According to the Zhejiang Provincial People’s Government’s Order No. 289 on December 31, 2011, the “Zhejiang Provincial People’s Government’s Amendment to the Zhejiang Provincial Urban Road Management Measures” and other 14 regulations have been implemented since December 31, 2011. "Decision on the Regulations" was revised for the third time. Below is the full text of the Tobacco Monopoly Management Measures of Zhejiang Province that I have carefully compiled for your reference only. Chapter 1 General Provisions
Article 1 In order to strengthen the management of tobacco monopoly, safeguard the legitimate rights and interests of consumers, and ensure national fiscal revenue, in accordance with the Tobacco Monopoly Law of the People's Republic of China and the Tobacco Monopoly Law of the People's Republic of China, *Regulations on the Implementation of the Tobacco Monopoly Law of the People's Republic of China, these measures are formulated based on the actual conditions of this province.
Article 2 These Measures apply to the production, operation and management of tobacco monopoly products within the administrative region of this province.
Article 3 The production, operation and transportation of tobacco monopoly products shall be subject to monopoly management in accordance with the law, and a tobacco monopoly license and transportation permit system shall be implemented. Chapter 2 Administrative Management and Supervision
Article 4 The tobacco monopoly administrative department at or above the county level is responsible for the tobacco monopoly work in its jurisdiction and is under the dual leadership of the tobacco monopoly administrative department at the next higher level and the local people's government. The leaders of the above-level tobacco monopoly administrative departments are the main leaders.
Public security, industrial and commercial administration, taxation, quality and technical supervision, price, banking, transportation, railway, civil aviation, postal and other departments at all levels should cooperate with the tobacco monopoly administrative department in the management of tobacco monopoly.
When necessary, the tobacco monopoly administrative departments at or above the county level may send personnel to participate in joint inspection activities composed of relevant administrative law enforcement departments to investigate and deal with illegal activities in the production, operation and transportation of tobacco monopoly products in accordance with the law.
Article 5 The responsibilities of the tobacco monopoly administrative departments at or above the county level are:
(1) Promote and implement tobacco monopoly laws, regulations and rules;
(2) Implement unified supervision and management of tobacco monopoly work within this administrative region;
(3) Responsible for the review and management of tobacco monopoly licenses and transportation permits in accordance with the provisions of the state and these Measures;
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(4) Formulate local tobacco monopoly management work rules;
(5) Investigate and handle illegal tobacco monopoly cases in accordance with the law;
(6) Undertake the responsibility of the higher-level tobacco monopoly administrative department , other tobacco monopoly management tasks assigned by the local people's government.
Article 6 The tobacco monopoly administrative department at or above the county level may, based on the actual needs of tobacco monopoly management, establish dispatched offices or dispatch personnel in key townships (towns). The dispatched offices or dispatched personnel shall be authorized by the competent department Supervise and inspect the business activities of tobacco specialty products within the scope according to law.
Article 7 When investigating and handling illegal tobacco monopoly cases, the tobacco monopoly administrative departments at or above the county level may exercise the following powers:
(1) To inquire about the parties involved in the illegal cases and those related to the illegal cases units and individuals;
(2) Inspect the production, business premises and items of parties involved in illegal activities;
(3) Check and copy contracts, invoices, and account books related to illegal activities , documents, records, business correspondence, electronic documents and other information;
(4) Handle tobacco monopoly products related to illegal activities in accordance with the law, and register and preserve evidence that may be lost or difficult to obtain in the future. ;
(5) Other powers stipulated in laws, regulations and rules.
Article 8 Tobacco monopoly administrative departments at or above the county level may, together with relevant departments, inspect the transportation of tobacco monopoly products at stations, docks, ports and other transportation distribution points in accordance with the law.
Article 9 Regarding the production, transportation, sales and operation of counterfeit and shoddy tobacco products, the tobacco monopoly administrative departments at or above the county level shall cooperate with the industry and commerce, quality and technical supervision, customs, and public security departments to investigate and deal with them in accordance with the law.
When other departments and units discover violations of tobacco monopoly management, they shall promptly report the tobacco monopoly administrative department or relevant administrative law enforcement departments; cases suspected of constituting a crime shall be transferred to judicial organs for handling in accordance with the law.
