Administrative Measures For Tobacco Monopoly In Haikou City 2012 (Revised)

Original Language Title: 海口市烟草专卖管理办法(2012年修正本)

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201206/20120600369214.shtml

Administrative measures for tobacco monopoly in Haikou city 2012 (revised)

    (Haikou municipal people's Government, the 54th on October 19, 2005 published on December 14, 2010, the Haikou municipal people's Government on the decision to modify the 13 government regulations, such as the first amendment 1th of March 15, 2012 Haikou municipal executive meeting examined and adopted the second amendment on April 17, 2012, the Haikou municipal people's Government announced come into force on the date of promulgation, 88th) Chapter I General provisions

    First to standardize the tobacco monopoly Act, protecting the legitimate rights and interests of operators and consumers, ensuring national and local fiscal stability, according to the People's Republic of China on tobacco monopoly law and the People's Republic of China on tobacco monopoly law implementing regulations and other laws and regulations, combined with the city's actual, these measures are formulated.

    Article working in the administrative area of the city tobacco monopoly commodities production, transportation, storage, sale and import and export business of units and individuals, must comply with these measures.

Article tobacco monopoly commodities mentioned in these measures refers to cigarettes, cigars, smoking tobacco, redried, tobacco, cigarette papers, filter bar, tow for cigarette, cigarette manufacturing equipment.

    Tobacco products means cigarettes, cigars, cut tobacco and redried leaf.

Fourth City Department of tobacco monopoly administration is responsible for the municipal area of tobacco monopoly administration.

    Business, industry and commerce, public security, quality and technical supervision, customs, border control, taxation, transport, railways, civil aviation, maritime transport, air transport, postal services, price, city departments shall, in accordance with their respective mandates, with the good management of the tobacco monopoly.

Fifth of Municipal Department of tobacco monopoly administration shall perform the following main duties:

(A) advocacy and follow-up the implementation of the tobacco monopoly law, rules and regulations;

(B) enforced the tobacco monopoly administration departments and the people's Government at the tobacco monopoly administration policies and measures developed within the administrative area of the city of tobacco monopoly administration policies and measures;

(C) to supervise and administer the tobacco monopoly;

(D) investigate and deal with violations of the tobacco monopoly law, rules and regulations;

    (E) other duties stipulated by laws and regulations.

Sixth of municipal and district people's Government to strengthen the leadership of tobacco monopoly administration, the organization coordinating the fight against illegal tobacco activities to address major problems in the tobacco monopoly administration.

    Town government, neighborhood offices, the village (neighborhood) Committee should actively assist the municipal and district people's Government tobacco monopoly administration.

    Chapter II administration of permits for tobacco monopoly

    Article seventh tobacco monopoly commodities production, management and transport legally imposed monopoly and tobacco monopoly licenses and transportation permit system imposed.

    Eighth article of any units or individuals must obtain appropriate for tobacco monopoly licenses, and industrial and commercial registration after registration under the law, tobacco monopoly may engage in production and business activities.

    Article Nineth units and individuals for tobacco monopoly licenses, must accept the supervision of the Department of tobacco monopoly administration, inspection, and certification as required by Department of tobacco monopoly administration.

    Article tenth units and individuals for tobacco monopoly licenses, must be strictly in accordance with licence business scope, geographical scope of business law.

    11th no unit and individual shall forge, alter, copy, lend, lease, transfer, for tobacco monopoly licenses.

    12th the tobacco monopoly retail licenses to implement "a certificate store (points)," management system.

    Article 13th tobacco monopoly retail licenses and must be "prohibition of primary and middle school students smoking, tobacco sales to minors" warning signs are placed at prominent positions within the premises. Article 14th units and individuals for tobacco monopoly licenses, lost its license (original and duplicate copies) or alteration permit registration of a project should be lost or need to change the date of the 30th to the original issuing authorities to apply the relevant procedures.

To qualify, Department of tobacco monopoly administration shall from the date of receipt of the application within the 30th for related procedures; does not meet the criteria, should state the reason in writing to the applicant.

    Access to units and individuals for tobacco monopoly licenses required when closed, shall, within the closing date of 30th closing procedures with the original issuing authority, returned to the tobacco monopoly licenses.

    Chapter III production of tobacco products and sales

15th tobacco cultivation should be according to the State plan, and planted after the tobacco company in Haikou, Hainan Province, has signed contracts.

    Directory of cured tobacco monopoly management of cured tobacco. 16th production of tobacco products, must be made by the Department of tobacco monopoly administration under the State Council approved the license for the tobacco monopoly production enterprise.

    Without permission, no unit or individual may manufacture tobacco products. Article 17th tobacco products wholesale business, must be made by the State Council or provincial Department of tobacco monopoly Administration approved tobacco wholesale business licenses. Without permission, no unit or individual is allowed to engage in wholesale of tobacco products.

