Regulations on Procedures for Administrative Penalties in Tobacco Monopoly Took Effect Yesterday and

The "Regulations on Administrative Punishment Procedures for Tobacco Monopoly" revised and promulgated by the Ministry of Industry and Information Technology a few months ago will come into effect today (July 20, 2023). The "Regulations on Administrative Punishment Procedures for Tobacco Monopoly" promulgated on January 21, 2010 "shall be repealed at the same time.

These Provisions include general provisions, jurisdiction and application, general provisions, summary procedures, ordinary procedures, hearing procedures, execution of administrative penalties, law enforcement supervision, legal responsibilities, and supplementary provisions, with a total of 93 articles in ten chapters. These Provisions apply to the imposition of administrative penalties by tobacco monopoly bureaus at all levels, and the tobacco monopoly bureaus shall impose penalties on cases involvinge-cigarettessuchnew tobaccoThese Provisions shall apply to administrative penalties imposed on illegal activities related to products.

The Ministry of Industry and Information Technology recently revised and announced the "Regulations on Administrative Punishment Procedures for Tobacco Monopoly", which will come into effect on July 20, 2023. The "Regulations on Administrative Punishment Procedures for Tobacco Monopoly" promulgated on January 21, 2010 will be repealed at the same time.
These Provisions include general provisions, jurisdiction and application, general provisions, summary procedures, ordinary procedures, hearing procedures, execution of administrative penalties, law enforcement supervision, legal responsibilities, and supplementary provisions, with a total of 93 articles in ten chapters. These Provisions apply to the imposition of administrative penalties by tobacco monopoly bureaus at all levels. These Provisions shall apply to the imposition of administrative penalties by tobacco monopoly bureaus on illegal activities involving new tobacco products such as e-cigarettes.
The following is the entire content of the "Regulations on Administrative Punishment Procedures for Tobacco Monopoly"

Regulations on Administrative Punishment Procedures for Tobacco Monopoly

(Promulgated by Order No. 61 of the Ministry of Industry and Information Technology on May 16, 2023, will take effect on July 20, 2023.)
chapter I General provisions
Article 1 In order to standardize the implementation of administrative penalties on tobacco monopoly, ensure and supervise the effective implementation of administrative management by the Tobacco Monopoly Bureau, safeguard the national tobacco monopoly system, and protect the legitimate rights and interests of citizens, legal persons or other organizations, these Provisions are formulated in accordance with the "Administrative Punishment Law of the People's Republic of China","The Tobacco Monopoly Law of the People's Republic of China", the Law of the People's Republic of China on the Protection of Minors ", and the" Regulations for the Implementation of the Tobacco Monopoly Law of the People's Republic of China "and other laws and administrative regulations.
Article 2 These Provisions shall apply to the imposition of administrative penalties by tobacco monopoly bureaus at all levels.
Article 3 When imposing administrative penalties, the Tobacco Monopoly Bureau shall follow the following principles:
(1) Be based on facts and are equivalent to the facts, nature, circumstances and social harm of the illegal act;(2) The subject is qualified, the procedures are legal, and the procedures are complete;(3) Combine punishment with education to educate citizens, legal persons or other organizations to consciously abide by the law;(4) Be fair, just, open and transparent, and protect the legitimate rights and interests of the parties involved.
Article 4 Citizens, legal persons or other organizations shall have the right to state and defend administrative penalties imposed by the Tobacco Monopoly Bureau in accordance with the law; if they are not satisfied with the administrative penalty, they shall have the right to apply for administrative review or file administrative litigation in accordance with the law.
Citizens, legal persons or other organizations who suffer damage due to illegal administrative penalties imposed by the Tobacco Monopoly Bureau have the right to claim compensation in accordance with the law.
Article 5 Tobacco monopoly bureaus at all levels shall establish and improve an internal supervision system for administrative penalties to ensure that administrative penalties are implemented in accordance with the law.
Chapter 2 Jurisdiction and Application
Article 6 Tobacco monopoly administrative penalty cases shall be under the jurisdiction of the tobacco monopoly bureau at or above the county level where the illegal act occurred.
Article 7 County-level tobacco monopoly bureaus shall have jurisdiction over cases occurring within their jurisdiction.
Prefectural and municipal tobacco monopoly bureaus have jurisdiction over cases with significant impact that occur within their jurisdiction.
Tobacco Monopoly Bureaus of provinces, autonomous regions and municipalities directly under the Central Government shall have jurisdiction over major and complex cases occurring within their jurisdiction.
The State Tobacco Monopoly Administration has jurisdiction over cases with significant impact nationwide.
Article 8 If two or more tobacco monopoly bureaus have jurisdiction, the jurisdiction shall be under the jurisdiction of the tobacco monopoly bureau that first filed the case.
If disputes arise over jurisdiction, they shall be resolved through consultation. If consultation fails, they shall be reported to the common higher-level Tobacco Monopoly Bureau for designation of jurisdiction; they may also be directly designated by the common higher-level Tobacco Monopoly Bureau for designation of jurisdiction.
Article 9 If the Tobacco Monopoly Bureau finds that the case investigated and dealt with should be under the jurisdiction of other tobacco monopoly bureaus, it shall transfer the case to the Tobacco Monopoly Bureau with jurisdiction.
