Key Benefits:
(Act No. 196 of 15 September 2005 of the People's Government Order No. 196 of 21 September 2005) The People's Government of the Zangi Province has decided to amend the Pattern of Tobacco Control in Zangang Province as follows: Amending “mail” in article 4, paragraph 2, as “the postal”; Article IV, paragraph 3, was amended to read: “The executive authorities at the district level, where necessary, may be assigned to participate in joint inspection activities with respect to the administrative law enforcement sector, and to detect violations in the production, operation and transport of tobacco exclusives by law”. Article 6 has been amended to read: “The administrative authorities for the exclusive sale of tobacco at the district level may, in accordance with the actual needs for the management of tobacco exclusives, establish a dispatch agency or station in the focus town (in town) to oversee and inspect the operation of tobacco-proto-cocoa-producer within the authority of the authorities.” Article 7, paragraph 3, was amended to read: “(iii) access, replication of contracts, invoices, books, documents, record, operational letters, electronic documents, etc.”. Article 8 amends as follows: “The administrative authorities for the exclusive sale of tobacco may inspect, by law, activities relating to the transport of tobacco-professional products in transported sites such as vehicle stations, terminals, ports”. V. Article 9 was amended to read: “Information on the production, transport, sale of pseudoemony products and the operation of the smuggling of tobacco products shall be carried out in conjunction with business, quality technical supervision, customs, public safety services under the law. Other departments and units have found violations of the exclusive sale of tobacco and should be informed in a timely manner of the sale of administrative authorities or the relevant administrative law enforcement authorities; cases of alleged offences should be transferred to the judiciary by law. In cases where the administrative law enforcement authorities are lawfully exposed to fraudulent tobacco products, they should be sent to the administrative authorities for the sale of tobacco to public destruction in accordance with the relevant provisions of the State to prohibit any form of sale. The smuggling of tobacco products, which are confiscated under the law, should be referred to the auction of the Tobacco Products, designated by the Government of the province, and the auction proceeds are made in accordance with the law.” Article 12 deletes from the third “Strategic operations for the operation of foreign tobacco products and the operation of foreign tobacco products free of charge in the Customs Regulatory Zone in the retail operation of foreign tobacco products, which is reviewed by the administrative authorities of the company's location for tobacco sales, and is presented to the provincial authorities for the approval of issuances”. The fourth amendment reads: “Application for the establishment of a smoking shop (point) shall apply to the administrative authorities for the exclusive sale of tobacco at the district level of the enterprise, to review the signing of the opinion by the administrative authorities for the sale of tobacco to the provincial authorities for the approval of the licensee.” The fifth amendment reads: “Application of a retail licence for the sale of tobacco and shall apply to the municipality of Tobacco (communes, zones) or in the establishment of the district administration authorities for the approval of the licensee of the administrative authorities for the sale of tobacco by the district (markets, areas) or the establishment of the area.” Article XIV: “The administrative authorities for the sale of tobacco are able to set a window at the local administrative service centre to harmonize the receipt and processing of licences for the exclusive sale of tobacco.” Article 14 was replaced with article 15, and the third amendment reads as follows: In addition, as article 4, “(iv) other conditions under the law, regulations”. Article 17 was deleted. Delete article 19 “without approval by the provincial authorities of the exclusive sale of tobacco shall not be sold at the national level”. Article 21, paragraph 3, and paragraph 4, read as Article 21, in which “feitures of cigarette-quality testing bodies designated by the provincial quality technical supervision sector” were amended to read: “The smoking of cigaretteer smoking products were certified by the qualification tobacco quality testing body, certified by the higher-quality technical monitoring department of the province”. Article 21 was deleted. Articles 13 and 22 were amended to read as follows: “The local tobacco products and non-State customized tobacco products production enterprises shall operate within their authorized operating scope and shall not operate in excess of scope.” Articles XIV and 24 were amended to read: “The auction of exclusive sales of tobacco forfeiture by law shall be held by a competition buyer to sell