The 2014 New Tobacco Law is illegal for me to buy cigarettes from other places and sell them locally

If the amount is huge, it is suspected of illegal business operation.

According to Article 3 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Illegal Production and Sale of Tobacco Monopoly Products, Legal Interpretation (2010) No. 7:

In any of the following circumstances, illegal trade in tobacco monopoly products shall be found to be "serious circumstances" as provided for in article 225 of the Criminal Law

1. The amount of illegal business operation is more than 50,000 yuan, or the amount of illegal income is more than 20,000 yuan;

2. Illegally dealing in more than 200,000 cigarettes;

3. Those who have received two or more administrative punishments for illegally operating tobacco monopoly products within three years, and illegally operating tobacco monopoly products with an amount of more than 30,000 yuan.

In any of the following circumstances, it shall be found to be "especially serious circumstances" as provided for in Criminal Law article 225.

1) The amount of illegal business operations is 250,000 yuan or more, or the amount of unlawful gains is 100,000 yuan or more;

2) Illegally dealing in 1 million or more cigarettes;

Where the resale of tobacco monopoly products constitutes a crime, criminal responsibility shall be pursued in accordance with law; If the circumstances are minor and do not constitute a crime, the administrative department for industry and commerce shall confiscate the resold tobacco monopoly products and illegal gains, and may impose a fine concurrently. Where the administrative department in charge of tobacco monopoly or the staff of a tobacco company takes advantage of their position to commit the crime in this paragraph, they shall be given a heavier punishment in accordance with law.

Hello, you must have a tobacco license to buy.

The fundamental reason why cigarettes cannot be sold across provinces is to maintain sales order and protect the interests of local tobacco, so as to maximize cigarette profits. In fact, not only can cigarettes not be sold across provinces, but also across cities, counties, and even stores.

Why can't cigarettes be sold across provinces:

Normally, tobacco shops in all regions already sell local cigarettes, so cigarettes in this province are generally very popular in the province, but they will become unsalable in other provinces due to their low popularity.

On the other hand, the cigarettes of Zhonghua, Yuxi, Furong Wang, and Yellow Crane Tower are relatively well-known throughout the country, and they are also the first choice of smokers, and these cigarettes usually sell relatively high. Tobacco shop owners are also more inclined to order these best-selling cigarettes when they place an order.

However, because local tobacco companies also have the task of selling cigarettes from other provinces, they are generally required to order a certain number of cigarettes from other provinces at the same time as ordering best-selling cigarettes in tobacco stores.

The cigarettes from other provinces that were ordered back could not be sold locally, and the shopkeepers would generally dispose of them at a low price or at a loss. And if these cigarettes from other provinces are returned to the original provinces, they will immediately become bestsellers.

Therefore, in the past few years, some professional cigarette dealers often did this kind of business, and went to other provinces to buy local cigarettes at low prices and sell them back, which was lower than the order price of cigarette shops.

Local cigarettes are sold to other places, there is a tobacco license, it is real cigarettes, according to the tobacco law is not allowed, more than 50 cigarettes to carry to other places you must go to the local tobacco monopoly bureau to open a transport permit, otherwise it will be fined and confiscated.

According to your statement, you should not have a tobacco monopoly wholesale enterprise license, so as long as you sell more than 50 cigarettes and cigars at one time, you will be deemed to be engaged in tobacco monopoly wholesale business without a tobacco monopoly wholesale enterprise license.

In accordance with the provisions of the Regulations for the Implementation of the Tobacco Monopoly Law of the People's Republic of China, if a tobacco monopoly wholesale enterprise is engaged in the wholesale business of tobacco products without a tobacco monopoly wholesale enterprise license, the administrative department of tobacco monopoly shall order it to close down or stop the wholesale business of tobacco products, confiscate the illegal gains, and impose a fine of not less than 50% but not more than one time of the value of the illegally wholesaled tobacco products.

