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| Category | TOBACCO MONOPOLY | Organ of Promulgation | The Standing Committee of the National People's Congress | Status of Effect | In Force |
| Date of Promulgation | 1991-06-29 | Effective Date | 1992-01-01 |
|
Law of the People's Republic of China on Tobacco Monopoly |
|---|
Chapter I General Provisions
Chapter II Plantation, Purchase and Allocation of Leaf Tobacco
Chapter III Production of Tobacco Products
Chapter IV Sale and Transportation of Tobacco Products
Chapter V Production and Sale of Cigarette Paper, Filter Rod,
Cigarette Tow and Cigarette Manufacturing Equipment
Chapter VI Import and Export Trade and Foreign Economic and
Technological Co-operation
Chapter VII Legal Responsibility
Chapter VIII Supplementary Provisions Article 1 This Law is enacted with a view to exercising tobacco monopoly Article 2 As used in this Law, "tobacco monopoly commodities" refer to Cigarettes, cigars, cut tobacco and redried leaf tobacco are generally Article 3 The State shall according to law exercise monopoly Article 4 The department of tobacco monopoly administration under the Article 5 The State shall strengthen the scientific research and The State and society shall intensify the publicity of and education in Article 6 The State shall exercise administration of tobacco monopoly in Article 7 For the purpose of this Law, the term "leaf tobacco" means Other air- and sun-cured tobacco items which are not included in the Article 8 In growing tobacco, good varieties of tobacco shall be Article 9 Leaf tobacco purchasing plans shall be assigned by the Tobacco companies or their authorized agencies shall conclude leaf The purchasing prices of leaf tobacco shall be set, on a grading basis, Article 10 A unified purchase of leaf tobacco shall be effected by Tobacco companies or their authorized agencies shall, after setting price Article 11 The plans for allocating leaf tobacco and redried leaf A contract must be concluded for any allocation of leaf tobacco or Article 12 The establishment of an enterprise producing tobacco products Article 13 Capital construction or technological innovation to be Article 14 The total annual production plans for cigarettes and cigars The national tobacco company shall, on the basis of the total annual Article 15 Any enterprise which is to engage in the wholesale trade of Article 16 Any enterprise or individual that is to engage in the retail Article 17 The department of tobacco monopoly administration under the Article 18 The State shall lay down the tar content grading standards Article 19 Advertising for tobacco products shall be banned on Article 20 Applications must be made for the registration of trade marks The production and sale of tobacco products with counterfeit trade marks Article 21 Trade mark labels for tobacco products must be printed by Article 22 Whoever consigns the transportation of tobacco monopoly Article 23 Whoever sends by post or brings from another place leaf Article 24 Any individual who enters the territory of China shall not Article 25 Any enterprise which is to engage in the production of As used in this Law, the term "cigarette manufacturing equipment" means a Article 26 Any enterprise engaged in the production of cigarette paper, Article 27 Any enterprise engaged in the production of cigarette paper, Article 28 The department of tobacco monopoly administration under the Article 29 Any enterprise engaged in the import and export of tobacco Any enterprise with a special license for the tobacco monopoly operation Article 30 Whoever, in violation of this Law, purchases leaf tobacco Article 31 Whoever transports or consigns to others the transportation A consignee who, knowing that the goods to be transported are tobacco Whoever brings from another place leaf tobacco or tobacco products far in Article 32 Where an enterprise that does not hold a license for the Where an enterprise that does not hold a license for the tobacco monopoly Article 33 Where an enterprise that does not hold a license for the Article 34 Where an enterprise that does not hold a special license for Article 35 Where an enterprise or individual that does not hold a Article 36 Where an enterprise or individual produces or sells Where an enterprise or individual produces or sells tobacco products with Article 37 Where an enterprise or individual, in violation of the Article 38 Where an enterprise or individual profiteers in tobacco Personnel of a department of tobacco monopoly administration or of Article 39 Any enterprise or individual that forges or alters the Any enterprise or individual that purchases or sells the licenses Personnel of a department of tobacco monopoly administration or of a Article 40 Where the smuggling of tobacco monopoly commodities Personnel of a department of tobacco monopoly administration or of a Article 41 The department of tobacco monopoly administration shall have Article 42 Personnel from a people's court or a relevant department Personnel from a people's court or a relevant department dealing with Article 43 Personnel from the department of tobacco monopoly Article 44 A party, if not satisfied with the decision on administrative The reconsideration department shall, within 60 days after receiving the If a party has not applied for reconsideration, nor brought a suit in Article 45 The State Council shall formulate implementing regulations on Article 46 This Law shall enter into force on January 1, 1992. The
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Chapter I General Provisions
administration, organizing the production and management of tobacco monopoly
commodities in a planned way, improving the quality of tobacco products,
safeguarding consumers' interests and ensuring the national revenue.
