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)

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201303/20130300385523.shtml

Hainan Provincial tobacco monopoly administration punish regulation 2012 (revised) (Published December 23, 1994 Hainan Provincial people's Government, the 59th on October 8, 1997, Hainan Province, the Hainan Provincial people's Government on the modification of tobacco monopoly administration punishment decision amended on February 3, 2008, for the first time, Hainan Province, the Hainan Provincial people's Government on the modification of 9 pieces, such as the placement of demobilized conscripts approach rules second amendment of decision on August 29, 2010, Hainan Province, the Hainan Provincial people's Government on the modification of plant quarantine measures for the implementation of

    38 of the decision of the third amendment of regulations on November 26, 2012, Hainan Province, the Hainan Provincial people's Government on the modification of tobacco monopoly administration punish regulation 3 regulatory decision on Fourth Amendment) first to strengthen the management of tobacco monopoly, maintaining market order, according to the People's Republic of China on tobacco monopoly law the relevant provisions, combined with the facts of the province, these provisions are formulated.

    Article on illegal in the province engaged in the tobacco monopoly of production, transportation, marketing and other administrative penalties, these provisions shall apply.

    Third Hainan Provincial Tobacco Monopoly Bureau is the Department of tobacco monopoly administration, municipalities, counties, autonomous counties tobacco monopoly of the Tobacco Monopoly Bureau in charge of the area.

    Fourth tobacco monopoly administration and inspectors to conduct inspections, must wear "the State tobacco monopoly administration" badge, show the Department of tobacco monopoly administration, issued by the State tobacco monopoly Administration inspection certificate; administrative penalty according to law, you must make a written decision of administrative penalty, and uses the provincial taxation authorities printed with (Joan smoke) confiscated notes have been posted.

    Article fifth enterprises, public institutions and agencies, organizations or individuals smuggling cigarettes or illegal purchase, transport, post, sell, harbouring of smuggled cigarettes, and seriously punish according to law. Sixth article province inter between bulk transport tobacco products, must holds provincial above tobacco monopoly administrative competent sector issued of associate shipped card; province within transport imports cigarette, must holds province tobacco monopoly administrative competent sector issued of associate shipped card; province within bulk transport domestic cigarette by province tobacco company of invoice with goods passage, this province produced cigarette by County above tobacco company supply invoice with goods passage.

    Violation of the above-mentioned provisions, the shipper or otherwise carry penalty of illegal transport of tobacco monopoly 50% worth of fines.

    Article seventh carrier known for tobacco monopoly commodities without transportation permit or above the county level tobacco company unit of supplier invoices, personal transport, confiscate the illegal income and imposed illegal transport of tobacco monopoly fines amounting to 20%.

    Eighth without a license for the tobacco monopoly production enterprise in the production of tobacco monopoly, in accordance with the following provisions:

    (A) no license for the tobacco monopoly production enterprise in the production of tobacco products, the Department of tobacco monopoly administration is ordered to close down, confiscate the illegal income, and produced more than 1 time times the value of tobacco products fined not more than twice, and illegal production of public destruction of tobacco products;

    (B) the tobacco monopoly production enterprise permit the production of cigarette paper, filter bar or tow for cigarette or cigarette manufacturing equipment, the Department of tobacco monopoly administration shall be ordered to stop production, confiscate the illegal gains, illegal production of tobacco monopoly commodities worth more than 1 time fined not more than twice, and illegal production of tobacco monopoly public destruction.

    Nineth tobacco wholesale business license-free enterprises and individual industrial and commercial households engaged in wholesale of tobacco products, ordered to close down or to stop tobacco products wholesale business, illegal income shall be confiscated, fined and total wholesale 50%.

    Any of the following circumstances, considered wholesale without a license, according to the provisions of the preceding paragraph:

    (A) no tobacco wholesale business unit or individual licenses, 1 sales over 49, or more than 1000 Yuan worth of cigarettes;

    (B) tobacco wholesale business license-free units or individuals, units or individuals to obtain a tobacco monopoly retail licenses to provide sources.