If the tobacco monopoly bureau that has been transferred has objections to jurisdiction, it shall report to the common higher-level tobacco monopoly bureau for designation of jurisdiction, and may not transfer it on its own.
Article 10 Higher-level tobacco monopoly bureaus may directly investigate and deal with cases under the jurisdiction of lower-level tobacco monopoly bureaus.
If the Tobacco Monopoly Bureau believes that the case has a significant impact, it may report it to the Tobacco Monopoly Bureau at a higher level for jurisdiction.
Article 11 If a tobacco monopoly bureau with jurisdiction cannot or is not suitable for jurisdiction due to special reasons, the tobacco monopoly bureau at the next higher level shall have direct jurisdiction or designate other tobacco monopoly bureaus to have jurisdiction.
Article 12 If the Tobacco Monopoly Bureau needs to impose administrative penalties, it may submit a request for assistance to other tobacco monopoly bureaus or relevant agencies, and shall issue a letter of assistance. If the assistance matters fall within the scope of the requested Tobacco Monopoly Bureau or relevant agency, assistance shall be provided in accordance with the law. Those who need assistance and cooperation from postal services, telecommunications, banking, transportation management and other units shall comply with relevant national regulations.# p#pagination title #e#
Article 13 If the Tobacco Monopoly Bureau discovers that the cases investigated and dealt with should be under the jurisdiction of other administrative agencies, it shall transfer them to other administrative agencies in accordance with the law.
If an illegal act is suspected of committing a crime, the Tobacco Monopoly Bureau shall promptly transfer the case to a judicial organ and investigate criminal responsibility in accordance with the law, and shall not replace criminal punishment with administrative punishment.
The Tobacco Monopoly Bureau should strengthen coordination and cooperation with judicial organs, establish and improve the case transfer system, strengthen the connection between the transfer and receipt of evidence materials, and improve the information reporting mechanism for case handling.
Article 14 When imposing administrative penalties, the Tobacco Monopoly Bureau shall order the party concerned to correct or correct the illegal act within a time limit.
If the party concerned has illegal income, unless it should be refunded and compensated according to law, it shall be confiscated. Illegal income refers to the money obtained from committing illegal acts.
Article 15 No administrative penalty of fines may be imposed more than twice for the same illegal act committed by a party. If the same illegal act violates multiple legal norms and should be fined, the penalty shall be imposed in accordance with the regulations on the high amount of the fine.
Article 16 If a minor under the age of 14 commits an illegal act, no administrative penalty will be imposed, and the guardian will be ordered to discipline him; if a minor over the age of 14 but under the age of 18 commits an illegal act, he or she shall be given a lighter or mitigated administrative penalty.
Article 17 If a mentally ill or mentally disabled person commits an illegal act when he cannot recognize or control his behavior, no administrative penalty will be imposed, but his guardian shall be ordered to strictly guard and treat him. If an intermittent mental patient commits an illegal act while in a normal state of mind, administrative penalties shall be imposed. Mental patients or mentally disabled persons who have not completely lost their ability to recognize or control their own behavior may be given a lighter or mitigated administrative penalty if they commit illegal acts.
Article 18 If a party falls under any of the following circumstances, the administrative penalty shall be given a lighter or mitigated:
(1) Actively eliminating or reducing the harmful consequences of illegal acts;(2) Being coerced or deceived by others to commit illegal acts;(3) Actively confessing illegal acts that the Tobacco Monopoly Bureau has not yet mastered;(4) Cooperating with the Tobacco Monopoly Bureau in investigating and handling illegal acts. Those who have performed meritorious service in the conduct;(5) Other administrative penalties that should be given a lighter or mitigated as stipulated by laws, regulations, and rules.
Article 19 If the illegal act is minor and corrected in a timely manner, and does not cause harmful consequences, no administrative penalty will be imposed. Administrative penalty may not be waived for those who violate the law for the first time with minor harmful consequences and correct it in a timely manner.
If the party concerned has sufficient evidence to prove that there is no subjective fault, no administrative penalty will be imposed. If laws and administrative regulations provide otherwise, such provisions shall prevail.
If no administrative penalty is imposed on the party concerned for its illegal acts in accordance with the law, the Tobacco Monopoly Bureau shall educate the party concerned.
Article 20 The Tobacco Monopoly Bureau shall formulate administrative penalty discretion benchmarks in accordance with the law and standardize the exercise of administrative penalty discretion. The benchmark for administrative penalty discretion should be announced to the public.
Chapter 3 General Provisions
Article 21 The Tobacco Monopoly Bureau shall publicize information such as the enforcement agency of administrative penalties, the basis for filing cases, enforcement procedures and relief channels.
Article 22 Administrative penalties shall be imposed by law enforcement personnel with administrative law enforcement qualifications in the Tobacco Monopoly Bureau. There shall be no less than 2 law enforcement personnel, unless otherwise provided by law.
Law enforcement officials should enforce the law in a civilized manner and respect and protect the legitimate rights and interests of the parties involved.
Article 23 If a law enforcement officer has a direct interest in the case or has other relationships that may affect impartial law enforcement, he shall voluntarily withdraw.
If a party concerned believes that a law enforcement officer has a direct interest in the case or has other relationships that may affect impartial law enforcement, he has the right to apply for withdrawal.
