Chapter I General Provisions In order to regulate tobacco monopoly license management, to protect the legitimate rights and interests of citizens, legal persons and other organizations, according to "People's Republic of China on Tobacco Monopoly Law," "People's Republic of China Administrative Licensing Law", "People's Republic of China tobacco and the provisions of relevant laws and administrative regulations monopoly law Implementing regulations "formulated.
The second approach applies to the management of the territory of People's Republic of China tobacco monopoly license.
Article Tobacco Monopoly Bureau shall, in accordance with legal authority, scope, conditions and procedures for approval and issuance of tobacco monopoly license, and effective supervision and management.
Article citizens, legal persons or other organizations Tobacco Monopoly Bureau tobacco monopoly license granted the right to state right of defense; the right to apply for administrative reconsideration or bring an administrative lawsuit. Their legitimate rights and interests due to the illegal issuance of Tobacco Monopoly Bureau tobacco monopoly license compromised the right to demand compensation.
Article citizens, legal persons or other organizations legally obtained a license for the tobacco monopoly protected by law.
Tobacco monopoly license on the basis of laws, regulations and rules to modify, repeal, or the handling of cases objectively tobacco monopoly license was based on significant changes, to the public interest, the Tobacco Monopoly Bureau has been able to modify or withdraw the tobacco monopoly license in force.
Sixth term of the tobacco monopoly license, including a license for the tobacco monopoly production enterprises, tobacco monopoly wholesale enterprise license, the tobacco monopoly retail license categories.
Article Tobacco Monopoly Bureau, examine and approve the issuance and management of the tobacco monopoly license.

Chapter II Application and Acceptance Article VIII of citizens, legal persons or other organizations engaged in the production, wholesale, retail and import and export business of tobacco monopoly commodities, it shall apply for the Tobacco Monopoly Bureau tobacco monopoly license . It does not have the legal status of a legal person belongs to a separate unit
receive the tobacco monopoly production enterprise license or tobacco monopoly wholesale enterprise license their respective legal entity shall submit an application to the relevant Tobacco Monopoly Bureau and submit the relevant application materials.
Article 9 An applicant generally apply in writing, you can also apply by letter, telegram, fax, electronic data exchange and e-mail, etc., according to the Tobacco Monopoly Bureau requirements for filing format text.
Applicant may appoint an agent to apply. Attorney applicant shall provide the identity of the principal power of attorney and agent identification.
Article X Tobacco Monopoly Bureau shall be determined depending on the type of application matters applicant and requested to provide the appropriate application materials.
Tobacco monopoly license application types including the new Office application, renewal application, the application, and the application closed, restart the application, the application is closed and so on.
Article XI apply for the tobacco monopoly production enterprise license, shall meet the following conditions:
(a) funds and production of tobacco monopoly commodities adapt;
(b) require the production of tobacco monopoly commodities technology, equipment condition;
(iii) comply with industrial policies and the need to adjust the organizational structure of the national tobacco industry; other conditions
(iv) State tobacco monopoly Bureau regulations.
Article 12 Applications for the tobacco monopoly wholesale enterprise license shall meet the following conditions:
(a) funds and wholesale trade of tobacco products business to adapt;
(ii) a fixed place of business and necessary professionals;
(c) compliance with the tobacco monopoly wholesale enterprise rational distribution requirements; other conditions
(iv) State tobacco monopoly Bureau regulations.
Article XIII apply for a tobacco monopoly retail license shall meet the following conditions:
(a) and tobacco products retail business operating funds to adapt;
(b) and independent of fixed residence premises;
(c) compliance with local tobacco products retail outlets rational distribution requirements; other conditions
(iv) State tobacco monopoly Bureau regulations. Other conditions specified in the State Tobacco Monopoly Bureau
Article 14 These Measures 11, 12, 13 of these Regulations, shall be published before implementation.
Article 15 would of tobacco products retail outlets rational distribution planning, should be based on factors of population, traffic conditions, the level of economic development, consumption and other jurisdictions, and after a hearing to determine the rational distribution of retail outlets.
