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中华人民共和国烟草专卖法实施条例 REGULATIONS FOR THE IMPLEMENTATION OF THE LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON TOBACCO MONOPOLY

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国务院令第223号
(Promulgated by Decree No. 223 of the State Council of the People's Republic of China on July 3, 1997)
  颁布日期:19970703  实施日期:19970703  颁布单位:国务院

  Chapter I General Provisions

  Article 1 These Regulations are formulated in accordance with

  Article 2 Tobacco monopoly means that the State practises the system of monopoly operations and unified control over the production, sales and import export businesses of tobacco monopoly products.

  Article 3 The cut tobacco in tobacco monopoly products refers to commodities in cuts, dust and granule processed with leaf tobacco, redried leaf tobacco and leaf tobacco slices as raw materials.

  Article 4 For performance of functions, responsibilities and leadership system of the department of tobacco monopoly administration under the State Council and the departments of tobacco monopoly administration of the provinces, autonomous regions and municipalities directly under the Central Government, the provisions of Article 4 of

  Article 5 The State exercises control over the tar content in cigarettes and cigars and main additives for cigarettes and cigars. Tobacco products production enterprises must not use hazardous additives and pigments in violation of the relevant provisions of the State.

  Chapter II The Tobacco Monopoly Licence

  Article 6 Anyone engaging in the production, wholesale and retail businesses, operating tobacco monopoly product simport-export businesses and operating foreign tobacco products purchasing-marketing businesses must, in pursuance of the provisions of

  Tobacco monopoly licences are divided into:

  (1)tobacco monopoly production enterprise licence;

  (2)tobacco monopoly wholesale enterprise licence;

  (3)tobacco monopoly retail licence; and

  (4)special tobacco monopoly operating enterprise licence.

  Article 7 For the obtainment of a tobacco monopoly production enterprise licence, the following conditions should be met:

  (1)having appropriate funds for the production of tobacco monopoly products;

  (2)having the required conditions of technology and equipment for the production of tobacco monopoly products;

  (3)compliance with the requirements of the industrial policy of the State on the tobacco industry; and

  (4)other conditions prescribed by the department of tobacco monopoly administration under the State Council.

  Article 8 For the obtainment of a tobacco monopoly wholesale enterprise licence, the following conditions should be met:

  (1)having adequate funds for operating tobacco monopoly products wholesale business;

  (2)having a fixed site for the operations and necessary specialized staff;

  (3)compliance with requirements for rational distribution of tobacco monopoly wholesale enterprises; and

  (4)other conditions prescribed by the department of tobacco monopoly administration under the State Council.

  Article 9 For the obtainment of a tobacco monopoly retail licence, the following conditions should be met:

  (1)having adequate funds for operating tobacco monopoly products retail business;

  (2)having a fixed site for the operations;

  (3)compliance with requirements for rational distribution of tobacco monopoly products retail points; and(4)other conditions prescribed by the department of tobacco monopoly administration under the State Council.

  Article 10 For the obtainment of a special tobacco monopoly operating enterprise licence, the following conditions should be met:

  (1)having adequate funds for operating special tobacco monopoly products business;

  (2)having a fixed site for the operations and necessary specialized staff;

  (3)compliance with requirements for rational distribution of operating foreign tobacco monopoly products business; and

  (4)other conditions prescribed by the department of tobacco monopoly administration under the State Council.

  Article 11 The departments of tobacco monopoly administration issue tobacco monopoly licences and transportation permits for tobacco monopoly products and exercise control pursuant to the provisions of

  Article 12 Applicants for the obtainment of tobacco monopoly production enterprise licences should submit their applications to the departments of tobacco monopoly administration of the provinces, autonomous regions and municipalities directly under the Central Government(hereinafter referred to as at the provincial level), departments of tobacco monopoly administration at the provincial level shall examine the same and make remarks thereon and submit the same to the department of tobacco monopoly administration under the State Council for examination and approval and issuance of licences.

  Article 13 Applicants for the obtainment of tobacco monopoly wholesale enterprise licences for transregional operations in provinces, autonomous regions and municipalities directly under the Central Government should submit their applications to the departments of tobacco monopoly administration at the provincial level which shall examine the same and offer their remarks thereon and submit the same to the department of tobacco monopoly administration under the State Council for examination and approval and issuance of licences.

