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Administrative Measures For Tobacco Monopoly In Haikou City

Original Language Title: 海口市烟草专卖管理办法

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(Summit No. 46th ordinary meeting of the Government of the Sea, 20 September 2005 to consider the adoption of Decree No. 54 of 19 October 2005 on the People's Government Order No. 54 of 19 October 2005 on 30 November 2005)

Chapter I General
Article 1 regulates the sale of tobacco, protects the legitimate rights and interests of operators and consumers, guarantees the stability of national and local financial taxes, and develops this approach in line with laws, regulations and regulations such as the People's Republic of China Act on Tobacco sales, the People's Republic of China Act on Tobacco Sale.
Article 2 units and individuals involved in the production, transport, storage, sale and import and export operations of tobacco exclusive sales within the city's administration must be subject to this approach.
Article 3 of this approach refers to cigarettes, cigarettes, cigarettes, smoking, smoking, smoking paper, smoking, smoking and tobacco-specific machinery.
Tobacco products are cigarettes, snow cigarettes, cigarettes and smoking.
Article IV is responsible for the management of tobacco exclusive sales within the city's jurisdiction.
The sectors such as commerce, business, public safety, quality technical supervision, customs, border, transport, rail, civil aviation, shipping, postal, material prices, and city administration should be aligned with the management of tobacco exclusives, in accordance with their respective responsibilities.
Article 5
(i) Promote and implement laws, regulations and regulations relating to the exclusive sale of tobacco;
(ii) Implement policies, measures, measures and policies and measures for the sale of tobacco in the city's administration;
(iii) Monitoring of the sale of tobacco;
(iv) The conduct of the inspections in violation of the laws, regulations and regulations governing the exclusive sale of tobacco;
(v) Other responsibilities under laws, regulations.
Article 6. The municipalities, the people of the region have strengthened their leadership in the management of tobacco sales, organized coordinated activities to combat tobacco violations and address the major problems arising from the sale of tobacco.
The communes (communes), street offices, village (communication) committees should actively assist in the management of tobacco exclusives in municipalities and neighbourhood governments.
Chapter II
Article 7. The production, operation and transport of tobacco-borne goods is governed by the law and the licensing and quasi-transmission regime for tobacco sales.
Any unit or person under Article 8 must obtain a corresponding licence for the exclusive sale of tobacco and, in accordance with the law, a licence for business registration may be engaged in the production and operation of tobacco-based sales.
Article 9. Units and individuals who have obtained a licence for the sale of tobacco must be subject to the supervision, inspection of the administrative authorities for the sale of tobacco and to the inspection of the administrative authorities for the sale of tobacco.
Article 10 units and individuals who have obtained a licence for the sale of tobacco must operate strictly in accordance with the scope of the licence and geographical scope.
Any unit or person in Article 11 shall not forfeiture, modify, borrow, rent, transfer and replicate licences for the sale of tobacco.
Article 12. Tobacco sale of retail licences is governed by a “any shop” system.
Article 13 operators must sell exclusive retail licences and the “removal of smoking and smugglers from small and medium-sized students” to be placed in a prominent place in the premises.
Article XIV units and individuals who obtain a licence for the sale of tobacco, whose licence remains (intrusive, copy) or subject to a change in the registration of a licence, shall apply to the licensee within 30 days of the date of loss or change. In order to meet conditions, the administrative authorities for the sale of tobacco shall operate within 30 days of the date of receipt of the application; the reasons for non-compliance should be given in writing to the applicant.
The units and individuals who have obtained a licence to sell tobacco shall be subject to a licence to sell the licensee within 30 days of the date of the operation.
Chapter III Production and sale of tobacco-based goods
Article 15 smoking should be planted in accordance with the State's plan and after the signing of a contract with Tobacco.
The cigarette is subject to exclusive sales management.
Article 16 Production of tobacco products must be licensed by law for the sale of licenses for the production of tobacco, approved by the State Department's administrative authorities. No unit or individual may produce tobacco products without approval.
Article 17 operates the production of tobacco products and must obtain, under the law, the exclusive sale of licenses of companies authorized by the State Department or provincial authorities for the exclusive sale of tobacco. No units and individuals shall be allowed to engage in the production of tobacco. Tobacco, North and South Province, is the only enterprise within the city's administrative region that engages in the production of tobacco products.
Tobacco products must be marked by the exclusive sale of goods from the city's gateway to the gateway. Any unit and individual are prohibited from illegally producing, selling and selling the mark.