If the party concerned submits an application for withdrawal, the Tobacco Monopoly Bureau shall review it in accordance with the law. The avoidance of law enforcement officers shall be decided by the person in charge of the Tobacco Monopoly Bureau; the avoidance of the person in charge of the Tobacco Monopoly Bureau shall be decided by the Tobacco Monopoly Bureau at the next higher level. The investigation will not be stopped until a decision is made.
Article 24 Before making a decision on administrative penalty, the Tobacco Monopoly Bureau shall inform the parties concerned of the content, facts, reasons, and basis of the proposed administrative penalty, and inform the parties of their rights to make statements, defend, request for a hearing, etc. in accordance with the law, as well as the period for exercising their rights.
Article 25 The parties concerned have the right to make statements and defenses. The Tobacco Monopoly Bureau must fully listen to the opinions of the parties and shall review the facts, reasons and evidence put forward by the parties; if the facts, reasons or evidence put forward by the parties are conclusive, the Tobacco Monopoly Bureau shall adopt them.
The Tobacco Monopoly Bureau shall not impose a heavier penalty because of the party's statements or defenses.
Article 26 Evidence includes: (1) documentary evidence;(2) physical evidence;(3) audio-visual materials;(4) electronic data;(5) witness testimony;(6) statements by the parties;(7) expert opinions;(8) Investigation records and on-site records.
Evidence must be verified and true before it can be used as the basis for determining the facts of the case. Evidence obtained by illegal means shall not be used as the basis for determining the facts of the case.# p#pagination title #e#
Article 27 The Tobacco Monopoly Bureau shall record the entire process of the initiation, investigation and evidence collection, review, decision, delivery, execution, etc. of administrative penalties in written, audio-visual, etc. in accordance with the law, and file and preserve them.
Article 28 Administrative penalty decisions with certain social impact shall be made public in accordance with the law.
If the public administrative penalty decision is changed, revoked, confirmed to be illegal or confirmed to be invalid in accordance with the law, the Tobacco Monopoly Bureau that made the administrative penalty decision shall withdraw the information on the administrative penalty decision within 3 days and publicly explain the reasons.
Article 29 The Tobacco Monopoly Bureau and its staff shall keep confidential state secrets, trade secrets or personal privacy that they come to know during the process of imposing administrative penalties in accordance with the law.
Chapter 4 Summary Procedure
Article 30 If the facts of the violation are conclusive and have legal basis, and an administrative penalty of less than 200 yuan is imposed on citizens and a fine of less than 3000 yuan or a warning is imposed on legal persons or other organizations, law enforcement officials may make an administrative penalty decision on the spot.
Article 31 If a law enforcement officer makes an administrative penalty decision on the spot in accordance with the law, he shall take the initiative to present his law enforcement certificate to the party concerned, fill in a predetermined format and uniformly numbered tobacco monopoly administrative penalty decision, and hand it over to the party concerned for signature on the spot. If the party concerned refuses to sign for it, the law enforcement officer shall indicate the circumstances in the administrative penalty decision.
The decision on administrative penalties for tobacco monopoly stipulated in the preceding paragraph shall state the basic circumstances and illegal acts of the parties, the type and basis of the administrative penalty, the amount of the fine, the payment method and time limit, time and place, the channels and time limit for applying for administrative review and bringing administrative litigation, and the name of the Tobacco Monopoly Bureau, etc., and shall be signed by law enforcement officials.
If a law enforcement officer makes an administrative penalty decision on the spot, he shall report it to the Tobacco Monopoly Bureau for the record within 2 days. After receiving the filing materials, the Tobacco Monopoly Bureau shall promptly review them and file them in accordance with regulations. If mistakes are discovered, they should be corrected in a timely manner.
Chapter 5 Ordinary Procedures
Section 1 Formulation of a bill
Article 32 In addition to the administrative penalties that can be imposed on the spot as stipulated in Article 30 of these Provisions, if the Tobacco Monopoly Bureau discovers that a citizen, legal person or other organization has committed an act that should be imposed on administrative penalties according to law, it must conduct a comprehensive, objective and impartial investigation and collect relevant evidence; if necessary, it may conduct inspections in accordance with the provisions of laws and regulations.
If the standards for filing are met, the Tobacco Monopoly Bureau shall promptly file a case.
Article 33 The Tobacco Monopoly Bureau shall, within 7 days from the date of discovering illegal clues or receiving reports, transfers from other agencies, or materials assigned by higher authorities, verify them and decide whether to file a case; if the case is serious and complex, it shall be approved by the person in charge of the Tobacco Monopoly Bureau and notified to the parties in writing.
Article 34  The Tobacco Monopoly Bureau shall file a case for investigation and punishment under any of the following circumstances: (1) After preliminary investigation, certain illegal facts are grasped and administrative penalties should be imposed in accordance with the law;(2) Based on the illegal facts and evidence provided by the informant, a case for investigation and punishment should be filed in accordance with the law;(3) If clues about the illegal activities of the parties are grasped and there are suspected illegal activities that require continued investigation;(4) Cases designated by the Tobacco Monopoly Bureau at a higher level;(5) Other circumstances that should be filed for investigation and punishment in accordance with the law.