Tobacco products retail outlets rational distribution planning, operating capital requirements and conditions of business premises, above the county level to develop the Tobacco Monopoly Bureau, Tobacco Monopoly Bureau and the next higher level for the record.
Article XVI chain operator when applying for the tobacco monopoly retail license application shall be submitted to the local Tobacco Monopoly Bureau respectively by each branch. Commercial enterprises or individual businesses
Article 17 A foreign investment may engage in tobacco monopoly commodities wholesale or retail business, may not license, franchise and attract other forms of reinvestment in disguise tobacco monopoly commodities business.
Article XVIII shall apply for Tobacco Monopoly Bureau tobacco monopoly license conditions, requirements, procedures, time limits need to be publicized through the contents of the publicity and other public boards and electronic inquiry system or the Internet mode.
Article XIX handle tobacco monopoly license should place the following announcement:
(a) the name of the tobacco monopoly license;
(b) handle tobacco monopoly license is based on the laws, regulations and rules ; approving authority
(c) all types of tobacco monopoly license; conditions
(d) apply for a license for the tobacco monopoly; all material catalog
(e) the applicant to be submitted;
( mode vi) tobacco monopoly license application, approaches;
(vii) tobacco monopoly licensing procedures, timeframes;
(viii) to handle tobacco monopoly license offices exact address, contact details;
(ix) other public content.
Diershitiao applicant claims Tobacco Monopoly Bureau, the displayed contents will be described, explained, the Tobacco Monopoly Bureau shall be described, explained, to provide accurate and reliable information.
Article XXI Tobacco Monopoly Bureau on the application proposed by the applicant, should be dealt with separately according to the following conditions:
(a) is not required by law to apply for the matter to obtain tobacco monopoly license, it shall inform the applicant does not acceptance;
(ii) the application does not belong to this matter tobacco monopoly Bureau statutory mandate, it shall immediately make a decision of rejection and inform the applicant to the relevant administrative organ;
(iii) the application materials can corrected on the spot wrong and should allow the applicant corrected on the spot;
(iv) the application materials are incomplete or do not meet the statutory form, on the spot or in writing within five days, inform the entire contents of the applicant to be supplemented, overdue without notice, from the date of receipt of the application materials shall be accepted;
(v) the application of the tobacco monopoly Bureau in matters within the scope of their legal powers, application materials are complete and meet the statutory form, or the applicant in accordance with the requirements of the tobacco monopoly Bureau Submit all supplementary application materials, tobacco monopoly Bureau tobacco monopoly license applications should be accepted.
Article 22 Tobacco Monopoly Bureau tobacco monopoly accepting or rejecting an application for a license shall be issued to the applicant a special seal and dated written document. Within 20 days from the date the decision to consent in writing Chapter

approval and issuance of Article 23, upon examination, an applicant meets the statutory requirements, the Tobacco Monopoly Bureau shall accept the application. Can not make a decision within twenty days, upon the approval of the person in charge of the unit, it can extend for 10 days, and shall inform the applicant of the reasons for the extension. However, laws and regulations otherwise provided, in accordance with its provisions.
Tobacco Monopoly Bureau shall be made within ten days of the tobacco monopoly license decision to the applicant served the tobacco monopoly license to be issued.
Article 24 of the law will not make tobacco monopoly license issuing a written decision, it shall explain the reasons to the applicant and inform the applicant of the right to apply for administrative reconsideration or bring an administrative lawsuit.
Article 25 of the following circumstances shall not be issued tobacco monopoly retail license:
(a) premises for security reasons unsuitable operating cigarettes;
(ii) in primary and secondary schools around;
(c) cancel the tobacco monopoly in business less than three years of eligibility;
(iv) because applicants did not disclose relevant information or providing false materials, tobacco monopoly Bureau made the decision not to accept or not after issuing the decision , the applicant filed within a year again;
(v) after the revocation of the applicant fraud, bribery and other improper means to obtain tobacco monopoly license, the applicant filed within three years again;
( 6) failing to obtain a permit to operate a tobacco monopoly retail tobacco monopoly commodities business, and law enforcement authorities to be punished more than twice a year, within three years, apply for a tobacco monopoly retail license;
(vii) the provisions of the State tobacco monopoly Bureau other Non certification of the case.