Article 18 operates a “feasing” system for tobacco products. Units and individuals operating tobacco products must sell retail licences to tobacco companies from shores in southern Province and store relevant vouchers such as purchase invoices.
Article 19 promotes and advertise activities for tobacco products within the city's administration and must be ratified by law.
Article 20, cigarette operators shall not use the names of unauthorized tobacco advertisements, markers and unauthorized cigarette sales stores; nor shall air smoking boxes be released and placed in the operation.
Article 21 prohibits the production and sale of cigarettes, smuggling of cigarettes, non-smoking and false markers.
Activities such as the illegal operation of cigarettes, smuggling of cigarettes, non-cigarettes and false markers should not be facilitated.
This approach refers to the use of cigarettes, corporate names, quality certificate symbols and smoking in the name of the other person's registered trademarks, cigarettes, snow cigarettes, smugglers, cigarettes, cigarettes and illegal circulation in the domestic market and to the use of “for export”, cigarettes; non-smoking means that they cannot be certified by means of effective vacation or non-shipment of cigarettes.
Article 22 Production and operation of cigarettes, cigarettes, cigarettes, smoking, smoking, and exclusive sales, such as cigarettes, smoking, cigarettes, cigarettes and cigarettes, etc., shall be reviewed and signed by the municipality's executive authorities for the exclusive sale of cigarettes, forbidden administrative authorities, and may be produced and operated after the relevant licence is obtained.
Article 23 phase-out of obscene, illegal files, residues, filters, cigarettes and simmers, which are monitored by the municipal tobacco sales administration authorities, and no units and individuals are allowed to do so.
Article 24 prohibits the provision of tobacco-specific machinery for the production of cigarette smoking (including the exclusive distribution of tobacco machines), the cigarette mark and the supporting material.
Chapter IV
Article 25 Transmission of Tobacco-providing products beyond the scope of operation shall be subject to the quantification of Tobacco-transfers issued by the administrative authorities or their authorized bodies. An effective purchase voucher was held in the shore area for the delivery or self-shipment of tobacco sales.
Article 26 The transport of tobacco products must be in keeping with the evidence, the licensee, and tobacco products that are transported cannot be used in the same transport tool and should be issued as a sign.
Article 27 states that:
(i) The use of falsification, alteration, photocopy and long-term means of delivery;
(ii) The use of quasi-signatory documents that go beyond the effective authority;
(iii) Resistance of the use of quasi-delivery or quasi-signer;
(iv) The type, quantity, specifications and retransmission approved by the quasi-signatory;
(v) The use of means of concealing, deceiveing, to obtain the exclusive transport of tobacco-based goods by means of concealment;
(vi) Transport, storage of unlimited means of delivery of cigarette-property sales cannot provide a legal and effective voucher of purchases on local tobacco-professional channels;
(vii) Other acts of non-cocococoa-proced transport of insecticide-treated goods.
Article 28 does not permit the carrier to enter into the exclusive sale of tobacco for units and individuals without the licensee of tobacco.
Article 29 allows the authorities of the Tobacco sale to inspect, in accordance with the law, the transport of tobacco-based goods on the road, vehicle stations, freight stations, airports, ports, terminals, etc., and the authorities should actively assist.
Oversight inspection
Article 33, when the administrative authority for the sale of tobacco is detected, may exercise the following functions under the law:
(i) Inquiring parties, suspects and witnesses of violations to investigate activities related to tobacco violations and to collect relevant material of evidence;
(ii) To inspect the place of sale of tobacco and to carry out mandatory inspections on the basis of the reporting of places of transport instruments, storage of tobacco sales;
(iii) Access, replication, copying, suspension of contracts, invoices, books, documents, documents, operational letters, licences, quasi-shipment and other information relating to tobacco violations;
(iv) To decide on seizures, suspensions, registration of insecticide-treated, proceeds of violations and tools to facilitate the illegal operation.
Article 31 concerning the law enforcement and law enforcement officials shall not be subject to a penalty of imprisonment, private subordination or distributive dispersion of the sale and punishment of tobacco.
The relevant units and individuals in article 32 should actively report on the sale of tobacco by giving incentives to the reporting authorities.
Article 33 Tests are validated by the Department of State or provincial government product quality monitoring stations designated by the Government.