Counterfeit and shoddy tobacco products seized by relevant administrative law enforcement departments in accordance with the law shall be handed over to the tobacco monopoly administrative department for public destruction in accordance with relevant national regulations and are prohibited from being sold in any form. Tobacco products seized and confiscated in accordance with the law shall be auctioned by a tobacco product auction agency designated by the Provincial People's Government, and the auction proceeds shall be turned over to the state treasury in accordance with the law.
Article 10 Those who report cases, units and individuals with meritorious service who assist in case handling and directly handle cases shall be commended and rewarded. Chapter 3 Tobacco Monopoly License
Article 11 The production, operation, import and export of tobacco monopoly products shall be subject to the tobacco monopoly license system in accordance with the law.
Article 12 The authority of tobacco monopoly license shall be implemented in accordance with the following provisions:
(1) To apply for the "Tobacco Monopoly Production Enterprise License", one shall apply to the provincial tobacco monopoly administrative department The application will be reviewed and signed by the provincial tobacco monopoly administrative department and submitted to the tobacco monopoly administrative department of the State Council for review and issuance of a license.
(2) To apply for a "Tobacco Monopoly Wholesale Enterprise License" and operate across provinces, the application shall be submitted to the provincial tobacco monopoly administrative department, which shall review and sign opinions and report to the State Council The tobacco monopoly administrative department shall review and issue licenses.
To apply for a "Tobacco Monopoly Wholesale Enterprise License" and operate within the province, the application shall be submitted to the county-level tobacco monopoly administrative department where the enterprise is located, and the application shall be reviewed by the county-level tobacco monopoly administrative department where the enterprise is located. Sign the opinion and submit it to the provincial tobacco monopoly administrative department for review and issuance of a license.
(3) Those who apply for the "Special Tobacco Monopoly Business Enterprise License" and engage in the wholesale business of foreign tobacco products, the import and export business of tobacco monopoly products, and the wholesale business of confiscated foreign tobacco products shall apply to the Provincial Tobacco Monopoly Administration The competent department submits an application, which is reviewed and signed by the provincial tobacco monopoly administrative department and submitted to the tobacco monopoly administrative department of the State Council for review and issuance of a license.
(4) To apply for the establishment of a tobacco purchase station (point), the application should be submitted to the county-level tobacco monopoly administrative department where the enterprise is located, and the county-level tobacco monopoly administrative department where the enterprise is located will review and sign opinions, and report to the provincial tobacco The monopoly administrative department shall review and issue the license.
(5) To apply for a "Tobacco Monopoly Retail License", an application shall be submitted to the tobacco monopoly administrative department of the county (city, district) or city divided into districts. The district's municipal tobacco monopoly administrative department shall examine and issue the license.
Article 13 Enterprises and individuals that produce and operate tobacco monopoly products shall apply for registration with the industrial and commercial administrative department and obtain a business license after obtaining the corresponding tobacco monopoly license. Within 30 days after receiving the business license, apply for tax registration to the tax department. If a tobacco monopoly license is not obtained, the industrial and commercial administration department will not approve the registration.
If an enterprise that has obtained a tobacco monopoly license establishes a branch engaged in the production and operation of tobacco monopoly products outside its residence, it shall apply for a tobacco monopoly license from the tobacco monopoly administrative department where the branch is located in accordance with the law.
Article 14 The tobacco monopoly administrative department at or above the county level may set up a window at the local administrative service center to uniformly accept and handle relevant tobacco monopoly licenses.
Article 15 Enterprises and individuals that have obtained a tobacco monopoly license and are under any of the following circumstances shall go through the formalities for changing, reissuing or canceling the tobacco monopoly license with the original issuing department, and shall report to the industrial and commercial administration in accordance with the law. Management departments and taxation departments handle changes in registration or deregistration:
(1) Enterprise merger, division, transfer of business, or change of enterprise name, legal representative, enterprise address, organization type, and business scope;
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(2) Loss of tobacco monopoly license;
(3) Suspension of business, going out of business or going bankrupt.;
(4) Other circumstances stipulated by laws and regulations .
