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)

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201206/20120600369193.shtml

Tobacco monopoly administration, Zhejiang Province way 2011 (revised)  (70th on January 18, 1996, Zhejiang Province people's Government announced on April 4, 2000, 117th, published by the people's Government of Zhejiang Province, Zhejiang Province, Zhejiang Province people's Government to amend the tobacco monopoly Administration decided to approach first amendment on September 15, 2005, 196th, published by the people's Government of Zhejiang Province, Zhejiang Province, Zhejiang Province people's Government to amend the tobacco monopoly Administration decided to approach of second amendment

    On December 31, 2011, No. 289 Zhejiang Province people's Government promulgated by December 31, 2011, the Zhejiang Provincial people's Government on changes of urban road management in Zhejiang Province, 14 pieces, such as the way of the decision of the third amendment of regulations) Chapter I General provisions

    First in order to strengthen the management of the tobacco monopoly, safeguard the legitimate rights and interests of consumers, ensure State revenues, 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, combined with the facts of the province, these measures are formulated.

    Second this approach applies to the provincial tobacco monopoly commodities within the administrative area of production, operation and management.

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

    Chapter II administrative and supervisory

    Article fourth tobacco monopoly administration departments above the county level tobacco monopoly in this area, by the Department of tobacco monopoly administration at a higher level and the dual leadership of local people's Governments, Department of tobacco monopoly administration at the above level leadership.

    All levels of public security, industry and commerce administration, taxation, price, quality and technical supervision, banking, transportation, railways, civil aviation, postal services, such as Department of tobacco monopoly administration shall cooperate with the Department of tobacco monopoly administration.

    Tobacco monopoly administration departments at or above the county level shall, where necessary, can send personnel to participate in joint inspection activities related to administrative law-enforcement departments, investigate and punish the tobacco monopoly violations in the production, management and transport.

    The fifth above the county level functions of the Department of tobacco monopoly administration is:

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

    (Ii) the tobacco monopoly in their respective administrative regions shall exercise unified supervision and management;

    (C) according to these measures and regulations, and is responsible for tobacco monopoly licenses, transportation permit review and management;

    (Iv) establishment of local tobacco monopoly administration rules;

    (E) to investigate and punish the tobacco monopoly law;

    (F) the host parent of tobacco monopoly administration authorities, local people's Governments to undertake other tobacco monopoly administration.

    The sixth tobacco monopoly administration departments at or above the county level shall be in accordance with the practical needs of tobacco monopoly administration at key townships (towns) to set up branches or presences, branches or presences in the competent departments within the authority shall supervise and inspect the activities of tobacco monopoly.

    Article seventh tobacco monopoly administration departments at or above the county level tobacco monopoly to investigate illegal case, may exercise the following powers:

    (I) enquiry cases in violation of the party as well as units and individuals in connection with illegal cases;

    (B) examine cases of the illegal production, business places and objects;

    (C) consult, duplication and illegal activities related to the contract, invoice, account books, documents, records, business correspondence, electronic documents and other information;

    (D) the law to deal with the tobacco monopoly commodities in connection with illegal activity, may be destroyed or lost or difficult to obtain later advanced registration and preservation of evidence;

    (E) other functions stipulated by laws, rules and regulations.

    Article eighth of tobacco monopoly administration departments at or above the county level may, jointly with relevant departments in stations, terminals, ports and other transportation hub for the transport of tobacco monopoly activities, according to the inspection. Nineth the production, transport and sale of counterfeit tobacco products and engaged in the smuggling of tobacco products, tobacco monopoly administration departments at or above the county level shall cooperate with the industry and commerce, quality and technical supervision, customs and public security authorities to investigate and punish.

    Other departments and entities found to have violated the tobacco monopoly Act, shall promptly inform the Department of tobacco monopoly administration or related administrative law enforcement departments for cases of alleged to constitute a crime shall be transferred to judicial organs for handling according to law. Related administrative law enforcement authorities seized counterfeit tobacco products should be referred to the competent authorities in accordance with the relevant provisions of the State tobacco monopoly administration public destruction, prohibits sale in any form.

    Confiscation of seizures of smuggled tobacco products according to law, shall be handed over to provincial government designated tobacco products auction houses auction, auction proceeds turned over to the State Treasury in accordance with law.

    Article tenth of cases reporting staff, assist in their investigations and direct handling of units and individuals, should be commended and rewarded.

    Chapter III tobacco monopoly licenses

    11th the tobacco monopoly production and management, the system of import and export law for tobacco monopoly licenses.

    12th permissions for tobacco monopoly licenses in accordance with the following provisions:

    (A) apply for the tobacco monopoly production enterprise license shall make application to the Department of tobacco monopoly administration, signed by the Department of tobacco monopoly administration review comments submitted to the State Council and approval of the Department of tobacco monopoly Administration certification.

