Xiamen City Tobacco Monopoly Regulation (Amended 2004)

Original Language Title: 厦门市烟草专卖管理规定(2004年修正本)

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(March 7, 1997 Xiamen Government makes 54th, announced according to June 28, 2004 Xiamen Government makes 111th, announced of Xiamen City Government on abolition, and amendment part municipal government regulations of decided Amendment) first chapter General first article for strengthening tobacco monopoly management, protection tobacco monopoly products of legal production and business, maintenance consumers interests, guarantee revenue, according to People's Republic of China tobacco monopoly method and other about legal, and regulations, combined this city actual,
    These provisions are formulated.
    Article within the administrative area of the city engaged in the tobacco monopoly of the production, sale and transportation of units and individuals, must comply with this provision.
    Article the tobacco monopoly in these rules refers to cigarettes, cigars, smoking tobacco, redried, tobacco, cigarette papers, filter bar, tow for cigarette, cigarette manufacturing equipment.
    Cigarettes, cigars, cut tobacco and redried leaf referred to tobacco products.
    Article fourth of tobacco monopoly commodities production, sales, import and export law for tobacco monopoly licenses systems.
    Tobacco Monopoly Bureau in charge of the fifth Xiamen City tobacco monopoly, in accordance with the production, management and transport management and monitoring activities of the tobacco monopoly.
    Industry and commerce, public security, transportation, post and telecommunication, technical supervision and other departments, should, in their respective areas of responsibility in accordance with law, cooperative work tobacco monopoly administration the Department of tobacco monopoly administration.
    Sixth Governments at various levels should strengthen the publicity and education of smoking is hazardous to health, banned smoking in public places, to discourage young people from smoking, prohibition of primary and middle school students to smoke.
    Article seventh on the follow-up to the implementation of the People's Republic of China on tobacco monopoly law and the present provisions have made outstanding achievements and inform and assist in investigating the tobacco monopoly law units and individuals, the Department of tobacco monopoly administration shall be rewarded.
    For tobacco monopoly licenses eighth chapter II establishment of enterprises producing tobacco products, required by law to apply for a license for the tobacco monopoly production enterprise.
    Nineth tobacco products wholesale business enterprises must obtain a tobacco wholesale business license according to law. Tenth of units and individuals engaged in retail of tobacco products, you must apply for a tobacco monopoly retail licenses.
    Tobacco monopoly retail licenses by the Xiamen Tobacco Monopoly Bureau or its specified level and approval of the Department of tobacco monopoly Administration certification.
    11th engaged in the tobacco monopoly production and business activities of the unit or individual shall, after obtaining a tobacco monopoly licenses, according to the registration.
    Article 12th units or individuals for tobacco monopoly licenses, any of the following circumstances, it must immediately to the issuing Department for tobacco monopoly licenses change or cancellation, and the industrial and commercial registration or cancellation of registration.
    (A) the enterprise merger, Division, dissolution; (ii) enterprise changes name, domicile, place of type, legal representative, Director, Enterprise, line of business, (iii) is suspended or terminates its operation.
    13th units and individuals engaged in tobacco products and tobacco monopoly licenses must be registered by the place and mode of operation.
    For tobacco monopoly licenses should be placed in prominent positions in their business sites.
    Article 14th forgery, altered, sold, leased, lent for tobacco monopoly licenses.
    Chapter III the tobacco monopoly production and sale of 15th manufacturers of tobacco products must be produced and of the Executive Department of the State tobacco monopoly administration regulations and national standards, and according to the technical specification for production, shall not violate the provisions of the use of harmful additives and pigments.
    16th trademark labels for tobacco products must be printed by enterprises designated by the municipal administration for industry and commerce sectors, without a designated enterprises may not be printed.
    Article 17th of cigarettes, cigars or packaged cut tobacco must be applying for trademark registration, without approval of the registration may not be production and sales.
    18th prohibits the production and sale of counterfeit trade marks and mildew, deterioration of tobacco products.
    19th ban the sale of illegally imported cigarettes and cigars, and stamped "for export" of China-made cigarette, cigar smoke.
    20th a tobacco wholesale business permit companies engaged in cross-province and cross-region allocation of tobacco products, wholesale purchase and sale of business, shall be governed by the relevant provisions of the State.
    Other offices and departments have no trans-provincial, of tobacco products across the region purchase and sale operations.
    21st a tobacco wholesale business permit businesses, tobacco monopoly retail licenses are not allowed to holders of units or individual wholesale tobacco products.
    22nd prohibits the use of the radio, film, television, newspapers, periodicals published a tobacco advertisement.
    Prohibited in all waiting rooms, theatres, Conference halls, sports stadiums and other public places to set up tobacco advertising. Fourth chapter of tobacco monopoly the 23rd tobacco monopoly commodities transportation the transportation permit system.
    Checked or carry tobacco products must follow the rules issued by the Department of tobacco monopoly Administration for tobacco monopoly commodities transportation permit, no transportation permit, the carrier shall not accept.
