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Tobacco Monopoly Administration, Zhejiang Province Way 2011 (Revised)

Original Language Title: 浙江省烟草专卖管理办法(2011年修正本)

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Tobacco sales management approach in Zangan province (amended in 2011)

Decision No. 70 of 18 January 1996 of the People's Government Order No. 70 of the Zangangi State of 4 April 2000, in accordance with the Decision No. 117 of the People's Government Ordinance No. 117 of 4 April 2000, the Government of the Republic of the Southern Province to amend the Sociprocation Management Scheme in the Province, the first amendment to the Decision of the Government of the Republic of the Sudan of 15 September 2011 to regulate the implementation of the third amendment to the regulations of the Government 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 Sudan concerning 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 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

Chapter I General

Article 1, in order to strengthen the management of tobacco exclusiveness, preserve the legitimate rights and interests of consumers, guarantee national financial revenues, develop this approach in line with the People's Republic of China Act on Tobacco sales, the People's Republic of China Act on Tobacco and Sales.

Article 2. This approach applies to the production, operation and management of tobacco-providing products within the territorial administration.

Article 3 regulates the production, operation and transport of tobacco-proced goods by law and introduces a licensing and quasi-shipment regime for tobacco.

Chapter II Administration and oversight

Article IV. The sale of tobacco by the executive head of the Convention, at the district level, is governed by the dual leadership of the executive authorities and local people's governments at the upper level.

Public safety, business administration, tax, quality technical supervision, prices, banks, transport, railways, civil aviation and postal sectors at all levels should be aligned with the management of tobacco exclusive sales by the administrative authorities.

Where necessary, the authorities at the district level may be assigned to participate in joint inspection activities with respect to the administration of law enforcement, and in accordance with the law, in the production, operation and transport of tobacco.

Article 5

(i) Advocacy, implementation of the laws, regulations and regulations governing the sale of tobacco;

(ii) Coordinated surveillance, management of the sale of tobacco in the current administration area;

(iii) In accordance with national and present methods, the exclusive sale of licences, quasi-shipment reviews and management of tobacco;

(iv) Develop rules for the management of local tobacco exclusive sales;

(v) To detect, by law, cases of trafficking in tobacco;

(vi) Carrying out the management of the sale of the administrative authorities for the sale of tobacco by the local people.

Article 6. The administrative authorities for the sale of tobacco at the district level may, in accordance with the practical needs of the management of the exclusive sale of tobacco, establish a dispatch agency or a presence in the focus town (in town) to oversee and inspect the operation of tobacco-professionals within the authority of the authorities.

Article 7. The following functions may be exercised in the case of the sale of tobacco by the administrative authorities at the district level:

(i) Inquiring parties to the law and units and individuals associated with the violation;

(ii) Examination of the production, operation and goods of the parties to the law;

(iii) Access, replication of contracts, invoices, books, documents, records, operational letters, electronic documents related to violations;

(iv) To deal with the sale of tobacco-related products in accordance with the law and to maintain pre-registration of evidence that may be lost or otherwise difficult to obtain;

(v) Other mandates under laws, regulations and regulations.

Article 8

Article 9 provides for the production, transport, sale of false tobacco products and the smuggling of tobacco products, and the transfer of administrative authorities at the district level should be in line with business, quality technical supervision, customs, public safety and the law. Other departments and units have found violations of the exclusive sale of tobacco and should be informed in a timely manner of the sale of administrative authorities or relevant administrative law enforcement authorities; cases of suspected offences should be transferred to the judiciary by law.

In cases where the administrative law enforcement authorities are lawfully exposed to fraudulent tobacco products, they should be sent to the administrative authorities for the sale of tobacco to public destruction in accordance with the relevant provisions of the State to prohibit any form of sale. The smuggling of tobacco products, which are confiscated by law, should be referred to the authorities of the Provincial People's Government for the auction and the proceeds of the auction are legally collateral.

Article 10 provides recognition and incentives to persons who report cases, assist cases and direct cases.

Chapter III Pattern of Tobacco

Article 11. The production, operation, import and export of tobacco-based goods is governed by the law.

Article 12

(i) To apply for the acquisition of a licences for the sale of enterprises for the exclusive production of tobacco, an application should be made to the provincial authorities for the exclusive sale of administrative authorities to review the signing of observations by the provincial authorities for the sale of tobacco, and to report to the Department of State's administrative authorities for approval.

(ii) To apply for the receipt of the Tobacco-Proclamation of Business Licence, operating across provinces, to apply to the provincial authorities for the exclusive sale of administrative authorities, to review the signing of observations by the provincial authorities of Tobacco, and to report to the Department of State's administrative authorities for the approval of issuances.

