Home Uncategorized Specific contents of the measures for the monopoly management of tobacco special machinery

Specific contents of the measures for the monopoly management of tobacco special machinery

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Chapter I General Provisions
Article 1 in order to further strengthen the monopoly management of special tobacco machinery (hereinafter referred to as tobacco machinery), these measures are formulated in accordance with the tobacco monopoly law of the people’s Republic of China, the regulations for the implementation of the tobacco monopoly law of the people’s Republic of China and relevant provisions
second tobacco monopoly administrative departments at all levels should protect lawful production and operation of tobacco machinery and severely crack down on activities of destructed opium producing and selling tobacco machines. Br> Article 3 tobacco machinery production and operation enterprises must strictly implement the tobacco monopoly license system, and sign contracts with enterprises with tobacco monopoly licenses to organize production and operation in strict accordance with the production plan issued by the state tobacco monopoly administration
Article 4 the “cigarette machine” in these Measures refers to the special tobacco machinery listed in the directory of special tobacco machinery issued by the state tobacco monopoly administration
Chapter II tobacco monopoly management organization and responsibilities
Article 5 the monopoly supervision and Administration Department of the state tobacco monopoly administration is responsible for the tobacco monopoly management throughout the country, and the monopoly supervision and Administration Department of each provincial tobacco monopoly administration is responsible for the tobacco monopoly management within the province under the guidance of the monopoly supervision and Administration Department of the state tobacco monopoly administration. The monopoly supervision and Administration Department of the Provincial Tobacco Monopoly Bureau shall set up posts for tobacco machinery monopoly management
Article 6 for tobacco machinery production enterprises with tobacco monopoly production enterprise license, the Provincial Tobacco Monopoly Bureau where they are located shall send resident staff. The resident supervisors shall conduct regular inspection on the operation of the enterprise. The stationing of resident personnel shall be organized by the monopoly supervision and Administration Department of the state tobacco monopoly administration and implemented uniformly by the monopoly supervision and Administration Department of the relevant provincial bureaus
Article 7 the tobacco machinery cases found in various localities in violation of tobacco monopoly laws and regulations shall be reported level by level in accordance with the provisions on administrative punishment procedures for tobacco monopoly, and the Provincial Tobacco Monopoly Bureau shall report to the State Tobacco Monopoly Bureau. The State Tobacco Monopoly Bureau shall directly organize the investigation or authorize the Provincial Tobacco Monopoly Bureau to investigate and deal with it as appropriate
Article 8 the reward for reporting cigarette machine cases can be implemented with reference to the reward measures for cigarette cases. The Provincial Tobacco Monopoly shall set up a reporting telephone and publish it to the public
Article 9 the state tobacco monopoly administration authorizes China Tobacco Machinery Corporation to be responsible for organizing the manufacturing and overhaul of cigarette machines and the production and operation of spare parts in accordance with the provisions of the tobacco monopoly law, the regulations for the implementation of the tobacco monopoly law and these measures
Article 10 tobacco machinery production and operation enterprises shall be subject to the supervision and inspection of the monopoly supervision and Administration Department of the State Tobacco Monopoly Bureau and the monopoly supervision and Administration Department of the Provincial Tobacco Monopoly Bureau
Article 11 China Tobacco Machinery Corporation shall submit the production and operation of cigarette machines to the monopoly supervision and administration, development planning and economic operation departments of the state tobacco monopoly administration every year; The tobacco machinery production enterprise shall report the production and sales of its tobacco machinery to the Provincial Tobacco Monopoly supervision and administration department every six months
Article 12 the state tobacco monopoly administration entrusts each Provincial Tobacco Monopoly Bureau to conduct annual inspection on the purchase, sale, transfer, scrapping and destruction of tobacco machines of tobacco machine production enterprises and tobacco monopoly goods production enterprises in the province, and timely report the annual inspection results to the state tobacco monopoly administration
Article 13 all provincial tobacco monopoly bureaus are responsible for banning illegal tobacco machine production and operation enterprises within the jurisdiction of the province; Strengthen the monopoly management of tobacco machines in tobacco monopoly production enterprises that have been shut down, suspended and transferred to ensure that tobacco machines do not flow into illegal channels; Strictly uphold and implement the decision of the state tobacco monopoly administration on the handling of illegal enterprises; Strengthen the management of manufacturers of specific cigarette machine parts within their jurisdiction to ensure that specific cigarette machine parts are not used for illegal assembly of cigarette machines
