中华人民共和国烟草专卖法实施条例 REGULATIONS FOR THE IMPLEMENTATION OF THE LAW OF THE PEOPLES REPUBLIC OF CHINA ON T

国务院令第223号
（Promulgated by Decree No. 223 of the State Council of the People's Republic of China on July 3， 1997）
　　颁布日期：19970703 　实施日期：19970703 　颁布单位：国务院

　　Chapter I General Provisions

　　Article 1 These Regulations are formulated in accordance with

　　Article 2 Tobacco monopoly means that the State practises the system of monopoly operations and unified control over the production， sales and import export businesses of tobacco monopoly products.

　　Article 3 The cut tobacco in tobacco monopoly products refers to commodities in cuts， dust and granule processed with leaf tobacco， redried leaf tobacco and leaf tobacco slices as raw materials.

　　Article 4 For performance of functions， responsibilities and leadership system of the department of tobacco monopoly administration under the State Council and the departments of tobacco monopoly administration of the provinces， autonomous regions and municipalities directly under the Central Government， the provisions of Article 4 of

　　Article 5 The State exercises control over the tar content in cigarettes and cigars and main additives for cigarettes and cigars. Tobacco products production enterprises must not use hazardous additives and pigments in violation of the relevant provisions of the State.

　　Chapter II The Tobacco Monopoly Licence

　　Article 6 Anyone engaging in the production， wholesale and retail businesses， operating tobacco monopoly product simport-export businesses and operating foreign tobacco products purchasing-marketing businesses must， in pursuance of the provisions of

　　Tobacco monopoly licences are divided into：

　　（1）tobacco monopoly production enterprise licence；

　　（2）tobacco monopoly wholesale enterprise licence；

　　（3）tobacco monopoly retail licence； and

　　（4）special tobacco monopoly operating enterprise licence.

　　Article 7 For the obtainment of a tobacco monopoly production enterprise licence， the following conditions should be met：

　　（1）having appropriate funds for the production of tobacco monopoly products；

　　（2）having the required conditions of technology and equipment for the production of tobacco monopoly products；

　　（3）compliance with the requirements of the industrial policy of the State on the tobacco industry； and

　　（4）other conditions prescribed by the department of tobacco monopoly administration under the State Council.

　　Article 8 For the obtainment of a tobacco monopoly wholesale enterprise licence， the following conditions should be met：

　　（1）having adequate funds for operating tobacco monopoly products wholesale business；

　　（2）having a fixed site for the operations and necessary specialized staff；

　　（3）compliance with requirements for rational distribution of tobacco monopoly wholesale enterprises； and

　　（4）other conditions prescribed by the department of tobacco monopoly administration under the State Council.

　　Article 9 For the obtainment of a tobacco monopoly retail licence， the following conditions should be met：

　　（1）having adequate funds for operating tobacco monopoly products retail business；

　　（2）having a fixed site for the operations；

　　（3）compliance with requirements for rational distribution of tobacco monopoly products retail points； and（4）other conditions prescribed by the department of tobacco monopoly administration under the State Council.

　　Article 10 For the obtainment of a special tobacco monopoly operating enterprise licence， the following conditions should be met：

　　（1）having adequate funds for operating special tobacco monopoly products business；

　　（2）having a fixed site for the operations and necessary specialized staff；

　　（3）compliance with requirements for rational distribution of operating foreign tobacco monopoly products business； and

　　（

4）other conditions prescribed by the department of tobacco monopoly administration under the State Council.

　　Article 11 The departments of tobacco monopoly administration issue tobacco monopoly licences and transportation permits for tobacco monopoly products and exercise control pursuant to the provisions of

　　Article 12 Applicants for the obtainment of tobacco monopoly production enterprise licences should submit their applications to the departments of tobacco monopoly administration of the provinces， autonomous regions and municipalities directly under the Central Government（hereinafter referred to as at the provincial level）， departments of tobacco monopoly administration at the provincial level shall examine the same and make remarks thereon and submit the same to the department of tobacco monopoly administration under the State Council for examination and approval and issuance of licences.

　　Article 13 Applicants for the obtainment of tobacco monopoly wholesale enterprise licences for transregional operations in provinces， autonomous regions and municipalities directly under the Central Government should submit their applications to the departments of tobacco monopoly administration at the provincial level which shall examine the same and offer their remarks thereon and submit the same to the department of tobacco monopoly administration under the State Council for examination and approval and issuance of licences.

　　Applicants for the obtainment of tobacco monopoly wholesale enterprise licences for operations within the jurisdiction of a province， an autonomous region or a municipality directly under the Central Government should submit their applications to the departments of tobacco monopoly administration of the localities wherein the enterprises are located which shall examine the same and offer their remarks thereon and submit the same to the departments of tobacco monopoly administration at the provincial level for examination and approval and issuance of licences.

　　Article 14 Applications for the obtainment of tobacco monopoly retail licences shall be handled pursuant to the provisions of

　　Article 15 Applicants for the obtainment of special tobacco monopoly operating enterprise licences for operating tobacco monopoly products import-export business and operating foreign tobacco products purchasing marketing business should submit their applications to the departments of tobacco monopoly administration at the provincial level which shall examine the same and sign their remarks thereon and submit the same to the department of tobacco monopoly administration under the State Council for examination and approval and issuance of licences.

　　Applicants for the obtainment of special tobacco monopoly operating enterprise licences for operating duty-free foreign tobacco products purchasing-marketing business in customs supervision zones should submit their applications to the departments of tobacco monopoly administration of the localities wherein the enterprises are located which shall examine the same and sign remarks thereon for submission to the departments of tobacco monopoly administration at the provincial level for examination and approval and issuance of licences.

　　Article 16 Issuing organs of tobacco monopoly licences can carry out regular or irregular inspections of the enterprises and individuals having obtained tobacco monopoly licences. Those found to be not in compliance with the conditions prescribed by

　　Specific control measures for tobacco monopoly licences shall be worked out by the department of tobacco monopoly administration under the State Council in accordance with the provisions of these Regulations.

　　Chapter III Plantation， Purchase and Allocation of Leaf Tobacco

　　Article 17 The department of tobacco monopoly administration under the State Council works out the leaf tobacco planting plan in conjunction

with the People's Governments of the provinces， autonomous regions and Municipalities directly under the Central Government concerned according to the State plan， in accordance with the requirements of rational distribution and the principle of using good seeds， regional grouping and standardization.

　　Article 18 Leaf tobacco shall be unifiedly purchased by the tobacco companies or their entrusted agencies according to law. The tobacco companies or their entrusted agencies may， in accordance with requirements， set up leaf tobacco purchasing stations（points） in areas where the State has assigned leaf tobacco purchasing plans for the purchase of leaf tobacco. Establishment of leaf tobacco purchasing stations（points） shall be subject to the approval of the departments of tobacco monopoly administration at the provincial level. No unit or individual shall purchase leaf tobacco without approval.

　　Article 19 Local departments of tobacco monopoly administration organize the departments concerned at the same level and representatives of leaf tobacco producers in the formation of leaf tobacco grading groups to coordinate grading in leaf tobacco purchase.

　　Article 20 Plans for State reserve and export of leaf tobacco and leaf tobacco allocation plans shall be assigned by the planning department under the State Council.

　　Chapter IV Production of Tobacco Products

　　Article 21 Establishment of tobacco products production enterprises should be submitted by the departments of tobacco monopoly administration at the provincial level to the department of tobacco monopoly administration under the State Council for approval， with the acquisition of tobacco monopoly production enterprise licences and registration upon verification and approval at the departments of indu

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