Article 16 Tobacco monopoly licenses are prohibited from being lent, altered, counterfeited or traded.
Article 17 The issuing authority of the Tobacco Monopoly License may regularly or irregularly inspect the enterprises and individuals that have obtained the Tobacco Monopoly License. If conditions are specified, the issuing authority of the tobacco monopoly license may order the suspension of the tobacco monopoly business and handle the matter in accordance with the law. Chapter 4 Production and Operation of Tobacco Specialty Products
Article 18 Tobacco product manufacturers must indicate the tar content level and the Chinese words "Smoking is harmful to health" on the packages of cigarettes and cigars produced.
Article 19: Export cigarettes produced by tobacco product manufacturers must be marked with the Chinese words "Exclusively for Export" on small packages and strips, and they must be exported through prescribed channels.
Article 20: Cigarettes, cigars and packaged cut tobacco must apply for trademark registration.
It is prohibited to produce and sell cigarettes and cigars that counterfeit other people’s registered trademarks.
Article 21 It is prohibited to provide special tobacco machinery (including accessories), cigarette registered trademarks, raw and auxiliary materials to those who produce counterfeit and shoddy cigarettes.
Counterfeit trademark cigarette products are inspected and appraised by tobacco quality inspection agencies that have passed the metrological certification of quality and technical supervision departments at or above the provincial level. During the inspection and appraisal, the opinions of the infringing enterprises with counterfeit trademark cigarettes can be solicited.
Article 22: Local tobacco products and non-state-designated tobacco product manufacturing enterprises shall engage in business within the business scope approved by their licenses, and shall not operate and sell beyond the scope.
Article 23 The establishment of a tobacco monopoly product trading market shall be subject to review and approval by the tobacco monopoly administrative department of the State Council. If a tobacco monopoly product trading market is established without review and approval, the local people’s government at or above the county level shall comply with the law. be banned.
Article 24 When auctioning tobacco monopoly products confiscated according to law, bidders shall hold a tobacco monopoly wholesale enterprise license; bidders participating in the auction of foreign tobacco products shall hold a special tobacco monopoly license Business license.
Article 25: Manufacturers of cigarette paper, filter rods, cigarette tows and special tobacco machinery shall sign order contracts with tobacco product manufacturers in accordance with national plans and organize production, and shall not submit orders to tobacco-free companies. Units and individuals with a monopoly production enterprise license provide products.
Article 26 When selling special tobacco machinery and its accessories, special value-added tax invoices must be used in accordance with regulations.
Article 27 Eliminated, scrapped, illegally assembled tobacco-specific machinery and defective cigarette papers, filter rods, cigarette tows and scraps shall be supervised and handled by the local tobacco monopoly administrative department. Not for sale in any way. Chapter 5 Transportation of Tobacco Monopoly Products
Article 28 The transportation of tobacco monopoly products shall be subject to the transportation permit system.
Tobacco monopoly products must be consigned or self-transported with a transportation permit issued by the tobacco monopoly administrative department at or above the county level; without a transportation permit, the carrier shall not transport them.
To transport tobacco monopoly products across cities, counties (cities) within the province, you must hold a transportation permit issued by the provincial tobacco monopoly administrative department or its authorized agency.
To transport confiscated cigarettes and cigars across cities and counties (cities) within the province, you must have a transportation permit issued by the provincial tobacco monopoly administrative department.
To transport tobacco specialty products within the city, county (city), you must have an invoice or valid certificate issued by the local tobacco company.
Article 29: The transportation of tobacco specialty products must be consistent with the goods and certificates, and the certificates must be accompanied by the goods.
If any of the following circumstances occurs, tobacco specialty products will be transported without a tobacco specialty goods transport permit:
(1) Use of expired, altered, forged, or copied tobacco specialty goods Transportation permit;
(2) The transfer-in and transfer-out units and shipping locations approved by the transportation permit are inconsistent with the actual transportation;
(3) The transportation permit is not accompanied by the goods
(4) Other acts of transporting tobacco specialty goods without a tobacco specialty goods transport permit.