a licence for the exclusive sale of licenses of companies; a competitive buyer involved in a foreign tobacco auction shall hold a licence for the exclusive sale of an enterprise. Articles XV, 27 were amended to read: “Objection, debriefing, illegal files and residues, filters, cigarettes, cigarettes and simbs shall not be sold in any way”. Article 28 was deleted. Article 29 was deleted. Article XVIII, article 33, was replaced with article 28, with the amendment to read as follows: To be transported or sold from tobacco use must be in possession of the quasi-licensor issued by the administrative authorities for the exclusive sale of tobacco; the carrier shall not be transported without a licence. In the provinces, cross-markets, districts (markets) are transporting tobacco sales and must hold quasi-transport certificates issued by the provincial authorities for the exclusive sale of administrative authorities or bodies authorized by them. In the provinces, there is no smuggling of cigarettes, snow cigarettes, and there must be quasi-shipment certificates issued by the Provincial Tobacco Traffic Administration authorities. The transport of tobacco sales in the city, the district (market) must be in possession of invoices or valid vouchers from local tobacco companies.” Article 31: “The penalties for violations of the exclusive sale of tobacco are imposed by law, legislation and regulations”. Paragraphs Page (i) The exclusive sale of business licences for the sale of licenses in a small-scale, piece-in-chief-content with exclusive export-oriented letters for a wide range of national production cigarettes, snow cigarette import and export operations, which may be subject to a fine of up to 50 per cent of the total value of cigarettes, but the maximum fine shall not exceed 5 million dollars; (ii) In violation of article 22 of this scheme, excess of the authorized operating volume of cigarettes, snow cigarettes, may be fined in violation of the cigarette, the total cigarette of the cigarette, up to 50 per cent, but the maximum fine shall not exceed 50,000 dollars.” Article 21 and Article 37 were replaced with article 36, which reads as follows: “In violation of article 9, paragraph 2, of the present approach, the relevant units and individuals have taken care to deal with the sale of tobacco for which they were seized by law, the requisitioner has not been wrong, the purchaser has returned to the purchaser, the imposition of a fine of more than 5,000 dollars for the administrative authorities responsible for the recovery of the licensed purchaser and other disciplinary authorities.” Delete article 38. In addition, the language and order of the relevant provisions are modified and adjusted accordingly. This decision is implemented since the date of publication. The Tobacco sales management approach in the province of Zangong Province is re-published in accordance with the consequential amendments to this decision. Annex: Zangan Pattern of Tobacco (Amendment 2005) (Act No. 70 of 18 January 1996 of the People's Government Order No. 70 of the Zangang Province, amended by Order No. 117 of 4 April 2000 by the People's Government of the Province of the Philippines on 15 September 2005 to amend the Decision of the People's Government of the Republic of China on the revision of the Pattern of Tobacco Control in the province of Zangang Province) Chapter I General Article 1, in order to strengthen the management of tobacco exclusiveness, preserve the legitimate rights and interests of consumers, guarantee national financial revenues, develop this approach in line with the People's Republic of China Act on Tobacco sales, the People's Republic of China Act on Tobacco and Sales. Article 2. This approach applies to the production, operation and management of tobacco-providing products within the territorial administration. Article 3 regulates the production, operation and transport of tobacco-proced goods by law and introduces a licensing and quasi-shipment regime for tobacco. Chapter II Administration and oversight Article IV. The sale of tobacco by the executive head of the Convention, at the district level, is governed by the dual leadership of the executive authorities and local people's governments at the upper level. Public safety, business administration, tax, quality technical supervision, prices, banks, transport, railways, civil aviation and postal services at all levels should be aligned with the management of tobacco exclusive sales by the administrative authorities. Where necessary, the authorities at the district level may be assigned to participate in joint inspection activities with respect to the administration of law enforcement, and in accordance with the law, in the production, operation and transport of tobacco. Article 5 (i) Advocacy, implementation of the laws, regulations and regulations governing the sale of tobacco; (ii) Coordinated surveillance, management of the sale of tobacco in the current administrative region; (iii) In accordance with national and present methods, the exclusive sale of