  Applicants for the obtainment of tobacco monopoly wholesale enterprise licences for operations within the jurisdiction of a province, an autonomous region or a municipality directly under the Central Government should submit their applications to the departments of tobacco monopoly administration of the localities wherein the enterprises are located which shall examine the same and offer their remarks thereon and submit the same to the departments of tobacco monopoly administration at the provincial level for examination and approval and issuance of licences.

  Article 14 Applications for the obtainment of tobacco monopoly retail licences shall be handled pursuant to the provisions of

  Article 15 Applicants for the obtainment of special tobacco monopoly operating enterprise licences for operating tobacco monopoly products import-export business and operating foreign tobacco products purchasing marketing business should submit their applications to the departments of tobacco monopoly administration at the provincial level which shall examine the same and sign their remarks thereon and submit the same to the department of tobacco monopoly administration under the State Council for examination and approval and issuance of licences.

  Applicants for the obtainment of special tobacco monopoly operating enterprise licences for operating duty-free foreign tobacco products purchasing-marketing business in customs supervision zones should submit their applications to the departments of tobacco monopoly administration of the localities wherein the enterprises are located which shall examine the same and sign remarks thereon for submission to the departments of tobacco monopoly administration at the provincial level for examination and approval and issuance of licences.

  Article 16 Issuing organs of tobacco monopoly licences can carry out regular or irregular inspections of the enterprises and individuals having obtained tobacco monopoly licences. Those found to be not in compliance with the conditions prescribed by

  Specific control measures for tobacco monopoly licences shall be worked out by the department of tobacco monopoly administration under the State Council in accordance with the provisions of these Regulations.

  Chapter III Plantation, Purchase and Allocation of Leaf Tobacco

  Article 17 The department of tobacco monopoly administration under the State Council works out the leaf tobacco planting plan in conjunction with the People's Governments of the provinces, autonomous regions and Municipalities directly under the Central Government concerned according to the State plan, in accordance with the requirements of rational distribution and the principle of using good seeds, regional grouping and standardization.

  Article 18 Leaf tobacco shall be unifiedly purchased by the tobacco companies or their entrusted agencies according to law. The tobacco companies or their entrusted agencies may, in accordance with requirements, set up leaf tobacco purchasing stations(points) in areas where the State has assigned leaf tobacco purchasing plans for the purchase of leaf tobacco. Establishment of leaf tobacco purchasing stations(points) shall be subject to the approval of the departments of tobacco monopoly administration at the provincial level. No unit or individual shall purchase leaf tobacco without approval.

  Article 19 Local departments of tobacco monopoly administration organize the departments concerned at the same level and representatives of leaf tobacco producers in the formation of leaf tobacco grading groups to coordinate grading in leaf tobacco purchase.

  Article 20 Plans for State reserve and export of leaf tobacco and leaf tobacco allocation plans shall be assigned by the planning department under the State Council.

  Chapter IV Production of Tobacco Products

  Article 21 Establishment of tobacco products production enterprises should be submitted by the departments of tobacco monopoly administration at the provincial level to the department of tobacco monopoly administration under the State Council for approval, with the acquisition of tobacco monopoly production enterprise licences and registration upon verification and approval at the departments of industry and commerce administration.

  Article 22 Tobacco products production enterprises must strictly implement the production plans assigned by the State.

  Article 23 Use of stale leaf tobacco for the production of cigarettes, cigars and cut tobacco is prohibited.

  Article 24 Cigarettes, cigars and packed cut tobacco should use registered trademarks; applications for the registration of trademarks should proceed with the approval documents for production issued by the department of tobacco monopoly administration under the State Council in accordance with law.

  Chapter V Sale of Tobacco Products

  Article 25 Enterprises with acquisition of tobacco monopoly wholesale enterprise licences should engage in tobacco products wholesale business within the business scope and regional boundary prescribed in the licences.

  Enterprises or individuals with acquisition of tobacco monopoly retail licences should purchase the merchandise at local tobacco monopoly wholesale enterprises and be subject to the supervision and control of the issuing organs of tobacco monopoly licences.