Article 26 Tobacco Monopoly Bureau to make the case according to the law issued tobacco monopoly license should be made public to allow and facilitate public inspection. Article 27 The term of validity
tobacco monopoly license for a maximum of five years, calculated from the date of issue. Use

Chapter IV tobacco monopoly license under Article 28 of the tobacco monopoly to obtain a license, should the production and management of tobacco monopoly commodities in accordance with the scope of the license and the license expiration date of the tobacco monopoly law.
Article 29 made the tobacco monopoly retail license of citizens, legal persons or other organizations may engage in domestic or foreign law retail cigarette and tobacco monopoly retail license indicated in the local tobacco wholesale business purchase. The original tobacco monopoly license holder
Article 30 of the tobacco monopoly license shall be made placed in a prominent position in the business premises. Article 31 of the holder
tobacco monopoly license change business address (except for objective reasons of road planning, urban construction, etc.) or any other circumstance as prescribed by the State Tobacco Monopoly shall re-apply for a tobacco monopoly license certificate; tobacco monopoly license held by other registered items change, shall be altered tobacco monopoly license.
Article 32 expiry of the tobacco monopoly license need to continue production and management, the issuing authority shall be made thirty days prior to the original expiration of the renewal application in the tobacco monopoly license is valid.
Article 33 of the tobacco monopoly license expiry need to continue production and operation, due to production and management capacity, leading to significant changes in conditions do not meet the statutory conditions or serious violations, will not be renewed.

Chapter V Supervision and Administration Article 34 The tobacco monopoly license issuing authorities have the right to obtain within the jurisdiction of the tobacco monopoly license of citizens, legal persons or other organizations production and business activities of supervision and inspection to be authorize or entrust subordinate tobacco monopoly Bureau supervision and inspection.
Article 35 superior Tobacco Monopoly Bureau shall strengthen subordinate Tobacco Monopoly Bureau for supervision and inspection of tobacco monopoly license, promptly correct violations, and establish and improve tobacco monopoly law enforcement accountability system and evaluation mechanism.
Article 36 Supervision and inspection can take a written examination, written examination and on-site inspection or a combination of on-site inspections.
Tobacco Monopoly Bureau of the holder may lawfully production and management of tobacco monopoly commodities carry out random checks, inspection, testing, field inspection of their production establishments (including storage spaces). Check, you can consult, or require the holder to provide relevant information and to submit relevant materials, the holder shall truthfully provide relevant information and materials. Article 37 The main contents
supervision and inspection are:
(a) comply with the tobacco monopoly laws, regulations, rules and case;
(b) the name or business name, legal representative (responsible person), important business address, business form, business scope, operating period, are consistent with the tobacco monopoly license registration matters;
(iii) the tobacco monopoly license modification, cancellation, and the continuation of the implementation of other procedures for handling the situation; | || (d) State tobacco monopoly Bureau to specify other matters need to be checked. When
Article 38 Tobacco Monopoly Bureau tobacco monopoly law to permit the holder of the production and operation activities of supervision and inspection, there should be two more than the tobacco monopoly law enforcement personnel, and the supervision and inspection and the handling results recording, archiving after signed by the supervisors and inspectors. The public can inspect any inspection records Tobacco Monopoly Bureau.
Article 39 of the tobacco monopoly to obtain a permit citizens, legal persons or other organizations shall, in accordance with relevant laws, regulations, rules and accept the supervision and inspection of this approach Tobacco Monopoly Bureau.
Article 40 of citizens, legal persons or other organizations may make use of the vending machine sales of tobacco products.