Article 30: The quantity of tobacco products mailed or carried in other places shall be in accordance with relevant national regulations. If the amount of tobacco products is mailed or carried in other places due to special needs, a certificate issued by the tobacco monopoly administrative department at or above the county level shall be issued. prove. Chapter 6 Legal Liability
Article 31 If relevant laws and regulations have already provided for penalties for violations of tobacco monopoly management, such provisions shall prevail.
Article 32 Anyone who violates the provisions of these Measures and commits any of the following acts shall be punished by the tobacco monopoly administrative department in accordance with the following provisions:
(1) No special tobacco monopoly operation Those who engage in the import and export business of domestic cigarettes and cigars without authorization on small packages or strips with Chinese characters "Exclusively for Export" on small packages or strips may be fined not less than RMB 50 but not more than 1 time of the total value of illegally operating cigarettes and cigars. However, The maximum fine shall not exceed 50,000 yuan;
(2) Anyone who violates the provisions of Article 22 of these Measures and operates cigarettes and cigars beyond the approved business scope of the license may be punished for illegally operating cigarettes and cigars. A fine of not less than 50 yuan but not more than 1 time of the total value, but the maximum fine amount shall not exceed 50,000 yuan.
Article 33 Anyone who operates tobacco products business without a tobacco monopoly retail license shall be ordered by the administrative department for industry and commerce or the administrative department for industry and commerce in conjunction with the tobacco monopoly administrative department to stop operating tobacco product retail business. Illegal gains shall be confiscated in accordance with the law, and a fine of not less than RMB 20 but not more than RMB 50 may be imposed on the total illegal business amount.
Article 34 Anyone who violates the provisions of these Measures and commits any of the following acts shall be fined not less than RMB 20 but not more than RMB 50 in total value of the illegally transported tobacco monopoly products by the tobacco monopoly administrative department, and may be fined in accordance with the national regulations Purchase the illegally transported tobacco monopoly products at the prescribed price; if the circumstances are serious, the illegally transported tobacco monopoly products shall be confiscated in accordance with the law:
(1) Under the circumstances specified in Article 29 of these Measures, no transportation permit is required Transporting tobacco monopoly products;
(2) Violating the provisions of Article 30 of these Measures and mailing or carrying tobacco products in other places in excess of twice the prescribed limit without certification from the tobacco monopoly administrative department.
Article 35: Any party whose illegally produced, operated and transported tobacco monopoly products are seized shall be notified in writing twice by the tobacco monopoly administrative department or within 60 days from the date of seizure (it is easy to become moldy and spoilage). If the tobacco monopoly products are not accepted by the tobacco monopoly administrative department within 30 days from the date of seizure, the tobacco monopoly administrative department may make disposal according to law.
Article 36 In violation of the provisions of Paragraph 2 of Article 9 of these Measures, relevant units and individuals dispose of tobacco monopoly products that have been confiscated in accordance with the law without authorization, and the tobacco monopoly administrative department shall recover the tobacco products that have been disposed of without authorization. For specialty items, the disposed tobacco specialty items and the price will be confiscated in accordance with the law. If the purchaser is not at fault, the price will be refunded to the purchaser. Units that dispose of unauthorized items will be fined not less than RMB 1,000 but not more than RMB 50,000, and shall be fined by the competent authorities in accordance with their management authority. The directly responsible person in charge and other directly responsible personnel will be punished in accordance with the law.
Article 37: If tobacco monopoly administrative personnel and staff of relevant departments handling illegal cases commit any of the following acts, the competent authority shall, in accordance with the management authority, punish the directly responsible person in charge and other directly responsible persons: Personnel shall be punished in accordance with the law:
(1) Those who do not have the qualifications for tobacco monopoly administrative law enforcement and illegally handle tobacco monopoly cases;
(2) Violate the implementation of administrative licensing procedures stipulated in laws and regulations Administrative license for tobacco monopoly;
(3) Taking advantage of one’s position to illegally purchase confiscated tobacco products;
(4) Other acts of malpractice for personal gain, abuse of power, and dereliction of duty .
Article 38 If the party concerned is dissatisfied with the penalty decision made by the administrative law enforcement agency, he may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law. Chapter 7 Supplementary Provisions
Article 39 These Measures shall come into effect on the date of promulgation.