Article 35 If a case is filed, the organizer shall fill in the case filing report form and attach relevant materials for the case, and report it to the person in charge of the Tobacco Monopoly Bureau for review and approval. The date of approval by the person in charge of the Tobacco Monopoly Bureau is the date of filing the case.
For ongoing illegal activities, the Tobacco Monopoly Bureau with jurisdiction shall immediately investigate and deal with them, and complete the filing procedures in accordance with the law within 7 days after the investigation and punishment.
Article 36 Under any of the following circumstances, the Tobacco Monopoly Bureau shall not file a case; if a case has been filed, it shall be revoked:
(1) The illegal act exceeds the time limit for administrative penalty stipulated by law;(2) It does not fall under the jurisdiction of this authority;(3) The illegal facts are not established or the illegal act is minor and may not be subject to administrative penalty according to law;(4) Other circumstances where a case is not filed as stipulated by laws and administrative regulations.
If the case is not filed or the case is cancelled, a report form for not filing or canceling the case shall be filled out and reported to the person in charge of the Tobacco Monopoly Bureau for approval. For cases under the jurisdiction of other administrative agencies, the Tobacco Monopoly Bureau shall transfer them to other administrative agencies within 7 days.
Article 37 If the Tobacco Monopoly Bureau decides not to file a case reported or transferred by another authority, it shall notify the named informant or the transferred authority in writing.
The Tobacco Monopoly Bureau shall file cases where the case is not filed.
Section 2 Investigation and Evidence Collection
Article 38 When investigating or conducting inspections, law enforcement personnel shall take the initiative to present law enforcement certificates to the parties or relevant personnel. The party concerned or relevant personnel have the right to require law enforcement officers to present law enforcement certificates. If law enforcement officers do not produce law enforcement certificates, the party concerned or relevant personnel have the right to refuse to accept the investigation or inspection.# p#pagination title #e#
The party concerned or relevant personnel shall truthfully answer the inquiry and assist in the investigation or inspection, and shall not refuse or obstruct it. A record shall be made of the inquiry or inspection.
Article 39 If law enforcement officers need to review or copy contracts, invoices, account books, receipts, records, documents, business letters and other materials related to illegal activities from relevant units, they shall present an assistance letter issued by the Tobacco Monopoly Bureau at or above the county level.
Law enforcement officers shall collect and retrieve the original vouchers related to the case as evidence; if it is really difficult to retrieve the original evidence, they may copy, copy, extract, or take photos of the original evidence, and the original evidence holder will sign it or confirm the copy by other means., copies, excerpts, and photos are consistent with the original.
Article 40 When physical evidence is extracted, it shall be counted on the spot, and a list of items shall be issued and signed by law enforcement personnel and parties concerned or confirmed by other means. If the party refuses to confirm or is not present, more than 2 witnesses shall be present to confirm; if there are less than 2 witnesses or refuses to confirm, law enforcement officers shall indicate the situation on the list of items and sign it.
Article 41 Law enforcement personnel shall collect the original carrier of audio-visual materials. If it is difficult to collect the original carrier, you can collect copies and indicate the production method, production time, producer, etc. Audio-visual materials should be accompanied by written records of relevant words.
Article 42 Law enforcement personnel shall collect the original carrier of electronic data.
If it is difficult to collect the original carrier of electronic data, electronic data can be extracted. Law enforcement officers shall make a record when extracting electronic data, attach a list of electronic data, and submit it to the holder of the electronic data for signature or confirmation by other means.
If it is difficult to collect electronic data evidence in accordance with the provisions of the preceding two paragraphs, the relevant evidence may be fixed by printing, taking photos or video recording, accompanied by a description of the situation, and submitted to the holder of the electronic data for signature or confirmation in other ways.
If the holder refuses to confirm or is not present, more than 2 witnesses shall be present to confirm; if there are less than 2 witnesses or refuses to confirm, the law enforcement officer shall indicate the situation and sign it.
Article 43 Law enforcement officers shall interrogate parties and witnesses separately, explain to them their rights in accordance with the law and their legal responsibilities for providing false testimony or concealing evidence, and make a record of the interrogation.
The transcript of the inquiry shall be submitted to the person questioned for verification; if the person questioned has difficulty reading it, it shall be read out to him. After verification that there is no error, the person questioned will sign the transcript page by page or confirm it by other means. If there are errors or omissions in the transcript, the person questioned shall be allowed to correct or supplement, and the altered part shall be signed by the person questioned or confirmed by other means; if the person questioned refuses to confirm, the law enforcement officer shall indicate the circumstances on the transcript and sign it.
Article 44 If it is necessary to identify special matters such as the authenticity of tobacco monopoly products, the Tobacco Monopoly Bureau shall entrust the market supervision and administration department of the State Council or the tobacco quality testing institution designated by the market supervision and administration department of the people's government of the province, autonomous region, or municipality directly under the Central Government to implement the identification, and issue an authorization letter stating the entrusted identification matters and related materials.
Article 45 When inspecting a scene where a suspected illegal act occurred, law enforcement officers shall make an on-site record and submit it to the parties for signature or confirmation by other means. If the party refuses to confirm or is not present, more than 2 witnesses shall be present to confirm; if there are less than 2 witnesses or refuses to confirm, the law enforcement officer shall indicate the circumstances and sign the on-site record. Persons participating in the investigation shall not serve as witnesses.