licences, quasi-shipment reviews and management of tobacco; (iv) Develop rules for the management of local tobacco exclusive sales; (v) To detect, under the law, cases of trafficking in tobacco; (vi) Carrying out the management of the sale of the administrative authorities and other tobacco exclusives by the local people's Government. Article 6. More than garette sales administrative authorities at the district level may establish a dispatch agency or presence in the focus town (in town) in accordance with the actual needs of the management of tobacco exclusive sales, where the institution or presence is authorized by the competent authorities, to oversee and inspect the operation of tobacco-proofing. Article 7. The following functions may be exercised in the event of the exclusive sale of tobacco by the administrative authorities: (i) Inquired the parties to the law and the units and individuals associated with the violation; (ii) Examination of the production, operation and goods of the parties to the law; (iii) Access, replication of contracts, invoices, books, documents, records, operational letters, electronic documents relating to violations; (iv) To deal with the sale of tobacco-related products in accordance with the law and to conduct pre-registration, storage and seizure of evidence that may be lost or otherwise difficult; (v) Other mandates under laws, regulations and regulations. Article 8 Article 9 provides for the production, transport, sale of false tobacco products and the smuggling of tobacco products. Other departments and units have found violations of the exclusive sale of tobacco and should be informed in a timely manner of the sale of administrative authorities or relevant administrative law enforcement authorities; cases of suspected offences should be transferred to the judiciary by law. In cases where the administrative law enforcement authorities are lawfully exposed to fraudulent tobacco products, they should be sent to the administrative authorities for the sale of tobacco to public destruction in accordance with the relevant provisions of the State to prohibit any form of sale. The smuggling of tobacco products, which are confiscated by law, should be referred to the authorities of the Provincial People's Government for the auction and the proceeds of the auction are legally collateral. Article 10 provides recognition and incentives to persons who report cases, assist cases and direct cases. Chapter III Pattern of Tobacco Article 11. The production, operation, import and export of tobacco-based goods is governed by the law. Article 12. The competence to sell licences to tobacco: (i) To apply for the acquisition of a licence to sell the production of the Tobacco production, an application should be made to the provincial authorities for the sale of the executive authorities of Tobacco, to review the signing of the opinion by the provincial authorities, and to report to the State's administrative authorities for the sale of tobacco. (ii) To apply for the acquisition of licences for the sale of licensed businesses, operating across provinces, and to the provincial authorities for the exclusive sale of administrative authorities, to review the signing of observations by the provincial authorities for the sale of tobacco and to report to the State Department's administrative authorities for the approval of issuances. An application for the receipt of the Tobacco sales license, operating within the province, shall be made to the administrative authorities for the sale of tobacco at the district level of the enterprise, to review the signing of the opinion by the administrative authorities for the sale of tobacco from the location of the enterprise and to report to the provincial authorities for the approval of the licensee. (iii) To apply for the acquisition of licenses for the exclusive sale of businesses, the operation of a foreign tobacco-based production consignment operation, the import and export operation of tobacco-borne goods, the imposition of penalties for foreign tobacco products, and the application of a request to the provincial authorities for the sale of tobacco by the provincial authorities to review the signing of observations by the administrative authorities for the exclusive sale of tobacco, and the issuance of licences by the Department of State's administrative authorities for the exclusive sale of tobacco products. (iv) Applications for the establishment of a smoke-free shop (point) should be made available to the executive authorities at the district level of the enterprise's location for the exclusive sale of tobacco by the administrative authorities at the location of the enterprise, to review the signing of the observations and to report to the provincial authorities for the sale of tobacco. (v) To apply for the acquisition of a retail licence for the sale of tobacco and to the application of an application to the municipality of Tobacco (communes, zones) or in the establishment area for approval by the executive authorities of the district (markets, areas) or the