Chapter III monopoly management of domestic tobacco machines
Article 14 tobacco machine production enterprises must obtain the license of tobacco monopoly production enterprises before they can produce and sell tobacco machines
enterprises engaged in tobacco special machinery must apply for five kinds of tobacco monopoly business enterprise licenses according to regulations
Article 15 the tobacco machinery production enterprises applying for the license of tobacco monopoly production enterprises shall be examined by the monopoly supervision and Administration Department of the state tobacco monopoly administration in conjunction with relevant departments, put forward specific opinions and submit them to the State Tobacco Monopoly Administration for examination and approval
enterprises that develop cigarette machines can only develop and produce after being summarized by China Tobacco Machinery Corporation and reported to the competent department of science and technology of the state tobacco monopoly administration and included in the annual scientific research plan; Generally, the number of developed prototypes shall not exceed 3 sets; The developed products can be formally produced and sold only after they have passed the technical appraisal organized by the intermediary organization recognized by the state tobacco monopoly administration and obtained the license of tobacco monopoly production enterprise
Article 16 a tobacco machine manufacturer holding a tobacco monopoly production enterprise license must produce tobacco machines in strict accordance with the scope specified in the license
Article 17 a tobacco machine manufacturer holding a license for tobacco monopoly production enterprise must make a permanent mark on the body of the tobacco machine, so as to facilitate the monopoly management after the tobacco machine is sold; It is necessary to strengthen the management of the enterprise’s technical staff and the drawings and technical data of cigarette machines, so as to prevent them from being used for illegal assembly and production of cigarette machines
Article 18
Article 19 when purchasing cigarette machines for technological transformation, a tobacco monopoly product production enterprise must submit the corresponding list of obsolete equipment to the State Tobacco Monopoly Bureau of the Provincial Tobacco Monopoly Bureau for examination. After passing the examination, the planning management department of the State Tobacco Monopoly Bureau shall issue a distribution plan

Article 20 tobacco monopoly production enterprises shall not transfer or sell cigarette machines on their own. If the cigarette machine needs to be transferred or sold, it shall be reported to the State Tobacco Monopoly Bureau for approval by the Provincial Tobacco Monopoly Bureau where it is located. After implementation, the transferor or seller shall report to the monopoly supervision and Administration Department of the State Tobacco Monopoly Bureau for the record
twenty-first tobacco enterprises’ allocation of flue gas transfers must be examined and approved by the Provincial Tobacco Monopoly Bureau at the Provincial Tobacco Monopoly Bureau. After execution, the party will be transferred to the monopoly supervision and Management Department of the State Tobacco Monopoly Bureau for the record. Br> Article 22 a tobacco machinery manufacturing enterprise holding a tobacco monopoly tax enterprise license may engage in the major repair business of its own production models. The scope of the license for major repair of other models shall be specified in the license or approved by the state tobacco monopoly administration. Tobacco machinery manufacturing enterprises without tobacco monopoly production enterprise license shall not engage in major repair business of tobacco machinery. Tobacco monopoly production enterprises shall carry out major repair of cigarette machines if they do not obtain the license of tobacco monopoly production enterprises. Yj14-23 /22 type crimping unit, 3000 type packaging machine and other crimping and packaging equipment with a production capacity of less than 3000 pieces per minute are not allowed to leave the factory for major repair in principle. Under special circumstances, a written application shall be submitted for examination and approval by the state tobacco monopoly administration, and the specific business shall be uniformly arranged by China Tobacco Machinery Corporation
Article 23 within three months after the cigarette machine purchased by the production enterprise of the tobacco monopoly bureau enters the factory, it shall complete the scrapping procedures of the corresponding scrapped equipment according to the relevant regulations, destroy the scrapped cigarette machine under the supervision of the supervision and Administration Department of the Tobacco Monopoly Bureau at or above the provincial level, and jointly sign the destruction certificate on site; Copies of the materials destroyed by the equipment shall be timely reported by the monopoly supervision and Administration Department of the Provincial Tobacco Monopoly Bureau to the monopoly supervision and Administration Department of the State Tobacco Monopoly Bureau
Article 24 when transporting cigarette machines across provinces, autonomous regions and municipalities directly under the central government, the state tobacco monopoly administration shall issue a transportation permit. Transportation within the province shall be subject to the transportation permit issued by the Provincial Tobacco Monopoly Bureau
Article 25 cigarette machines of value seized by tobacco monopoly bureaus at all levels must be sold in accordance with relevant regulations after being approved by the State Tobacco Monopoly Bureau