Article 46 If evidence may be lost or difficult to obtain in the future, with the approval of the person in charge of the Tobacco Monopoly Bureau, evidence related to suspected illegal acts may be registered and preserved in advance in accordance with the law.
If the Tobacco Monopoly Bureau first registers and retains evidence, it shall issue a notice of advance registration and preservation, which shall be signed by law enforcement personnel and the party concerned or confirmed by other means, and then submitted to the party concerned and the Tobacco Monopoly Bureau respectively. If the parties refuse to confirm or are not present, more than 2 witnesses shall be present to confirm; if there are less than 2 witnesses or refuse to confirm, the law enforcement officer shall indicate the circumstances and sign the notice of advance registration and preservation.
During the pre-registration and preservation period, no one may destroy or transfer the evidence of pre-registration and preservation.
Article 47 For evidence registered and preserved in advance in accordance with the law, the following measures shall be taken within 7 days according to the circumstances:
(1) Timely take evidence preservation measures such as copying, photography, and video recording;(2) If identification is needed, promptly send it to relevant institutions for identification and inform the parties of the time required;(3) If it should be transferred to other relevant departments for processing in accordance with the law, make a decision on the transfer and inform the parties in writing;(4) If the illegal facts are not established, or administrative penalty can be waived according to law, decide to cancel the advance registration and preservation measures and inform the parties.
Article 48 If law enforcement officers discover suspected illegal acts other than the reasons for filing the case during the investigation, they shall promptly report to the person in charge of the Tobacco Monopoly Bureau to decide whether to investigate the suspected illegal acts together.# p#pagination title #e#
Article 49 After the investigation is concluded, law enforcement officers shall submit a case handling approval form. The case handling approval form includes the basic situation of the parties, the facts and evidence after investigation and verification, qualitative opinions on the suspected illegal act, handling suggestions and its legal basis, etc.
Section 3 Review and Decision
Article 50 Before submitting the case handling approval form to the person in charge of the Tobacco Monopoly Bureau for review and decision, the monopoly law enforcement agency of the Tobacco Monopoly Bureau shall first provide the qualitative opinions, handling suggestions and legal opinions of the Bureau's legal work agency or full-time legal staff on the suspected illegal act. Conduct legal review and sign opinions based on the law. No decision shall be made without legal review or failure to pass the review.
Personnel in the Tobacco Monopoly Bureau who are engaged in legal review of administrative penalty decisions for the first time should pass the national unified legal professional qualification examination to obtain legal professional qualifications.
Article 51 The person in charge of the Tobacco Monopoly Bureau shall conduct a comprehensive review of the case handling approval form and legal review opinions, and make decisions on whether to impose administrative penalties in accordance with the law. For cases to be transferred to judicial organs, the person in charge of the Tobacco Monopoly Bureau shall make a decision to approve or disapprove the transfer within 3 days.
Article 52 The person in charge of the Tobacco Monopoly Bureau shall make the following decisions according to the different circumstances of the case:
(1) If there is an illegal act that should be subject to administrative penalty, an administrative penalty decision shall be made based on the seriousness of the case and specific circumstances;(2) If the illegal act is minor and administrative penalty may not be waived according to law, no administrative penalty shall be imposed;(3) If the illegal facts cannot be established, no administrative penalty shall be imposed;(4) If the illegal act is suspected of committing a crime, it shall be transferred to a judicial organ in accordance with the law.
If administrative penalties are imposed on complex circumstances or major illegal acts, the person in charge of the Tobacco Monopoly Bureau shall discuss and decide collectively.
Article 53 When imposing administrative penalties, the Tobacco Monopoly Bureau shall make a written decision on administrative penalties. The administrative penalty decision shall state the following matters:
(1) The name or name, address and other basic information of the party;(2) the facts and evidence of violations of laws, regulations and rules;(3) the type and basis of the administrative penalty;(4) the method and time limit for the performance of the administrative penalty;(5) The channels and time limit for applying for administrative review and initiating administrative litigation;(6) The name and date of the Tobacco Monopoly Bureau that made the administrative penalty decision.
The administrative penalty decision shall be stamped with the seal of the Tobacco Monopoly Bureau that made the administrative penalty decision.
Article 54 The Tobacco Monopoly Bureau shall make an administrative penalty decision within 90 days from the date of filing an administrative penalty case. If it cannot be made within 90 days, it may be extended for 30 days with the approval of the person in charge of this Tobacco Monopoly Bureau. If the case is serious, complex or there are other special circumstances and a decision cannot be made after the extension, the Tobacco Monopoly Bureau at the next higher level shall decide whether to continue the extension. If it decides to continue the extension, a reasonable period for the extension shall be determined at the same time. If the decision is made to extend the extension, the party concerned shall be notified in writing of the extension period and reasons.
During the handling of a case, the time for hearings, appraisals, announcements, etc. shall not be counted into the time limit specified in the preceding paragraph.
If a decision is made to investigate together in accordance with Article 48 of these Provisions, the time limit for making the administrative penalty decision may be recalculated with the approval of the person in charge of this Tobacco Monopoly Bureau.
