(February 5, 2007 the 51st national development and Reform Commission announced as of March 7, 2007) Chapter I General provisions article in order to standardize the administration of permits for tobacco monopoly, protect the legitimate rights and interests of citizens, legal persons and other organizations, in accordance with the People's Republic of China on tobacco monopoly law, the People's Republic of China administrative licensing law and the People's Republic of China on tobacco monopoly law implementing regulations and the provisions of relevant laws and administrative regulations, these measures are formulated.
Second approach applies to People's Republic of China territory (including the customs surveillance zone, free zone, except for Hong Kong, Macao) management of tobacco monopoly licenses.
Third Department of tobacco monopoly administration shall, in accordance with legal authority, scope, conditions and procedures for examination and approval, to pay for tobacco monopoly licenses, effective supervision and management. Article citizens, legal persons or other organizations for tobacco monopoly licenses issued by the Department of tobacco monopoly administration, shall have the right, the right to be heard; the right to apply for administrative reconsideration or bring an administrative suit.
Their legal rights by the Department of tobacco monopoly administration illegal tobacco monopoly licenses issued by damage, shall have the right to claim compensation.
Five citizens, legal persons or other organizations for tobacco monopoly licenses are protected by law.
For tobacco monopoly licenses are based on the laws, rules, regulations change, repeal, or deal with the tobacco monopoly licenses are based on the significant changes in the objective circumstances, required in the public interest, Department of tobacco monopoly administration shall be altered or withdraw the entry into force of the tobacco monopoly licenses.
Mentioned in the sixth article of the measures for tobacco monopoly licenses, including the tobacco monopoly production Enterprise licenses, tobacco wholesale business license, special tobacco monopoly enterprise licenses, tobacco monopoly retail licenses of four classes.
Article seventh Department of tobacco monopoly Administration approval issuance and management for tobacco monopoly licenses.
Chapter II application and acceptance article citizens, legal persons or other organizations engaged in the tobacco monopoly of production, wholesale, retail, import and export business, he shall apply to the Department of tobacco monopoly Administration for tobacco monopoly licenses.
Legal person is a member of does not have separate legal personality of the units receiving the tobacco monopoly production enterprise license or a tobacco wholesale business licenses, corporate unit to which he belongs shall make application to the Department of tobacco monopoly administration, and submit the application materials.
Article apply to the applicant in writing, or by letter, telegram, fax, electronic data interchange and e-mail applications, and according to the Department of tobacco monopoly administration calling for formatting text. Applicant may authorize an agent to submit applications.
Entrusts an agent to apply, shall provide the client's power of Attorney and agent identification.
Tenth Department of tobacco monopoly administration shall be determined according to the applicants for the different application types, and request the appropriate application materials.
Tobacco monopoly licence application types include new applications, continuation applications, change applications, business applications, business applications, business applications, and so on.
11th article application tobacco monopoly production enterprise license, should has following conditions: (a) has and production tobacco monopoly appearance adapted of funds; (ii) has production tobacco monopoly products by need of technology, and equipment conditions; (three) meet national tobacco industry of industry policy requirements and the enterprise organization structure adjustment of need; (four) State tobacco monopoly administrative competent sector provides of other conditions.
Tobacco wholesale business permits from the 12th article, subject to the following conditions: (a) funds in conformity with tobacco products wholesale business; (b) a fixed place of business and necessary professional and (iii) meet the rational distribution of tobacco wholesale business requirements; (d) the other conditions specified by the Department of tobacco monopoly administration under the State Council.
Article 13th special tobacco monopoly enterprise license, subject to the following conditions: (a) adapt to and operate special tobacco monopoly commodities business; (b) a fixed place of business and necessary professional and (iii) meet the rational distribution of foreign tobacco monopoly commodities business requirements; (d) the other conditions specified by the Department of tobacco monopoly administration under the State Council.