cigarettes, cigars, cut tobacco, redried leaf tobacco, leaf tobacco,
cigarette paper, filter rods, cigarette tow and cigarette manufacturing
equipment.
referred to as tobacco products.
administration over the production, sale, import and export of tobacco
monopoly commodities, and practice a tobacco monopoly license system.
State Council shall be responsible for the nation-wide tobacco monopoly. The
departments of tobacco monopoly administration in the provinces, autonomous
regions and municipalities directly under the Central Government shall be
responsible for the tobacco monopoly within the areas under their respective
jurisdiction, and shall be under the dual leadership of the department of
tobacco monopoly administration under the State Council and the people's
governments of the relevant provinces, autonomous regions and municipalities
directly under the Central Government, with the leadership of the department
of tobacco monopoly administration under the State Council as the main
leading authority.
technical development of tobacco monopoly commodities, so as to improve the
quality of tobacco products and reduce the content of tar and other hazardous
ingredients in such products.
the fact that smoking is hazardous to health, forbid or restrict smoking on
public traffic vehicles and in public places, dissuade teen-agers and
youngsters from smoking, and forbid primary school pupils and middle school
students from smoking.
national autonomous areas, and shall, according to the relevant provisions of
this Law and the Law on Regional National Autonomy, take the interests of
national autonomous areas into account and give preferential treatment to the
plantation of leaf tobacco and the production of tobacco products in such
areas.
Chapter II Plantation, Purchase and Allocation of Leaf Tobacco
fluecured tobacco and selected air- and sun-cured tobacco needed for the
production of tobacco products. The catalogue of selected air- and sun-cured
tobacco items shall be determined by the department of tobacco monopoly
administration under the State Council.
abovementioned catalogue may be sold at rural or urban trade markets.
cultivated and popularized in line with the local conditions. Good varieties
of tobacco shall, after examination and approval by the national or
provincial tobacco evaluation committees, be supplied by local tobacco
companies.
planning departments of the local people's governments at or above the county
level on the basis of the plans assigned by the planning department under the
State Council. No other organizations or individuals shall make any
modifications thereto.
tobacco purchasing contracts with tobacco growers. Any leaf tobacco
purchasing contract shall specify the agreed area for leaf tobacco plantation.
by the pricing authorities under the State Council in conjunction with the
department of tobacco monopoly administration under the State Council.
tobacco companies or their authorized agencies in accordance with the
standards and prices set by the State. No other organizations or individuals
may effect any leaf tobacco purchase.
on a grading basis and according to the State-prescribed standards, purchase
all the leaf tobacco grown by leaf tobacco growers within the plantation
areas specified in the leaf tobacco purchasing contracts. The grades and
prices thereof shall not be forced down, and disputes arising from leaf
tobacco purchasing shall be dealt with properly.
tobacco among the provinces, autonomous regions and municipalities directly
under the Central Government shall be assigned by the planning department
under the State Council; the plans for allocating leaf tobacco and redried
leaf tobacco within areas under the jurisdiction of each province, autonomous
region or municipality directly under the Central Government shall be
assigned by the planning department of the relevant province, autonomous
region or municipality directly under the Central Government. No other
organizations or individuals may make any modifications thereto.
redried leaf tobacco.
