japan Tobacco International Berhad, and Philip Morris International. In 2009, BAT reportedly

controlled 61% of the tobacco market share while JT had 19% of the market share and PMI the other 18% (Table 7).

These three major companies accounted for about 96% of the sales volume for that same year. It was also observed

that the industry applied innovative packaging strategies to boost cigarette sales amongst different target groups. 42


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Table 7: Cigarette brand market share, 2008-2009 43

Brand Company 2008 2009

Dunhill BAT 42.8 43.7

Marlboro PMI 11.2 11.6

Winston JTI 9.6 10.1

Pall Mall BAT 8.9 9.4

Salem JTI 7.7 7.9

L&M PMI 7.1 6.6

Kent BAT 2.0 2.2

Peter Stuyvesant BAT 2.0 1.5

Lucky Strike BAT 1.5 1.3

Porilly’s BAT 1.3 1.1

Other 6.0 4.5

TOTAL 100.0 100.0

Source: Euromonitor International, 2010

As of 2010, the total tax on the most popular brand of cigarettes constitutes about 54% of the retail price, and cigarettes

were set at a minimum price of MYR 6.40 per pack. Since September 2012 the minimum price has been raised to MYR

7.00 per pack of 20 sticks. 44 Cigarette affordability in Malaysia, was found to have increased by 1.9% annually from

2005 to 2009, showing that tobacco taxes and prices have not increased at a rate high enough to equal income growth,

so cigarettes are becoming more affordable. 45

Recommendations

Tobacco companies will find ways to keep cigarette prices cheap and affordable. As the government tightens up bans

on tobacco promotions and other control measures, tobacco companies will increasingly utilize cigarette pack designs

and innovation to make them more appealing to the young and new smokers. Since the bulk of the market is controlled

by only three transnational tobacco companies, who are all aware of the FCTC, the government should be both strong

and confident to enforce all obligations under the FCTC to reduce tobacco consumption. Tobacco tax should be used

increasingly as a tobacco control measure.

- Tax increase must be substantial, consistent with inflation and followed by proportionate increase in cigarette

prices.

- Since effects of tobacco related diseases are manifest in later life, health-care costs should have increased

further compared to estimates in 1998. An update of smoking-attributable socio-economic cost of diseases

should be conducted.


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MYANMAR

Around 23% of Myanmar’s 50 million people are estimated to be smokers with 33% of men and an alarming 15% of

women being smokers. While the sentinel prevalence studies of tobacco use conducted in Myanmar show that smoking

prevalence is gradually declining, there is also a significant and steadily growing prevalence of smokeless tobacco use,

such as chewing of betel quid with tobacco, with most recent estimates at 20.8% (31.8% of men and 12% of women)

(Figure 15). Examining the various types of tobacco available and their affordability may explain these prevalence

trends.

Figure 15: Prevalence of tobacco use among adults (>15 years), 2001-2007

20%

40%

60%

80%

100%

0%Current Smokers

Adul

t Pre

vale

nce

Current Smokeless Tobacco Users

31.1 28.5 23.114.9 15.2 20.8

2001 2004 2007

Source: Brief Profile on Tobacco Control in Myanmar, Ministry of Health, 2009.

There is a wide variety of tobacco products available in Myanmar. Betel quid with tobacco is the most popular form of

tobacco use (45%) closely followed by cheroots (43%). Other forms include hand-rolled cheroots, chewing tobacco,

cigars, and cigarettes, though these take up much smaller portions of the tobacco market. The smoking population is

believed to be concentrated in the central plains mainly because of the presence of the local cheroot cottage industries

in the area. Popular cigarette brands include London, Vegas, Duya, and Golden Triangle. 46

Figure 16: Types of smoked and smokeless tobacco (%)

Betel quid withtobacco

45%

Cheroots43%

Hand-rolled cheroots3%

Chewing tobacco1% Cigar

3% Cigarettes5%

Source: Brief Profile on Tobacco Control in Myanmar, Ministry of Health, 2009.