    (B) apply for a tobacco wholesale business license, operating across the province shall make application to the Department of tobacco monopoly administration, signed by the Department of tobacco monopoly administration review comments submitted to the State Council and approval of the Department of tobacco monopoly Administration certification.

    Apply for a tobacco wholesale business license, within the scope of business in the province shall be made to the enterprise apply to the Department of tobacco monopoly administration the County, reviewed by the Business Department of tobacco monopoly administration the County signed comments, submitted to the provincial Department of tobacco monopoly Administration approval certification.

    (C) apply for and receive the special tobacco monopoly business license, business of a foreign tobacco products, tobacco monopoly commodities import and export business, confiscated foreign tobacco products wholesale business, an application shall be submitted to the Department of tobacco monopoly administration, signed by the Department of tobacco monopoly administration review comments submitted to the State Council and approval of the Department of tobacco monopoly Administration certification.

    (D) applying for the establishment of leaf tobacco purchasing stations (point), should apply to the enterprises Department of tobacco monopoly administration at the County, reviewed by the Business Department of tobacco monopoly administration the County signed comments, submitted to the provincial Department of tobacco monopoly Administration approval certification.

    (E) apply the tobacco retail license shall be made to the County (city, district) or districts shall, apply to the Department of tobacco monopoly administration, the County (city, district) or city divided into districts and approval of the Department of tobacco monopoly Administration certification. 13th production, tobacco monopoly enterprises and individuals, should be made after appropriate for tobacco monopoly licenses, parties may apply to the Administrative Department for industry and commerce registration to obtain business licenses. Within 30th of the business license, tax registration applications made to the tax authorities.

    Not for tobacco monopoly licenses, industrial and commercial administrative department not to approve registration.

    Made for tobacco monopoly licenses businesses established outside their home in the tobacco monopoly production and Management Branch, it shall apply to the branch location Department of tobacco monopoly Administration deal with the tobacco monopoly licenses.

    14th tobacco monopoly administration departments at or above the county level can be set up at a local administrative Center window, accepted, to handle the tobacco monopoly licenses.

    15th section of enterprises and individuals for tobacco monopoly licenses, any of the following circumstances shall be made to the original Licensing Department for tobacco monopoly licenses changed, replacement or cancellation of procedures, and the industrial and commercial administrative departments and tax departments for registration or cancellation of registration changes:

    (A) merger, Division, change of, or changing the corporate name, legal representative, address, type of organization, business scope;

    (B) loss for tobacco monopoly licenses;

    (C) suspend business or go out of business or bankrupt;

    (D) other circumstances as stipulated by laws and regulations.

    16th for tobacco monopoly licenses lend, altered, forged or sale is prohibited.

    17th tobacco monopoly license issuing authority regularly or occasionally made for tobacco monopoly licenses, corporate and personal checks, checks do not conform to the tobacco monopoly law, regulations and conditions as provided herein, the issuing authority for tobacco monopoly licenses can be ordered to suspend the tobacco business and dealt with according to law.

    The fourth chapter of the tobacco monopoly production and management

    18th manufacturers of tobacco products must be in production of cigarettes and cigars on the packaging indicating the tar levels and "smoking is hazardous to health" Chinese characters.

    19th tobacco products manufacturer in the production of export cigarettes, must in small packages, the package is marked "for export" Chinese characters, in accordance with the provisions of the export channels.

    20th cigarettes, cigars or packaged cut tobacco, must apply for trademark registration.

    Prohibition of the production and sales of counterfeiting the registered trademark of cigarettes and cigars.

    21st prohibits providing cigarette manufacturing equipment for the production of counterfeit cigarettes (including accessories), registered trademarks of cigarettes, raw and auxiliary materials.

    Counterfeit tobacco products by the provincial quality and technical supervision departments at or above the measurement certified quality inspection agency inspection of tobacco, in the detection and identification of seeking the views of enterprise by counterfeit cigarettes.

    22nd place in tobacco products and the non-State-designated tobacco products manufacturer shall conduct operations its license within the approved scope of business, operating a sale not more.

    23rd run tobacco monopoly commodities trading market, should be reported to the Department of tobacco monopoly administration under the State Council for examination and approval, uncensored, authorized the establishment of the tobacco monopoly commodities trading market, the local people's Governments above the county level shall be banned.

    24th auction of confiscated by the tobacco monopoly, the bidders should be a tobacco wholesale business permit, participation in foreign tobacco products auction bidder shall hold special tobacco monopoly enterprise license.

    25th tobacco cigarette paper and filter rods, tow and cigarette manufacturing equipment production enterprises shall, in accordance with the State plan signed contracts with the enterprises producing tobacco products, and production, not to have a free license for the tobacco monopoly production enterprise unit or individual product.

    Article 26th sale of cigarette manufacturing equipment and its accessories, must be used in accordance with the provisions of the special VAT invoice.