Chapter III Production of Tobacco Products
shall be subject to the approval of the department of tobacco monopoly
administration under the State Council and the acquisition of a license for
the tobacco monopoly production enterprise, and then to the registration upon
its examination and approval by the administrative department for industry
and commerce; the splitup, merger or dissolution of an enterprise producing
tobacco products shall be subject to the approval of the department of
tobacco monopoly administration under the State Council and go through
formalities for the change and cancellation of the registration with the
administrative department for industry and commerce. The administrative
department for industry and commerce shall not approve and register an
enterprise that has not obtained a license for the tobacco monopoly
production enterprise.
conducted by an enterprise producing tobacco products for expanding
production capacity shall be subject to the approval by the department of
tobacco monopoly administration under the State Council.
of the provinces, autonomous regions and municipalities directly under the
Central Government shall be assigned by the planning department under the
State Council. The total annual production plans for cigarettes and cigars of
an enterprise producing tobacco products shall be assigned by the department
of tobacco monopoly administration at the provincial level on the basis of
the plans assigned by the planning department under the State Council and in
light of the marketing conditions. Local people's governments shall not
assign additional production quotas to an enterprise producing tobacco
products. If an enterprise producing tobacco products, in light of the
marketing conditions, finds it necessary to manufacture cigarettes and cigars
exceeding the total annual production plans, it must obtain the approval of
the department of tobacco monopoly administration under the State Council.
production plans set by the planning department under the State Council,
assign cigarette output targets with grading and classification
specifications to the tobacco companies at the provincial level, which shall,
on the basis of the cigarette output targets with grading and classification
specifications set by the national tobacco company and in light of the
marketing conditions, assign cigarette output targets with grading and
classification specifications to the enterprise producing tobacco products.
An enterprise producing tobacco products may, in light of the marketing
conditions, make appropriate adjustments to the cigarette output targets with
grading and classification specifications, within the scope of the total
annual production plans of the enterprise.
Chapter IV Sale and Transportation of Tobacco Products
tobacco products shall be subject to the approval of the department of
tobacco monopoly administration under the State Council or the department of
tobacco monopoly administration at the provincial level, and the acquisition
of a license for the tobacco monopoly wholesale enterprise, and then to the
approval and registration by the administrative department for industry and
commerce.
trade of tobacco products shall be subject to the examination and approval
of, before the issuance of a license for tobacco monopoly retail trade by,
the administrative department for industry and commerce under the people's
government at the county level on the commission of the department of tobacco
monopoly administration at the next higher level. In areas where departments
of tobacco monopoly administration at the county level have been set up, such
departments may, after their examination and approval, also issue tobacco
monopoly retail licenses.
State Council shall, together with the pricing authorities under the State
Council, select on a grading basis cigarettes of certain brands as
indicators. The prices of such indicators shall be set by the pricing
authorities under the State Council together with the department of tobacco
monopoly administration under the State Council. The prices of nonindicator
cigarettes, of cigars and cut tobacco shall be fixed by the department of
tobacco monopoly administration under the State Council or by the departments
of tobacco monopoly administration of the provinces, autonomous regions and
municipalities directly under the Central Government, as authorized by the
department of tobacco monopoly administration under the State Council, and
shall be submitted for the record to the pricing authorities under the State
Council or to the pricing authorities under the people's governments of the
relevant provinces, autonomous regions and municipalities directly under the
Central Government.
for cigarettes and cigars. The packages of cigarettes and cigars shall
indicate the grade of tar content and that smoking is hazardous to your
health.
broadcasting stations, television stations, or in newspapers or periodicals.
of cigarettes, cigars and packed cut tobacco, which shall not be manufactured
and marketed before the trade mark is registered upon approval.
shall be forbidden.
enterprises designated by the administrative department for industry and
commerce at the provincial level. Non-designated enterprises may not print
trade mark labels for tobacco products.
commodities to others or undertakes the transportation thereof by himself
must hold a transportation permit signed and issued by the department of
tobacco monopoly administration or its authorized agency; consignees may not
undertake the transportation for any consignor who does not hold a
transportation permit.
tobacco or tobacco products shall not exceed the quantity limits prescribed
by the competent department under the State Council.
carry tobacco products more than the quantity limits prescribed by the
competent department under the State Council.