Tobacco companies in Haikou, Hainan Province, the company is engaged in wholesale of tobacco products within the administrative area of the city business. Wholesale of tobacco products must be marked with the Department of tobacco monopoly Administration can trace its supply channels produced by monopoly supplier of identity.

    Any unit and individual is strictly prohibited illegal production, sale and use of monopoly supply logo. 18th tobacco products "license delivery system".

    Tobacco products units and individuals should present tobacco monopoly retail licenses from a tobacco company in Haikou, Hainan Province, company stock and purchase invoices and other relevant documents stored in the premises for future reference.

    19th in the administrative area of the city for tobacco product promotion and advertising activities must be approved by law.

    20th operators shall fly without approval of cigarette tobacco advertisements, posters and unauthorized cigarette stores names shall not put empty cigarette pack, and posted on the site.

21st is strictly prohibited in the production and sale of fake cigarettes, smuggling tobacco and non-tobacco and counterfeit cigarette trademarks.

Must not be illegal counterfeit cigarettes, smuggling tobacco and non-tobacco and counterfeit cigarette trademarks facilitate the activities.

    This approach by said fake smoke is refers to fake others registered trademark, and Enterprise name, and quality certification logo and the to pretend really, and shoddy of cigarette, and cigar smoke; smuggling smoke is refers to no legal imports procedures of outside cigarette, and cigar and in domestic market illegal circulation and standard has "exclusively for export" words of domestic cigarette, and cigar smoke; non-smoke is refers to cannot issued effective voucher proved its legal purchase channel or no monopoly supply identifies of non-plans within smoke factory production of cigarette and without local tobacco monopoly channel listed circulation of cigarette, and cigar smoke.

    22nd the production of cigarette paper and filter rods, tow for cigarette and tobacco machinery enterprise, must be reported to the Department of tobacco monopoly administration under the State Council for approval, obtained license for the tobacco monopoly production enterprise.

    23rd assembling elimination, illegal cigarette manufacturing equipment, defective cigarette paper and filter rods, cigarette filter tow and waste, supervised by the Department of tobacco monopoly administration, no unit or individual may unlawfully processed.

    24th article providing cigarette manufacturing equipment for the production of counterfeit cigarettes is strictly prohibited (including specific parts for tobacco machinery), cigarette trademarks, raw and auxiliary materials.

    Fourth chapter of tobacco monopoly commodities transportation management 25th cross-province, or beyond the scope of transport tobacco monopoly commodities should be held above the provincial level tobacco monopoly Administration Department or its tobacco monopoly commodities transportation permit issued by the authority.

    In the Haikou area checked or carry tobacco monopoly commodities shall obtain a tobacco company in Hainan Province Haikou issued a valid proof of purchase.

    26th match domestic shipping of tobacco manufactures permit, permit goods peer, the transport of tobacco products cannot use the same means of transport, should be the transportation permit issued.

The 27th under any of the following circumstances, considered a transportation permit transport tobacco products:

(A) the use of forged, altered, copied, the transportation permit expires;

(B) use transportation permit issued beyond the effective permissions;

(C) reuse of transportation or transportation certificate does not come with domestic counterparts;

(D) the transportation permit approved by the variety, quantity, specifications and call into conformity, out of place;

(E) use concealment, deception make tobacco monopoly commodities transportation permit transportation of tobacco monopoly;

(F) transport, storage tobacco monopoly commodities without a transportation permit and cannot be provided in the local tobacco monopoly channels purchase a valid certificate;

    (VII) other non-tobacco monopoly commodities transportation permit transportation of tobacco monopoly behavior.

    28th the carrier may not for tobacco monopoly commodities transportation permit-free units and individuals carrying the tobacco monopoly.

    29th Department of tobacco monopoly administration according to law in the highway, station, freight station, airport, ports, terminals and check for tobacco monopoly commodities transportation, the departments concerned should actively assist.

    The fifth chapter, supervision and inspection

30th article Department of tobacco monopoly administration in dealing with tobacco illegal cases, may exercise the following functions:

(A) questioning the parties law, suspects and witnesses, investigation and tobacco related to illegal activities, and collect evidence;

(B) check the tobacco monopoly undertakings, and according to reports on transport, Harbour place for tobacco monopoly commodities, such as mandatory testing;

(C) the inspection, copying, extracting tobacco-related illegal activity related to the contract, invoice, account books, documents, records, documents, business correspondence, permits, transportation and other information;

    (D) decided to register to save tobacco monopoly of suspected violations, illegal gains and to provide convenient tools for operating illegally.