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Prices of tobacco products in Myanmar have become relatively cheaper over the past two decades. Cheroots, which

are the most popular form of smoked tobacco, cost around MMK 12.36 in 1991 but dropped to around MMK 7.4 in 2000.

This is reflective of the low tax rates applied on cheroots compared to those on locally manufactured cigarettes. Under

Myanmar’s 1990 Commercial Tax Law, all tobacco products are taxed; however, tax rates vary depending on the type

of tobacco (Table 8). Imported raw tobacco is taxed at 7.5% of landed cost plus 30% of CIF value. Imported cigarettes

are taxed at the same rates as imported raw tobacco.

Table 8: Tobacco tax rates for locally produced tobacco in Myanmar, 2012 6

Locally produced tobacco products Excise tax rate

Cigarettes 100%

Cheroots 50%

Cigars and pipes 50%

Tobacco 50%

Virginia tobacco, cured 50%

Pipe tobacco 50%

The recent tobacco tax increases show the commitment of the Myanmar government to reducing tobacco consumption

and tobacco harms, but whether they will actually help discourage tobacco consumption remains to be seen. In addition,

when differential tax rates are applied to different types of tobacco products, including imported versus domestic, users

may shift to cheaper forms.

A study conducted in 2003 estimated the health costs of nine tobacco-related diseases in Myanmar. These included

lung cancer, head and neck cancer, pulmonary tuberculosis, chronic obstructive airway disease, other respiratory

diseases, ischemic heart disease, stroke, and hypertension. Costs for treating pulmonary tuberculosis and ischemic

heart disease induced by tobacco smoking were highest followed by stroke and hypertension. The country saw a

steady rise in admissions for tobacco-related diseases from 1995 to 1999. In 1995, around 803,505 patients were

admitted for tobacco-related diseases while in 1999 this increased to 869,153 patients. 47

Cigarette production is believed to be increasing after declining from the year 1985 – 1994. The industry is dominated

by local cheroots factories and cottage industries. The country has two state-owned factories that produce cigarettes.

The market is also believed to be growing with the government opening up to imports through its laxer import duties.

Recommendations - Utilize tobacco tax as a tobacco control measure. Apply tax increases across all tobacco products to close

the price gap between product types and thus prevent users from shifting from one form of tobacco product to another.

- Undertake regular surveillance of both smoked and smokeless tobacco use, as well as tobacco-related diseases and the economic costs of their treatment.

- Increase public awareness of the harms of both smoked and smokeless forms of tobacco use, including applying large pictorial health warnings on all tobacco product packages in accordance with the FCTC Article 11 guidelines.


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PHILIPPINES

According to the most recent surveys, the adult smoking prevalence in the Philippines is 28.3% (equivalent to 17.3

million adult Filipinos), 48 while 13.7% or 4 million Philippine youths aged 13-15 years are also current tobacco users. 49

Among adult males, the prevalence is 47.7% (14.6 million adults), and among women it is 9.0% (2.8 million adults).

With such high prevalence rates, smoking attributable health-care costs were estimated in 2003 at USD 2.86 billion to

USD 6.05 billion for the top four major tobacco-related diseases: cerebro-vascular disease, coronary artery disease,

lung cancer, and chronic obstructive pulmonary disease (Table 9) .50 In 2012, these costs were estimated at USD 4.6

billion .51

Table 9: Summary of economic costs for four smoking-related diseases (in USD), 2003

Method of Estimation Peto-Lopez SAMMEC

Lung Cancer 76,074,756 202,306,009

Cerebro-Vascular Disease 1,162,644,477 3,476,758,951

Coronary Artery Disease 1,267,531,634 246,984,579

Chronic Obstructive Pulmonary Disease 550,144,348 728,135,692

Total All 4 Diseases 2,855,168,287 6,045,848,339

In order to reduce both the negative health and socio-economic burdens caused by tobacco, the government recently

passed Republic Act (RA) 10351 or the Sin Tax Reform Act of 2012, 52 considered a milestone in legislation for instituting

much needed reforms that had failed to pass for the previous 16 years.

