Industry and commerce administration, quality and technical supervision, public security, customs and other relevant departments shall do a good job in tobacco monopoly supervision and management according to their respective responsibilities. Article 3 An enterprise engaged in the wholesale business of tobacco products shall apply to the provincial tobacco monopoly administrative department, obtain the license of tobacco monopoly wholesale enterprise upon approval, and register with the administrative department for industry and commerce before engaging in the wholesale business of tobacco products within the prescribed business scope and region. Article 4 Enterprises or individuals engaged in the retail business of tobacco products shall apply to the local department of tobacco monopoly administration, and only after obtaining the tobacco monopoly retail license upon approval can they apply to the administrative department for industry and commerce for registration and obtain a business license. The tobacco monopoly wholesale enterprises where the license issuing organs are located purchase goods, operate with bright certificates, and sell cigarettes according to the retail guidance price announced by the tobacco department. Fifth tobacco monopoly production enterprises shall not provide tobacco products to units or individuals without a license for tobacco monopoly wholesale enterprises.
Tobacco monopoly wholesale enterprises shall not provide tobacco products to units or individuals without tobacco monopoly retail licenses.
Tobacco monopoly retail units or individuals shall not provide tobacco products for other tobacco product operators. Article 6 No unit or individual may produce, sell, transport, store or mail fake and shoddy tobacco products, or illegally print, sell or provide conditions for trademark marks of tobacco products.
No unit or individual may sell, transport, store or mail smuggled tobacco products and provide conditions for them. Seventh storage of tobacco products should hold a valid certificate of local purchase. No unit or individual may provide storage conditions for illegal tobacco products. Article 8 A quasi-transportation permit system for tobacco monopoly products shall be implemented according to law.
To transport or consign tobacco monopoly products across cities and counties, it shall apply to the local department of tobacco monopoly administration for a transport license.
The quantity of tobacco products carried by post or in different places shall be implemented in accordance with the relevant provisions of the state. If it is really necessary to exceed the limit due to special needs, it shall hold a certificate issued by the tobacco monopoly department at or above the county level. Article 9 The department of tobacco monopoly administration shall exercise the following functions and powers in the process of law enforcement:
(a) to inspect and deal with the illegal production, sale, storage and transportation of tobacco monopoly products;
(two) ask the parties, suspects and witnesses of illegal cases;
(3) consulting and copying contracts, invoices, account books, bills, records, documents, business correspondence and other materials related to illegal activities;
(four) to inspect the production, storage and business premises of tobacco monopoly products involved, and to register and preserve tobacco monopoly products and other related articles involved. Article 10 The department of tobacco monopoly administration or the department of tobacco monopoly administration in conjunction with relevant departments may inspect and deal with the illegal transportation of tobacco monopoly products according to law. Eleventh tobacco monopoly administrative law enforcement personnel shall abide by the following provisions when performing official duties:
(1) There shall be no less than 2 people during the law enforcement inspection, and they shall produce the administrative law enforcement certificates issued by the people's governments at or above the provincial level or the inspection certificates issued by the tobacco monopoly administrative departments at or above the provincial level;
(two) the implementation of registration and preservation shall be approved by the tobacco monopoly administrative department at the same level, and inform the parties of the facts, reasons and basis for the implementation of registration and preservation. The registration and preservation period shall not exceed 30 days. Due to the complexity of the case, it is really necessary to extend the preservation period, which shall be reported to the administrative department of tobacco monopoly at the next higher level for approval, but the extension of the preservation period shall not exceed 30 days. Article 12 A party suspected of violating the law of tobacco monopoly shall, after the tobacco monopoly products or articles involved are registered and kept by the department of tobacco monopoly administration, investigate and deal with them according to law. If it does not accept the investigation and handling, the department of tobacco monopoly administration shall notify it in writing, issue a notice or make an announcement. If there is no case investigation and handling within the time limit specified in the notice, announcement or announcement, the department of tobacco monopoly administration may sell the registered and preserved tobacco monopoly products. The proceeds from the sale shall be turned over to the state treasury. Article 13 Whoever engages in the retail business of tobacco products without a tobacco monopoly retail license shall be ordered by the administrative department for industry and commerce or the provincial tobacco monopoly administrative department to stop the business, confiscate the illegal income and impose a fine of more than 20% and less than 50% of the illegal business amount. Article 14 whoever produces or sells fake and shoddy tobacco products shall be ordered by the department of tobacco monopoly administration, the department of quality and technical supervision and the administrative department for industry and commerce to stop the illegal act, confiscate the tobacco products produced and sold, illegal income, tools, equipment and other related articles used for production and sale, and impose a fine of 50% of the value of fake and shoddy tobacco products; If a crime is constituted, criminal responsibility shall be investigated by judicial organs according to law.
Those who know or should know that they provide venues and transportation services for the production and sale of fake and shoddy tobacco products shall have their illegal income and articles confiscated and be fined between 2,000 yuan and 50,000 yuan; If a crime is constituted, criminal responsibility shall be investigated by judicial organs according to law.