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

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　　Article 46 Departments of tobacco monopoly administration shall conduct supervision and inspection on the implementation of

　　Article 47 Opening and running of tobacco monopoly products trading markets should be subjected to the examination and approval of the department of tobacco monopoly administra

tion under the State Council. Tobacco monopoly products trading markets established without examination and approval should be banned by the People's Governments above the county level of the localities wherein the markets are located.

　　Article 48 Whenever necessary， the department of tobacco monopoly administration under the State Council may， in the light of the actual conditions in tobacco monopoly work， set up representative agencies in major areas； whenever necessary， the departments of tobacco monopoly administration at the provincial level may despatch resident staff in tobacco monopoly products production and operating enterprises. Representative agencies and resident staff supervise and inspect the production and operating activities relating to tobacco monopoly products within the authorized scope of the dispatching departments.

　　Article 49 In investigating and handling cases of violation of

　　（1）inquire the parties interested， suspects and witnesses in the lawbreaking cases；

　　（2）inspect the operating sites of the parties interested in the lawbreaking cases and deal with the illegally produced or marketed tobacco monopoly products according to law； and

　　（3）search， read and duplicate contracts， invoices， accounting books， vouchers， records， documents， business correspondence and other information related to the law-breaking activities.

　　Article 50 Departments of tobacco monopoly administration or departments of tobacco monopoly administration in conjunction with the departments concerned may inspect and deal with activities of illegal transportation of tobacco monopoly products in accordance with law.

　　Article 51 For auctions pursuant to the relevant provisions of the State of tobacco monopoly products confisticated by people's courts and administrative organs and tobacco monopoly products offsetting penalties， fines and tax money， bidders should hold tobacco monopoly wholesale enterprise licences； bidders taking part in auctions of foreign tobacco products should hold special tobacco monopoly operating enterprise licences.

　　Auction enterprises established in accordance with law for auctioning of tobacco monopoly products should examine and verify the qualifications of the bidders. Auctioning of tobacco monopoly products by auction enterprises should be subjected to the supervision of the departments of tobacco monopoly administration.

　　Article 52 Monopoly administrator-inspectors of departments of tobacco monopoly administration should wear badges issued by the department of tobacco monopoly administration under the State Council and show certificates of inspection issued by departments of tobacco monopoly administration at the provincial level while performing official duties.

　　Article 53 Units and individuals having performed meritorious services in reporting law-breaking cases in tobacco monopoly shall be rewarded.

　　Chapter X Legal Responsibilities

　　Article 54 The following provisions shall be observed in the implementation of penalties pursuant to the provisions of Article 30 of

　　（1）for purchase of leaf tobacco without authorization， a fine of more than 20% and less than 50% of the value of the illegally purchased leaf tobacco may be imposed， and the illegally purchased leaf tobacco shall be purchased at the price set by the State；

　　（2）for purchase of more than 1000 kilograms of leaf tobacco without authorization， the illegally purchased leaf tobacco and illegal income shall be confisticated according to law.

　　Article 55 The following provisions shall be observed in the implementation of penalties pursuant to the provisions of Article 31 of

　　（1）for consignment for shipment or shipment on one's own of tobacco monopoly products without a transportation permit or the quantity of which exceeds that prescribed in the transportation permit， a fine of more than 20% and less than

50% of the value of the illegally transported tobacco monopoly products shall be imposed， and the illegally transported tobacco monopoly products may be purchased at the price set by the State.

　　（2）for any of the following circumstances， the illegally transported tobacco monopoly products and illegal income shall be confisticated：

　　1. the value of illegally transported tobacco monopoly products exceeds RMB 50000 Yuan or the quantity of transported cigarettes exceeds 100 pieces（every 10000 cigarettes constitute one piece）；

　　2. having been subjected to penalties more than twice by departments of tobacco monopoly administration；

　　3. resisting inspection according to law by supervisor-inspectors of departments of tobacco monopoly administration；

　　4. illegal transportation of smuggled tobacco monopoly products；

　　5. transportation of tobacco monopoly products produced by enterprises without tobacco monopoly production enterprise licences；

　　6. illegal transportation of tobacco monopoly products in disguise；

　　7. evading inspection by using special vehicles in transporting tobacco monopoly products； and

　　8. other acts of illegal transportation the circumstances of which are serious.

　　（3）for the shipper who is aware that it is tobacco monopoly products and transports the same for units or individuals without transportation permits， its or his/her illegal income shall be confisticated， and a fine of more than 10% and less than 20% of the value of the illegally transported tobacco monopoly products may be concurrently imposed.

　　（4）for sending by post or bringing leaf tobacco and tobacco products to another place in excess of more than 100% of the quantity limit set by the departments concerned under the State Council， penalties shall be meted out pursuant to the provision of section （1） of this Article.

　　Article 56 The following provisions shall be observed in the implementation of penalties pursuant to the provisions of Article 32 of

　　（1）for production of tobacco products without tobacco monopoly production enterprise licences， the department of tobacco monopoly administration shall direct it or him/her to close down， confisticate the illegal income， impose a fine of more than 100% and less than 200% of the value of the produced tobacco products， and destroy the illegally produced tobacco products in public；

　　（2）for production of cigarette paper， filter rods， cigarette tow or special-purpose tobacco machinery without tobacco monopoly production enterprise licences， the department of tobacco monopoly administration shall direct it or him/her to stop production， confisticate the illegal income， impose a fine of more than 100% and less than 200% of the value of the illegally produced tobacco monopoly products， and destroy the illegally produced tobacco monopoly products in public.

　　Article 57 Pursuant to the provisions of Article 33 of

　　Article 58 The following provisions shall be observed in the implementation of penalties pursuant to the provisions of Article 34 of

　　（1）for operating import-export business of tobacco monopoly products without special tobacco monopoly operating enterprise licences， the department of tobacco monopoly administration shall direct it or him/her to stop the aforesaid business， confisticate the illegal income， and impose a fine of more than 50% and less than 100% of the value of the illegal operations of tobacco monopoly products.

　　（2）for operating purchasing-marketing business of foreign tobacco products without special tobacco monopoly operating enterprise licences， the department of tobacco monopoly administration shall direct it or him/her to stop operating the aforesaid business， confisticate the illegal income， and impose a fine of more than 20% and less than 50% of the value of the illegal operations of tobacco products.

　　Article 59 For u

nits with the acquisition of tobacco monopoly wholesale enterprise licences engaging in tobacco products wholesale beyond the business scope and regional boundary in contravention of the provisions of the first paragraph of Article 25 of these Regulations， the department of tobacco monopoly administration shall direct it or him/her to suspend the operations of wholesale business， confisticate the illegal income， and impose a fine of more than 10% and less than 20% of the value of the illegal operations of tobacco products.

　　Article 60 For failure of enterprises or individuals with the acquisition of tobacco monopoly retail licences to purchase the merchandise at local tobacco monopoly wholesale enterprises in contravention of the provisions of the second paragraph of Article 25 of these Regulations， the department of tobacco monopoly administration shall confisticate their illegal income， and may impose a fine of more than 5% and less than 10% of the total amount of the purchase.

　　Article 61 For operating tobacco products retail business without tobacco monopoly retail licences， the department of industry and commerce administration or the department of industry and commerce administration on the basis of the views of the department of tobacco monopoly administration shall direct it or him/her to stop the operations of tobacco products retail business， confisticate the illegal income， and impose a fine of more than 20% and less than 50% of the total amount in illegal oper

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