    31st article relating to law enforcement and law enforcement personnel unauthorized punishment, may retain, distribute or dividing up the tobacco monopoly in disguise and confiscated money.

    Article 32nd units and individuals should report positive tobacco monopoly violations, report meritorious, Department of tobacco monopoly administration shall be rewarded.

    Article 33rd identification of counterfeit cigarettes by the State Council or provincial product quality supervision and management of the specified stations are responsible for the quality of tobacco.

Article 34th illegal tobacco monopoly commodities value calculation:

(A) the General value of the tobacco monopoly commodities price calculation based on national guidance;

(B) the value according to the local tobacco monopoly of cigarette wholesale business guide price is calculated without guidance, reference to the market price of similar products;

(C) the counterfeit cigarettes and trademark sales or not, its value will be calculated against the similar flow of genuine cigarettes price;

    (D) smuggling of cigarettes valued at market prices.

    The sixth chapter legal liability

    35th article violates article tenth of these measures, beyond the business scope, geographical scope of permit, the Department of tobacco monopoly Administration to withdraw and cancel the license, and to a fine of up to 5000 Yuan in serious cases, by the Administrative Department for industry and commerce shall revoke business licenses.

    The 36th article in violation of these regulations section 11th, forged, altered, lend, lease, transfer, copy, for tobacco monopoly licenses, the Department of tobacco monopoly Administration to withdraw and cancel the license, and a fine of less than 2000 Yuan and 8000 Yuan.

    37th disobey the 12th article, one more run, on licensed operators, the Department of tobacco monopoly Administration to withdraw and cancel the license, and to a fine of up to 5000 Yuan in serious cases, by the Administrative Department for industry and commerce shall revoke business license on other unlicensed point punishment in accordance with operating without a licence.

    Article 38th disobey the 13th article, tobacco monopoly retail licenses and are not "prohibit elementary and middle school students smoking, tobacco sales to minors" sign placed prominently in the premises, the Department of tobacco monopoly Administration ordered to make corrections, it refuses, to a fine of less than 50 Yuan and 100 Yuan.

    39th disobey article 14th, lost without a permit in time, change, business procedures, the Department of tobacco monopoly Administration ordered corrective action and refused to correct, of less than 100 Yuan more than 1000 Yuan fine.

40th article of tobacco monopoly retail licenses of units and individuals, any of the following circumstances, the Department of tobacco monopoly Administration to withdraw and cancel the tobacco monopoly retail licenses:

(A) tobacco products constitutes a crime of illegal business operations of criminal responsibility shall be investigated by the judicial authorities;

(B) engaged in smuggling of fake cigarettes, smoking and non-smoking;

(C) be revoked according to law by the Administrative Department for industry and Commerce;

(Iv) impeding the Department of tobacco monopoly administration law enforcement personnel shall carry out inspections;

    (V) the applicant by concealment, deception, had illegally obtained the tobacco monopoly retail licenses.

    41st disobey article 16th, failing to get the tobacco monopoly production enterprise license production of tobacco products, the Department of tobacco monopoly administration shall be ordered to stop production, confiscate the illegal gains, illegal production of tobacco products worth more than 1 time fined not more than twice, and illegal production of public destruction of tobacco products.

42nd disobey the 17th article, tobacco products tobacco wholesale business-free license to engage in wholesale business, run by the Department of tobacco monopoly administration shall be ordered to stop tobacco products wholesale business, the confiscation of illegal gains, illegal tobacco products wholesale 50% more than 1 time times the worth of fines.

    Violation of paragraph II of this article 17th, illegal production, sale and use of monopoly supply logo by, the Department of tobacco monopoly administration confiscated illegal tobacco monopoly supplier identification, illegal gains and identified for the illicit tobacco production, sales, facilitate the use of tools, equipment, and a fine of up to 30,000 yuan.

    Article 43rd business retail of tobacco products without a tobacco monopoly retail licenses, industrial and commercial administrative department or the Department of tobacco monopoly administration shall be ordered to stop tobacco products retail business, confiscate the illegal income, impose illegal business 50% 20% more than the total amount of a fine.

    44th article violates this way 19th article, unauthorized tobacco product promotion and advertising activities, industrial and commercial administrative authority shall order to stop promotion and advertising activities, and for responsible advertisers, advertising agents and advertisement publishers more than 1000 Yuan and 10,000 yuan fine.

    Article 45th disobey the 20th article, hanging tobacco advertising or banners without approval and cigarette stores names and placed in the business place, posting empty cigarette pack, by the administration of industry and commerce or the Department of tobacco monopoly administration shall be ordered to correct, and fined a maximum of between 1000 and 500 Yuan RMB.

