-
1. In accordance with the provisions of the Tobacco Monopoly Law of the People's Republic of China, the state implements a transport permit system for the transportation of tobacco monopoly products. 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. If your friend is transporting tobacco without a licence, he has already committed an offence and may be subject to administrative penalties or criminal penalties depending on the severity of the circumstances.
2. Administrative penalties for transporting tobacco without a license: (1) Article 31 of the Tobacco Monopoly Law of the People's Republic of China stipulates: "If a tobacco monopoly is consigned or transported without a transport permit or in excess of the quantity specified in the transport permit, the tobacco monopoly administrative department shall impose a fine, and the tobacco monopoly products 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.
If the carrier clearly knows that it is a tobacco monopoly and transports it to a unit or individual without a transport permit, the administrative department in charge of tobacco monopoly shall confiscate the illegal gains and impose a fine"; (2) In accordance with Article 55 of the Regulations for the Implementation of the Tobacco Monopoly Law of the People's Republic of China, "if the punishment is imposed in accordance with the provisions of Article 31 of the Tobacco Monopoly Law, the following provisions shall be implemented: (1) If the tobacco monopoly is consigned or transported without a transport permit or in excess of the quantity specified in the transport permit, a fine of between 20% and 50% of the value of the illegally transported tobacco monopoly shall be imposed, and the illegally transported tobacco monopoly may be purchased in accordance with the provisions of the state.
2) In any of the following circumstances, confiscate the illegally transported tobacco monopoly and illegal gains: 1. The value of the illegally transported tobacco monopoly exceeds 50,000 yuan or the quantity of cigarettes transported exceeds 100 (1 for every 10,000 cigarettes); 2. Being punished more than twice by the administrative department for tobacco monopoly; 3. Resisting the inspection carried out by the supervision and inspection personnel of the administrative department in charge of tobacco monopoly in accordance with the law; 4. Illegally transporting smuggled tobacco monopoly products; 5. Transporting tobacco monopoly products produced by enterprises without a tobacco monopoly production enterprise license; 6. Using camouflage to illegally transport tobacco monopoly products; 7. Using special vehicles to transport tobacco monopoly products to evade inspection; 8. Other illegal transportation acts, where the circumstances are serious. (3) If the carrier clearly knows that it is a tobacco monopoly but transports it to a unit or individual without a transport permit, it shall confiscate the illegal gains and may impose a fine of not less than 10% but not more than 20% of the value of the illegally transported tobacco monopoly product.
3. Where the transportation of tobacco without a license meets the conditions and is suspected of constituting the crime of illegal business operation, and the circumstances are serious, a sentence of up to five years imprisonment or short-term detention shall be given, and/or a fine of not less than one time but not more than five times the amount of illegal gains; where the circumstances are especially serious, the sentence is to be five or more years imprisonment and a concurrent fine of between 1 and 5 times the amount of unlawful gains or confiscation of property. The specific sentencing for transporting flue-cured tobacco without a license can only be determined after the judicial organ has assessed its value and considered all the circumstances of the case.
-
It is best to ask a professional legal consulting agency about this.
-
1. What are the consequences of the truck pulling tobacco and disturbing the spine.
1) The transportation of tobacco monopoly products must have a transport permit issued by the tobacco authority, otherwise it is illegal transportation;
2) Where illegal provisions disrupt market order, and 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 is to be given;
3) If the conduct constitutes a particularly serious circumstance, the sentence is to be five or more years imprisonment, and a fine of not less than one time but not more than five times the amount of unlawful gains or confiscation of property is to be given.
2. Legal basis: Article 225 of the Criminal Matching Li Soupei Calendar 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, the sentence is to be five or more years imprisonment and a concurrent fine of between 1 and 5 times the amount of unlawful gains or confiscation of property.
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. How to apply for a tobacco transport certificate.
The conditions and required materials for applying for a tobacco license are as follows:
1. Have funds suitable for operating the retail business of tobacco products;
2. Have a fixed business place independent of the residence;
3. Meet the requirements of the reasonable layout of local tobacco product retail outlets;
4. Other conditions stipulated by the administrative department of tobacco monopoly;
5. A copy of the ID card, a copy of the industrial and commercial business license, a copy of the corresponding fund certificate, 1 inch **, and a house certificate.
Hehe, friend. There is a fate to meet. I'll help you solve your problems. Because I'm in car sales. >>>More
You don't want it;
If it is opened in the urban area, there is no need to apply for the employment permit without the investigation of the transportation administration; >>>More
There is a chain, just pull it yourself.
There are many types of electric roller shutters: >>>More
The grapes used for both the main and secondary wines of Lafite are produced in the Château Lafite, which was later acquired in the vineyards of the Cassuard Terrace, which is also located in the present-day Château Lafite. Both the main and secondary wines are brewed in the winery, but now the second brand wine is not bottled in the estate, but by the wine merchant. >>>More
Puppies at the age of 2 to 3 months will have diarrhea, commonly known as "turning the intestines". This has nothing to do with the folklore of "eating salty", it is endoparasitic enteritis. It is generally caused by roundworms, hookworms, tapeworms, and also coccidia. >>>More