  Article 26 Any unit or individual selling more than 50 cartons of cigarettes or cigars at a time without a tobacco monopoly wholesale enterprise licence shall be construed as engagement in tobacco products wholesale business without a tobacco monopoly wholesale enterprise licence.

  Article 27 No unit or individual shall sell illegally produced tobacco products.

  Article 28 Tobacco monopoly production enterprises and tobacco monopoly wholesale enterprises must not supply tobacco products to any unit or individual without tobacco monopoly retail licences.

  Article 29 Cigarettes and cigars sold within the territory of China should indicate grades of tar content and “Smoking is hazardous to your health” in the Chinese language on the packs and cartons.

  Article 30 Whenever necessary, the department of tobacco monopoly administration under the State Council may, in the light of the market supply and demand, assign appropriation tasks for cigarettes and cigars among the provinces, autonomous regions and municipalities directly under the Central Government.

  Article 31 Sale of stale and foul tobacco products is strictly prohibited. Stale and foul tobacco products shall be destroyed under the supervision of the departments of tobacco monopoly administration or the departments of administration concerned.

  Article 32 Tobacco products with counterfeit trademarks intercepted by departments concerned according to law should be handed over to departments of tobacco monopoly administration for open destruction pursuant to relevant provisions of the State and sale thereof in any form is prohibited.

  Article 33 Identification, inspection and testing of tobacco products with counterfeit trademarks shall be carried out by the tobacco quality inspection and testing stations designated by the department of product quality supervision and control under the State Council and the departments of product quality supervision and control of the People's Governments of the provinces, autonomous regions and municipalities directly under the Central Government.

  Chapter VI Transportation of Tobacco Monopoly Products

  Article 34 Tobacco monopoly product transportation permits shall be issued upon examination and approval by the departments of tobacco monopoly administration above the provincial level or by their authorized agencies. Control measures for tobacco monopoly product transportation permits shall be worked out by the department of tobacco monopoly administration under the State Council.

  Article 35 Cross-boundary transportation of import tobacco monopoly products, Chinese-made special-purpose tobacco machinery, cigarette tow, filter rods and import cut cigarette paper across the provinces, autonomous regions and municipalities directly under the Central Government should go through consignment for shipment or shipment on one's own against the tobacco monopoly product transportation permits issued by the department of tobacco monopoly administration under the State Council or its authorized agencies.

  Cross-boundary transportation of other Chinese-made tobacco monopoly products other than Chinese-made special-purpose tobacco machinery, cigarette tow, filter rods and import cut cigarette paper across the provinces, autonomous regions and municipalities directly under the Central Government should go through consignment for shipment or shipment on one's own against the tobacco monopoly product transportation permits issued by the department of tobacco monopoly administration under the State Council or departments of tobacco monopoly administration at the provincial level.

  Cross-city, cross-county transportation of tobacco monopoly products within the provinces, autonomous regions and municipalities directly under the Central Government should go through consignment for shipment or shipment on one's own against the tobacco monopoly product transportation permits issued by departments of tobacco monopoly administration at the provincial level or their authorized agencies.

  Transportation of smuggled tobacco monopoly products confiscated according to law should go through consignment for shipment or shipment on one's own against the tobacco monopoly product transportation permits issued by the department of tobacco monopoly administration under the State Council.

  Article 36 Any of the following circumstances shall be transportation of tobacco monopoly products without tobacco monopoly product transportation permits:

  (1)transportation of tobacco monopoly products exceeding the quantity and range prescribed in the tobacco monopoly product transportation permits;

  (2)use of expired, altered or duplicated tobacco monopoly product transportation permits;

  (3)without tobacco monopoly product transportation permits and failure to provide effective certificates of local purchase of tobacco monopoly products; and

  (4)other acts of shipment of tobacco monopoly products without tobacco monopoly product transportation permits.

  Article 37 For transfer-customs shipment of tobacco products under customs supervision, formalities for shipment shall be completed in accordance with the provisions of the State relating to transfer-customs shipment.