Article 46th units and individuals of the tobacco monopoly retail licenses, any of the following circumstances, appropriate punishments by the competent authorities:

(A) the illegal counterfeit cigarettes and counterfeit cigarette trademarks, industrial and commercial administrative department or the Department of tobacco monopoly administration confiscated illegal counterfeit cigarettes, counterfeit cigarette trademarks and the illegal gains and illegal counterfeit cigarettes worth more than 1 time fined not more than three times, if the circumstances are serious, revoked business license;

(B) illegal contraband cigarettes, industrial and commercial administrative department or the Department of tobacco monopoly administration confiscated illegal contraband cigarettes and illegal cigarette smuggling 20% 10% more than the total value of a fine, the penalty amount shall not exceed a maximum 30,000 yuan;

(C) illegal operation of non-smoking, the Department of tobacco monopoly administration shall be ordered to stop selling, confiscate the illegal income, and the illegal operation of smoke 10% 5% more than the total value of a fine.

    The preceding paragraph (a) (ii) (iii) of the illegal business of total value of goods cannot be determined, to a fine of up to 30,000 yuan.

47th knew or should have known the management leave smoking and non-smoking or counterfeit cigarettes trademark activity to provide transportation, storage, warehousing, mailing, concealing, facilities, the Department of tobacco monopoly administration shall be ordered to desist from the illegal act and fined not more than 50% more than three times the illegal income. Business cigarette smuggling to provide transportation, storage, warehousing, mailing, concealing, facilities, the Department of tobacco monopoly administration shall confiscate the illegal income twice times the fine.

    Suspected of smuggling, shall be transferred to the Customs Department.

    48th in violation of provisions of this article 22nd, without obtaining the relevant permits, production of cigarette paper and filter stick tow, tobacco 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.

    49th disobey article 23rd, elimination, illegal cigarette manufacturing equipment and error of assembling of cigarette paper and filter rods, cigarette filter tow and waste without authorization for the sale or other disposition of, illegal sale by the Department of tobacco monopoly administration 50% 20% more than the total amount of a fine, the penalty amount shall not exceed a maximum 30,000 yuan.

    50th provisions in violation of article 24th of this approach, provided for the production of counterfeit cigarettes cigarette manufacturing equipment (including special parts for tobacco machinery), cigarette trademarks, raw and auxiliary materials, provided by the Department of tobacco monopoly Administration ordered to recover items confiscated, fined and illegal sales of up to 50% the 20%, the penalty amount shall not exceed a maximum 30,000 yuan.

    51st article violates these measures stipulated in the 25th and 26, 27, no tobacco products tobacco monopoly commodities transportation permit transport, illegal transport by the Department of tobacco monopoly Administration's tobacco monopoly commodities worth more than 20% 50% the following fine acquisition unlawful transportation of tobacco monopoly commodities according to law in serious cases, illegal transport of tobacco monopoly and illegal income shall be confiscated.

    52nd disobey the 28th article for tobacco monopoly commodities transportation permit-free units and individuals carrying the tobacco monopoly, the Department of tobacco monopoly administration shall confiscate the illegal income, and carrier transport of illegal tobacco monopoly commodities worth more than 10% 20% the following fines.

    53rd units and individuals engaged in the tobacco business activities, business activities in violation of the relevant provisions of public order management, by the public security organs in accordance with the People's Republic of China public security management punishment law provides for penalties to constitute a crime, criminal responsibility shall be investigated according to law.

    54th law registration and preservation of materials in connection with the notification, announcements and other measures cannot find the client or refuse to accept the investigation, after 30th ' from the date of notice, notice, authorities can be dealt with according to law.

55th parties of tobacco monopoly refuses to accept the decision on administrative penalty may apply for administrative reconsideration or initiate litigation to the people's Court according to law.

    Decision on administrative penalty fails to apply for reconsideration, nor performs the decision not to prosecute, competent authorities make a decision of administrative penalty may enforce or apply to a people's Court for compulsory execution.

    56th article of tobacco monopoly Administration Department and other relevant departments investigate and deal with cases of tobacco monopoly and confiscations shall be turned over to the State Treasury, no unit or individual may, on any form or reason to retain, distribute or misappropriate it.

    57th disobey article 31st, unauthorized dealing with cases of illegal tobacco, by administrative supervision departments or authorities in charge of the unit and direct responsibility for administrative sanctions.

    58th State violations of the laws and regulations and these regulations, negligence, malpractice, abuse of power, bribe or illegal for tobacco monopoly commodities production and business activities, such as facilitating, by their work units or higher authorities, impose administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law; causes losses to the administrative relative person, shall be liable.

    The seventh chapter by-laws

    59th present measures on specific applications of the Department of tobacco monopoly administration is responsible for the interpretation. 60th these measures shall come into force on November 30, 2005.