    Article tenth business of tobacco products tobacco monopoly retail licenses and unlicensed by the Administrative Department for industry and Commerce of tobacco products 50% worth of fines is punishment 2 times (2 times), incorrigible, confiscated its tobacco products.

    11th tobacco monopoly commodities production, wholesale business (including wholesale business delegate) no unit or individual supply of tobacco monopoly retail licenses, confiscate the illegal income, fined and its illegal sales of 50%. Article 12th if the tobacco monopoly commodities import and export business of enterprises, and foreign tobacco products on consignment business enterprises, operating within the customs control areas tax-free enterprise purchase and sale of foreign tobacco products, you must apply to the Department of tobacco monopoly administration special tobacco monopoly enterprise license.

    Violators shall be ordered to stop such business, illegal income shall be confiscated, fined and illegal business worth 50%.

    13th article customs supervising and managing foreign tobacco products to operate a duty-free area of the purchase and sale of enterprises must submit to the provincial Department of tobacco monopoly administration purchases, sales and inventory of year and month, upon approval by the Department of tobacco monopoly administration before they can buy cigarettes from abroad.

    Business of foreign consignments of tobacco products company, tobacco company stock and must submit to the provincial Department of tobacco monopoly administration purchases, sales and inventory reports.

    Article 14th confiscated illegally imported cigarettes must be in possession of the State tobacco monopoly Administration Department of issuance or authorization issued by the competent authority of the provincial tobacco monopoly administration "confiscated smuggled cigarettes fixed enterprise" certificate. Various law enforcement agencies confiscated illegal imports of cigarettes should be according to the relevant provisions of the provincial government, through provincial government designated auction public auction to "designated enterprise handling confiscated smuggled cigarettes" (wholesale) license units. Sentinel (wholesale) business is wholesale only to hold "designated enterprise handling confiscated smuggled cigarettes" (retail) license units, against the rules, confiscate the illegal gains and fines twice times in the value at.

    Confiscated scattered in the market of illegally imported cigarettes can be sold to the local tobacco sector specific Sentinel enterprises sell.

    15th enterprises, public institutions and authorities, groups or individuals for smuggling, bootlegging activities to provide housing, transportation and mail facilities, by the law enforcement departments confiscated, fined and illegal income twice.

    16th was not in accordance with the provisions of provincial tobacco monopoly commodities purchased without permission, confiscate the illegal income and imposed total purchase or receive tobacco products to 20% of the serious cases, confiscate the illegal tobacco products. 17th sold without production permits the production of tobacco products is strictly prohibited. Offenders, confiscate the illegal income and impose fines total 50% illegal sales of tobacco products.

    Illegal tobacco products shall be confiscated and destroyed publicly.

    18th mandated wholesale enterprises does not in accordance with authorized purchase, confiscation of illegal income, and fined and its stock value 50%.

    Article 19th of counterfeit cigarettes seized, no sales, the Department of tobacco monopoly administration publicly destroyed.

    Article 20th tobacco monopoly administration departments and functionary of the tobacco companies, malpractice or negligence, by its competent authorities, impose administrative sanctions in serious cases, constitute a crime, criminal responsibility shall be investigated according to law. 21st party refuses to accept the decision on administrative penalty may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.

    The party fails to apply for administrative reconsideration or bring a lawsuit, nor performs the decision on punishment, made the decision of the authorities may apply to a people's Court for compulsory execution.

    22nd prevent tobacco monopoly and inspectors in performing their duties by the public security organs to investigate and punish. 23rd levels of the Department of tobacco monopoly administration is responsible for implementation of this provision.

    Authorities should, within their respective mandates, to cooperate with the Department of tobacco monopoly Administration for tobacco monopoly administration.

    24th article of the specific application of the Department of tobacco monopoly administration is responsible for the interpretation. 25th article of the regulations as of the date of promulgation.