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picture1_Monopoly Pdf 122700 | China   Miit Licensing Regs (decree N 37)


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File: Monopoly Pdf 122700 | China Miit Licensing Regs (decree N 37)
unofficial translation excerpts tobacco monopoly licensing management regulations released as no 37 order of the ministry of industry and information technology on may 26 2016 effective from july 20 2016 ...

icon picture PDF Filetype PDF | Posted on 09 Oct 2022 | 3 years ago
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          Unofficial Translation (excerpts) 
          Tobacco Monopoly Licensing Management Regulations 
          (Released as No. 37 order of the Ministry of Industry and Information 
          Technology on May 26, 2016, effective from July 20, 2016) 
           
          Chapter 1 General provisions 
               Article 1 To standardize management of tobacco monopoly licensing, and 
          protect the lawful rights and interests of citizens, legal persons and other 
          organizations, the Regulations are drawn up, under the provisions of the 
          Tobacco Monopoly Law of the People's Republic of China, Administrative 
          Licensing Law of the People's Republic of China, Regulations for the 
          Implementation of the Tobacco Monopoly Law of the People's Republic of 
          China, and other laws and regulations. 
               Article 2 The Regulations apply to management of tobacco monopoly 
          licensing in the territory of the People's Republic of China. 
               Article 3 The tobacco monopoly administration should review, approve and 
          issue tobacco monopoly licenses according to authority, scope, conditions and 
          procedures described by law, and apply effective supervision and 
          management. 
               Article 4 Citizens, legal persons and other organizations are entitled to 
          rights to standing and defense, and to rights to apply for administrative review 
          or initiate administrative proceeding, regarding the tobacco monopoly license 
          issued by the tobacco monopoly administration. When their lawful rights and 
          interests are harmed due to the tobacco monopoly administration illegally 
          issuing tobacco monopoly licenses, they are entitled to seeking compensation 
          according to law.   
               Article 5 The tobacco monopoly licenses obtained by citizens, legal persons 
          or other organizations are protected by law.   
               When the laws, regulations and rules that govern tobacco monopoly 
          licensing are amended or abolished, or the objective conditions that qualified 
          for obtaining tobacco monopoly licenses change materially, to protect public 
          interests, the tobacco monopoly administration may alter or withdraw already 
          effective tobacco monopoly licenses according to law.  
               Article 6 Tobacco monopoly licenses referred to in the Regulations include 
          licenses of tobacco monopoly manufacturers, tobacco monopoly wholesalers 
          and retailers. 
               Article 7 The tobacco monopoly administration reviews, approves, issues 
          and manages tobacco monopoly licenses according to law. 
           
          Unofficial Translation (excerpts) 
            . . . 
           
          Chapter 3 Approval and issuance 
           
               . . . 
           
               Article 25 Tobacco monopoly retail license is not to be issued in any of the 
          following cases: 
               1. The business place is not suitable for selling cigarettes due to safety 
          concerns; 
               2. Around primary and secondary schools; 
               3. Less than three years since eligibility to engage in tobacco monopoly 
          operations was removed; 
               4. The applicant re-submits application within one year since the applicant 
          obscured information or provided false materials and the tobacco monopoly 
          administration decided not to review or issue license; 
               5. The applicant re-submits application within three years since the 
          applicant's tobacco monopoly license was withdrawn due to using improper 
          means to obtain it, such as fraud or bribe; 
               6. The applicant applies to obtain tobacco monopoly retail license within 
          three years of engaging in tobacco monopoly products without obtaining 
          tobacco monopoly retail license and was penalized twice by enforcement 
          agency in a year; 
               7. Other situations of not issuing license as stipulated by the National 
          Tobacco Monopoly Administration. 
           
          . . . 
           
          Chapter 5 Supervision and administration 
           
          . . .   
           
               Article 40 No citizen, legal person or other organization may use vending 
          machine to sell tobacco products. 
          Unofficial Translation (excerpts) 
               Except companies that have obtained licenses for tobacco monopoly 
          manufacturer or tobacco monopoly wholesaler, no other citizen, legal person 
          or organization shall engage in selling tobacco monopoly products through 
          information network. 
              
          . . . 
           
          Chapter 6 Legal liabilities 
           
          . . . 
           
               Article 57 If a citizen, legal person or organization violates provision of the 
          Regulations and does not promptly handle alteration or cancellation of tobacco 
          monopoly license, the tobacco monopoly administration shall demand 
          rectification; if it refuses to rectify, the tobacco monopoly administration shall 
          charge a fine of no more than RMB1,000. 
           
          . . . 
           
          Chapter 7 Supplementary provisions 
           
          . . . 
           
               Article 65 The Regulations shall be interpreted by the National Tobacco 
          Monopoly Administration. 
               Article 66 The Regulations shall take effect from July 20, 2016. If relevant 
          provisions promulgated before effective date of the Regulations contradict with 
          the Regulations, the Regulations shall prevail. 
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...Unofficial translation excerpts tobacco monopoly licensing management regulations released as no order of the ministry industry and information technology on may effective from july chapter general provisions article to standardize protect lawful rights interests citizens legal persons other organizations are drawn up under law people s republic china administrative for implementation laws apply in territory administration should review approve issue licenses according authority scope conditions procedures described by supervision entitled standing defense or initiate proceeding regarding license issued when their harmed due illegally issuing they seeking compensation obtained protected rules that govern amended abolished objective qualified obtaining change materially public alter withdraw already referred include manufacturers wholesalers retailers reviews approves issues manages approval issuance retail is not be any following cases business place suitable selling cigarettes safety ...

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