Article 14th tobacco monopoly retail licenses, subject to the following conditions: (a) adapt with tobacco products retail business; (b) with residence independent of the fixed place of business, (iii) meet the requirements of rational distribution of local tobacco products retail outlets and (iv) other conditions stipulated by the competent Department of the Department of tobacco monopoly administration.
15th article this article 11th, 12th, 13th, 14th under other conditions stipulated by the competent Department of the Department of tobacco monopoly administration, before its implementation shall be made public.
Article 16th when tobacco products retail point rational layout plan should be based on the area's population, traffic conditions, levels of economic development, consumption and other factors, after holding a hearing to determine the rational distribution of retail outlets.
Tobacco products retail point rational layout planning, capital requirements and site conditions, formulated by the tobacco monopoly administration departments at or above the county level, and report to the Department of tobacco monopoly administration at a higher level for the record.
17th chain enterprises in when applying for a tobacco monopoly retail licenses, should be determined by each branch is located, apply to the Department of tobacco monopoly administration.
18th foreign-invested commercial enterprise or individual may engage in wholesale or retail tobacco monopoly commodities business, shall not be chartered, absorbing franchises and other investments and other forms of tobacco monopoly in disguise, in business.
Article 19th Department of tobacco monopoly administration shall handle the tobacco monopoly license conditions, requirements, procedures, deadlines, etc needed publicity through public bar, electronic discovery system, or the Internet or any other means be publicized. 20th article handle tobacco monopoly license of places should publicity following content: (a) tobacco monopoly license name; (ii) handle tobacco monopoly license by according to of legal, and regulations, and regulations; (three) various tobacco monopoly license of approval organ; (four) application tobacco monopoly license of conditions; (five) applicants need submitted of all material directory; (six) tobacco monopoly license application of way, and way; (seven) tobacco monopoly license approval program, and time; (eight) handle tobacco monopoly license of do
Place an accurate address, contact, (IX) other contents of the public notice.
21st the applicant asked the Department of tobacco monopoly Administration to be publicized description, explanation, Department of tobacco monopoly administration shall identify, explain, and provide accurate and reliable information. 22nd article tobacco monopoly administrative competent sector on applicants proposed of application, should according to following situation respectively made processing: (a) application matters law not need made tobacco monopoly license of, should rates told applicants not accepted; (ii) application matters not belongs to this tobacco monopoly administrative competent sector statutory terms range of, should rates made not accepted of decided, and told applicants to about administrative organ application; (three) application material exists can spot corrections of errors of, should allows application people spot corrections ; (Four) application material not complete or not meet statutory form of, should spot or in 5th within to written form once told applicants need correction of all content, late not told of, since received application material of day up that for accepted; (five) application matters belongs to this tobacco monopoly administrative competent sector statutory terms range, application material complete, and meet statutory form, or applicants according to tobacco monopoly administrative competent sector of requirements submitted all correction application material of,
The Department of tobacco monopoly administration shall accept applications for tobacco monopoly licenses.
23rd the Department of tobacco monopoly Administration accept or not to accept an application for tobacco monopoly licenses shall be issued to applicants with special seal and date written. Chapter III examination and release the 24th, upon examination, the applicant meets the statutory requirements of the application, Department of tobacco monopoly administration shall from the date of acceptance of the application approval a written decision in the 20th. Cannot make a decision in the 20th, and approved by the head of the unit, you can extend the 10th, and should be reason to inform the applicant of the extension.
But otherwise provided by laws and regulations, in accordance with its provisions.
Department of tobacco monopoly administration shall be granted for tobacco monopoly licenses within 10th of decision served on the applicant for tobacco monopoly licenses.
