Tobacco Monopoly Administration Punishment Procedure

Original Language Title: 烟草专卖行政处罚程序规定

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Tobacco monopoly administration punishment procedure

    (January 21, 2010 People's Republic of China Ministry of industry and information technology announced as of May 1, 2010, 12th) Chapter I General provisions

    First in order to regulate the implementation of tobacco monopoly administration punishment, safeguard and supervision Department of tobacco monopoly administration administration according to law, safeguard China's tobacco monopoly system, protect the legitimate rights and interests of citizens, legal persons and other organizations, in accordance with the People's Republic of China Law on administrative punishment, the People's Republic of China on tobacco monopoly law and the People's Republic of China on tobacco monopoly law implementing regulations and other laws and administrative rules and regulations, this provision is enacted.

    II Department of tobacco monopoly administration at all levels the implementation of administrative punishments, these provisions shall apply.

    Third Department of tobacco monopoly Administration impose administrative penalties, it should be guided by the following principles:

    (A) the facts, nature and seriousness of the violations and the harm;

    (B) subject eligibility, procedure legal, complete the procedures;

    (C) combination of punishment and education, guided consciously abide by citizens, legal persons and other organizations;

    (Iv) fairness, impartiality, openness and transparency, and guarantee the legitimate rights and interests of the parties.

    Article citizens, legal persons and other organizations to the Department of tobacco monopoly Administration for the administrative penalty, in accordance with law statements, defence of rights; not satisfied with the administrative penalty, Department of tobacco monopoly administration shall have the right to up level may apply for administrative reconsideration or bring administrative proceedings.

    Article at all levels of the Department of tobacco monopoly administration shall establish and improve internal supervision system in administrative punishment, ensure the imposition of administrative penalty according to law.

    Chapter II jurisdiction

    Article sixth of tobacco monopoly administration punishment cases by violations of tobacco monopoly administration departments at or above the county level shall have jurisdiction.

    Seventh County jurisdiction of the Department of tobacco monopoly administration cases that occurred within their respective jurisdictions.

    The municipal jurisdiction of the Department of tobacco monopoly administration of cases that have a significant impact within their respective jurisdictions.

    The provinces, autonomous regions and municipalities directly under the jurisdiction of the Department of tobacco monopoly administration within their respective jurisdiction's major and complex cases.

    Department of the Department of tobacco monopoly administration jurisdiction cases that have major impact on the country.

    Eighth on the parties the same offence two or more of the Department of tobacco monopoly administration shall have jurisdiction, filed before the Department of tobacco monopoly administration under the jurisdiction dispute and submitted to the joint jurisdiction of the Department of tobacco monopoly Administration specified at a higher level.

    Nineth Department of tobacco monopoly Administration found that the cases should be investigated by the other jurisdiction of the Department of tobacco monopoly administration shall transfer the case to the Department of tobacco monopoly administration that has jurisdiction.

    Transferred to the jurisdiction of the Department of tobacco monopoly administration objections, shall be submitted to the joint jurisdiction of the Department of tobacco monopoly Administration specified at a higher level shall not be transferred individually.

    Tenth superior Department of tobacco monopoly Administration can be investigated directly subordinate of the jurisdiction of the Department of tobacco monopoly administration cases.

    Department of tobacco monopoly Administration considers a case has a significant impact, can be submitted to the jurisdiction of the Department of tobacco monopoly administration at a higher level.

    11th the Department of tobacco monopoly administration that has jurisdiction for special reasons cannot or should not be jurisdictional, directly by the Department of tobacco monopoly administration at its previous level jurisdiction or the jurisdiction of the Department of tobacco monopoly administration.

    The 12th Department of tobacco monopoly Administration found that the cases should be investigated by the jurisdiction of other administrative bodies, should be transferred to the other administrative organs according to law.

    Illegal act constitutes a crime, Department of tobacco monopoly administration shall transfer the case to judicial organs for criminal liability shall be subject to administrative punishment instead of punishment.

    Chapter III summary procedure

    13th illegal facts are clear and there is a statutory basis, below 50 for citizens, legal person or other organization punishable by administrative penalties fines less than 1000 Yuan or given a warning, and law enforcement officers would be able to make the decision on administrative penalty. 14th law enforcement officers spot before making a decision of administrative penalty according to law, should take the initiative to produce their above the provincial level of examination of documents issued by the Department of tobacco monopoly administration, and shall inform the Parties shall have the right and the right to be heard.