1. How to punish the sale of tobacco to other places.

1. The punishment for selling tobacco to other places is as follows:

1) confiscation of illegal gains, can be imposed a fine of between 5% and 10% of the total purchase amount;

2) Order the licensee to suspend the tobacco monopoly business and carry out rectification until its qualification to engage in tobacco monopoly business is revoked.

2. Legal basis: Article 225 of the Criminal Law of the People's Republic of China.

Crime of illegal business operation] Whoever violates state regulations by committing any of the following illegal business activities, disrupting market order, and the circumstances are serious, is to be sentenced to up to five years imprisonment or short-term detention, and/or a fine of between 1 and 5 times the amount of unlawful gains; where the circumstances are especially serious, a sentence of five or more years imprisonment is to be given, and a concurrent fine of between 1 and 5 times the amount of unlawful gains or confiscation of property is to be given

1) Engaging in monopoly or monopoly goods or other restricted items as provided for by laws and administrative regulations without permission;

2) Buying and selling import and export licenses, import and export certificates of origin, and other business licenses or approval documents provided for by laws and administrative regulations;

3) Illegally operating **, **, or insurance business without the approval of the relevant competent state departments, or illegally engaging in fund payment and settlement business;

4) Other illegal business activities that seriously disrupt market order.

2. What are the constitutive elements of the crime of illegal business operation?

1. The object of infringement is the market order;

2. The subjective aspect is composed of intent and has the purpose of seeking illegal profits;

3. Objectively, it is manifested as the unauthorized operation of franchise, monopoly goods or other restricted items, the purchase and sale of import and export licenses, etc.;

4. The subject is a general subject, that is, all natural persons who have reached the age of criminal responsibility and have the capacity for criminal responsibility.

Article 22 of the Tobacco Monopoly Law of the People's Republic of China Consignment or self-transport of tobacco monopoly products must hold a transport permit issued by the tobacco monopoly administrative department or an organization authorized by the tobacco monopoly administrative department; The carrier shall not carry the carriage without a transport permit.

Article 31 If there is no transport permit or the quantity specified in the transport permit is consigned or self-transported, the tobacco monopoly administrative department shall impose a fine, and the tobacco monopoly goods illegally transported may be purchased in accordance with the provisions of the state; where the circumstances are serious, confiscate the illegally transported tobacco monopoly and unlawful gains.

Tobacco monopoly license.

Article 6 Those engaged in the production, wholesale and retail of tobacco monopoly products, as well as the import and export of tobacco monopoly products and the purchase and sale of foreign tobacco products, shall apply for a tobacco monopoly license in accordance with the provisions of the Tobacco Monopoly Law and these Regulations.

Tobacco monopoly licenses are divided into:

1) Tobacco monopoly production enterprise license;

2) Tobacco monopoly and wholesale enterprise license;

3) Tobacco monopoly retail license.

Article 7 The following conditions shall be met in order to obtain a license for a tobacco monopoly production enterprise:

1) Have funds suitable for the production of tobacco monopoly products;

2) Have the technical and equipment conditions required for the production of tobacco monopoly products;

3) Comply with the requirements of the national industrial policy of the tobacco industry;

4) Other conditions stipulated by the administrative department of tobacco monopoly.

The above content refers to: Encyclopedia - "Tobacco Monopoly Law of the People's Republic of China".

If there is no tobacco monopoly retail license, as long as there is no cross-district or county, a valid purchase voucher can be provided, and the amount is less than 50,000 yuan, there is no condition for filing a case under the legal provisions, and it is legal. If you have a certificate, you have not purchased goods from local tobacco wholesale enterprises. If it crosses districts and counties, it is unlicensed transportation.

If the amount of more than 50,000 yuan without a license is serious, it is an illegal business and must be handed over to the public security organ for criminal prosecution.

One person, no more than 50 (10,000 sticks), is legal.

Legal Analysis: Illegal.