25th according to law shall not be granted for tobacco monopoly licenses written decision, shall indicate to the applicant the reasons and inform the applicants have the right to apply for administrative reconsideration or bring an administrative lawsuit in accordance with law. 26th article has following case one of of, not issued tobacco monopoly retail license: (a) business places based on security factors not suitable business cigarette of; (ii) in the, and elementary school around; (three) canceled engaged in tobacco monopoly business qualification discontent three years of; (four) for applicants hide about situation or provides false material, tobacco monopoly administrative competent sector made not accepted or not sent card decided Hou, applicants one years within again proposed application of; (five) for applicants to cheat, and
Bribery, not due means made of tobacco monopoly license was revoked Hou, applicants three years within again proposed application of; (six) not received tobacco monopoly retail license business tobacco monopoly products business, and one years within was law enforcement organ punishment two times above, in three years within application received tobacco monopoly retail license of; (seven) State tobacco monopoly administrative competent sector provides of other not sent card of case.
27th Department of tobacco monopoly administration shall make payment for tobacco monopoly licenses shall be made public and allow and facilitate access by the public. 28th for tobacco monopoly licenses valid for a maximum period of five years, spontaneous counted from the date of the certificate.
Fourth chapter for tobacco monopoly licenses the use of article 29th for tobacco monopoly licenses, shall, in accordance with the tobacco monopoly licenses, permits and production and management according to law the validity of tobacco monopoly.
Article 30th tobacco monopoly retail licenses of citizens, legal persons or other organizations, can be lawfully engaged in domestic or foreign cigarettes retailing business, and in the local tobacco monopoly retail licenses marked tobacco wholesale business purchase.
31st for tobacco monopoly licenses holders should be placed in the original made for tobacco monopoly licenses premises prominently.
32nd of the tobacco monopoly production Enterprise licenses, tobacco wholesale business license, special tobacco monopoly enterprise license of certified enterprises by type of business change, should be re-apply for tobacco monopoly licenses.
The holders because of the tobacco monopoly retail licenses, corporate types, or change of address, should be re-apply for a tobacco monopoly retail licenses.
Enterprise legal person qualifications changed, should reapply for tobacco monopoly licenses or changes in a timely manner.
Expiry date of the 33rd for tobacco monopoly licenses need to continue production and management, should the tobacco monopoly licence expires 30th lodge renewal application to the issuing authority.
34th expiry of the tobacco monopoly licenses needed to continue production, due to significant changes in the conditions of production and management capacity, lead does not meet the statutory conditions or serious violations shall not be extended.
Fifth article 35th of supervision and management for tobacco monopoly licenses issuing authority within the jurisdiction for tobacco monopoly licenses made citizens, legal persons or other organizations to supervise and inspect the production and business activities, may also authorize or entrust the supervise and check subordinate Department of tobacco monopoly administration.
Article 36th Department of tobacco monopoly administration at higher levels shall strengthen the lower Department of tobacco monopoly administration supervision and inspection for tobacco monopoly licenses, timely correction of violations, and establish and improve law enforcement responsibility system and evaluation system of tobacco monopoly administration.
37th supervision can take a written examination, inspection or the written examination and inspection methods. Department of tobacco monopoly administration shall operate on the holder in the production of tobacco product sample, test, testing, its place of business (including storage space) for field inspections.
Checks, visa holders can check out or requested to provide relevant information and to submit relevant material, the holder shall provide relevant information and materials.
38th article supervision check of main content has: (a) comply with tobacco monopoly legal, and regulations, and regulations of situation; (ii) name or font size, and statutory representative people (head), and business address, and business way, and business range, and business term, important matters, whether and tobacco monopoly license registration matters phase meet; (three) tobacco monopoly license change, and cancellation, and continued, procedures of implementation and handle situation; (four) State tobacco monopoly administrative competent sector provides need check of other matters. 39th Department of tobacco monopoly administration according to law for tobacco monopoly licenses business card holder when carrying out supervision and inspection, should have more tobacco monopoly law enforcement personnel and supervision and inspection of the records and results, after being signed by the inspectors from the archive.
For public inspection, supervision and inspection of the Department of tobacco monopoly administration records.
40th article of citizens, legal persons or other organizations for tobacco monopoly licenses, shall, in accordance with relevant laws, regulations and rules and the regulations to accept supervision and inspection of the Department of tobacco monopoly administration.