    Statements and pleadings of the parties reasonable and lawful, law enforcement officials should adopt.

    Of administrative penalty made on the spot decided by law, law enforcement officials should fill out the order form, number of tobacco monopoly administration punishment decision letter and signed by the parties on the spot.

    Written decision of tobacco monopoly administration penalties stipulated in the preceding paragraph shall specify the party's basic situation, types of illegal facts and basis of administrative punishments, penalties, fines, penalty payment method and terms, remedies and terms, make administrative punishment of time and place, name of the Department of tobacco monopoly administration and other content, and signed by law enforcement officials. Decision of administrative penalty from law enforcement officers, it should be in the 2nd report on the Department of tobacco monopoly administration. After receiving the filing Department of tobacco monopoly administration, should be reviewed in a timely manner and in accordance with the regulations as archives.

    Errors found should be corrected.

    Fourth chapter programs

    Section Office

    15th article Department of tobacco monopoly administration shall find illegal suspects or other authorities received reports, transfer, materials assigned by the superior authority date of verification and decide whether to file them in the 7th; extension of Office decided the case is significant and complex needs, should be approved by the head of the Department of tobacco monopoly administration, and shall inform the parties in writing.

    16th under any of the following circumstances, the Department of tobacco monopoly administration shall file investigation:

    (A) preliminary investigation, have a certain amount of illegal facts, should be given administrative punishment;

    (B) according to the concerned illegal facts and evidence provided by informants, needs Office investigated;

    (C) the master party illegal activities clues, and suspected illegal need to continue with the investigation;

    (D) the Department of tobacco monopoly administration shall specify the jurisdiction of the superior;

    (E) the other circumstances of the case investigated and dealt with according to law. Article 17th Office shall be filled by the undertaker filing reporting forms and case-related materials, the head of the Department of tobacco monopoly Administration for approval.

    Head of the Department of tobacco monopoly Administration approval date is the filing date.

    On the illegal activities that are taking place, have jurisdiction over the Department of tobacco monopoly administration shall immediately investigate, and 7th replacement filing formalities according to law after the investigation.

    18th under any of the following circumstances, the Department of tobacco monopoly administration shall not be filed; has been filed, should be revoked:

    (A) administrative penalties stipulated in violation than the legal time limits;

    (B) does not belong to the jurisdiction of the authorities;

    (C) illegal facts are not established, or obviously minor and have corrected the violations;

    (D) other circumstances as stipulated by laws and administrative regulations shall not be filed. No registration or revoke a case placed on file should fill out no Charter or revocation of case report forms, and reported to the head of the Department of tobacco monopoly Administration approval.

    Belongs to another administrative body jurisdiction over a case, Department of tobacco monopoly administration shall be transferred to the other administrative organs in the 7th.

    19th for reporting or other bodies to which a case, of the Department of tobacco monopoly Administration decided not to file, or transferred to the authority shall notify the anonymous informants.

    Of the Department of tobacco monopoly administration shall not be incorporated as archives. 20th of law enforcement personnel and parties directly interested, should be actively avoided.

    Party shall have the right to apply for law enforcement officers to avoid.

    Avoidance of law enforcement personnel, decided by the head of the Department of tobacco monopoly administration; withdrawal of the head of the Department of tobacco monopoly administration, the Department of tobacco monopoly Administration decided at a higher level.

    Section II of investigation and evidence collection

    21st Department of tobacco monopoly administration shall be in accordance with a comprehensive, objective and just collect or obtain evidence.

    22nd article Department of tobacco monopoly Administration to an investigation or inspection, law enforcement officials shall be at least two people.

    Law enforcement officers investigating violations, should wear a coat of arms of the Department of tobacco monopoly administration under the State Council, produced above the provincial level of examination of documents issued by the Department of tobacco monopoly administration. The 23rd law enforcement officials should collect evidence in connection with the case in accordance with law.

    Evidence included the following:

    (A) documentary evidence;

    (B) physical evidence;

    (C) the interrogation;

    (D) the testimony of witnesses;

    (V) audio-visual material;

    (F) expert conclusions;

    (VII) an inquest or examination.

    Evidence shall be provided for in the preceding paragraph in accordance with the law relating to evidence and after examining the case, as a basis for ascertaining the facts.

    24th article of law enforcement personnel from the unit check out, copy, and illegal activities related to the contract, invoice, account books, documents, records, documents, business correspondence and other materials, above the county level shall present their letter of Investigation Department of tobacco monopoly administration.