Chapter IV monopoly management of import and export tobacco machines
Article 26 enterprises engaged in the import and export business of tobacco machines must obtain the license for special tobacco monopoly enterprises issued by the state tobacco monopoly administration
Article 27 for the import of cigarette machines, according to the import plan formulated by the state tobacco monopoly administration, China National Tobacco Import and Export Corporation shall negotiate and sign unified contracts with foreign countries, and arrange relevant tobacco import and export companies to perform the contracts
Article 28 the export of cigarette machines shall be organized and operated by China National Tobacco Import and Export Corporation in accordance with regulations, and the export enterprises shall report to the monopoly supervision and Administration Department of the State Tobacco Monopoly Administration for the record
Article 29 the establishment of a Sino foreign joint venture for tobacco machinery must be examined and approved by the state tobacco monopoly administration. Its production and business operations shall be regularly reported to the State Tobacco Monopoly Administration for examination and approval. Its production and business operations shall be regularly reported to the monopoly supervision and Administration Department of the state tobacco monopoly administration
Chapter V Management of specific smoke machine parts
Article 30 specific smoke machine parts refer to the body, rear body, brand box and other parts of the smoke machine in the packaging machinery. The list of specific cigarette machine parts shall be published by the state tobacco monopoly administration
Article 31 the manufacturer of specific tobacco machine parts shall obtain the fixed-point license of the state tobacco monopoly administration, and regularly report the business situation of the production and sales of specific tobacco machine parts to the monopoly supervision and Administration Department of the state tobacco monopoly administration and the provincial tobacco monopoly administration where it is located, and accept its supervision and inspection
Article 32 cigarette machine manufacturing enterprises and tobacco monopoly goods manufacturing enterprises shall not purchase specific cigarette machine parts from non designated manufacturers of specific cigarette machine parts
Article 33 the manufacturer of specific smoke machine parts shall make permanent marks on specific parts; Specific parts can only be sold to tobacco machinery manufacturers with tobacco monopoly production enterprise licenses and tobacco monopoly product manufacturers using such parts
Chapter VI penalty provisions
Article 34 for cigarette machinery cases in various places that violate tobacco monopoly laws and regulations, if they are not reported to the state tobacco monopoly administration in time or handled without the approval of the state tobacco monopoly administration, the state tobacco monopoly administration will circulate a notice of criticism and impose administrative sanctions on those responsible according to the situation; If the case is not handled properly, the state tobacco monopoly administration will revoke or change its handling decision
Article 35 Whoever produces cigarette machines without obtaining the license of tobacco monopoly production enterprise shall be fined not less than one time but not more than two times the total value of the illegally produced cigarette machines, and the illegally produced cigarette machines shall be publicly cancelled
those who develop cigarette machines without the approval of the state tobacco monopoly administration shall be punished in accordance with the provisions of the preceding paragraph
thirty-sixth tobacco producing enterprises holding tobacco monopoly production enterprises license destructed opium to illegal tobacco factories and counterfeit dens, and the illegal gains are confiscated, and the value of the tobacco machine value above 20% and 50% is also imposed. If the circumstances are serious, it shall be ordered to stop production for rectification. If it is within the system, the person in charge of the enterprise shall be subject to administrative dismissal, and the person directly responsible shall be dismissed from public office; If it is outside the system, the state tobacco monopoly administration shall propose to the superior competent department of the enterprise to deal with it in accordance with the provisions on the treatment of enterprises within the system
Article 37 the state tobacco monopoly administration shall circulate a notice of criticism to a tobacco machinery manufacturer holding a license for tobacco monopoly production enterprise who sells tobacco machinery to a tobacco monopoly production enterp
rise without authorization; Those who have serious consequences shall be punished in accordance with the provisions of Article 36, as the case may be
Article 38 Whoever consigns or transports cigarette machines without a permit shall be fined more than 20% and less than 50% of the total value of the illegal transportation of cigarette machines; If the circumstances are serious, the transported cigarette machines shall be confiscated
Article 39 Where a tobacco monopoly product production enterprise purchases cigarette machines from a cigarette machine production and trading enterprise without a tobacco monopoly license, it shall be fined not less than 50% but not more than twice the total value of the cigarette machines. If it is within the system, the technological transformation of the enterprise shall be suspended for one year
Article 40 tobacco monopoly production enterprises are not approved

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