An application for the Tobacco sale of licenses, operating within the province, should be made to the administrative authorities at the district level of the enterprise's location for the exclusive sale of tobacco, to review the signing of the opinion by the administrative authorities at the district level of the enterprise's location and to report to the provincial authorities for the approval of the licensee.

(iii) To apply for the acquisition of licenses for the sale of businesses of special tobacco use, the operation of a foreign tobacco-based production consignment operation, the import and export operation of tobacco-proofing products, the imposition of penalties on foreign tobacco products, and the application of an application by the Provincial Tobacco Traffic Administration authorities to review the signing of the opinion by the provincial authorities on Tobacco sales, and the issuance of a certificate by the Department of State exclusive selling administrative authorities.

(iv) Applications for the establishment of a smoke-free shop (point) should be made available to the executive authorities at the district level of the enterprise's location for the exclusive sale of tobacco by the administrative authorities at the location of the enterprise, to review the signing of the observations and to report to the provincial authorities for the exclusive sale of tobacco licensees.

(v) To apply for the sale of retail licences for tobacco and to apply to district (markets, zones) or urban exclusive sales administration authorities in the area of the establishment, for approval by the district (markets, districts) or the municipality of the establishment of the area.

Article 13. Enterprises and individuals that produce and operate tobacco-based sales shall apply to the business administration to register and receive a business licence upon the acquisition of the corresponding licences for the sale of tobacco. Within 30 days of receipt of a business licence, tax registration is applied to the tax sector. The business administration sector does not approve registration without a licence to sell tobacco.

A company that obtains a licence to sell tobacco is established outside its residence to engage in the production and operation of absorption agent, which shall, by law, be subject to a licence for the sale of tobacco by the administrative authorities in the branches.

Article XIV may establish a window at the local administrative service centre for the harmonization of reception and processing of licences for the sale of tobacco.

Article 15. Enterprises and individuals that have obtained a licence for the sale of tobacco, in one of the following cases, shall be subject to a change in licences for the sale of tobacco by the licensee, removal or write-off procedures in the licensee sector and, in accordance with the law, to the business administration sector and the tax sector for the registration or write-off of registrations:

(i) Enterprise consolidation, separation, transfer or change of corporate name, legal representative, enterprise address, type of organization and scope of operation;

(ii) Removal of licences for sale of tobacco;

(iii) The suspension, the currency or insolvency;

(iv) Other cases provided for by law, regulations.

Article 16 prohibits the transfer, alteration, falsification or sale of tobacco.

Article 17 Accreditation bodies that sell licences to tobacco are subject to regular or non-regular inspections of enterprises and individuals that have obtained a licence for sale of tobacco, which are not in accordance with the conditions laid down in the law, legislation and the present approach, and the issuance of licences for the sale of tobacco is punishable by a suspension of the exclusive sale of tobacco and by law.

Chapter IV

Article 18

Article 19 Exports produced by Tobacco products production enterprises must be characterized in a small package and in a “proportional for exports” in accordance with established channels.

Article 20 requires the registration of trademarks.

It prohibits the production, sale of cigarettes and cigarettes that hit other registered trademarks.

Article 21 prohibits the provision of specialized machinery for the production of pseudoephedic cigaretteers (including distributions), cigaretteer marks, raw materials.

Few trademark smoking products are identified by the competent tobacco quality testing body certified by the higher-quality technical supervision sector, which can be consulted in the testing of the licensee's smoking companies.

Article 2

Article 23. The opening of the Tobacco Transact market shall be reported to be reviewed by the State Department's administrative authorities for the exclusive sale of tobacco, without review of the approved market for the sale of tobacco-based goods, which is prohibited by law by the Government of the people at the district level.

Article 24 auctions for the exclusive sale of tobacco forfeiture by law should be held by competing buyers to hold licences for the exclusive sale of licensed businesses; competing buyers involved in the auctions of tobacco products in foreign countries should hold licences for the exclusive sale of businesses.

Article 25 Amphlets, filters, cigarettes and exclusive machinery production enterprises should enter into a contract with a company producing tobacco products in accordance with national plans and organize production and not provide products to units and individuals that are free of tobacco to sell a licence to a productive enterprise.

Article 26 sales of tobacco-specific machines and their parts must be used invoices that provide for value-added taxes.

Article twenty-seventh phase-out, debriefing, illegal files and residues, filters, smoking blocks and lay-downs are monitored by local tobacco exclusive sales administration authorities and cannot be sold in any way.