Chapter V Production and Sale of Cigarette Paper, Filter Rod, Cigarette
Tow and Cigarette Manufacturing Equipment
cigarette paper, filter rods, cigarette tow or cigarette manufacturing
equipment must apply to the department of tobacco monopoly administration
under the State Council for approval and obtain a license for the tobacco
monopoly production enterprise.
complete set of equipment for cigarette manufacturing.
filter rods, cigarette tow or cigarette manufacturing equipment shall
organize production in accordance with the plans assigned by the department
of tobacco monopoly administration under the State Council and the order
contracts concluded with the enterprises producing tobacco products.
filter rods, cigarette tow or cigarette manufacturing equipment may sell its
products only to tobacco companies or enterprises producing tobacco products
with the license for tobacco monopoly production enterprises.
Chapter VI Import and Export Trade and Foreign Economic and
Technological Co-operation
State Council shall, in accordance with the relevant regulations of the State
Council, exercise control over tobacco industry's import and export trade and
its foreign economic and technological cooperation.
monopoly commodities, the consignment for sale of foreign tobacco products or
the purchase and sale of dutyfree foreign tobacco products within a customs
surveillance zone shall be subject to the approval of the department of
tobacco monopoly administration under the State Council or the department of
tobacco monopoly administration at the provincial level and must obtain a
special license for the tobacco monopoly operation enterprise.
enterprise must, in accordance with the relevant regulations of the
department of tobacco monopoly administration under the State Council, submit
to the department the plans and statements about its purchases, sales and
stock.
Chapter VII Legal Responsibility
without authorization shall be fined by the department of tobacco monopoly
administration, and the leaf tobacco illegally purchased shall be repurchased
by the said department at the price set by the State; if the illegal purchase
involves large quantities, the leaf tobacco purchased and the illegal income
derived therefrom shall be confiscated.
of tobacco monopoly commodities without a transportation permit, or in excess
of the quantity specified in the transportation permit, shall be fined by the
department of tobacco monopoly administration, and the tobacco monopoly
commodities thus involved may be purchased by the said department at the
price set by the State; if the circumstances are serious, the tobacco
monopoly commodities illegally transported and the illegal income derived
therefrom shall be confiscated.
monopoly commodities, undertakes the transportation thereof for units or
individuals that do not hold transportation permits, shall be confiscated of
the illegal income derived therefrom by the department of tobacco monopoly
administration, with the concurrent punishment of a fine.
excess of the quantity limits prescribed by the State shall be dealt with in
accordance with the provisions of the first paragraph of this Article.
tobacco monopoly production enterprise produces tobacco products, the
department of tobacco monopoly administration shall order it to close down,
confiscate the illegal income derived therefrom and concurrently impose
a fine.
production enterprise produces cigarette paper, filter rods, cigarette tow or
cigarette manufacturing equipment, the department of tobacco monopoly
administration shall order it to stop the production of the said products,
confiscate the illegal income derived therefrom and may concurrently impose
a fine.
tobacco monopoly wholesale enterprise engages in the wholesale trade of
tobacco products, the department of tobacco monopoly administration shall
order it to close down or to stop the wholesale trade of tobacco products,
confiscate the illegal income derived therefrom and concurrently impose
a fine.
the tobacco monopoly operation enterprise engages in the import and export of
tobacco monopoly commodities, the consignment for sale of foreign tobacco
products, or the purchase and sale of duty-free foreign tobacco products, the
department of tobacco monopoly administration shall order it to stop the
aforesaid operations, confiscate the illegal income derived therefrom and
concurrently impose a fine.
tobacco monopoly retail license engages in the retail sale of tobacco
products, the administrative department for industry and commerce shall order
it or him/her to stop retail business, confiscate the illegal income derived
therefrom and concurrently impose a fine.
cigarettes, cigars or packed cut tobacco without registered trade marks, the
administrative department for industry and commerce shall order it or him/her
to stop the production and sales thereof and shall concurrently impose a fine.