Article 55 The decision on administrative penalty for tobacco monopoly shall be delivered to the party concerned on the spot after the announcement; if the party concerned is not present, the Tobacco Monopoly Bureau shall serve the decision on administrative penalty to the party concerned in accordance with the Civil Procedure Law of the People's Republic of China and these Provisions within 7 days:
(1) If it is served directly to the party concerned, the party concerned or his adult family member living with him shall indicate the date of receipt on the service certificate and sign, seal or confirm it in other ways. The date of receipt indicated by the party concerned or his adult family member living with him on the service certificate is the date of service;
(2) When delivering directly, if the person to whom the service is delivered or his adult family member who lives in the same house refuses to accept the service document, detention for service shall apply in accordance with the law;
(3) If it is difficult to deliver directly, the local Tobacco Monopoly Bureau may be entrusted to deliver it on its behalf, or deliver it by mail. If delivered by mail, the date of receipt indicated on the receipt shall be the date of delivery;
(4) If the whereabouts of the person to be served are unknown or the service cannot be served through other methods specified in this article, service may be made by public announcement. The Tobacco Monopoly Bureau shall make an announcement in a publicly distributed newspaper where it is located, or may also post the announcement on the original residence of the recipient or on the bulletin board of the Tobacco Monopoly Bureau. If the Tobacco Monopoly Bureau has a website open to the public, it can make an announcement on the website at the same time. If the announcement is made, it will be deemed to be delivered after 30 days from the date of issuance of the announcement. For public service, the reason and course shall be indicated in the case file.
If the party concerned agrees and signs a confirmation letter, the Tobacco Monopoly Bureau may use fax, email, etc. to serve the administrative penalty decision to the party concerned.
Article 56 Before making an administrative penalty decision, the Tobacco Monopoly Bureau and its law enforcement personnel shall not make an administrative penalty decision if they fail to inform the party concerned of the content of the proposed administrative penalty, the facts, reasons, and basis in accordance with the law, or refuse to listen to the party's statements and defenses; Unless the party concerned expressly waives the right to make a statement or defense.#  p #pagination title #e #
Chapter 6 Hearing Procedures
Article 57 If the Tobacco Monopoly Bureau plans to make the following administrative penalty decisions, it shall inform the parties of its right to request a hearing. If the parties request a hearing, the Tobacco Monopoly Bureau shall organize a hearing:
(1) A fine of more than 10,000 yuan;(2) Confiscation of a large amount of illegal income or illegal tobacco monopoly commodities;(3) Cancellation of qualifications and revocation of licenses to engage in tobacco monopoly business;(4) Ordering production and business suspension, and ordering closure;(5) Other serious administrative penalties;(6) Other circumstances stipulated by laws, regulations and rules.
Provincial Tobacco Monopoly Bureaus may adjust and determine the standards for the amount of hearings for fines, confiscation of illegal income or illegal tobacco monopoly products within their administrative regions based on local realities, and report to the State Tobacco Monopoly Administration for approval before implementation.
Article 58 The Tobacco Monopoly Bureau shall not impose a heavier penalty because the party concerned requests a hearing.
The parties concerned shall not bear the costs of organizing the hearing by the Tobacco Monopoly Bureau.
Article 59 If a party requests a hearing, it shall file an application within 5 days after the Tobacco Monopoly Bureau informs it of its rights.
The parties may apply for a hearing in writing or orally. If an oral application is made, the Tobacco Monopoly Bureau shall record the applicant's basic situation, the main reasons for applying for a hearing, and the application time on the spot, and have them signed or confirmed by other means.
Article 60 Hearings shall be held in public and the public shall be allowed to attend, except those involving state secrets, business secrets or personal privacy that are kept confidential in accordance with the law.
Article 61 If the Tobacco Monopoly Bureau decides to organize a hearing, it shall hold a hearing within 20 days from the date of receiving the application for a hearing, and notify the parties and relevant personnel in writing of the hearing time and place of the hearing 7 days before the hearing is held, and report to the higher-level Tobacco Monopoly Bureau.
Article 62 The parties may attend the hearing in person or entrust one or two persons to represent them.
Article 63 The presiding officer of the hearing shall be appointed by the Tobacco Monopoly Bureau. The presiding officer of the hearing shall meet the following conditions:
(1) Law enforcement personnel who are not investigating the case;(2) Persons who are not required to withdraw as stipulated in Article 23 of these Provisions.
If the host does not meet the conditions specified in the preceding paragraph, he shall take the initiative to withdraw. If the parties or their agents believe that the presiding officer has a direct interest in the case, they have the right to apply for his withdrawal.
Article 64 If the parties and their agents refuse to attend the hearing without justifiable reasons or withdraw from the hearing without permission, they shall be deemed to have waived the right to hear, and the Tobacco Monopoly Bureau shall terminate the hearing.
Article 65 The hearing shall be conducted in accordance with the following procedures:
(1) The presiding officer checks the identities of the parties present or their agents and other persons participating in the hearing, explains the cause of the case, informs the parties or their agents of their rights and obligations, declares the hearing discipline, asks the parties or their agents whether they apply for the recusal of the presiding officer, and declares the hearing to begin;(2) Law enforcement personnel shall point out the fact that the parties violated the law, present relevant evidence, and put forward suggestions and basis for punishment;(3) The parties or their agents shall make statements and defenses;(4) If there is a third person, the third person or his agent shall make the statement and defense;(5) The law enforcement officer and the party concerned or their agent shall debate and cross-examine each other;(6) The party concerned or their agent shall make the final statement and defense;(7) If there is a third person, the third person or their agent shall make the final statement;(8) The law enforcement officer shall make the final statement;(9) The presiding officer shall declare the end of the hearing.