Chapter V

Article 28 of the Convention on the Transport of Tobacco-produced Goods is governed by the quasi-shipment regime.

To be transported or sold from tobacco use must hold quasi-shipment certificates issued by the administrative authorities for the exclusive sale of tobacco at the district level, and the carrier shall not be transported without a licence.

In the provinces, cross-markets, districts (markets) are transporting tobacco sales and must hold quasi-transport certificates issued by provincial tobacco-professional authorities or their mandated institutions.

In the provinces, there is no smuggling of cigarettes, snow cigarettes, and there must be quasi-shipment certificates issued by the Provincial Tobacco Traffic Administration authorities.

The transport of tobacco sales in the city, the district (market) must be in possession of invoices from local tobacco companies or valid vouchers.

Article 29 Transport of tobacco-important goods must be in accordance with the certificate and be followed.

In one of the following cases, it is considered to be the exclusive transport of tobacco by means of quasi-cocoditions:

(i) The use of expired, painted, forged and photocopy cards;

(ii) Removal, releasing and transporting sites approved by the quasi-signatory;

(iii) The non-exploitation of the licensee;

(iv) Other acts of the transport of tobacco-based goods by means of quasi-cocoa-transmission.

The number of mail mailings and distributing tobacco products is carried out in accordance with the relevant national provisions, and it is true that, due to the special needs of mails, levies should be held to the administrative authorities for the sale of tobacco at the district level.

Chapter VI Legal responsibility

Article 31 imposes penalties for violations of the exclusive sale of tobacco, which are provided for by law, legislation and regulations.

In violation of this approach, there are one of the following acts, which are sanctioned by the administrative authorities for the exclusive sale of tobacco:

(i) The exclusive sale of business licences for the sale of cigarettes, with a reference to “proportionally for export” in a small-scale, piece-in-chief-content-to-export operation, which allows for a fine of up to 50 per cent of the total value of cigarettes, but the maximum fine shall not exceed 5 million dollars;

(ii) In violation of article 22 of this scheme, more than a licence to operate a cigarette, snow cigarette, may be liable to a fine of up to 50 per cent of the total amount of cigarettes, but the maximum fine shall not exceed $50 million.

Article 33 does not sell a retail licence to operate tobacco products, which is sold by the business administration or the business administration sector with the exclusive administration of tobacco, obliges it to stop operating the retail operation of tobacco products, forfeiture the proceeds of the violation by law and allows for a fine of up to 50 per cent of the total operating in violation.

Article 34, in violation of this approach, provides for one of the following acts, a fine of more than 50 per cent of the total value of tobacco-proofed goods transported by the Tobacco-policy Authority, which is transported in accordance with the State's prescribed prices, and, in the event of serious circumstances, forbids the exclusive sale of tobacco by law:

(i) In the case of article 29 of this approach, the transport of tobacco-based goods is not permitted;

(ii) In violation of article 33 of this approach, the administrative authorities without absorption have confirmed that more than one kilometre of mail is attached to tobacco products.

Article XV of the law of the parties who have been seized of the sale of tobacco by the competent organ of the Tobacco-producing Administration, two written notices or 60 days from the date of the arrest (30 days from the date of the date of the release) of the sale of tobacco from the administrative authorities, which may be disposed of by law.

In violation of article 9, paragraph 2, of the present approach, the relevant units and individuals have taken care to deal with the sale of tobacco for which they have been confiscated under the law, by selling the administrative authorities of tobacco to recover the licensed sale of tobacco products and prices, which are treated in accordance with the law for the purpose of confiscation of the licensee and the purchaser of the purchaser without error, the price returned to the purchaser, the fine of more than 500,000 dollars for the unit that has been disposed of by the authority and the authority of the authority to distribut the person responsible for direct responsibility and other persons.

Article 37 contains one of the following acts by a staff member of the department responsible for the sale of tobacco and the handling of cases of violations, and by law by the competent and other persons directly responsible for direct responsibility under the authority of management:

(i) The absence of administrative law enforcement qualifications for the exclusive sale of tobacco and the illegal handling of cases involving the sale of tobacco;

(ii) To implement administrative licences for the sale of tobacco in violation of the administrative licence procedures established by law, regulations;

(iii) The purchase of confiscated tobacco products in violation of their functions;

(iv) Other provocative acts of fraud, abuse of authority and omission.

Article 338 imposes no decision on the penalties imposed by the executive law enforcement authorities and may apply to administrative review or administrative proceedings in accordance with the law.

Chapter VII

Article 39 of this approach has been implemented since the date of publication.