41st citizens, legal persons or other organizations may make use of vending machines selling tobacco products.
In addition to the tobacco monopoly production Enterprise licenses, tobacco wholesale business licenses or special tobacco monopoly sale of tobacco monopoly commodities business licenses of enterprises according to law, but any citizen, legal person or other organizations may not be sold through the information network of tobacco monopoly. 42nd article of any enterprises or individuals may not be altered, forged or altered for tobacco monopoly licenses.
May not be sold, leased, lent or in any other form of illegal transfer of tobacco monopoly licenses.
Article 43rd registration changes, made for tobacco monopoly licenses of citizens, legal persons or other organizations in accordance with law, registration of changes, Department of tobacco monopoly administration shall order the law the registration of change refused to change, should cancel its qualifications to recover tobacco monopoly licenses. 44th a citizen, legal person or other organization has not received for tobacco monopoly licenses without authorization, engaged in the tobacco monopoly production and business activities, Department of tobacco monopoly administration shall be investigated according to law.
Constitute a crime, transferred to judicial organs for criminal responsibility shall be investigated according to law.
45th article has following case one of of, sent card organ can ordered holding witnesses suspended tobacco monopoly business, and for reorganization, until canceled its engaged in tobacco monopoly business of qualification: (a) by check not meet tobacco monopoly method, and tobacco monopoly method implementation Ordinance and the this approach provides conditions of; (ii) sale, and rental, and lending or to other form illegal transfer tobacco monopoly license of; (three) for illegal production business tobacco monopoly products one years within was tobacco monopoly administrative competent sector or other law enforcement organ punishment two times above of; (Four) was tobacco monopoly administrative competent sector or other law enforcement organ one-time seized fake smoke, and smuggling smoke 50 article above of; (five) for illegal production business tobacco monopoly products was held criminal of; (six) not implementation tobacco monopoly administrative competent sector administrative punishment decided of; (seven) was business administration sector revoked license of; (eight) holds tobacco monopoly wholesale Enterprise license of enterprise, unauthorized will tobacco, and cigarette paper, and filter mouth rod, and smoke with silk beam, and
Cigarette manufacturing equipment sale to the tobacco monopoly production Enterprise licenses, tobacco wholesale business license Enterprise; (IX) other circumstances as stipulated by laws, rules and regulations.
46th article tobacco monopoly license of sent card organ or its superior tobacco monopoly administrative competent sector found has following case one of of, can according to interest relationship people of requests or according to terms revoked tobacco monopoly license, recovered tobacco monopoly license: (a) abuse, and negligence approval issued tobacco monopoly license of; (ii) beyond terms approval issued tobacco monopoly license of; (three) violation statutory program approval issued tobacco monopoly license of;
(D) is not eligible or not eligible for tobacco monopoly licenses to apply for the approval certificate of the applicant, and (v) other circumstances as may be revoked according to law for tobacco monopoly licenses.
47th citizens, legal persons or other organizations with fraud, bribery or other improper means for tobacco monopoly licenses, Department of tobacco monopoly administration shall be revoked and recovered for tobacco monopoly licenses.
48th tobacco monopoly production enterprise legal person changes, require the recovery of tobacco monopoly licenses, issuing authority should recover in time. 49th article has following case one of of, sent card organ should law cancellation tobacco monopoly license: (a) tobacco monopoly license effective term expires not continued of; (ii) tobacco monopoly license approved of business subject for natural, natural people death or lost civil capacity of; (three) tobacco monopoly license approved of business subject for corporate or other organization law terminated of; (four) for force majeure led to business subject cannot continues to engaged in tobacco monopoly products production business business of; (five) legal, and
Regulations shall be revoked for tobacco monopoly licenses under other circumstances. 50th article for tobacco monopoly licenses by citizens, legal persons or other organizations needed to stop, should be out of business within the 7th day before the business application to a certification authority, closed period shall not exceed one year.
Closed or resume operations in advance of the expiry, the holder shall apply to the issuing authorities to resume operations.