  Chapter VII Production and Sale of Cigarette Paper, Filter Rods, Cigarette Tow and Special-purpose Tobacco Machinery

  Article 38 Tobacco monopoly wholesale enterprises and tobacco products production enterprises can purchase cigarette paper, filter rods, cigarette tow and special-purpose tobacco machinery only from enterprises with acquisition of tobacco monopoly production enterprise licences and special tobacco monopoly operating enterprise licences.

  Production enterprises of cigarette paper, filter rods, cigarette tow and special-purpose tobacco machinery must not sell their products to units or individuals without tobacco monopoly production enterprise licences.

  Article 39 Purchase, sale and transfer of special-purpose tobacco machinery must be subject to the approval of the department of tobacco monopoly administration under the State Council.

  Catalog of the names of special-purpose tobacco machinery shall be prescribed by the department of tobacco monopoly administration under the State Council.

  Article 40 No unit or individual shall sell illegally produced Special purpose tobacco machinery, cigarette paper, filter rods and cigarette tow.

  Phased-out, condemned and illegally assembled special-purpose tobacco machinery, broken and substandard cigarette paper, filter rods and cigarette tow as well as their bits and pieces shall be handled under the supervision of local departments of tobacco monopoly administration and must not be sold in any form.

  Chapter VIII Import-export Trade and Foreign Economic and Technological Cooperation

  Article 41 For the establishment of a tobacco monopoly production enterprise with investment from foreign businesses, recording of the project pursuant to relevant provisions of the State can only be approved upon examination and consent of the department of tobacco monopoly administration under the State Council.

  Article 42 Operations of import tobacco monopoly products can only be undertaken by enterprises with acquisition of special tobacco monopoly operating enterprise licenses. Their plans of import tobacco monopoly products should be submitted to the department of tobacco monopoly administration under the State Council for examination and approval.

  Article 43 Duty-free import tobacco products should be stored in customs-designated bonded warehouses, and joint control by the local departments of tobacco monopoly administration designated by the department of tobacco monopoly administration under the State Council and the customs shall be stepped up. The customs shall verify and write off the quantity of duty-free import foreign tobacco products in batches against the duty-free import plans approved by the department of tobacco monopoly administration under the State Council.

  Article 44 Duty-free cigarettes and cigars marketed in customs supervision zones are only for retail and special labels should be printed on the packs and cartons as prescribed by the department of tobacco monopoly administration under the State Council.

  Article 45 “Exclusively for export” in the Chinese language should be marked on packs and cartons of cigarettes and cigars exclusively for export.

  Chapter IX Supervision and Inspection

  Article 46 Departments of tobacco monopoly administration shall conduct supervision and inspection on the implementation of

  Article 47 Opening and running of tobacco monopoly products trading markets should be subjected to the examination and approval of the department of tobacco monopoly administration under the State Council. Tobacco monopoly products trading markets established without examination and approval should be banned by the People's Governments above the county level of the localities wherein the markets are located.

  Article 48 Whenever necessary, the department of tobacco monopoly administration under the State Council may, in the light of the actual conditions in tobacco monopoly work, set up representative agencies in major areas; whenever necessary, the departments of tobacco monopoly administration at the provincial level may despatch resident staff in tobacco monopoly products production and operating enterprises. Representative agencies and resident staff supervise and inspect the production and operating activities relating to tobacco monopoly products within the authorized scope of the dispatching departments.

  Article 49 In investigating and handling cases of violation of

  (1)inquire the parties interested, suspects and witnesses in the lawbreaking cases;

  (2)inspect the operating sites of the parties interested in the lawbreaking cases and deal with the illegally produced or marketed tobacco monopoly products according to law; and

  (3)search, read and duplicate contracts, invoices, accounting books, vouchers, records, documents, business correspondence and other information related to the law-breaking activities.

  Article 50 Departments of tobacco monopoly administration or departments of tobacco monopoly administration in conjunction with the departments concerned may inspect and deal with activities of illegal transportation of tobacco monopoly products in accordance with law.

  Article 51 For auctions pursuant to the relevant provisions of the State of tobacco monopoly products confisticated by people's courts and administrative organs and tobacco monopoly products offsetting penalties, fines and tax money, bidders should hold tobacco monopoly wholesale enterprise licences; bidders taking part in auctions of foreign tobacco products should hold special tobacco monopoly operating enterprise licences.

