Key Benefits:
(Act No. 54 of 7 March 1997 of the People's Government Order No. 54 of the House of Commons, amended by Decision No. 111 of the People's Government Order No. 111 of 28 June 2004) Chapter I General Article 1 provides for the development of this provision in line with the People's Republic of China Act on Tobacco and other relevant laws, legislation and regulations, in order to strengthen the sale of tobacco and the protection of the legitimate production and operation of the sale of tobacco products. Article 2 units and individuals involved in the production, sale and transport of tobacco-proced goods within this city's administration must comply with this provision. Article 3 refers to cigarettes, cigarettes, cigarettes, smoking, smoking, smoking paper, filters, cigarettes, tobacco-specific machinery. cigarettes, snow cigarettes, cigarettes and smoking. Article IV Production, sale, import and export of tobacco-based goods is governed by the law. Article 5 The sectors such as business, public safety, transport, mail and technical supervision should be governed by the law, in collaboration with the administrative authorities for the exclusive sale of tobacco, within their respective mandates. Article 6. Governments should strengthen awareness-raising education on smoking harmful to health, prohibit smoking in public places, discourage adolescents from smoking and prohibit smoking among young students. Article 7 provides incentives for the implementation of the People's Republic of China Act on Tobacco sales and this provision, as well as for the prosecution and assistance of the Chacoto in the sale of cases in violation of the law. Chapter II Article 8. Businesss that produce tobacco products must be licensed by law for the exclusive sale of business licences. Article 9 Businesss operating the Tobacco-production operation must, in accordance with the law, seek to sell licenses to companies. Article 10 units and individuals operating the retail operation of tobacco products must be licensed to sell retail licences. The exclusive sale of retail licences is authorized by the House of Tobacco and its designated lower-level Tobacco-professional authorities. Article 11. A unit or individual engaged in the production, operation of tobacco-professional activities shall be registered in accordance with the law after obtaining a licence for the sale of tobacco. Article 12 units or individuals who have obtained a licence for the sale of tobacco are one of the following cases and must be processed in a timely manner to the licensee in order to obtain a change or cancellation of the licences for the sale of tobacco and to proceed with the registration or cancellation of registration procedures for commercial changes. (i) Business consolidation, separation and withdrawal; (ii) Enterprise change name, residence, place of business, statutory representative, head, type of enterprise and scope of business; (iii) The operation. Article 13 units and individuals operating tobacco products must operate in a manner that is registered under a ban on tobacco. Tobacco sales permits should be placed at a prominent place in the place of operation. Article 14. Prohibition of the forfeiture, sale, rental and transfer of licences for the sale of tobacco. Chapter III Article 15. Tobacco-product production enterprises must implement the limits of production regulations and national standards of the National Tobacco sales administrative authorities and produce in accordance with the norms of the process, without prejudice to the use of harmful addants and sensitivities. Article 16 sets of markers for Tobacco products must be produced by businesses that are determined by the municipal and commercial administrations, and no undetermined businesses may be produced. Article 17, cigarettes, cigarettes and cigarettes must apply for the registration of trademarks, without approval, and shall not be produced and sold. Article 18 prohibits the production, sale of tobacco products that are in possession of other registered trademarks and moils. Article 19 prohibits the sale of illegal imports of cigarettes, cigarettes, and the printing of national cigarettes with “for export”. Article 20 enterprises with a exclusive sale of licenses of companies that engage in cross-provincial, cross-regional tobacco products transfers, and consortium purchases should be implemented in accordance with the relevant national provisions. Other units and sectors may not operate across provinces and across regions to purchase tobacco products. Article 21, a company with a exclusive sale of licenses of companies, shall not be allowed to distribute tobacco products to units or individuals who do not have a licence to sell a retail licence. Article 22 prohibits the use of radio, film, television, newspapers and journals to issue tobacco advertisements. Tobacco advertisements are prohibited in public places such as waiting rooms, theatres, chambers, sports clubs. Chapter IV The transport of tobacco-professional goods is governed by the quasi-transmission regime. The shipment or self-shipment of tobacco exclusives must be subject to the following provisions: (i) The transport of the import of tobacco exclusives, the handling of smuggled cigarette sales, the national machinery for tobacco use, and the possession of a national card for the import of tobacco-proced goods by the administrative authorities; (ii) The exclusive sale of tobacco in trans-state transport countries, the transport of tobacco-importing products in provinces, the smuggling of tobacco-frees forfeitures or national insecticide-treated