Article 34 Values of the sale of tobacco in violation of the law:
(i) The value of general tobacco sales is based on national guidance prices;
(ii) The value of cigarettes is calculated on the basis of local tobacco-proced business guidance prices, without guidance, taking into account the same product market value;
(iii) The value of a false cigarette and a mark, whether sold or not, shall be calculated in accordance with the price of a cigarette of the same type of authentication;
(iv) The value of smuggling is calculated at market prices.
Chapter VI Legal responsibility
Article 33 15, in violation of article 10 of the scheme, goes beyond the scope of operation under the licence and the operation of the area of geographical scope, with the recovery and write-off of licences by the administrative authorities of the Tobacco sale and fines of up to 5,000 dollars; in the case of serious circumstances, the licence was revoked by the business administration.
Article 36, in violation of article 11 of this approach, provides for the forgeration, alteration, loan, transfer, replication of licences for the sale of tobacco and the recovery and write-off of licences by the administrative authorities of Tobacco and a fine of up to 8,000 dollars.
Article 37, in violation of article 12 of this approach, provides that more than one proves to be operated by the licensee, which is recovered and cancelled by the administrative authorities of Tobacco, and fines of up to 5,000 dollars, are severely suspended by the business administration sector; and penalties for other undocumented operators are still imposed.
In violation of article 13 of this approach, a uniform licence for the exclusive sale of tobacco and a warning card for the prohibition of the smoking of small and medium-sized students and the sale of cigarettes to minors has been placed in a prominent place in the area of operation, which is being converted by the Tobacco-lawing administrative authorities, rejects the correctness and allows for a fine of up to $50 million.
In violation of article 14 of this approach, the failure to process a licence for loss, change, and the procedures of the archaeological industry has been modified by the order of the administrative authorities for the sale of tobacco, warnings and fines of 500,000 dollars.
Article 40 units and individuals obtaining a retail licence for the sale of tobacco, one of the following cases, were recovered and cancelled by the administrative authorities for tobacco sales and the sale of retail licences:
(i) The illegal operation of tobacco products constitutes criminal liability for the judiciary;
(ii) Removal, smuggling and non-moking;
(iii) Removal of licenses by business administration authorities by law;
(iv) The obstruction of access by law enforcement officials of the administrative authorities to inspect by law;
(v) The applicant, using means of concealment, deception, unlawful access to a retail licence for the sale of tobacco.
Article 40, in violation of article 16 of this scheme, does not obtain, in accordance with the law, a licence for the production of tobacco products by a company exclusive of tobacco production and is ordered by the exclusive sale of administrative authorities to stop production, impose the seizure of illegal production equipment, raw materials, forfeiture proceeds of violation, a fine of more than twice the value of the production of tobacco products in violation of the law and public destruction of tobacco products produced in violation of the law.
In violation of article 17, paragraph 1, of the present approach, a licence for the sale of licenses by a company free of tobacco to engage in the production of tobacco products was ordered by the authorities of the Tobacco-transfer Administration to cease the operation of the Tobacco products and forfeiture the proceeds of the conflict and impose a fine of more than 50 per cent of the value of tobacco products in violation.
In violation of article 17, paragraph 2, of the present approach, the illicit production, sale, use of a mark for the sale of goods by the administrative authorities of tobacco exclusives for the purpose of selling the mark of the illicit tobacco use, the proceeds of the conflict and the production, sale, use of tools, equipment and fines of up to $30,000.
Article 43 does not sell retail licences for the sale of tobacco products, which is prohibited by law by the business administration or by the administrative authorities for the sale of tobacco, forfeiture the proceeds of undocumented operations and violations and for fines of up to 20,000 dollars, for which there is a high scale of operation and severe social harm, and for a fine of up to 20,000 yen, the licence of business is revoked by law.
Article 44, in violation of article 19 of this approach, unauthorized advocacy and advertising activities for tobacco products without the approval of, shall cease advocacy and advertising activities by the business administration or the administrative authorities for the sale of tobacco, and impose a fine of up to 10,000 dollars under the law.
Article 42, in violation of article 20 of this approach, provides that names of tobacco advertisements, bids and cigarette sales stores are not authorized, as well as the release, posting of air cigarette boxes in the business administration sector or the exclusive sale of administrative authorities, with a fine of up to 1000 dollars.
Article 46 provides for units and individuals with exclusive sale of retail licences, with one of the following cases, with corresponding penalties from the relevant authorities:
(i) The cigarette and the cigarette trade mark in violation of the law and the commercial administration or the exclusive sale of administrative authorities for the purpose of confiscation by law of cigarettes operating in violation of the law, a false mark and the proceeds of the violation, and a fine of more than three times the total value of the cigarette in violation of the licence of the licence of the operation.