  Auction enterprises established in accordance with law for auctioning of tobacco monopoly products should examine and verify the qualifications of the bidders. Auctioning of tobacco monopoly products by auction enterprises should be subjected to the supervision of the departments of tobacco monopoly administration.

  Article 52 Monopoly administrator-inspectors of departments of tobacco monopoly administration should wear badges issued by the department of tobacco monopoly administration under the State Council and show certificates of inspection issued by departments of tobacco monopoly administration at the provincial level while performing official duties.

  Article 53 Units and individuals having performed meritorious services in reporting law-breaking cases in tobacco monopoly shall be rewarded.

  Chapter X Legal Responsibilities

  Article 54 The following provisions shall be observed in the implementation of penalties pursuant to the provisions of Article 30 of

  (1)for purchase of leaf tobacco without authorization, a fine of more than 20% and less than 50% of the value of the illegally purchased leaf tobacco may be imposed, and the illegally purchased leaf tobacco shall be purchased at the price set by the State;

  (2)for purchase of more than 1000 kilograms of leaf tobacco without authorization, the illegally purchased leaf tobacco and illegal income shall be confisticated according to law.

  Article 55 The following provisions shall be observed in the implementation of penalties pursuant to the provisions of Article 31 of

  (1)for consignment for shipment or shipment on one's own of tobacco monopoly products without a transportation permit or the quantity of which exceeds that prescribed in the transportation permit, a fine of more than 20% and less than 50% of the value of the illegally transported tobacco monopoly products shall be imposed, and the illegally transported tobacco monopoly products may be purchased at the price set by the State.

  (2)for any of the following circumstances, the illegally transported tobacco monopoly products and illegal income shall be confisticated:

  1. the value of illegally transported tobacco monopoly products exceeds RMB 50000 Yuan or the quantity of transported cigarettes exceeds 100 pieces(every 10000 cigarettes constitute one piece);

  2. having been subjected to penalties more than twice by departments of tobacco monopoly administration;

  3. resisting inspection according to law by supervisor-inspectors of departments of tobacco monopoly administration;

  4. illegal transportation of smuggled tobacco monopoly products;

  5. transportation of tobacco monopoly products produced by enterprises without tobacco monopoly production enterprise licences;

  6. illegal transportation of tobacco monopoly products in disguise;

  7. evading inspection by using special vehicles in transporting tobacco monopoly products; and

  8. other acts of illegal transportation the circumstances of which are serious.

  (3)for the shipper who is aware that it is tobacco monopoly products and transports the same for units or individuals without transportation permits, its or his/her illegal income shall be confisticated, and a fine of more than 10% and less than 20% of the value of the illegally transported tobacco monopoly products may be concurrently imposed.

  (4)for sending by post or bringing leaf tobacco and tobacco products to another place in excess of more than 100% of the quantity limit set by the departments concerned under the State Council, penalties shall be meted out pursuant to the provision of section (1) of this Article.

  Article 56 The following provisions shall be observed in the implementation of penalties pursuant to the provisions of Article 32 of

  (1)for production of tobacco products without tobacco monopoly production enterprise licences, the department of tobacco monopoly administration shall direct it or him/her to close down, confisticate the illegal income, impose a fine of more than 100% and less than 200% of the value of the produced tobacco products, and destroy the illegally produced tobacco products in public;

  (2)for production of cigarette paper, filter rods, cigarette tow or special-purpose tobacco machinery without tobacco monopoly production enterprise licences, the department of tobacco monopoly administration shall direct it or him/her to stop production, confisticate the illegal income, impose a fine of more than 100% and less than 200% of the value of the illegally produced tobacco monopoly products, and destroy the illegally produced tobacco monopoly products in public.

  Article 57 Pursuant to the provisions of Article 33 of

  Article 58 The following provisions shall be observed in the implementation of penalties pursuant to the provisions of Article 34 of

  (1)for operating import-export business of tobacco monopoly products without special tobacco monopoly operating enterprise licences, the department of tobacco monopoly administration shall direct it or him/her to stop the aforesaid business, confisticate the illegal income, and impose a fine of more than 50% and less than 100% of the value of the illegal operations of tobacco monopoly products.