    The 27th out, discard, illegal cigarette manufacturing equipment and error of assembling of cigarette paper, filter sticks, cigarette tow and waste handled by the local Department of tobacco monopoly administration supervision and may not be sold in any way.

    Fifth chapter of tobacco monopoly commodities transportation

    28th tobacco monopoly commodities transportation transportation permit system.

    Checked or carry above the county level tobacco monopoly commodities must have transportation permit issued by the Department of tobacco monopoly administration; no transportation permit, the carrier shall not accept.

    Across the city, in the province of County (City) transport tobacco products must hold a provincial tobacco monopoly administration or its transportation permit issued by authorized institutions.

    Across the city, in the province of County (City) transporting confiscated smuggled cigarettes, cigars, tobacco monopoly Administration must hold a transportation permit issued by the competent authorities.

    City, County (City) transport tobacco products must invoice or a valid certificate issued by a local tobacco company.

    29th tobacco monopoly commodities shipping of goods certificate matches permits with the goods.

    Any of the following circumstances, and as a tobacco monopoly commodities transportation permit transport of tobacco monopoly commodities:

    (A) use expired, altered, forged, copied the tobacco monopoly commodities transportation permit;

    (B) transportation permit approved into, out of and place of arrival does not match actual;

    (C) transportation permit does not come with domestic counterparts;

    (D) no tobacco monopoly commodities transportation permit transportation of tobacco monopoly of other acts.

    Article 30th post, brings the number of tobacco products in accordance with the relevant provisions of the State, due to the special needs of excess mail and brings, should hold a certificate issued by the Department of tobacco monopoly administration above county level.

    The sixth chapter legal liability

    31st penalties for violations of tobacco monopoly administration, relevant laws and regulations are provided, from its provisions.

    32nd breach of these rules, any of the following acts, the Department of tobacco monopoly administration in accordance with the following provisions:

    (A) business enterprise without a special tobacco monopoly licenses, in small packages, package marking without authorization "for export" Chinese characters engaged in the export business of domestic cigarettes, cigars, illegal cigarettes and cigars worth more than 50% fined not more than 1 time, but the maximum fine amount must not exceed 50,000 yuan;

    (B) violation of the provisions of this article 22nd, exceed the approved business scope of cigarette, cigar smoke, illegal cigarettes and cigars worth more than 50% fined not more than 1 time, but the maximum fine amount must not exceed 50,000 yuan.

    Article 33rd business of tobacco products tobacco monopoly retail licenses, industrial and commercial administrative departments or Administrative Department for industry and commerce in collaboration with the Department of tobacco monopoly administration, ordered to stop the tobacco products retail business, confiscated illegal gains and illegal business 50% 20% more than the total amount of a fine.

    The 34th of the following acts in violation of these rules, the Department of tobacco monopoly administration at the illegal transport of tobacco monopoly commodities 50% 20% more than the total value of a fine, and you can buy their illegal transport in accordance with the regulations of the State tobacco monopoly in serious cases, confiscated illegal transport of tobacco products:

    (A) the circumstances prescribed in the article 29th of this approach, no transportation permit transportation of tobacco monopoly;

    (B) violation of these measures article 30th, Department of tobacco monopoly Administration show that in excess of established limits 1 time more than double the post, brings from tobacco products.

    35th illegal production, management and transport of tobacco monopoly commodities seized party, by the Department of tobacco monopoly Administration two written notification or from the date of seizure 60 (and bad bad bad tobacco products from the date of seizure, 30th) within the Department of tobacco monopoly administration was not accepting treatment, Department of tobacco monopoly Administration may dispose of according to law.

    36th article violation this approach Nineth article second paragraph provides, units and personal unauthorized processing was law confiscated of tobacco monopoly products, by tobacco monopoly administrative competent sector recovered was unauthorized processing of tobacco monopoly products, law confiscated was processing of tobacco monopoly products and price, which purchase people no fault of, price returned purchase people; on unauthorized processing of units at 1000 Yuan above 50,000 yuan following of fine, and by right to organ according to management permission on directly is responsible for of competent personnel and other directly responsibility personnel law give disposition.

    37th tobacco monopoly administration personnel and staff of the departments concerned in processing illegal case of any of the following acts, directly by the authority in accordance with administrative privileges to responsible person in charge and other direct liable persons shall be given administrative sanctions:

    (A) do not have enforcement of tobacco monopoly administration qualification, and dealing with cases of tobacco monopoly;

    (B) violation of law, regulations, the implementation of administrative licensing licensing of tobacco monopoly administration;

    (C) used his position to buy confiscated illegal tobacco products;

    (D) other acts of favoritism, abuse their powers, neglect their duties.

    38th party refuses to accept the decision on administrative penalty from law enforcement authorities, may apply for administrative reconsideration or bring an administrative suit.

    The seventh chapter by-laws 39th purposes herein from the date of publication.