Legal basis: Tobacco Monopoly Law of the People's Republic of China

Article 3 The State shall exercise monopoly management over the production, sale, import and export of tobacco monopoly products in accordance with law, and shall implement a tobacco monopoly licensing system.

Article 10 Tobacco leaves shall be purchased by tobacco companies or their entrusted units in accordance with the procurement standards prescribed by the State, and shall not be purchased by other units or individuals. Tobacco companies and their entrusting units shall purchase all tobacco leaves produced by tobacco growers in accordance with the planting area agreed in the tobacco purchase contract in accordance with the purchase of tobacco leaves, and shall not reduce the grade and price, and properly handle the disputes arising from the purchase of tobacco leaves.

Article 21 Consignment or self-transport of tobacco monopoly products must hold a transport permit issued by the tobacco monopoly administrative department or an organization authorized by the tobacco monopoly administrative department; The carrier shall not carry the carriage without a transport permit.

Legal analysis: According to the laws of our country, it is illegal to sell cigarettes in other places.

Legal basis: Article 23 of the Regulations for the Implementation of the Tobacco Monopoly Law of the People's Republic of China Enterprises that have obtained the license of tobacco monopoly wholesale enterprises shall engage in the wholesale business of tobacco products within the scope of business and the geographical scope specified in the license. Enterprises or individuals that have obtained the tobacco monopoly retail license shall purchase goods from the local tobacco monopoly wholesale and wholesale enterprises, and accept the supervision and management of the tobacco monopoly license issuing authority.

1.Without a tobacco monopoly license, reselling tobacco is suspected of illegal business operations; 2.where the circumstances are serious, a sentence of up to five years imprisonment or short-term detention is to be given, and/or a fine of between 1 and 5 times the amount of unlawful gains; 3.

where the circumstances are especially serious, a sentence of five or more years imprisonment is to be given, and a concurrent fine of between 1 and 5 times the amount of unlawful gains or confiscation of property is to be given

Questions. How to deal with the sale of cigarettes worth more than 300,000 yuan?

A sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine of between 50% and 2 times the amount of the sales amount is to be given. The manufacture and sale of counterfeit and shoddy products with a sales amount of less than 50,000 yuan is generally an illegal act, and may be given administrative punishment by the administrative department for industry and commerce in accordance with law. Illegal gains shall be confiscated, a fine of between 20% and 50% of the total illegal sales shall be imposed, and the illegally sold tobacco monopoly shall be publicly destroyed.

Is it illegal to sell all ** cigarettes to a local commissary with a tobacco license, and then resell them to others or other places?

Hello, this kind of behavior is illegal, and the sentence for reselling cigarettes without a tobacco license is as follows: 1. If the crime of illegal business operation is constituted and the circumstances are serious, it is generally sentenced to fixed-term imprisonment of not more than five years or criminal detention, and/or a fine of not less than one time but not more than five times the illegal gains; 2. Where the circumstances are especially serious, a sentence of five or more years imprisonment is generally given, and a fine of between 1 and 5 times the amount of unlawful gains or confiscation of property is given. Violating the laws and regulations of the State on the Administration of Tobacco Monopoly, illegally operating tobacco monopoly products without the permission of the competent administrative department for tobacco monopoly, without the license of the tobacco monopoly production enterprise, the tobacco monopoly wholesale enterprise license, the special tobacco monopoly business enterprise license, the tobacco monopoly retail license and other license certificates, has any of the following circumstances:

1. The amount of illegal business operation is more than 50,000 yuan, or the amount of income obtained in violation of the splitting method is more than 20,000 yuan; 2. Illegally operating more than 100,000 cigarettes; 3. Those who have received two or more administrative punishments within three years for illegally operating tobacco monopoly products, and have illegally operated tobacco monopoly products with an amount of more than 30,000 yuan. It is certainly illegal to resell tobacco without permission, but whether it is suspected of a crime depends on the amount and circumstances.