(ii) The smuggling of cigarettes in violation of the law by the business administration or the exclusive sale of administrative authorities forfeiture of the proceeds of smuggling in violation of the law and the proceeds of the law, and the imposition of a fine of 20 per cent of the total value of cigarette smuggling in violation of the law.
(iii) The illegal operation of non-smoking and the suspension of sales by the administrative authorities of tobacco exclusive sale, confiscation of proceeds of the violation and the imposition of a fine of up to 10 per cent of the total value of non-moking in violation of the law.
The total value of the goods in breach of the law in subparagraph (i) (ii) (iii) cannot be determined, with a fine of up to 30,000 dollars.
Article 47 provides facilities such as transport, custody, warehousing, mailing, concealment, for the purpose of detecting or sensitizing the operation of cigarettes, smuggling, non-smoking or false cigarette mark marking activities, and imposes an end to the offence and fine of up to $20,000.
Article 48, in violation of article 22 of this approach, does not obtain the relevant licences for the production and operation of cigarettes, cigarettes, cigarettes, smoking, filters, etc., as well as for cigarettes such as smoking, cigarettes, cigarettes, cigarettes, cigarette production of cigarettes, etc., punishable under article 56, subparagraph (b) of the Regulations on the exclusive sale of tobacco in the People's Republic of China.
Article 49, in violation of article 23 of this approach, imposes penalties in accordance with article 62 of the Regulations of the People's Republic of China on the Application of the Tobacco Patriotics Act; otherwise processed, fines of up to $30,000 for the exclusive sale of administrative authorities and disciplinary action against the responsible person.
Article 50, in violation of article 24 of this approach, provides a specialized machinery for the production of cigarette smoking (including a pyrotechdical fiduciary), a cigarette mark, the raw material, with the responsibility of the administrative authorities for the recovery of the goods provided, for the confiscation of proceeds of the offence and a fine of up to 50 per cent of the proceeds of the crime.
Article 50, in violation of articles 25, 26 and 27 of this approach, provides that the transport of tobacco-based goods without acquisition is delivered without absorption, with a fine of more than 50 per cent of the value of the sale of tobacco in violation of the law by the administrative authorities, which purchases the exclusive sale of tobacco in violation of the law, and in serious circumstances confistrues and proceeds of the violation.
Article 52, in violation of article 28 of this approach, provides that units and individuals who are free of acquiescence of the sale of tobacco are subject to a fine of up to 20 per cent of the value of the exclusive sale of tobacco by the executive authorities of tobacco and that the carrier is in breach of the law.
Article 53 units and individuals involved in the operation of tobacco-based goods, in violation of the relevant provisions of the management of the security sector in the operation, are punished by public security authorities in accordance with the provisions of the National People's Republic of China Regulations on the Safety and Security of the People's Republic of China; and criminal responsibility is lawful.
Article 54, in accordance with the law of the seizure, suspension and registration of the related material subject to notification, notice, notice, notice, etc., cannot find that the party or the party refuses to accept the investigation, which may be dealt with by law after 30 days of the date of the notification, the notice and the notice.
Article 55 of the parties' decisions on administrative penalties for the sale of tobacco, may apply to administrative review under the law or to the People's Court.
The competent authorities that have made administrative sanctions decisions that are overdue without application for review, non-execution and non-implementation of sanctions decisions may enforce or apply to the enforcement of the People's Court by law.
Article 56 of the Convention on the sale of tobacco by the administrative authorities and other relevant departments shall be confiscated in the treasury of the State of origin, and any unit or individual shall not be permitted to be retained, privately transferred in any form or reason.
Article 57, in violation of article 31 of this approach, provides that the ultra vibrant treatment of tobacco violations is governed by administrative control by the administrative inspectorate or its competent authorities against the heads of units and those directly responsible.
Article 588 State staff, in violation of the laws, regulations and this approach, provides that negligence, provocative fraud, abuse of authority, bribes or facilitation of activities such as the illicit production, operation, etc. of tobacco-proced goods, shall be subject to administrative disposition by their units or superior authorities; that constitutes a crime punishable by law; and that the relative loss of administration should be borne by law.
Chapter VII
The specific application of this approach is explained by the Hygiene and Tobacco sales office.
Article sixtieth of this approach has been implemented effective 30 November 2005.