    Law enforcement officials should collect or obtain original documents as evidence in connection with the case; there is difficulty in taking the original evidence, originals can be copied, reproduced, copied, photographed, and signed by the holder of the original evidence or otherwise confirm the copy, copy, extract, photos and original line.

    Evidence involving State secrets, business secrets or personal privacy, the Department of tobacco monopoly administration and law enforcement officials should be kept confidential. 25th extracting physical evidence should be counted on the spot, issue a list of items and by law enforcement officers, parties sign or otherwise confirmed.

    Refused to confirm or not the presence of the parties, shall have at least two witnesses confirmed less than two of the witnesses or refuse to confirm, law enforcement personnel should be indicated in the list of goods and signs it.

    26th law enforcement officials ask parties and witnesses shall be carried out individually and inform them of the legal rights of the legal responsibility and provide false evidence or conceal evidence. Ask those questioned record shall be checked; be asking people who have difficulty reading, should be read to them. After it has been checked, by the person being interrogated on the transcripts page-by-page signed or otherwise confirmed.

    Records errors, omissions, interrogated should be allowed to correct or supplement, alter parts should be signed by the person being interrogated, or otherwise confirm person questioned refuses to confirm that law enforcement personnel shall indicate the situation on the record and signed. 27th law enforcement officials should collect audio-visual material to the original carrier. Collection of original carrier have difficulty, you can collect copies for security, making method, production time, producers and so on.

    Transcript of the audio information shall be attached to the relevant words. 28th article on alleged violations of the site inspection, law enforcement officials should make examination and cross-party signatures or otherwise confirmed.

    Refused to confirm or not the presence of the parties, shall have at least two witnesses confirmed less than two of the witnesses or refuse to confirm, law enforcement personnel shall indicate the situation on examination and signature.

    29th need to identify specific matters, such as the authenticity of the tobacco monopoly, issued by the Department of tobacco monopoly administration shall set forth the principal identification of matter and materials related to the principal testimonial, entrust a qualified accreditation body for identification.

    Tobacco monopoly commodities the authenticity of identification work by State product quality supervision and management departments or provinces, autonomous regions and municipalities designated tobacco product quality supervision and management quality inspection institutions.

    Article 30th needs commissioned the Department of tobacco monopoly Administration assistance in investigation and evidence collection, letter of assist should be entrusted the Department of tobacco monopoly administration shall provide assistance cannot assist shall be promptly communicated to client departments.

    31st law enforcement investigation need postal, telecommunications, banking and other units to assist and cooperate, shall, in accordance with relevant State regulations.

    32nd after that evidence may be destroyed or lost or difficult to obtain case, approved by the head of the Department of tobacco monopoly administration according to law and for advanced registration and preservation of evidence relating to the alleged violations. Department of tobacco monopoly administration advanced registration and preservation of evidence, it shall issue a notice of advance registration saves, by law enforcement personnel, signed by the parties or otherwise confirmed, divided the party and the Department of tobacco monopoly administration.

    Refused to confirm or not the presence of the parties, shall have at least two witnesses confirmed less than two of the witnesses or refuse to confirm, law enforcement personnel should be indicated in the notice of advance registration saves and sign it.

    During the antecedent register, no person shall destroy or transfer advanced registration and preservation of evidence.

    Article 33rd for advanced registration and preservation of evidence in accordance with law and shall, where appropriate, within the 7th to take the following measures:

    (A) timely copy, photos, video and other evidence preservation measures;

    (B) the need to identify, to relevant agencies to identify in a timely manner and shall inform the parties of the time;

    (C) should be transferred to the other relevant departments according to law, transferred the decision and inform the parties in writing;

    (Iv) the illegal facts are not established or the violation minor, no administrative penalty according to law, and decided to remove the Advanced registration and preservation measures and inform the parties.

    Article 34th found cause for filing other than law enforcement officers in the investigation of suspected violations shall be promptly reported to the head of the Department of tobacco monopoly Administration to decide whether to investigate the alleged violations in a joint. Approval of the 35th investigation shall end in the 30th from the date of filing.

    Case is significant and complex needs to extend the investigation period should be approved by the head of the Department of tobacco monopoly administration, and shall inform the parties in writing. 36th end of the investigation, law enforcement officers should be submitted for processing and approving the form.

    Form of the case including the basic situation of the parties, after investigation and verification of the facts and evidence on the nature of the alleged violations of advice, treatment recommendations and its legal basis, and so on.