Prior to RA 10351, the Philippine Tax Code stipulated a four-tier specific excise tax system in collecting cigarette taxes,

using rates that were quite low compared to neighboring countries with similar economic development characteristics.

Based on 2011 prices of the most popular local and foreign brands (PHP 12.77 or USD 0.27 per pack for Fortune,

PHP 29.27 or USD 0.63 per pack for Marlboro, respectively) the cigarette excise tax as a percentage of gross retail

price was only 39% for Marlboro, and only 19% for Fortune. With the addition of value-added tax (VAT), total tax on

cigarettes as percentage of gross retail price was 50% for Marlboro and 30% for Fortune, still far below the World

Bank’s recommended rate of 65% to 80% of the gross retail price.

The old tax system also provided protection for old brands by classifying them in the lower-priced categories based

on their 1996 net retail prices (NRPs), imposing on them a minimal tax between PHP2.00-PHP12.00 only, despite the

fact that their retail prices had risen over the past 16 years. If products had been reclassified according to current retail

prices, many brands would have been placed in the higher-priced categories and subject to higher excise tax rates.

Because of this price classification freeze, the excise burden had been continually eroded by inflation, resulting in

declining government revenues (Figure 17) 53 and increasingly more affordable cigarettes (Figure 18). 54


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Figure 17: Declining tobacco tax revenues as % of total government revenues, 1997-2010

% to Total Tax Revenues

1

1.5

2

2.5

3

3.5

4

4.5

20042003200220012000199919981997 2005 2006 2007 2008 2009 2010

Source: Department of Finance, Philippines

Figure 18: Increasing affordability of cigarettes based on relative income price (RIP)*, 1999-2009

Most Popular Low-PricedMost Popular Medium-PricedMost Popular High-Priced

0%

1%

2%

3%

4%

5%

200420032002200120001999 2005 2006 2007 2008 2009

Rela

tive

Inco

me

Pric

e


In addition, the sales of low-priced cigarette brands had risen significantly in the past several years in comparison to

medium- to high-priced brands (Figure 19), 55 leading to increased tobacco consumption and its attendant health harms.

Figure 19: Increasing consumption of low-priced brands (in millions of packs), 1993-2008

1993

1994

1995

1996

1997

1998

1999

2000

2001

2002

2003

2004

2005

2006

2007

2008

0

500

1,000

1,500

2,000

2,500

3,000

High-pricedMedium-pricedLow-priced

Number of Cigarette Packs Sold, in Million

Source : BIR data on removals


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Table 10: Comparison of old and new excise tax systems for machine-packed cigarettes

Flaws of old tax system Reforms instituted by RA 10351

price classification frozen at 1996 net retail prices (NRP = price excluding excise tax and VAT)

removal of price classification freeze and reclassification of brands every 2 years

four-tiered rates for cigarettesshift to unitary rate

(2 tiers in 2013, single rate by 2017)

small increases not indexed to inflationannual 4% increase

(as proxy for inflation) by 2018

Effective 1 January 2013, the following excise rates were implemented (Tables 11 -13).

Table 11: Specific excise tax per pack for machine-packed cigarettes based on net retail price (in PHP)

Old system RA 10351

2012 2013 2014 2015 2016 2017 2018

NRP Excise tax NRP Excise tax

below 5.00 2.72 11.50 and below

12.00 17.00 21.00 25.00

30.00annual

4% increase

5.00 to 6.50 7.56

6.51 to 10.00 12.00 more than 11.50

25.00 27.00 28.00 29.00more than 10.00 28.30

Table 12: Specific tax per pack for hand-packed cigarettes based on net retail price (in PHP)

Old system RA 10351

2012 2013 2014 2015 2016 2017 2018

2.72 12.00 15.00 18.00 21.00 30.00 annual 4% increase

Table 13: Excise tax per cigar based on net retail price (in PHP)

Old system RA 10351

NRP 2012 2013 2014

500.00 or less 10% of NRP20% of NRP plus

PHP 5.002013 rate + specific tax increased by 4%more than 500.00

PHP 50.00 plus 15% of NRP in excess of

PHP500.00


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Although earmarking of incremental sin tax revenues has previously been legislated, the new law innovates by

earmarking 15% of the incremental revenue collected from tobacco excise taxes “for programs to promote economically

viable alternatives for tobacco farmers and workers”. In addition, 80% of the remaining balance of the incremental

revenue will be allocated for Universal Health Care under the National Health Insurance Program, the attainment of the

millennium development goals (MDGs) and health awareness programs; and 20% shall be allocated nationwide, based

on political and district subdivisions, for medical assistance and health enhancement facilities program as determined

by the Department of Health (DOH).

