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

rticle 36 Where an enterprise or individual produces or sells 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 concur

rently impose a fine.

　　Where an enterprise or individual produces or sells tobacco products with 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.

　　Article 37 Where an enterprise or individual， in violation of the 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.

　　Article 38 Where an enterprise or individual profiteers in tobacco 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.

　　Personnel of a department of tobacco monopoly administration or of 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.

　　Article 39 Any enterprise or individual that forges or alters the 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.

　　Any enterprise or individual that purchases or sells the 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 by applying mutatis mutandis the provisions of Article 117 of the Criminal Law.

　　Personnel of a department of tobacco monopoly administration or of a 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.

　　Article 40 Where the smuggling of tobacco monopoly commodities 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.

　　Personnel of a department of tobacco monopoly administration or of 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.

　　Article 41 The department of tobacco monopoly administration shall have 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.

　　Article 42 Personnel from a people's court or a relevant department 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.

　　Personnel from a people's court or a relevant department dealing with lawbreaking cases who purchase the confiscated tobacco products shall be ordered to return the products and may be subjected to administrative sanctions.

　　Article 43 Personnel from the department of tobacco monopoly 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.

　　Article 44 A party， if not satisfied with the decision on administrative 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.

　　The reconsideration department shall， within 60 days after receiving the application for reconsideration， make are consideration 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 are consideration 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.

　　If a party has not applied for reconsideration， nor brought a suit in 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

　　Article 45 The State Council shall formulate implementing regulations on the basis of this Law.

　　Article 46 This Law shall enter into force on January 1， 1992. The Regulations on Tobacco Monopoly promulgated by the State Council on September 23， 1983 shall be annulled simultaneously

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