    Section III reviews and decisions

    37th section of the Department of tobacco monopoly administration monopoly law enforcement agencies in cases dealing with form submitted to the Department head to review decisions, should start with the Departmental Office of Legislative Affairs or full-time staff members for alleged violations of the legal system of qualitative observations, recommendations and legal basis for legal review and signing. The 38th head of the Department of tobacco monopoly Administration will be expected to case processing and approving forms and legal agencies or professional legal staff conduct a comprehensive review on the opinions, decisions such as whether administrative penalties according to law.

    For the cases to be transferred to the judicial organs, and head of the Department of tobacco monopoly administration shall approve within 3rd transferred the decision to or not to grant the transfer.

    Case is significant and complex cases should be decided collectively by the head of the Department of tobacco monopoly administration.

    The 39th Department of tobacco monopoly administration shall, according to the circumstances of the case, made the following decision:

    (A) be subject to administrative punishment of violations, and accordingly the decision on administrative penalty according to law;

    (B) the violation minor, no administrative penalty according to law, no administrative penalty;

    (C) illegal facts are not established, no administrative penalty decision and revoke a case placed on file;

    (D) an unlawful act of a crime, law transferred to judicial organs for handling.

    40th Department of tobacco monopoly administration in administrative punishment before a decision is made, shall inform the party intends to make an administrative punishment of facts, reasons, basis and penalties, and inform them shall enjoy the right to be heard, right to be heard and terms of exercise of the right to be heard, the right to defence.

    Orally inform the parties, disclosure should be recorded and signed by a party or otherwise confirm shall inform the parties in writing, and shall, in accordance with the provisions of article 43rd notice served on the parties.

    41st parties within the prescribed statements, defence, Department of tobacco monopoly Administration should fully heed the views of the parties, review the facts, reasons and evidence submitted by the parties; establishment of the facts and reasons or evidence submitted by the parties, Department of tobacco monopoly administration shall accept them.

    Department of tobacco monopoly administration shall not be aggravating due to the statement of the parties, to plead. 42nd article Department of tobacco monopoly Administration impose administrative penalties, it shall make a written decision of administrative penalty.

    Written decision of administrative penalty shall contain the following particulars:

    (A) the name or title, address and other basic information;

    (B) the facts and evidence of the violation of laws, rules or regulations;

    (C) the types and basis for administrative penalty;

    (D) the method and duration of administrative penalties;

    (E) administrative penalty decision, may apply for administrative reconsideration or bring an administrative suit the ways and terms;

    (Vi) administrative punishment decision of the Department of tobacco monopoly administration names and dates.

    Written decision of administrative penalty shall bear the administrative punishment decision of the seal of the Department of tobacco monopoly administration.

    43rd tobacco monopoly administration punishment decision letter should be pronounced the spot after party; without the presence of the parties, the Department of tobacco monopoly administration shall, within the 7th served in the following ways: (A) personal service by the parties or adult members of their families who live with them on the date indicated on the certificate of service received and signed and sealed or otherwise confirmed.

    Parties or adult members of their families who live with them on the certificate of service indicating the receipt date for date of service;

    (Ii) when direct service, the addressee or of adult members of their families who live with them refused to receive a delivery instrument, applying lien and service according to law; (C) direct service with difficulty, can be inspected by the local Department of tobacco monopoly administration service, or through the mail service.

    Service by post, date is stated on the receipt date of the service; (D) addressee or unaccounted for in this article, (a), (b), (c) cannot be served in the manner prescribed, and service by publication. Department of tobacco monopoly administration at their public offering shall be published in the newspaper or in person their original homes or bulletin board posting notices of the Department of tobacco monopoly administration. Department of tobacco monopoly Administration has a site open to the public, you can notice in the website.

    Service by publication, after 60 days from the date of announcement that is deemed to be effected.

    Chapter fifth hearing procedures

    44th Department of tobacco monopoly administration before making the following administrative punishment decision, it shall inform the parties have the right to request hearings:

    (A) the fine of 10,000 Yuan or more;

    (B) confiscation of large amounts of illegal income or the illegal tobacco products;

    (C) shall be ordered to suspend production or business, is ordered to close down;

    (D) cancel the qualification engaged in the tobacco business.

    Department of tobacco monopoly administration at the provincial level can be combined with local conditions, adjustment and fines within their respective administrative areas, confiscate the illegal income or amount of illegal tobacco monopoly commodities hearing standard, reported to the Department of tobacco monopoly administration under the State Council for approval before implementation.