establishment area. Article 13. Enterprises and individuals that produce and operate tobacco-based sales shall apply to the business administration to register and receive a business licence upon the acquisition of the corresponding licences for the sale of tobacco. Within 30 days of receipt of a business licence, tax registration is applied to the tax sector. The business administration sector does not approve registration without a licence to sell tobacco. A company that obtains a licence to sell tobacco is established outside its residence to engage in the production and operation of absorption agent, which shall, by law, be subject to a licence for the sale of tobacco by the administrative authorities in the branches. Article 14. Tobacco sold administrative authorities may establish a window at the local administrative service centre to harmonize the receipt and processing of licences for the sale of tobacco. Article 15. Enterprises and individuals that have obtained a licence for the sale of tobacco, in one of the following cases, shall be subject to a change in licences for the sale of tobacco by the licensee, removal or write-off procedures in the licensee sector and, in accordance with the law, to the business administration sector and the tax sector for the registration or write-off of registrations: (i) Business consolidation, separation, transfer or change of corporate name, legal representative, enterprise address, type of organization, scope of operation; (ii) Removal of licences for sale of tobacco; (iii) The suspension, the currency or insolvency; (iv) Other cases provided for by law, regulations. Article 16 prohibits the transfer, alteration, falsification or sale of tobacco. Article 17 Accreditation bodies that sell licences to tobacco are subject to regular or non-regular inspections of enterprises and individuals that have obtained a licence for sale of tobacco, which are not in accordance with the conditions laid down in the law, legislation and the present approach, and the issuance of licences for the sale of tobacco is punishable by a suspension of the exclusive sale of tobacco and by law. Chapter IV Article 18 Article 19 Exports produced by Tobacco products production enterprises must be characterized in a small package and in a “proportional for exports” in a prescribed manner. Article 20 requires the registration of trademarks. It prohibits the production, sale of cigarettes and cigarettes that hit other registered trademarks. Article 21 prohibits the provision of specialized machinery for the production of pseudoephedic cigaretteers (including distributions), cigaretteer marks, raw materials. Few trademark smoking products are identified by the competent tobacco quality testing body certified by the higher-quality technical supervision sector, which can be consulted in the testing of the licensee's smoking companies. Article 2 Article 23. The opening of the Tobacco Transact market shall be reported to be reviewed by the State Department's administrative authorities for the exclusive sale of tobacco, without review of the approved market for the sale of tobacco-based goods, which is prohibited by law by the Government of the people at the district level. Article 24 auctions for the exclusive sale of tobacco forfeiture by law should be held by competing buyers to hold licences for the exclusive sale of licensed businesses; competing buyers involved in the auctions of tobacco products in foreign countries should hold licences for the exclusive sale of businesses. Article 25 Amphlets, filters, cigarettes and exclusive machinery production enterprises should enter into a contract with a company producing tobacco products in accordance with national plans and organize production and not provide products to units and individuals that are free of tobacco from the production of a licence. Article 26 sells messaging machines and their parts, which must be used invoices that provide for value-added taxes. Article twenty-seventh phase-out, debriefing, illegal files and residues of cigarettes, filters, cigarettes and simbs are monitored by local tobacco exclusive sales administration authorities and cannot be sold in any way. Chapter V Article 28 of the Convention on the Transport of Tobacco-produced Goods is governed by the quasi-shipment regime. To be transported or sold from tobacco use must be in possession of the quasi-licensor issued by the administrative authorities for the exclusive sale of tobacco; the carrier shall not be transported without a licence. In the provinces, cross-markets, districts (markets) are transporting tobacco sales and must hold quasi-transport certificates issued by the provincial authorities for the exclusive sale of administrative authorities or bodies authorized by them. In the provinces, there is no smuggling of cigarettes, snow cigarettes, and there must be quasi-shipment certificates issued by the Provincial Tobacco Traffic Administration authorities. The transport of tobacco sales in the city, the district (market) must be in possession of invoices or valid vouchers