Addition to obtain tobacco monopoly production enterprise business license or tobacco monopoly wholesale enterprise license sale of tobacco monopoly commodities according to the law, any citizen, legal person or other organization may not sell tobacco through the information network monopoly.
Article 41 Any enterprise or individual shall not be altered, forged or altered tobacco monopoly license. May not be sold, leased, lent or otherwise illegal transfer of tobacco monopoly license.
Article 42 Registration of changes made tobacco monopoly license of citizens, legal persons or other organizations according to law without change of registration, the Tobacco Monopoly Bureau shall be ordered to make changes legally registered.
Article 43 of citizens, legal persons or other organizations did not receive a license for the tobacco monopoly engaging in tobacco monopoly commodities production and business activities, the Tobacco Monopoly Bureau should investigate and punish. Constitute a crime shall be transferred to judicial organs be held criminally responsible.
Article 44 of the following circumstances, the issuing authority may order the suspension of the holder tobacco monopoly business, rectify, until disqualified in the tobacco monopoly business law:
(a) inspection does not meet the tobacco monopoly law, tobacco monopoly law Implementing Rules and the provisions conditions;
(ii) the sale, rental, lending or other forms of illegal transfer of tobacco monopoly license;
(iii) due to illegal production run tobacco monopoly commodities in a year is more tobacco monopoly Administration or other law enforcement authorities punished twice;
(iv) is tobacco monopoly Administration or other law enforcement agencies at once seized counterfeit cigarettes, smuggling of more than 50 cigarettes;
(v) illegal production and management of tobacco monopoly commodities to be held criminally responsible;
(vi) is not executed tobacco monopoly Bureau administrative punishment decision;
(vii) revoked the business license of the administrative department for industry and commerce; || | (viii) holding the tobacco monopoly wholesale enterprise license of the enterprise, without the tobacco, cigarette paper, filter rods, cigarette sale to the tobacco monopoly production enterprise license tow or cigarette manufacturing equipment, tobacco monopoly wholesale enterprise license companies;
(nine) registered items change, refusal of registration;

(X) law, other circumstances regulations, rules and regulations.
Article 45 tobacco monopoly license issuing authority or its upper Tobacco Monopoly Bureau found that one of the following circumstances, the tobacco monopoly license may be revoked or ex officio at the request of the interested party, to recover the tobacco monopoly license certificate:
(a) abuse of authority, dereliction of duty tobacco monopoly license granted approval;
(ii) approval of the terms of reference beyond the issuance of the tobacco monopoly license;
(c) violation of legal procedures for approval issued tobacco monopoly permit;
(iv) do not have or do not meet the eligibility tobacco monopoly license to apply for certification of the conditions of approval of the applicant;
(v) other circumstances may be revoked according to the law the tobacco monopoly license.
Article 46 of citizens, legal persons or other organizations to fraud, bribery and other improper means to obtain tobacco monopoly license should be revoked Tobacco Monopoly Bureau and the tobacco monopoly license back.
Article 47 of tobacco monopoly commodities production enterprises legal personality change occurs, the need to recover the tobacco monopoly license issuing authority shall recover.
Article 48 of the following circumstances, the issuing organ shall logout tobacco monopoly license:
(a) tobacco monopoly license expiration date of expiry has not been extended;
(ii) tobacco monopoly license approved business entities is a natural person, a natural person dies or is incapacitated;
(iii) the tobacco monopoly license approved business entities is a legal person or any other organization in accordance with law;
(iv) due to force majeure lead to business entities can not continue to engage in production and management of tobacco monopoly commodities business;
(e) laws and regulations other circumstances shall be canceled tobacco monopoly license.
Article 49 made the tobacco monopoly license of citizens, legal persons or other organizations need closure shall be made prior to the issuing authority within seven days of closure of business application, suspension period should not exceed one year. The expiration or early closure resume operations, the holder should be the issuing authority for the resumption of business applications.