    Article 45th Department of tobacco monopoly administration penalties shall not be a party to request a hearing.

    Parties do not bear the costs of the Department of tobacco monopoly administration hearing.

    Parties in accordance with the provisions of article 46th article 44th held a hearing, should the Department of tobacco monopoly Administration informed of the rights apply in the 3rd. The parties may apply for hearing by way of written or oral.

    Oral application, the Department of tobacco monopoly administration shall record the applicant's basic situation, application, as well as the main reason for the hearing time, and signed by the parties or otherwise confirmed.

    47th hearing shall be held openly, allowing public access, but cases involving State secrets, business secrets or personal privacy exception.

    48th Department of tobacco monopoly administration shall hold a hearing before 7th hearing time and written notice of the hearing of the parties and at the Department of tobacco monopoly administration at the report level.

    49th the parties may attend the hearing in person, may also appoint one or two persons acting. The 50th hearing officer designated by the Department of tobacco monopoly administration.

    The hearing officer shall comply with the following conditions:

    (A) non-law enforcement officers in this case;

    (B) non-personnel that the 20th article provided should be avoided. Host does not comply with the conditions prescribed in the preceding paragraph shall be active avoidance.

    Think that hosts and have a direct interest in the case of the right to apply for his withdrawal.

    51st hearing in accordance with the following procedures:

    (A) the presence of the Facilitator, identify the identity of the parties or other participants hearing, explain his case, inform the rights and obligations of the parties, announce the venue of discipline, asking whether or not a party for host withdrawal, announced the beginning of the hearing;

    (B) from the fact that law enforcement officials pointed out that parties to an offence, presenting the evidence suggestion of punishment and basis;

    (C) presentation and argued by the parties;

    (D) third party, presentation and defence by the third party;

    (E) law enforcement personnel and parties debating each other, the cross-examination;

    (F) the final statements the parties, representations

    (G) third and final statement by the third party;

    (H) law enforcement officials make final statements;

    (I) the host announced the end of the hearing. A record shall be kept of the hearing and signed by the facilitator and the recorder.

    Verified as correct signature after hearing the parties or otherwise confirm the party refused to confirm, the presiding hearer shall indicate the situation and sign.

    The sixth chapter the implementation of administrative punishments

    52nd administrative punishment decision, the Parties shall, within the period provided in full.

    Expiration does not pay the fine, Department of tobacco monopoly Administration can 3% Add a fine in amount of the daily penalty.

    53rd legally cancel the qualification of companies or individuals engaged in the tobacco business, the original issuing authority should recover in time for tobacco monopoly licenses and in accordance with the law on tobacco monopoly license cancellation procedures; not recoverable due to objective reasons, the issuing body shall indicate the situation, cancellation of tobacco monopoly licenses according to law and announced to the public.

    54th parties made to the Department of tobacco monopoly Administration refuses to accept the decision on administrative penalty, he may within 60 days of receipt of the written decision of administrative penalty, to the Department of tobacco monopoly administration at a higher level for reconsideration; the parties or from the date of receipt of the written decision of administrative penalty 15th directly to a people's Court in administrative proceedings.

    Administrative reconsideration or administrative proceedings, unless otherwise prescribed by law, and do not stop execution of the tobacco monopoly administration punishment decision.

    55th parties if neither apply for administrative reconsideration or bring administrative proceedings, nor performs the decision of administrative penalty, an Administrative Department of tobacco monopoly administration punishment decision may apply to a people's Court for compulsory execution.

    56th party neither overdue reconsideration organs remain administrative penalties administrative review decisions of administrative proceedings, nor complies with the administrative review decisions, made by the first Department of tobacco monopoly administration of administrative penalties apply to a people's Court for compulsory execution.

    57th parties neither overdue reconsideration organ change administrative penalties administrative review decisions of administrative proceedings, nor performs the decision of administrative reconsideration, reconsideration request the people's Court for enforcement.

    Article 58th for tobacco monopoly commodities seized by law, since the Department of tobacco monopoly administration notices, announcements and other measures within 30th of parties cannot be found, approved by the head of the Department of tobacco monopoly administration, you can take measures such as selling, sell turned over to the State Treasury. 59th lawfully seized of bad bad bad tobacco products not listed.

    Department of tobacco monopoly Administration take destruction measures, shall conform to the relevant regulations of the State, and approved by the Department of tobacco monopoly administration at a higher level.

