Advanced Search

Hainan Provincial Tobacco Monopoly Administration Punish Regulation 2012 (Revised)

Original Language Title: 海南省烟草专卖行政处罚规定(2012年修正本)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Administrative penalties for the sale of tobacco in Southern Province (as amended in 2012)

(Act No. 59 of 23 December 1994 of the People's Government of the Southern Province, pursuant to Decision No. 59 of 8 October 1997 on amendments to the Regulations of the Government of the People of the Southern Province of the Sudan on the Amendment of the Regulations of the Government of the Republic of the South Province for the Suppression of Utilization of Utilities, in accordance with the Decision of the Government of the Republic of the Sudan of 3 February 2008 on amendments to the Regulations of the Third United Kingdom of Great Britain and Northern Ireland, in accordance with Article 38 of the Regulations of the Government of the Republic of the Republic of the Sudan of 29 August 2010 on the administrative amendments to the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Great Britain and Northern Province of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the

Article I, in order to strengthen the sale of tobacco, preserve the market order and develop this provision in line with the relevant provisions of the People's Republic of China Act on Tobacco sales.

Article 2 applies to administrative penalties such as the production, transport, sale and sale of tobacco-based goods unlawfully in this province.

Article 3: The Sybacy and Tobacco sales office in the province is the administrative authority for the exclusive sale of tobacco in this province, and the sale of tobacco in each city, district, autonomous district.

Article IV. In carrying out a legal inspection by the Tobacco sales inspector, it is essential that the words “National Tobacco sales management” be assembled in the form of a guide for the management of Tobacco by the provincial authorities for the sale of the licensees of national tobacco; when administrative sanctions are made in accordance with the law, administrative sanctions decisions must be produced and the use of the uniformed titles produced by the provincial levies (jumbursement).

Article 5

Article 6. Inter-processary transport of tobacco products must be held by quasi-transmissions from the administrative authorities for the exclusive sale of tobacco in the province; the import of cigarettes in the province must be in possession of the quasi-transmission certificate from the provincial authorities for the sale of tobacco; and the invoices from the cigarette company in the province for which the cigarette company is distributed. In violation of the above-mentioned provisions, a fine of 50 per cent of the total value of the sale of tobacco-related goods by the shipper or the owner is imposed on the offender.

Article 7. The carrier is aware that a unit free of charge or invoices by a tobacco company that is not in possession of a card or is not in a district, is transported by an individual, forfeiture proceeds of an offence and fine of 20 per cent of the total value of the sale of tobacco in violation.

Article 8

(i) The sale of licences for the production of tobacco products by a company free of tobacco, which is closed by an order of responsibility of the administrative authorities for the sale of tobacco, forfeiture proceeds of an offence, imposes a fine of more than two times the value of the production of tobacco products and public destruction of tobacco products produced in violation;

(ii) The sale of licences for the production of cigarettes, filters, cigarettes or pyrotechnics without tobacco to stop production by an administrative authority responsible for the sale of cigarettes, forfeiture of proceeds of conflict, and imposes a fine of more than two times the value of the sale of tobacco produced in violation of the law, and public destruction of tobacco products produced in violation.

Article 9 businesses and individual businessmen without absorption of licenses of enterprises and individual operators operate in order to block the closure or cessation of the operation of the Tobacco-products, forfeiture the proceeds of the conflict and impose a fine of 50 per cent of the total.

One of the following cases is considered to be undocumented and punished under the preceding paragraph:

(i) A unit or individual who does not sell a license to a licensee of a company, and a sales volume of more than 49 or worth more than 1,000 dollars;

(ii) A unit or individual with a exclusive sale of licenses to a licensee of a company or a personal supply of the source.

Article 10 does not sell retail licences for the operation of tobacco products and is fined by the business administration sector by 50 per cent of the total value of operating tobacco products without evidence, and is punished by two (two times) and by law for the confiscation of tobacco products.

Article 11. Tobacco sales production, consignment of businesses (including licensed licensees) to provide a source of goods for units that are not allowed to sell retail licences or for individual business owners, forfeiture the proceeds of the offence and impose a fine of 50 per cent of its total sales in violation.

Article 12 businesses operating the import and export operations of tobacco users, enterprises operating foreign tobacco products sold operations, and companies operating tax-free foreign tobacco products purchases in the customs regulatory area must be licensed to the provincial tobacco exclusives to the administrative authorities. In contravention, it is a duty to stop the operation of the above-mentioned operations, forfeiture the proceeds of the violation and impose a fine of 50 per cent of the total value of the unlawful operation.

Article 13 businesses operating tax-free foreign tobacco products acquisition operations in the customs administration area must be sent to the provincial authorities for the sale of cigarettes, sales, bank-based plans and monthly statements, with the approval of the Provincial Tobacco exclusive sales administration authorities, to purchase cigarettes from abroad.

Businesss operating foreign sales of tobacco products must be delivered from provincial tobacco companies to the provincial authorities for the sale, sale, storage.

Article 14.

The law enforcement authorities check the illegal import of cigarettes and, in accordance with the relevant provisions of the provincial Government, public auctions through the provincial government-designated auction market are held in possession of units that deal with impunity for the smuggling of cigaretteed businesses (releadings). The fixed-term (provincing) business can only be sent to units holding “to deal with the unsmuggregated cigaretteer” ( retail), in violation of the provisions, forfeiture proceeds of the offence and a fine of two times the price. The unchecked illegal import of cigarettes in the market can be transferred to the local tobacco sector for the sale of the business.

Article 15. Business, cause units and organs, groups or individuals provide facilities such as smuggling, private trafficking, transport and mailing, forfeiture of proceeds of conflict by law enforcement authorities and fines of two times the proceeds of the violation.

Article 16 does not provide for the purchase of the exclusive sale of tobacco in the outside province, forfeiture proceeds of the law and imposes a fine of 20 per cent of the total purchase or acceptance of tobacco sales; and, in the case of serious circumstances, forfeiture of the sale of tobacco.

Article 17 prohibits the sale of tobacco products produced without production permits. Contrary, the confiscation of proceeds of violations and the imposition of a fine of 50 per cent of the total number of tobacco products sold illegally. Illicit tobacco products are confiscated and publicly destroyed.

Article 18 Authorized licensed businesses are not allowed to enter the goods in accordance with the mandate, forfeiture the proceeds of their violations and impose a fine of 50 per cent of their total value.

Article 19 of the vacation of the trademarks, which are not subject to sale, is publicly destroyed by the administrative authorities that sell tobacco.

Article 20 Abuses of duties, provocative fraud or negligence by staff of the Tobacco Subsidiaries and Tobacco companies are subject to administrative disposal by their authorities; serious circumstances constitute criminality by law.

Article 21, the parties' decisions on administrative penalties are not consistent and may apply for administrative review or administrative proceedings in accordance with the law. The organs that have made a punitive decision may apply to the enforcement of the People's Court by failing to apply for administrative review or to the People's Court.

Article 2 prevents the sale of inspectors to perform their duties in accordance with the law and is governed by the law.

The executive authorities responsible for the implementation of this provision are governed by article 23. The departments concerned should actively cooperate, within their respective mandates, in the management of tobacco exclusive sales by administrative authorities.

The specific application of this provision is explained by the provincial authorities responsible for the sale of administrative authorities.

Article 25