While the new law is excellent in many respects, the tobacco industry and pro-industry legislators have predicted that it

will be a failure in terms of both revenue generation and public health. The main challenges therefore will be its full and

effective implementation, as well as tactics of the industry to hinder and/or sabotage its success.

An additional challenge will be the re-entry of British American Tobacco (BAT) into the local market, now that the price

classification freeze has been removed, bringing in products meant to grab some of the 92% market share of the near-

monopolistic industry player, Philip Morris Fortune Tobacco Corporation. 56

Recommendations

The government should:

- Ensure effective implementation of RA 10351, particularly strengthening tax administration and anti-smuggling

measures, as well as the proper and full use of earmarked revenues for Universal Health-care, attaining

the MDGs, health awareness programs, and promoting alternative livelihoods for farmers, which should

be reflected in the Implementing Rules and Regulations to be promulgated by the Secretary of Finance in

consultation with the Department of Health.

- Monitor, anticipate, and counter tobacco industry tactics to undermine implementation of the new sin tax law.

- Review the rate of excise tax and its impact on consumption, prevalence and revenues and consider amending

the law to continually reduce the affordability and consumption of tobacco as well as the corresponding health

costs towards achieving medium and long term health targets.

- Move towards the use of tobacco taxes as a sustainable funding source for health promotion in order to

empower Filipinos to prevent and control the risk factors that threaten their good health, foremost of which is

tobacco use.

*Please refer to the Philippines Tobacco Tax Report Card for more detailed information.


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SINGAPORE

Singapore has come a long way since it banned tobacco advertising and began restricting smoking in public places

in 1970. Over the years, Singapore has gradually expanded its tobacco control policies and programs to reduce both

supply and demand for tobacco, including pictorial health warnings, public awareness campaigns, smoking cessation,

and incremental increases in tobacco tax.

All tobacco products are imported and subject to excise tax or duty. For tobacco products in stick form (e.g. cigarettes)

weighing less than 1 gram, the excise duty is SGD 0.352 per stick and each additional one-gram or part thereof is

subject to an additional duty of SGD 0.352. For unmanufactured tobacco and cut tobacco, the excise duty is SGD

300.00 per kg. For beedies, ang hoon, and smokeless tobacco, the excise duty is SGD 181.00 per kg. For all other

tobacco products, the excise duty is SGD 352.00 per kg. An additional 7% goods and services tax (GST) -- on the cost,

insurance and freight incurred plus tobacco tax -- is imposed on top of the above excise duties.

Table 14: Excise tax on cigarettes, 2013

Excise tax/stick

Excise tax/pack

Retail price w/o GST

GSTRetail price with GST

Excise tax incidence

Total tax incidence

SGD 0.352 SGD 7.04 SGD 10.56 0.7392 SGD 11.30 67% 69%

Up to March 2003, excise duty on cigarettes was by weight per kilogram of tobacco. From July 2003, excise duty

on cigarettes was revised to a unit-based (per stick) system (Table 15 ). This change to a unit-based system was in

response to the emergence in 2000 of low-priced cigarettes that had less tobacco content and less weight per cigarette

and which, due to their price, were attracting young people to smoke and encouraging smokers to smoke more, as

evidenced in a shift in consumer behavior pattern (sales of low-priced cigarettes increased from 6% in 2000 to 25% in

2003).