from local tobacco companies. Article 29 Transport of tobacco-important goods must be in accordance with the certificate and be followed. In one of the following cases, it is considered to be the exclusive transport of tobacco by means of quasi-cocoditions: (i) The use of expired, modified, forged and reprinted insecticide-treated cards; (ii) Removal, releasing and transporting sites approved by the quasi-signatory; (iii) The non-exclusive delivery of the witness; (iv) Any other act of the transport of tobacco-proof goods by means of quasi-cocoa transport. Article 33, the number of mail mailings and dicipitating tobacco products is implemented in accordance with the relevant national provisions, confirming that, due to the special needs of mails, levies should be held to the administrative authorities for the exclusive sale of tobacco at the district level. Chapter VI Legal responsibility Article 31 imposes penalties for violations of the exclusive sale of tobacco, which are provided for by law, legislation and regulations. In violation of this approach, there are one of the following acts, which are sanctioned by the administrative authorities for the exclusive sale of tobacco: (i) The exclusive sale of business licences for the sale of cigarettes, with a reference to a “special-for-export” in a small-scale, piece-in-chief, which is in the form of a national cigarette, a cigarette import and export operation, may be liable to a fine of up to 50 per cent of the total value of cigarettes, but the maximum fine shall not exceed 5 million dollars; (ii) In violation of article 22 of this scheme, excess of the authorized operating volume of cigarettes, snow cigarettes, may be subject to a fine of up to 50 per cent of the total amount of cigarettes, but the maximum fine shall not exceed 50,000. Article 33 does not sell a retail licence to operate tobacco products, which is sold by the business administration or the business administration sector with the exclusive administration of tobacco, obliges it to stop the operation of the retail operation of tobacco products and to confiscate the proceeds of the violation by law and may impose a fine of up to 50 per cent of the total operating in violation. Article 34, in violation of this approach, provides for one of the following acts, a fine of more than 50 per cent of the total value of tobacco-borne goods transported by the authorities of the Tobacco-transfer Authority, which is in violation of the provisions of the Convention, and the acquisition of the exclusive sale of tobacco in accordance with the State's prescribed price; and, in the event of serious circumstances, the confiscation of the exclusive sale of tobacco in violation of the law: (i) In the case of article 29 of this approach, there is no sign of the transport of tobacco-based goods; (ii) In violation of article 33 of this approach, the administrative authorities without absorption have shown that more than one mail of a provision is more than one or more, with tobacco products. Article XV of the law of the parties whose manufacture, operation and transport of tobacco is seized by the authorities of the Tobacco-transfer Administration has been notified in two written notices or sixty days from the date of the discovery (30 days from the date of the date of the release) of the sale of tobacco from the administrative authorities, which may be disposed of by law. In violation of article 9, paragraph 2, of the present approach, the relevant units and individuals have taken care to deal with the sale of tobacco confiscated by law, by selling the administrative authorities of tobacco to recover the licensed sale of tobacco, by law for the purpose of confiscation of the licensee and price of the treated tobacco, which has not been mistaken, the purchaser has returned to the purchaser; imposes a fine of more than 50 million dollars for the self-contained unit and distributes to the executive branch in accordance with its authority. Article 37 contains one of the following acts by a staff member of the department concerned with the sale of tobacco and the handling of cases of violations, and administrative or disciplinary measures are granted to the competent and other direct responsible persons directly responsible under the authority of the ministry concerned: (i) There is no administrative law enforcement capacity for the exclusive sale of tobacco and for the treatment of cases involving the sale of tobacco; (ii) To implement administrative licences for the sale of tobacco in violation of the administrative licence procedures established by law, regulations; (iii) The acquisition of confiscated tobacco products in violation of the law by using office; (iv) Other abuses of authority, provocative fraud, orys of negligence. Article 338 imposes no decision on the penalties imposed by the executive law enforcement authorities and may apply to administrative review or administrative proceedings in accordance with the law. Chapter VII Article 39 of this approach has been implemented since the date of publication. |