A transcript of the hearing shall be made and signed by the presiding officer and recorder. The hearing record shall be submitted to the parties or their representatives to check it out and sign it or confirm it in other ways; if the parties or their representatives refuse to confirm it, the presiding officer shall indicate the circumstances and sign it.
Article 66 After the hearing is over, the Tobacco Monopoly Bureau shall make a decision based on the hearing record and in accordance with the provisions of Article 52 of these Provisions.
Chapter 7 Enforcement of Administrative Punishments
Article 67 After an administrative penalty decision is made, the parties concerned shall fully perform it within the time limit specified in the administrative penalty decision.
If the fine is not paid within the time limit, the Tobacco Monopoly Bureau may impose an additional fine of 3% of the amount of the fine every day, and the amount of the additional fine shall not exceed the amount of the fine.
If the party concerned has financial difficulties and needs to postpone or pay the fine in installments, the payment may be postponed or paid in installments upon application by the party concerned and approval by the Tobacco Monopoly Bureau.
Article 68 If the qualification of a citizen, legal person or other organization to engage in tobacco monopoly business is cancelled in accordance with the law, the original issuing authority shall promptly withdraw the tobacco monopoly license and go through the cancellation procedures for the tobacco monopoly license in accordance with the law; if it cannot be recovered due to objective reasons, the original issuing authority shall indicate the circumstances, cancel the tobacco monopoly license in accordance with the law and announce it to the public.
Article 69 If a party is not satisfied with the administrative penalty decision made by the Tobacco Monopoly Bureau, it may apply for reconsideration to the Tobacco Monopoly Bureau at the next higher level within 60 days from the date of receiving the administrative penalty decision; the party may also directly file an administrative lawsuit with the People's Court within 15 days from the date of receiving the administrative penalty decision.# p#pagination title #e#
During administrative review or administrative litigation, unless otherwise provided by law, the execution of the decision on administrative penalty for tobacco monopoly will not be suspended.
If a party applies for administrative review or initiates an administrative lawsuit, the amount of the additional fine will not be calculated during the administrative review or administrative lawsuit.
Article 70 If the party concerned neither applies for administrative review, files an administrative lawsuit with the people's court, or implements the administrative penalty decision within the time limit, the Tobacco Monopoly Bureau that made the administrative penalty decision may apply to the people's court for compulsory execution in accordance with the provisions of the Administrative Enforcement Law of the People's Republic of China.
Article 71 If the party concerned neither brings an administrative lawsuit against the administrative review decision of the reconsideration authority to maintain the administrative penalty within the time limit, nor implements the administrative review decision, the Tobacco Monopoly Bureau that originally issued the administrative penalty shall apply to the People's Court for compulsory execution in accordance with the provisions of the Administrative Enforcement Law of the People's Republic of China.
Article 72 If the party concerned neither brings an administrative lawsuit against the administrative review decision of the reconsideration authority to change the administrative penalty within the time limit, nor implements the administrative review decision, the reconsideration authority shall apply to the people's court for compulsory execution in accordance with the provisions of the Administrative Enforcement Law of the People's Republic of China.
Article 73 If the party concerned cannot be found within 60 days from the date when the Tobacco Monopoly Bureau takes measures such as posting notices or issuing announcements for tobacco monopoly commodities seized in accordance with the law, with the approval of the person in charge of the Tobacco Monopoly Bureau, disposal measures such as sale may be taken, and the proceeds from the sale will be turned over to the State Treasury.
Article 74 Tobacco products that are mouldy and spoiled found in accordance with the law shall not be listed for circulation. If the Tobacco Monopoly Bureau takes disposal measures such as destruction, it shall comply with relevant state regulations and be approved by the Tobacco Monopoly Bureau at the next higher level.
Article 75 Except for fines collected on the spot in accordance with the provisions of Articles 68 and 69 of the Administrative Punishment Law of the People's Republic of China, the Tobacco Monopoly Bureau and its law enforcement personnel that make the administrative penalty decision shall not collect fines on their own.
Fines, sales proceeds, and confiscated illegal gains shall be turned over to the state treasury, and no unit or individual may intercept, divide or divide them in disguised form.
Chapter 8 Law Enforcement Supervision
Article 76 The legal work agency or full-time legal staff of a higher-level tobacco monopoly bureau shall regularly conduct file review of administrative penalty cases handled by a lower-level tobacco monopoly bureau. Problems found during the evaluation should be pointed out in a timely manner.
Article 77 The higher-level tobacco monopoly bureau has the right to re-review the administrative decisions made by the lower-level tobacco monopoly bureau in accordance with these Provisions.
If a higher-level tobacco monopoly bureau discovers that the administrative handling decision of the lower-level tobacco monopoly bureau is indeed wrong, it has the power to change or revoke the decision, or order the lower-level tobacco monopoly bureau to make a new handling decision.