counterfeit trade marks, the administrative department for industry and
commerce shall order it or him/her to stop the infringing act and to
compensate the losses of the infringed, and may concurrently impose a fine;
if the infringement constitutes a crime, the offender's criminal
responsibility shall be investigated according to law.
provisions of Article 21 of this Law, illegally prints trade mark labels for
tobacco products, the administrative department for industry and commerce
shall destroy the printed trade mark labels, confiscate the illegal income
derived therefrom and concurrently impose a fine.
monopoly commodities and the profiteering constitutes a crime of illicit
speculation, such profiteer's criminal responsibility shall be investigated
according to law; if the circumstances are not so serious as to constitute
a crime, the administrative department for industry and commerce shall
confiscate the profiteered tobacco monopoly commodities as well as the
illegal income derived therefrom and may concurrently impose a fine.
a tobacco company, who, by taking advantage of their office, commit the crime
specified in the preceding paragraph, shall be subjected to heavier
punishments according to law.
licenses prescribed in this Law such as those for tobacco monopoly production
enterprises, tobacco monopoly business, as well as transportation permits,
shall be investigated for criminal responsibility according to law.
prescribed in this Law such as those for tobacco monopoly production
enterprises, tobacco monopoly business, as well as transportation permits,
shall be investigated for criminal responsibility by applying mutatis
mutandis the provisions of Article 117 of the Criminal Law.
tobacco company who, by taking advantage of their office, commit the crimes
specified in the preceding two paragraphs shall be subjected to heavier
punishments according to law.
constitutes the crime of smuggling, the smuggler's criminal responsibility
shall be investigated in accordance with the Supplementary Provisions
Concerning the Punishment of the Crimes of Smuggling; if the smuggling does
not involve tobacco monopoly commodities in large quantities, thus not
constituting the crime of smuggling, the smuggled commodities and articles as
well as the illegal income derived therefrom shall be confiscated by the
Customs, and a fine may concurrently be imposed.
tobacco company who, by taking advantage of their office, commit the crime
specified in the preceding paragraph shall be subjected to heavier
punishments according to law.
the right to carry out inspection on the implementation of this Law. Whoever
by means of violence or threat obstructs such inspectors from carrying out
their duties according to law shall be investigated for criminal
responsibility according to law; whoever refuses or obstructs such inspectors
from carrying out their duties according to law, but without resorting to
violence or threat, shall be punished by the public security organs in
accordance with the Regulations on the Administrative Penalties for Public
Security.
dealing with lawbreaking cases who share out the confiscated tobacco products
shall be investigated for criminal responsibility in accordance with the
provisions of Article 1 and Article 2 of the Supplementary Provisions
Concerning the Punishment of the Crimes of Embezzlement and Bribery.
lawbreaking cases who purchase the confiscated tobacco products shall be
ordered to return the products and may be subjected to administrative
sanctions.
administration or from a tobacco company who abuse their power, seek personal
interests and commit malpractice or neglect their duties shall be subjected
to administrative sanctions; if the circumstances are so serious as to
constitute a crime, the offender shall be investigated for criminal
responsibility according to law.
sanctions made by the department of tobacco monopoly administration or the
administrative department for industry and commerce, may, within 15 days
after receiving the notice about the decision on punishment, apply for
reconsideration to the authorities at the next higher level over the
authorities that made the decision on punishment; the party may also, within
15 days after receiving the notice about the decision on punishment, directly
bring a suit in a people's court.
application for reconsideration, make a reconsideration decision. The party,
if not satisfied with the reconsideration decision, may, within 15 days after
receiving the reconsideration decision, bring a suit in a people's court; if
the reconsideration department fails to make a reconsideration decision
within the time limit, the party may, within 15 days after the expiration of
the time limit for reconsideration, bring a suit in a people's court.
a people's court within the time limit, nor complied with the decision on
punishment, the department that has made the decision may apply to a people's
court for compulsory execution.
Chapter VIII Supplementary Provisions
the basis of this Law.
Regulations on Tobacco Monopoly promulgated by the State Council on September
23, 1983 shall be annulled simultaneously.
URL: http://www.asianlii.org/cn/legis/cen/laws/tml202