Table 15: Excise taxes on cigarettes, 1972-2012

Year Excise Duty of Cigarettes (SGD) Retail Price 20 sticks (SGD)

1972 N/A N/A

1983 14 per kg N/A

1987 34 per kg 2.80

1990 42 per kg 3.30

1991 50 per kg 3.70

1993 60 per kg 4.90

1995-98 115 per kg 5.50

1998-99 130 per kg 5.80

2000 150 per kg 6.40

2001 180 per kg 6.90

2002 210 per kg 6.50

Mar 2003 255 per kg 7.70

July 2003 0.255 per stick of <1g 8.50

2004 0.293 per stick of <1g 9.50

2005-2012 0.352 per stick of <1g 11.00


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Overall, with its general tobacco control strategy, Singapore has done a good job at reducing daily smoking prevalence among adults aged 18 years and older: from 18.3% in 1992 to 15.2% in 1998 to 12.6% in 2004. This reduction correlates well with the 300% increase in cigarette prices, averaging a 4% increase in price each year, and resulting in a 57% decrease in per capita cigarette consumption from 1987 to 2005 (Figure 20 ). 57

Figure 20: Real retail price vs. per capita cigarette consumption, 1987-2005

0123456789

10

1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 20050.200.400.600.801.001.201.401.601.802.002.20

Real

Retai

l Pric

e (SG

D)

Per C

apita

Con

sump

tion

Per Capita ConsumptionReal Price

Adult smoking prevalence has increased, however, from 12.6% in 2004 to 13.6% in 2007 (23.7% among men and 3.7% among women), with the highest prevalence (17.2%) among 18-29 year olds. 58 This higher prevalence rate, consistent with the increase in per capita consumption from 2006 to 2009 (Figure 2) and very similar to the prevalence rate in 2001, may be attributed in part to the stagnation of tobacco excise taxes (no increase since 2005) in a setting of continuing economic growth and purchasing power. Thus, even with relatively high prices, cigarettes have become more affordable over recent years. If Singapore is therefore to effectively address its leading causes of death, it needs to curb tobacco consumption even more.

Tobacco companies warn governments not to increase tobacco tax claiming it would result in increased smuggling; however, Singapore has been able to successfully curb cigarette smuggling and keep its incidence low. In 2007 and 2008, around 4.4% of cigarettes were smuggled, but this was significantly reduced in 2009 to around 2.37%. More recently, Singapore Customs proudly announced that with its strengthened enforcement, contraband cigarette supply has continued to shrink: from 5.3 million packs seized in 2006 to 2.3 million packs seized in 2010. 59 This can be attributed to Singapore’s integrated and multi-pronged-government tobacco control strategy that includes not only demand reduction measures, but also supply reduction measures such as strengthening customs enforcement, which subsequently saw an increased number of arrests and seizures for cigarette smuggling. 60

Recommendations - In addition to considering plain or standardized packaging of tobacco products, Singapore should raise

tobacco taxes even further in order to reduce affordability and discourage smoking especially among young people, as real prices have likely dropped in recent years in relation to nominal prices.

- Singapore should consider documenting its successes in combating cigarette smuggling and share these with neighboring ASEAN countries, as well as with the FCTC Conference of the Parties in relation to implementation of Article 15 and the recently adopted Protocol To Eliminate Illicit Trade in Tobacco Products.


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THAILAND

Health costs derived from tobacco-related illnesses revealed that lung cancer, coronary heart diseases, and chronic obstructive pulmonary diseases were major contributors to Thailand’s health-care costs in 2006. This resulted in an estimated total cost of around USD 220 million to treat these three diseases alone. 61 Like other countries, prevalence rates in the country are much higher amongst males than females. 62

Figure 21: Smoking prevalence in Thailand, 1991-2011

Male Female Total

1991 1996 2001 2004 2007 2009

40%

50%

60%

70%

80%

30%

20%

10%

0%2011

59.3354.46

48.4443.69

4.95 3.5 2.95 2.64

41.7

1.94

45.6

3.1

32 28.81 25.47 22.98 21.22 23.7

46.6

2.6

24

The Thai Global Adult Tobacco Survey (GATS) 2011 showed an overall smoking prevalence of 24%, compared to 32% in 1991; however, there was a 1% increase in smoking prevalence among adult males from 45.6% to 46.6% between 2009-2011, but a decrease in female adult smoking prevalence from 3.1% to 2.6%. This was the first time in 20 years that smoking prevalence in Thailand showed any increase, prompting the Thai Cabinet in June 2012 to approve the Ministry of Health’s National Tobacco Control Plan and also, on 21 August 2012, to increase tobacco taxes for the tenth time in 18 years, from 55% of the ex-factory price in 1992 to 87% in 2012.