Article 78 Regarding the corrective decision made by the tobacco monopoly bureau at a higher level, the tobacco monopoly bureau at a lower level shall comply with and report the implementation status in a timely manner.
Article 79 The legal work agency or full-time legal staff of the Tobacco Monopoly Bureau may supervise the legality of the Bureau's monopoly law enforcement agencies handling administrative penalty cases.
Article 80 The Tobacco Monopoly Bureau shall establish and improve a supervision system for administrative penalties. The legal work agencies of higher-level tobacco monopoly bureaus shall regularly organize and conduct administrative law enforcement reviews and assessments of lower-level tobacco monopoly bureaus, strengthen supervision and inspection of administrative penalties, and standardize and guarantee the implementation of administrative penalties.
The Tobacco Monopoly Bureau shall accept social supervision when imposing administrative penalties. Citizens, legal persons or other organizations have the right to appeal or report the imposition of administrative penalties by the Tobacco Monopoly Bureau; the Tobacco Monopoly Bureau shall carefully review and take the initiative to correct any mistakes found.
Chapter 9 Legal Liability
Article 81 If the Tobacco Monopoly Bureau imposes administrative penalties, if one of the following circumstances occurs, the tobacco monopoly bureau at a higher level shall order it to make corrections, and impose sanctions on the directly responsible person in charge and other directly responsible persons in accordance with the law:
(1) There is no statutory basis for administrative penalty;(2) unauthorized change of the type and extent of administrative penalty;(3) Violation of statutory administrative penalty procedures;(4) Illegal entrustment of other units or individuals to impose administrative penalties;(5) Law enforcement personnel have not obtained law enforcement certificates.
If the Tobacco Monopoly Bureau does not promptly file a case that meets the filing criteria, it will handle it in accordance with the provisions of the preceding paragraph.
Article 82 If a Tobacco Monopoly Bureau collects fines on its own in violation of these Provisions, the Tobacco Monopoly Bureau at a higher level shall order it to make corrections, and impose sanctions on the directly responsible person in charge and other directly responsible persons in accordance with the law.
Article 83 If the Tobacco Monopoly Bureau withholds, divides or secretly divides fines, sales proceeds, confiscated illegal proceeds or tobacco monopoly commodities, it shall be recovered by the financial department or relevant authorities, and the directly responsible person in charge and other directly responsible persons shall be punished in accordance with the law; if the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated in accordance with the law.# p#pagination title #e#
If law enforcement officers take advantage of their positions to solicit or accept property from others or take the collected fines for themselves, if the circumstances constitute a crime, they shall be investigated for criminal responsibility in accordance with the law; if the circumstances are minor and do not constitute a crime, they shall be punished in accordance with the law.
Article 84 If the Tobacco Monopoly Bureau illegally implements inspection and other law enforcement measures, causing damage to citizens 'personal or property, or losses to legal persons or other organizations, it shall compensate in accordance with the law; the directly responsible person in charge and other directly responsible persons shall be punished in accordance with the law; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated in accordance with the law.
Article 85 If the Tobacco Monopoly Bureau does not transfer cases that should be transferred to judicial organs for investigation of criminal liability in accordance with the law, and replaces criminal penalties with administrative penalties, the tobacco monopoly bureau at a higher level shall order them to make corrections, and the person in charge directly responsible and other persons directly responsible shall be punished in accordance with the law; If the circumstances are serious enough to constitute a crime, criminal liability shall be investigated in accordance with the law.
Article 86 If the Tobacco Monopoly Bureau does not stop or punish illegal acts that should be stopped and punished, causing damage to the legitimate rights and interests, public interests and social order of citizens, legal persons or other organizations, it shall impose sanctions on the directly responsible person in charge and other directly responsible persons in accordance with the law; if the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated in accordance with the law.
Chapter 10 Supplementary Provisions
Article 87 These Provisions shall apply to foreigners, stateless persons, or foreign organizations who commit illegal acts within the territory of the People's Republic of China that violate the order of tobacco monopoly management and should be imposed administrative penalties.
Article 88 The provisions of "2 days","3 days","5 days" and "7 days" in these Provisions refer to working days and do not include legal holidays.
The start date of the period in these Provisions shall not be counted. The period does not include in-transit time. If the last day after the expiration of the period is a legal holiday, the first day after the legal holiday shall be the date when the period expires.
Article 89 The terms "above","below","inside" and "before" in these Provisions all include the number or level.
Article 90 The Tobacco Monopoly Bureau shall establish and improve the file management system for administrative penalty cases, and promptly produce, collect, sort out and properly preserve relevant materials involved in the case in accordance with the law. Corresponding procedures shall be followed for the transfer, borrowing and transfer of materials involved in the case in accordance with the requirements of archives management.
Article 91 These Provisions shall apply when the Tobacco Monopoly Bureau imposes administrative penalties on illegal acts involving new tobacco products such as e-cigarettes.
Article 92 These Provisions shall be interpreted by the Ministry of Industry and Information Technology and the State Tobacco Monopoly Administration.
Article 93 These Provisions will come into effect on July 20, 2023. The "Regulations on Administrative Punishment Procedures for Tobacco Monopoly" promulgated on January 21, 2010 (Order No. 12 of the Ministry of Industry and Information Technology) shall be repealed at the same time.