中华人民共和国烟草专卖法 LAW OF THE PEOPLES REPUBLIC OF CHINA ON TOBACCO MONOPOLY

（Adopted at the 20th Meeting of the Standing Committee of the Seventh National People's Congress on June 29，1991， promulgated by Order No. 46 of the President of the People's Republic of China on June 29， 1991， and effective as of January 1， 1992）
颁布日期：19910629 　实施日期：19920101 　颁布单位：全国人大常委会

　　Contents

　　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

　　Chapter I General Provisions

　　Article 1 This Law is enacted with a view to exercising tobacco monopoly 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.

　　Article 2 As used in this Law， “tobacco monopoly commodities” refer to cigarettes， cigars， cut tobacco， redried leaf to bacco， leaf tobacco， cigarette paper， filter rods， cigarette tow and cigarette manufacturing equipment.

　　Cigarettes， cigars， cut tobacco and redried leaf tobacco are generally referred to as tobacco products.

　　Article 3 The State shall according to law exercise monopoly administration over the production， sale， import and export of tobacco monopoly commodities， and practice a tobacco monopoly license system.

　　Article 4 The department of tobacco monopoly administration under the 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 to baccomonopoly 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 to baccomonopoly administration under the State Council as the main leading authority.

　　Article 5 The State shall strengthen the scientific research and 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 State and society shall intensify the publicity of and education in 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.

　　Article 6 The State shall exercise administration of tobacco monopoly in 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

　　Article 7 For the purpose of this Law， the term “leaf tobacco” means 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.

　　Other air- and sun-cured tobacco items w

hich are not included in the above mentioned catalogue may be sold at rural or urban trade markets.

　　Article 8 In growing tobacco， good varieties of tobacco shall be cultivated and popularized in line with the local conditions. Good varieties of tobacco shall， after examination and approval by the national or provincial tobaccoe valuation committees， be supplied by local tobacco companies.

　　Article 9 Leaf tobacco purchasing plans shall be assigned by the 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 companies or their authorized agencies shall conclude leaf tobacco purchasing contracts with tobacco growers. Any leaf tobacco purchasing contract shall specify the agreed area for leaf tobacco plantation.

　　The purchasing prices of leaf tobacco shall be set， on a grading basis， by the pricing authorities under the State Council in conjunction with the department of tobacco monopoly administration under the State Council.

　　Article 10 A unified purchase of leaf tobacco shall be effected by tobacco companies or their authorized agencies inaccordance with the standards and prices set by the State. No other organizations or individuals may effect any leaf tobacco purchase.

　　Tobacco companies or their authorized agencies shall， after setting price 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.

　　Article 11 The plans for allocating leaf tobacco and redried leaf 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.

　　A contract must be concluded for any allocation of leaf tobacco or redried leaf tobacco.

　　Chapter III Production of Tobacco Products

　　Article 12 The establishment of an enterprise producing 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 split up， 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.

　　Article 13 Capital construction or technological innovation to be 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.

　　Article 14 The total annual production plans for cigarettes and cigars of the provinces， autonomous regions and municipalities dire

ctly 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.

　　The national tobacco company shall， on the basis of the total annual 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 out put 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

　　Article 15 Any enterprise which is to engage in the wholesale trade of tobac

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