Through a range of tobacco control measures, Thailand reduced its number of smokers by 5.7 million persons between 1991-2011. Despite several tax and price increases and slowly declining smoking prevalence rates, cigarette sales volumes have remained relatively constant, even as tax revenues have increased more than four-fold (from THB 15.44 billion in 1992 to THB 59.91 billion in 2012). However, noting that the current adult smoking prevalence had slightly increased in 2011, the government mandated another tax increase in 2012 and began a process to amend and strengthen their tobacco control legislation (Figure 22). 63

Figure 22: Impact of tax increase on tobacco tax revenue and smoking prevalence, 1991-2012

CigaretteTax Rate (%) Current Smoking (%) CigaretteTax Revenue (Bil. Baht)

19910%

10%

20%

30%

40%

50%

60%

70%

80%

90%

1996 2001 2004 2009 2011 20122007

32.00 28.81 31.78 36.16

41.77 43.9157.19

59.91

20.70 24.00 24.0021.2222.0825.4724.09

15.90

68

55

75 7580 85 85

87


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The major portion of the industry belongs to the Thailand Tobacco Monopoly along with 14 private companies with all domestic production of cigarettes monopolized by law. Premium brands dominate the market followed by standard to low-priced brands, however, with the recent increase in the tax rate, low-priced brands are expected to increase in sales.

Below are the 2012 government-adjusted tobacco tax rates on all types of tobacco aimed at both controlling cigarette consumption and increasing revenue (Table 16). 64

Table 16: Comparison between the previous and new tobacco tax rate in 2012

Types of tobacco

Previous tax rate New tax rate

Ad valorem rate (percent)

(ceiling rate: 90%)

Specific rate (ceiling rate: THB 3/gram)

Ad valorem rate(percent)

(ceiling rate: 90%)

Specific rate (ceiling rate: THB 3/gram)

Shredded Tobacco 0.1 THB 0.001/gram 10 THB 0.01/gram

Cigarette 85 - 87 THB 1.00/gram

Cigar 10 THB 0.50/gram 20 THB 1.00/gram

Other Tobacco 0.1 THB 0.004/gram 10 THB 0.01/gram

Blended Shredded Tobacco

10 THB 0.50/gram 20 THB 1.00/gram

Chewing Tobacco 0.1 THB 0.09/gram 10 THB 0.10/gram

The new adjustment of tobacco tax rates attempts to prevent the down-trading effect in shifting consumption to low

priced tobacco products particularly roll-your-own (RYO) or shredded tobacco. It is expected that the production cost

will increase, leading to increases in the retail price and resulting in gradually reduced consumption.

Recommendations - Despite the inclusion of native tobacco varieties in the tobacco tax system, their tax rates are still very low

and should be increased to the same level as other types of tobacco in order to prevent a downtrading effect.

- The cigarette tax rate across all tobacco products should regularly increase at a higher rate than inflation in order to reduce then affordability of tobacco products.

- Harmonize the Thai tobacco tax system with the regional tax system (both tax policy and tax administration) by 2015 to support the ASEAN Economic Community (AEC) and coordinate the enforcement scheme in illicit trade among ASEAN member countries.