machines for tobacco use, which are legally confiscated, shall be held by the provincial tobacco exclusive-proof authorities for the purpose of selling the licensee of tobacco; The production of tobacco products in the State of Transport in the province shall be subject to effective orders. Article 24 is transferred to the sale of tobacco-based goods under customs regulation and is governed by the customs regulations. Article 25 mail and access to tobacco products in the city shall not exceed the limits established by the relevant national authorities. Chapter V Article 26, in violation of this provision, contains one of the following acts, which are being redirected by the administrative authority for the exclusive sale of tobacco, forfeiture of proceeds of violations and fines according to the following provisions. (i) The sale of licenses for the production of enterprises, the sale of licenses for the exclusive sale of licenses and the sale of licenses for the operation of enterprises for the production, operation of tobacco products, and the production and operation of tobacco products, which is punishable by more than 50 per cent of the total value of the operation; (ii) The carrier knows that it is a unit free of charge and a personal transport that violates a fine of up to 10 per cent of the total value of sales of tobacco. Article 27, in violation of this provision, provides for a quantity of arables or more than quasi carriers, forbids from the sale of cigarettes and over-loaded cigarettes, the high number of cigarettes, and forbids by the administrative authorities to purchase the exclusive sale of tobacco in violation of the law by the State and to impose a fine of more than 50 per cent of the total value of cigarettes in violation of the provisions of the law, forfeiture, or sale of tobacco. (i) The value of the cigarette sold in transport exceeds 50 million yen or more than 200 (2.0 million dollars); (ii) More than two times the penalties for the transport of tobacco-based goods; (iii) The use of diversionary, defiable transport tools to avoid inspection; (iv) The transport of illegal imports of cigarettes, cigarettes or national cigarettes containing the word “for export”; (v) Other serious acts. Article 28, in violation of this provision, has one of the following acts, been converted by an order of responsibility of the administrative authorities for the exclusive sale of tobacco, which is punishable by more than 50 per cent of the total value of tobacco products in violation of the law: (i) The exclusive sale of licenses of companies and the acquisition of tobacco products across provinces and across regions; (ii) No unlawful import of cigarettes and smoking. Article 29, in violation of this provision, does not proceed in a timely manner with changes in licences for the sale of tobacco, write-off procedures and unregistered business sites, modalities or omissions registered under the Tobacco exclusive sales permit, which is subject to a fine of up to $3000. In violation of this provision, the sale of illegal imports of cigarettes, cigarettes and cigarettes containing “ex-exports” cigarettes, snow cigarettes is converted by an order of the administrative authority for the sale of tobacco, confiscation of unsale cigarettes, cigarettes and a fine of up to 50 per cent of the total sales value. In violation of this provision, the sale, sale, rental, sale of licences and quasi-shipment permits for tobacco exclusive purposes is modified by an order of responsibility of the administrative authorities for the sale of tobacco, with a fine of over 3,000 dollars. Constraints, the sale of licences for the sale of tobacco and the sale of licences for the sale of tobacco, the circumstances of the quasi-transport warrant are criminally criminalized by law. In violation of this provision, there are one of the following acts, which are being corrected by the business administration and punished in accordance with the following provisions: (i) The sale of retail licences for the sale of tobacco products and the operation of retail operations for tobacco products under the law of up to 30 per cent of the total operating value; (ii) The illicit production of the mark of tobacco products trademarks, the destruction of the mark, the confiscation of proceeds of the violation and the imposition of more than three times the penalties for the proceeds of the violation; (iii) The production, sale of cigarettes without registered trademarks, cigarettes, packaging cigarettes, and the production, sale of more than 50 per cent of the total value; (iv) The production, sale of vouchers and mudry and transcendant tobacco products, forfeiture of unsale tobacco products and proceeds of violations, and a fine of more than five times the proceeds of the violation may be revoked; and constitute criminal liability by law; (v) The sale of tobacco exclusives and the confiscation of the proceeds of the sale of cigarettes and of the law, with a fine of 20 per cent of the total value of the sale. Article 13. Staff members who sell administrative authorities or other administrative law enforcement services to tobacco are subject to administrative disposal in violation of this provision to abuse of their duties, favouring private fraud or toysing negligence, and constitute criminal liability by law. Article 34 of the Convention on the sale of administrative authorities or other administrative law enforcement authorities and their staff members shall be liable under the law. Annex VI Article 55 of the present provision was implemented effective 1 April 1997. |