  (2)for operating purchasing-marketing business of foreign tobacco products without special tobacco monopoly operating enterprise licences, the department of tobacco monopoly administration shall direct it or him/her to stop operating the aforesaid business, confisticate the illegal income, and impose a fine of more than 20% and less than 50% of the value of the illegal operations of tobacco products.

  Article 59 For units with the acquisition of tobacco monopoly wholesale enterprise licences engaging in tobacco products wholesale beyond the business scope and regional boundary in contravention of the provisions of the first paragraph of Article 25 of these Regulations, the department of tobacco monopoly administration shall direct it or him/her to suspend the operations of wholesale business, confisticate the illegal income, and impose a fine of more than 10% and less than 20% of the value of the illegal operations of tobacco products.

  Article 60 For failure of enterprises or individuals with the acquisition of tobacco monopoly retail licences to purchase the merchandise at local tobacco monopoly wholesale enterprises in contravention of the provisions of the second paragraph of Article 25 of these Regulations, the department of tobacco monopoly administration shall confisticate their illegal income, and may impose a fine of more than 5% and less than 10% of the total amount of the purchase.

  Article 61 For operating tobacco products retail business without tobacco monopoly retail licences, the department of industry and commerce administration or the department of industry and commerce administration on the basis of the views of the department of tobacco monopoly administration shall direct it or him/her to stop the operations of tobacco products retail business, confisticate the illegal income, and impose a fine of more than 20% and less than 50% of the total amount in illegal operations.

  Article 62 For sale of illegally produced tobacco monopoly products in violation of the provisions of Article 27 and the first paragraph of Article 40 of these Regulations, the department of tobacco monopoly administration shall direct it or him/her to stop the sale, confisticate the illegal income, impose a fine of more than 20% and less than 50% of the total amount of the illegal sale.

  Article 63 For engagement in cross-province, cross-su tonomous region and cross-municipality under the Central Government tobacco monopoly wholesale business without authorization, without the acquisition of tobacco monopoly wholesale enterprise licences issued by the department of tobacco monopoly administration under the State Council in violation of the provisions of these Regulations, the department of tobacco monopoly administration shall impose a fine of more than 10% and less than 20% of the total amount in wholesale.

  Article 64 For supply of tobacco monopoly products to units or individuals without tobacco monopoly licences in violation of Article 28 and the second paragraph of Article 38 of these Regulations, the department of tobacco monopoly administration shall confisticate the illegal income, and impose a fine of more than 20% and less than 50% of the total sales amount.

  Article 65 For tobacco monopoly wholesale enterprises and tobacco products production enterprises which purchase cigarette paper, filter rods, cigarette tow and special-purpose tobacco machinery from enterprises without tobacco monopoly production enterprise licences and special tobacco monopoly operating enterprise licences, the department of tobacco monopoly administration shall impose a fine of more than 50% and less than 100% of the value of the tobacco monopoly products purchased.

  Article 66 For failure to store the duty-free import tobacco products in bonded warehouses for tobacco products as prescribed in violation of the provisions of Article 43 of these Regulations, a fine of less than 50% of the value of the said tobacco products may be imposed.

  Article 67 Failure to print special labels prescribed by the department of tobacco monopoly administration under the State Council on packs and cartons of duty-free cigarettes and cigars marketed in customs supervision zones in violation of the provisions of Article 44 of these Regulations, a fine of less than 50% of the total illegal operating amount may be imposed.

  Article 68 For auction of tobacco monopoly products by auction enterprises without authorization, without conducting inspection and identification of the qualifications of the bidders or refusal to accept the supervision of the department of tobacco monopoly administration in violation of the provisions of Article 51 of these Regulations, the department of tobacco monopoly administration shall impose a fine of more than 20% and less than 50% of the value of tobacco monopoly products auctioned off, and revoke their qualifications for tobacco monopoly products auction according to law.

  Article 69 For purchases of illegally purchased leaf tobacco or purchases of illegally transported tobacco monopoly products according to law by departments of tobacco monopoly administration in pursuance of the provisions of Article 30 and the first paragraph of Article 31 of

  Chapter XI Supplementary Provisions

  Article 70 These Regulations come into force as of the date of promulgation.

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