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VIETNAM

Smoking prevalence among males in Vietnam is quite high with around 47.4% adult males believed to be smokers, while

only around 1.4% adult females are estimated to be smokers. Around 15.3 million people out of the total population of

85 million are smokers in Vietnam. 65

The Ministry of Health, in their health survey in 2007 discovered that Vietnam faces a high burden of non-communicable

diseases, accounting for the largest share of annual mortality, 62.4% of hospital reported cases, and morbidity, 61.6%

of hospital reported cases. This has also led to a higher number of non-communicable diseases in Vietnam accounting

for the largest share of annual morbidity. It was estimated in 2008 that there were around 40,000 tobacco-use related

deaths in Vietnam, and this figure is set to rise to well above 50,000 annually by 2023. 66 The total health costs for three

diseases caused by smoking in Vietnam in 2007 alone reached USD 143.7 million. 67

Currently, tobacco tax contributes around 2% to the country’s annual government revenue. Given the slow increase in

tobacco tax rates, it can be seen that even though the government has witnessed an increase in tobacco tax revenue,

the percentage share from tobacco tax revenue has been generally declining in the past several years (Figure 23).

Figure 23: Government tobacco tax revenue and percentage share of total government revenue from tobacco tax (in USD), 2005-2011

0

100

200

300

400

500

600

700

380.2

378.8

395.6444.7

521.1

576.9649.4

2005 2006 2007 2008 2009 2010 2011

Tobacco Tax Revenue Percentage Share of Total Revenue

2.52

2.1

1.88 1.81

2.18 2.13 2.11

0 %

0.5 %

1 %

1.5 %

2 %

2.5 %

0 %

0.5 %

1 %

1.5 %

2 %

2.5 %

3 %

3.5 %

Source: Ministry of Finance, Vietnam (2012).

The tobacco tax system has undergone a number of changes over the years. However, since tobacco tax has not been

significantly increased over the past 10 years, tobacco products have become more affordable in Vietnam over time.

Between 1998 and 2009, inflation-adjusted prices of tobacco products declined by approximately 20%, but at the same

time the real per capita income has increased more than double thanks to the fast pace of economic growth.

The real price of cigarettes in Vietnam is low and has been decreasing in recent years, while at the same time, per

capita income has risen significantly. Therefore, cigarettes have become more and more affordable in the country,

which is reflected in the increasing volumes of production and sales of cigarettes in Vietnam in the past 10 years

(almost 7% increase per year) (Figure 24).


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CheapestMost PopularMost Expensive

0%

5%

10%

15%

20%

25%

200420032002200120001999 2005 2006 2007 2008 20091998


While higher taxes could translate into higher prices, the current tobacco tax as a percentage of retail sales is low

(41.6%) compared to the World Bank’s recommended level of 65% to 80%.

The market consists of a plethora of brands but there are few that dominate the industry. These include Vinataba,

White Horse, Craven A, Tourism, and 555 State Express. Of these five brands, Vinataba brand had the highest market

share in 2005 taking hold of 6.8% of the industry’s market share. White Horse had a 5.9% market share and 555 State

Express had a 4.8% market share. 69

Cigarette smuggling is a major concern in Vietnam. The most popular brands of smuggled cigarettes are 555, Jet, Hero,

White Horse, Marlboro, and Dunhill. The modes and routes of smuggling are varied, but the most popular route is via

shared geographical borders with Lao PDR and Cambodia. Sale of smuggled cigarettes is widespread in the market.

Recommendations

The Vietnamese government should increase tobacco tax at a rate higher than the combination of inflation and income

growth so that tobacco demand will be curbed over time, thus fulfilling the country’s health objective and obligation

under the WHO FCTC, as well as implementing the Prime Minister’s decision on implementation of the WHO FCTC. It

is estimated that if Vietnam increased tobacco tax by 20% a year, the price would increase by about 10%. This will result

in a decrease in consumption of about 5%, but at the same time increase government revenue by about VND 1,900

billion (USD 100 million) each year, providing a significant funding source for tobacco control and health promotion, as

well as other social services. In addition, the government should work hand in hand to facilitate the establishment of

tobacco control and health promotion fund mechanism in order to provide public with tobacco control knowledge and

reduce the number of new smokers in the near future.

*Please refer to the Vietnam Tobacco Tax Report Card for more detailed information.


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Towards a healthy,tobacco-free ASEAN

Mission:Working together

to save livesby accelerating

effective implementationof the FCTC

in ASEAN countries

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