51st made for tobacco monopoly licenses of citizens, legal persons or other organizations ceases to carry on business for more than a year without the business formalities, three months after the notice by the issuing authority has yet to check, by the issuing authority to recover tobacco monopoly licenses. 52nd made for tobacco monopoly licenses of citizens, legal persons or other organizations received for tobacco monopoly licenses has not been carried out six months after production and operating activities, deemed to be closed.
Department of tobacco monopoly administration shall take back its tobacco monopoly licenses.
53rd obtain license for the tobacco monopoly production enterprise, or for tobacco monopoly licenses businesses or individuals for tobacco monopoly commodities processing services. Article 54th enterprises for tobacco monopoly licenses, not to the tobacco monopoly licenses businesses or individuals providing inferior tobacco leaf or waste tobacco and tobacco.
Not recycling scrap tobacco or waste tobacco and tobacco, should be destroyed.
Sixth chapter legal liability article 55th for applicants to hide relevant information or provides false information shall be inadmissible or no license and give a warning the applicant allowed to re-apply for tobacco monopoly licenses in a year.
56th on grounds of deception, bribery or other improper means for tobacco monopoly licenses being revoked, the applicant not to apply again in three years.
57th uses altered, forged or altered for tobacco monopoly licenses, the Department of tobacco monopoly administration fined 1000 Yuan fine.
58th article violates these rules without modification, cancellation procedures for tobacco monopoly licenses in time, the Department of tobacco monopoly Administration ordered corrective action and refused to correct, and fined 1000 Yuan fine. 59th Department of tobacco monopoly administration and their staff members in violation of the regulations, any of the following circumstances, by its superior Department of tobacco monopoly administration shall be ordered to correct serious, managers directly responsible and other persons directly responsible shall be given administrative sanctions: (a) to comply with the statutory conditions of application as inadmissible;
(Ii) is not Office places publicity law should publicity of material of; (three) in accepted, and review, and issued tobacco monopoly license process in the, not to applicants, and interest relationship people perform statutory told obligations of; (four) applicants submitted of application material not complete, and not meet statutory form, not once told applicants must correction all content of; (five) not law description not accepted application or not sent card reason of.
60th Department of tobacco monopoly administration staff for tobacco monopoly licenses according to law when conducting supervision and inspection, ask for and accept other people's property, or seeking other interests shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
61st article tobacco monopoly administrative competent sector issued tobacco monopoly license, has following case one of of, by its superior tobacco monopoly administrative competent sector ordered corrected, on directly is responsible for of competent personnel and other directly responsibility personnel law give administrative sanctions; constitute crime of, law held criminal: (a) on not meet statutory conditions of applicants issued tobacco monopoly license or beyond statutory terms issued tobacco monopoly license of;
(B) an applicant who meets the statutory requirements shall not be granted for tobacco monopoly licenses or not in the tobacco monopoly licenses issued within the statutory time limit.
Seventh chapter supplementary articles article 62nd for tobacco monopoly licenses document model, by the Department of tobacco monopoly administration under the State Council.
63rd foreign-funded commercial enterprises in these measures, including Sino-foreign joint ventures, Chinese-foreign cooperative enterprises and wholly foreign-owned enterprise, HK and Taiwan invested enterprises.
64th working days the period specified herein, meet statutory holidays, working days will be rescheduled.
65th in these measures by the national development and Reform Commission authorized the Department of tobacco monopoly administration under the State Council is responsible for the interpretation. 66th article this way since March 7, 2007.
Released in 1998 by the State Tobacco Monopoly Bureau of the administrative measures for tobacco monopoly licenses (the State Tobacco Monopoly Bureau, 2nd) repealed simultaneously.
Before the implementation of these measures at all levels of the Department of tobacco monopoly administration publications about the provisions for tobacco monopoly licenses, enacting body shall, in accordance with this approach, be cleared does not comply with the regulations, from the date of implementation of this method to stop execution.