Article 50 of the tobacco monopoly license to obtain citizens, legal persons or other organizations to suspend their operations do not apply for more than six months closed procedures, one month after the announcement by the issuing authority fails to handle the formalities by the issuing authority recover tobacco monopoly license. Article 51
obtain tobacco monopoly license of citizens, legal persons or other organizations upon receiving the tobacco monopoly license for six months yet to carry out production and business activities shall be regarded as closed. Tobacco Monopoly Bureau tobacco monopoly should withdraw its license.
Article 52 made the tobacco monopoly production enterprise license of the enterprise can not provide services for the processing of tobacco monopoly commodities without a license for the tobacco monopoly enterprises or individuals.
Article 53 made the tobacco monopoly license of the enterprise can not provide defective tobacco or waste tobacco monopoly licenses to companies or individuals of tobacco, tobacco dust. Not recyclable waste at the end of defective tobacco or tobacco smoke, should be destroyed.

Chapter VI Legal Liability Article 54 because applicants did not disclose relevant information or providing false materials, certification should not be accepted or not, given a warning; the applicant may not apply for tobacco again within a year monopoly license.
Article 55 because the applicant fraud, bribery and other improper means to obtain tobacco monopoly license is revoked, the applicant may not apply again within three years.
Article 56 using altered, forged or altered tobacco monopoly license, the Tobacco Monopoly Bureau fined 1,000 yuan.
Article 57 violation of the provisions, not in time for the tobacco monopoly license change, cancellation procedures by the Tobacco Monopoly Bureau ordered to correct, refuse to correct, impose a fine of 1,000 yuan.
Article 58 Tobacco Monopoly Bureau and its staff in violation of the provisions hereof, any of the following circumstances, its superior Tobacco Monopoly Bureau ordered to correct; the circumstances are serious, the person directly in charge and other directly responsible shall be given administrative sanctions:
(a) the application meets the statutory requirements inadmissible;
(b) according to the law should not in office place publicity material;
(c) receiving, review, the tobacco monopoly license issuing process, non-compliance with the legal obligation to inform the applicant and the interested party;
(iv) the application materials submitted by the applicant are incomplete, inconsistent with the statutory form, does not inform the applicant must the entire contents of the correction;
(5) Failing to explain the application will not be accepted in accordance with law or not issuing reasons. When staff
Article 59 Tobacco Monopoly Bureau tobacco monopoly license or apply for supervision and inspection in accordance with law, ask for or accept property or seek other benefits, shall be given administrative sanctions; constitutes a crime, be held criminally responsible.
Article 60 Tobacco Monopoly Bureau tobacco monopoly license issuing any of the following circumstances, its superior Tobacco Monopoly Bureau ordered to make corrections in charge and other directly responsible personnel directly responsible shall be given administrative sanctions; constitutes a crime shall be investigated for criminal liability:
(a) the applicant does not meet the statutory requirements issued tobacco monopoly license or beyond the statutory authority granted tobacco monopoly license;
(ii) the applicant meets the statutory requirements tobacco monopoly license granted can not be released within the statutory time limit or tobacco monopoly license. Chapter VII Supplementary documents Shape

61 of the tobacco monopoly license by the State Tobacco Monopoly Bureau unified regulations.
Article 62 The term foreign-funded commercial enterprises, including joint ventures, Sino-foreign cooperative enterprises, wholly foreign-owned enterprises, Hong Kong, Macao and Taiwan regions invested enterprises.
Article 63 of the tobacco monopoly retail license held by state-owned enterprises, according to the state on the development of mixed ownership economy, approved by the state departments of state-controlled mixed-ownership enterprises, re-apply for a tobacco monopoly retail license.
Article 64 Term of the provisions to working days, met the statutory holidays, extended working day.
Article 65 The State Tobacco Monopoly Bureau is responsible for interpretation.
Article 66 These Measures shall go into effect July 20, 2016. Relevant regulations promulgated before the implementation of this approach inconsistent execution in accordance with this approach.