    60th, in accordance with the People's Republic of China on administrative punishment law 47th, 48th, the provisions of articles collected on the spot fines, administrative penalties decided the Department of tobacco monopoly administration and law enforcement officers are permitted to own fines.

    Confiscation and forfeiture of sale should all be turned over to the State Treasury, no unit or individual is allowed to retain, distribute or disguised privately.

    The seventh chapter law enforcement and supervision 61st superior legal work of the Department of tobacco monopoly administration bodies or to full-time legal staff should regularly on the lower Department of tobacco monopoly administration administrative penalty case file review found.

    Comment on problems found in a check, should be pointed out that in a timely manner.

    62nd at a higher level Department of tobacco monopoly administration shall have the right to lower levels of the Department of tobacco monopoly administration pursuant to this provision the administrative decision be reviewed.

    Superior Department of tobacco monopoly Administration found that subordinate administrative decisions of the Department of tobacco monopoly administration is definitely incorrect, is entitled to change, revoke the decision or to order the lower Department of tobacco monopoly Administration make a decision again.

    63rd for the supervisor of the Department of tobacco monopoly administration correct decisions, the lower the Department of tobacco monopoly administration shall comply with implementation and report.

    64th Legislative Affairs of the Department of tobacco monopoly administration institution or the monopoly in this sector can be full-time legal staff to supervise the legality of the law enforcement institutions in handling administrative punishment cases.

    The eighth chapter legal liability

    65th Department of tobacco monopoly Administration impose administrative penalties, any of the following circumstances, by the higher Department of tobacco monopoly administration shall be ordered to correct, can be directly in charge of personnel and other persons directly responsible shall be given administrative sanctions:

    (A) administrative penalties have no statutory basis;

    (B) the magnitude of change types of administrative penalty, without authorization;

    (C) the violation of the legal procedure of administrative penalty;

    (D) an entrust other unit or individual to impose administrative penalties.

    66th Department of tobacco monopoly administration in violation of the provisions of article itself collects the fine from superior Department of tobacco monopoly administration shall be ordered to correct, to managers directly responsible and other persons directly responsible shall be given administrative sanctions.

    67th article Department of tobacco monopoly administration withheld, privately divide or disguised privately fined or sale of tobacco monopoly, the confiscation of illegal gains or, directly responsible and other persons directly responsible shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    Law enforcement officers use the convenience of duty, solicit or accept someone else's property, the fines collected for themselves, constitute a crime, criminal responsibility shall be investigated according to law; do not constitute a crime, administrative sanctions according to law.

    68th Department of tobacco monopoly administration law enforcement measures such as screening, personal or property damage and losses caused to a legal person or any other organization, it shall be compensated; directly responsible and other persons directly responsible shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    69th Department of tobacco monopoly administration shall not transfer of cases transferred to judicial organs for criminal responsibility shall be investigated according to law, replaced by administrative penalty penalties, by the higher Department of tobacco monopoly administration shall order rectification refuses, the persons directly in charge of sanctions; favoritism or cover up condoning illegal acts constitute a crime, criminal responsibility shall be investigated according to law.

    70th law enforcement personnel negligence, shall stop the action to stop violations and penalties, punishment and public interests or citizens, legal persons or damage to the legitimate rights and interests of other organizations and managers directly responsible and other persons directly responsible shall be given administrative sanctions constitute a crime, criminal responsibility shall be investigated according to law.

    The Nineth chapter supplementary articles

    71st the Department of tobacco monopoly Administration to take over the illegal acquisition of tobacco, illegal transport of tobacco monopoly administration law enforcement measures with reference to these provisions. During the 72nd in the present provisions calculated by the hour, day, month, during or at the time of day are not counted. Period does not include transit time.

    Expire the last day of the period is a statutory holiday, first date as the date of the expiration of the period after the holidays.

    73rd of the provisions of article "above", "inside", "before" shall include the number or level. 74th Department of tobacco monopoly administration shall establish a comprehensive case file management system in administrative punishment, according to law making, collecting, collating and keep it relevant in connection with the material.

    Transfer, loan, calling the material involved shall go through the relevant procedures in accordance with records management requirements.
75th the provision by the Department of tobacco monopoly administration under the State Council is responsible for the interpretation.

    76th these provisions come into force on May 1, 2010. Released on September 2, 1998, the tobacco monopoly administration punishment regulations (State tobacco monopoly administration, 3rd) repealed simultaneously.

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