    (A) across province transport imports of tobacco monopoly products, and processing smuggling of tobacco monopoly products, and domestic tobacco dedicated mechanical of, should holds national tobacco monopoly administrative competent sector issued of tobacco monopoly products associate shipped card; (ii) across province transport domestic tobacco monopoly products, and province within transport imports tobacco monopoly products, and law confiscated of smuggling tobacco monopoly products or domestic tobacco dedicated mechanical of, should holds provincial tobacco monopoly administrative competent sector issued of tobacco monopoly products associate shipped card; province within transport domestic tobacco products of, should holding effective of with goods notes.
    24th in the tobacco monopoly commodities transferred to transportation under customs supervision, in accordance with the relevant provisions of the Customs transit procedure.
    25th post, as well as in and out of this city carry tobacco products shall not exceed the limit of relevant competent departments of the State.
    26th in violation of this fifth chapter penalty provisions, any of the following acts, the Department of tobacco monopoly Administration ordered corrective action and confiscate the illegal income, and impose a fine listed below.
    (A) the tobacco monopoly production Enterprise licenses, tobacco wholesale business licenses and special tobacco monopoly enterprise license, production, management of tobacco products, illegal production and business valued at over 20% fine 50%; (b) the carrier known for tobacco monopoly commodities without a transportation permit, personal transport, illegal transport of tobacco monopoly commodities valued at 10% fine.
    27th article violation this provides, no associate shipped card or over associate shipped card provides number checked, and since shipped tobacco monopoly products and excess carry cigarette, and cigar number larger of, tobacco monopoly administrative competent sector can by national provides acquisition illegal transport of tobacco monopoly products, and sentenced illegal transport tobacco monopoly products or excess carry cigarette, and cigar total 20% above 50% following of fine; has following plot serious behavior one of of, confiscated illegal checked, and since shipped or carry of tobacco monopoly products and illegal proceeds:
    (A) transport of tobacco monopoly products value over 50,000 Yuan or transport cigarette number over 200 pieces (2 million support) of; (ii) transport tobacco monopoly products was punishment 2 times above of; (three) using modified, and camouflage transport tool escape check of; (four) transport illegal imports of cigarette, and cigar or standard has "exclusively for export" words of domestic cigarette, and cigar smoke of; (five) other plot serious of behavior.
    28th article violates these provisions, any of the following acts, the Department of tobacco monopoly Administration ordered corrective action and 50% 20% more than the total value of the illegal tobacco products the following penalties: (a) the tobacco wholesale business-free license, purchase and sale of tobacco products across the province, trans-regional operations, (ii) operating without a permit confiscation of illegally imported cigarettes and cigars.
    29th article violates these provisions, not in time for tobacco monopoly licenses change, cancellation procedures and not by the tobacco monopoly licenses and registered by the site, or does not light license, the Department of tobacco monopoly administration shall be ordered to correct, punishable by less than 1000 Yuan and 3000 Yuan fine.
    30th in violation of this provision and sale of illegally imported cigarettes and cigars and stamped "for export" of domestic cigarettes, cigars, and the Department of tobacco monopoly administration shall order correction, confiscation has not sale of cigarettes, cigars, and Department sales totalling more than 20% 50% the following penalty.
    31st in violation of this provision, sale, lease or loan for tobacco monopoly licenses and transportation permit, the Department of tobacco monopoly Administration ordered corrective action and fined 1000 Yuan and 30,000 yuan fine.
    Forged or altered for tobacco monopoly licenses, transportation permit and the sale of the tobacco monopoly licenses, transportation permit if the circumstances are serious, shall be investigated for criminal liability. 32nd article violation this provides, has following behavior one of of, by business administration sector ordered corrected, and by following provides be punishment: (a) no tobacco monopoly retail license business tobacco products retail business of, at illegal business total 10% above 30% following fine; (ii) illegal printed tobacco products trademark identifies of, destroyed printed of trademark identifies, confiscated illegal proceeds, and at illegal proceeds 1 time times above 3 times times following fine; (three) production, and sales without registered trademark of cigarette, and cigar smoke, and
    Has packaging of tobacco of, at production, and sales total of 20% above 50% following fine; (four) production, and sales fake others registered trademark and mold bad, and metamorphic of tobacco products of, confiscated yet sales of tobacco products and illegal proceeds, and at illegal proceeds 1 time times above 5 times times following fine, can revoked license; constitute crime of, law held criminal; (five) reselling tobacco monopoly products of, confiscated reselling of tobacco monopoly products and illegal proceeds, and can sentenced reselling total 20% following fine.
    33rd of tobacco monopoly administration authorities or other staff in violation of the provisions of the administrative law enforcement abuse, malpractice or neglect their duties, penalties constitute a crime, criminal responsibility shall be investigated according to law.
    Article 34th tobacco monopoly administration departments or other administrative law-enforcement departments and their staff illegal exercise of authority, causing damage by the parties, should be liable. Sixth chapter supplementary articles article 35th of the regulations come into force on April 1, 1997.