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Pro, Tobacco Laws and Regulations 1Tobacco Monopoly Act. 2.
Regulations for the Implementation of the Tobacco Monopoly Law 3Measures for the Administration of Tobacco Monopoly Transport Permits 4Measures for the Administration of Tobacco Monopoly Licenses 5
Provisions on the Administrative Punishment Procedures for Tobacco Monopoly 6Interim Measures for the Administration of Tobacco Advertising 7Measures for the Administration of Fines and Confiscated Cigarettes and other items related to it in other laws such as administrative reconsideration, litigation, and compensation.
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[Legal Analysis].
The tobacco monopoly law consists of "one law, one regulation, three decrees and judicial interpretations, which become the basic basis for the daily law enforcement of tobacco monopoly managers: the Tobacco Monopoly Law". Adopted at the 20th Session of the Standing Committee of the Seventh National People's Congress of the People's Republic of China on June 29, 1991, and effective as of January 1, 1992; Regulations for the Implementation of the Tobacco Monopoly Law.
On July 3, 1997, it was promulgated and implemented by ***, which concretized the "Tobacco Monopoly Law" and made it easy to operate; Measures for the Administration of Tobacco Monopoly Licenses. On February 5, 2007, it was deliberated and promulgated by the Office Meeting of the Director of the National Development and Reform Commission, and came into force on March 7, 2007; Measures for the Administration of Tobacco Monopoly Transport Permits. It was promulgated by the National Economic Commission on June 4, 2002 and came into force on July 1, 2002; Interpretation on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Illegal Production and Sale of Tobacco Monopoly Products.
It was jointly promulgated by the Supreme People's Court and the Supreme People's Procuratorate on March 25, 2010, and came into force on March 26, 2010.
Legal basis] Tobacco Monopoly Law of the People's Republic of China Article 1 This Law is enacted for the purpose of implementing the management of tobacco monopoly, organizing the production and operation of tobacco monopoly products in a planned manner, improving the quality of tobacco products, safeguarding the interests of consumers, and ensuring state fiscal revenue. Article 2 of the Regulations for the Implementation of the Tobacco Monopoly Law of the People's Republic of China refers to the system in which the state implements monopoly operation and unified management of the production, sales and import and export of tobacco monopoly products. "Measures for the Administration of Tobacco Monopoly Licenses" Article 3 The Tobacco Monopoly Bureau shall, in accordance with the statutory authority, scope, conditions and procedures, examine and approve and issue tobacco monopoly licenses, and carry out effective supervision and management.
Measures for the Administration of Tobacco Monopoly Transport Permits》 Article 4 Tobacco monopoly bureaus at all levels shall supervise and inspect the departments and their staff that handle the tobacco monopoly transport permits, as well as the use and management of the tobacco monopoly transport permits. "Interpretation of the Supreme People's Court and 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" Article 5: Where the perpetrator commits the crime of illegally producing or selling tobacco monopoly products, and at the same time constitutes the crime of producing or selling counterfeit or shoddy products, the crime of infringing on intellectual property rights, or the crime of illegal business operation, it is to be convicted and punished in accordance with the provisions for the heavier punishment.
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Summary. Hello Hello Hello <>Hello Hello
Tobacco laws and regulations: Those engaged in the production, wholesale and retail of tobacco monopoly products, as well as the import and export business of tobacco monopoly products and the purchase and sale of foreign tobacco products, must 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 wholesale enterprise license; (3) Tobacco monopoly retail license; (4) Special tobacco monopoly business enterprise license.
Tobacco laws and regulations.
Hello Hello Hello <>Hello Hello
Tobacco laws and regulations: Those engaged in the production, wholesale and retail of tobacco monopoly products, as well as the import and export business of tobacco monopoly products and the purchase and sale of foreign tobacco products, must 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 wholesale enterprise license; (3) Tobacco monopoly retail license; (4) Special tobacco monopoly business enterprise license.
To obtain a tobacco monopoly production enterprise license, the following conditions shall be met: (1) there are 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 industrial policy requirements of the national tobacco industry; (4) Other conditions stipulated by the administrative department of tobacco monopoly. To obtain a tobacco monopoly production enterprise license, the following conditions shall be met:
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 industrial policy requirements of the national tobacco industry; (4) Other conditions stipulated by the administrative department of tobacco monopoly. To obtain a tobacco monopoly wholesale enterprise license, the following conditions shall be met: (1) there are funds suitable for the operation of tobacco products wholesale business; (2) Have a fixed place of business and necessary professionals; (3) Comply with the requirements of the rational layout of tobacco monopoly and wholesale enterprises; (4) Other conditions stipulated by the administrative department of tobacco monopoly.
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Legal analysis: 1. The state implements monopoly management over the production, sales, import and export of tobacco monopoly products in accordance with the law, and implements a tobacco monopoly license system.
2. The administrative department in charge of tobacco monopoly is in charge of the national tobacco monopoly work. The tobacco monopoly administrative departments of provinces, autonomous regions and municipalities directly under the Central Government are in charge of the tobacco monopoly work in their respective jurisdictions, and are subject to the dual leadership of the tobacco monopoly administrative departments and the people of the provinces, Qinqiao autonomous regions and municipalities directly under the Central Government, and the leadership of the tobacco monopoly administrative departments is the mainstay.
3. The state strengthens scientific research and technological development of tobacco monopoly products, improves the quality of tobacco products, and reduces the content of tar and other harmful ingredients.
The State and society are to strengthen publicity and education on the dangers of smoking to health, prohibiting or restricting smoking on public transportation and in public places, discouraging young people from smoking, and prohibiting primary and secondary school students from smoking.
Legal basis: Tobacco Monopoly Law of the People's Republic of China
Article 2 The term "tobacco monopoly" as used in this Law refers to cigarettes, cigars, shredded tobacco, re-cured tobacco leaves, tobacco leaves, cigarette papers, filter rods, tobacco tows, and tobacco-specific machinery.
Cigarettes, cigars, shredded tobacco, and re-cured tobacco are collectively referred to as tobacco products.
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 4 The administrative department in charge of tobacco monopoly shall be in charge of the national tobacco monopoly work. The tobacco monopoly administrative departments of provinces, autonomous regions and municipalities directly under the Central Government are in charge of the tobacco monopoly work in their respective jurisdictions, and are subject to the dual leadership of the tobacco monopoly administrative departments and the people of the provinces, autonomous regions and municipalities directly under the Central Government, and the leadership of the tobacco monopoly administrative departments is the mainstay.
Article 5 The State shall strengthen scientific research and technological development of tobacco monopoly products, improve the quality of tobacco products, and reduce the content of tar and other harmful ingredients.
The state and society have strengthened publicity and education on the dangers of smoking jujube residues, prohibiting or restricting smoking in public transportation and public places, discouraging young people from smoking, and prohibiting primary and secondary school students from smoking.
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Legal Analysis: The Tobacco Monopoly Law of the People's Republic of China is formulated in order to implement tobacco monopoly management, organize the production and operation of tobacco monopoly products in a planned manner, improve the quality of tobacco products, safeguard the interests of consumers, and ensure state fiscal revenue.
Legal basis] Tobacco Monopoly Law of the People's Republic of China Article 1 This Law is enacted for the purpose of implementing the management of tobacco monopoly, organizing the production and operation of tobacco monopoly products in a planned manner, improving the quality of tobacco products, safeguarding the interests of consumers, and ensuring state fiscal revenue.
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