Law of the People's Republic of China on Tobacco Monopoly (Revised in 2015)
Law of the People's Republic of China on Tobacco Monopoly (Revised in 2015)
Law of the People's Republic of China on Tobacco Monopoly (Revised in 2015)
Order of President of the People's Republic of China No. 26
April 24, 2015
(Adopted at the 20th Meeting of the Standing Committee of the 7th National People's Congress on June 29, 1991 and issued under the Order of President of the People's Republic of China No. 46 on June 29, 1991 with effect from January 1, 1992; amended for the first time according to the Decision on Amending Certain Laws passed at the 10th Meeting of the Standing Committee of the 11th National People's Congress on August 27, 2009; amended for the second time according to the Decision on Amending Seven Laws including the Law of the People's Republic of China on the Protection of the Marine Environment passed at the 6th Meeting of the Standing Committee of the 12th National People's Congress on December 28, 2013; and amended for the third time according to the Decision on Revising Five Laws including the Metrology Law of the People's Republic of China passed at the 14th Meeting of the Standing Committee of the 12th National People's Congress on April 24, 2015 and issued under the Order of President of the People's Republic of China No. 26 with effect from the date of issue)
Table of Contents
Chapter I General Provisions
Chapter II Plantation, Purchase and Allocation of Leaf Tobacco
Chapter III Production of Tobacco Products
Chapter IV Sale and Transportation of Tobacco Products
Chapter V Production and Sale of Cigarette Paper, Filter Rod, Cigarette Tow and Cigarette Manufacturing Equipment
Chapter VI Import and Export Trade and Foreign Economic and Technological Co-operation
Chapter VII Legal Liability
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted with a view to exercising tobacco monopoly administration, organizing the production and management of tobacco monopoly commodities in a planned way, improving the quality of tobacco products, safeguarding consumers' interests and ensuring the national revenue.
Article 2 As used in this Law, "tobacco monopoly commodities" refer to cigarettes, cigars, cut tobacco, redried leaf tobacco, leaf tobacco, cigarette paper, filter rods, cigarette tow and cigarette manufacturing equipment.
Cigarettes, cigars, cut tobacco and redried leaf tobacco are generally referred to as tobacco products.
Article 3 The State shall according to law exercise monopoly administration over the production, sale, import and export of tobacco monopoly commodities, and practise a tobacco monopoly license system.
Article 4 The department of tobacco monopoly administration under the State Council shall be responsible for the nation-wide tobacco monopoly. The departments of tobacco monopoly administration in the provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the tobacco monopoly within the areas under their respective jurisdiction, and shall be under the dual leadership of the department of tobacco monopoly administration under the State Council and the people's governments of the relevant provinces, autonomous regions and municipalities directly under the Central Government, with the leadership of the department of tobacco monopoly administration under the State Council as the main leading authority.
Article 5 The State shall strengthen the scientific research and technical development of tobacco monopoly commodities, so as to improve the quality of tobacco products and reduce the content of tar and other hazardous ingredients in such products. The State and society shall intensify the publicity of and education in the fact that smoking is hazardous to health, forbid or restrict smoking on public traffic vehicles and in public places, dissuade teen-agers and youngsters from smoking, and forbid primary school pupils and middle school students from smoking.
Article 6 The State shall exercise administration of tobacco monopoly in national autonomous areas, and shall, according to the relevant provisions of this Law and the Law on Regional National Autonomy, take the interests of national autonomous areas into account and give preferential treatment to the plantation of leaf tobacco and the production of tobacco products in such areas.
Chapter II Plantation, Purchase and Allocation of Leaf Tobacco
Article 7 For the purpose of this Law, the term "leaf tobacco" means flue-cured tobacco and selected air-and sun-cured tobacco needed for the production of tobacco products. The catalogue of selected air-and sun-cured tobacco items shall be determined by the department of tobacco monopoly administration under the State Council.
Other air-and sun-cured tobacco items which are not included in the above-mentioned catalogue may be sold at rural or urban trade markets.
Article 8 In growing tobacco, good varieties of tobacco shall be cultivated and popularized in line with the local conditions.
......
Order of President of the People's Republic of China No. 26
April 24, 2015
(Adopted at the 20th Meeting of the Standing Committee of the 7th National People's Congress on June 29, 1991 and issued under the Order of President of the People's Republic of China No. 46 on June 29, 1991 with effect from January 1, 1992; amended for the first time according to the Decision on Amending Certain Laws passed at the 10th Meeting of the Standing Committee of the 11th National People's Congress on August 27, 2009; amended for the second time according to the Decision on Amending Seven Laws including the Law of the People's Republic of China on the Protection of the Marine Environment passed at the 6th Meeting of the Standing Committee of the 12th National People's Congress on December 28, 2013; and amended for the third time according to the Decision on Revising Five Laws including the Metrology Law of the People's Republic of China passed at the 14th Meeting of the Standing Committee of the 12th National People's Congress on April 24, 2015 and issued under the Order of President of the People's Republic of China No. 26 with effect from the date of issue)
Table of Contents
Chapter I General Provisions
Chapter II Plantation, Purchase and Allocation of Leaf Tobacco
Chapter III Production of Tobacco Products
Chapter IV Sale and Transportation of Tobacco Products
Chapter V Production and Sale of Cigarette Paper, Filter Rod, Cigarette Tow and Cigarette Manufacturing Equipment
Chapter VI Import and Export Trade and Foreign Economic and Technological Co-operation
Chapter VII Legal Liability
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted with a view to exercising tobacco monopoly administration, organizing the production and management of tobacco monopoly commodities in a planned way, improving the quality of tobacco products, safeguarding consumers' interests and ensuring the national revenue.
Article 2 As used in this Law, "tobacco monopoly commodities" refer to cigarettes, cigars, cut tobacco, redried leaf tobacco, leaf tobacco, cigarette paper, filter rods, cigarette tow and cigarette manufacturing equipment.
Cigarettes, cigars, cut tobacco and redried leaf tobacco are generally referred to as tobacco products.
Article 3 The State shall according to law exercise monopoly administration over the production, sale, import and export of tobacco monopoly commodities, and practise a tobacco monopoly license system.
Article 4 The department of tobacco monopoly administration under the State Council shall be responsible for the nation-wide tobacco monopoly. The departments of tobacco monopoly administration in the provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the tobacco monopoly within the areas under their respective jurisdiction, and shall be under the dual leadership of the department of tobacco monopoly administration under the State Council and the people's governments of the relevant provinces, autonomous regions and municipalities directly under the Central Government, with the leadership of the department of tobacco monopoly administration under the State Council as the main leading authority.
Article 5 The State shall strengthen the scientific research and technical development of tobacco monopoly commodities, so as to improve the quality of tobacco products and reduce the content of tar and other hazardous ingredients in such products. The State and society shall intensify the publicity of and education in the fact that smoking is hazardous to health, forbid or restrict smoking on public traffic vehicles and in public places, dissuade teen-agers and youngsters from smoking, and forbid primary school pupils and middle school students from smoking.
Article 6 The State shall exercise administration of tobacco monopoly in national autonomous areas, and shall, according to the relevant provisions of this Law and the Law on Regional National Autonomy, take the interests of national autonomous areas into account and give preferential treatment to the plantation of leaf tobacco and the production of tobacco products in such areas.
Chapter II Plantation, Purchase and Allocation of Leaf Tobacco
Article 7 For the purpose of this Law, the term "leaf tobacco" means flue-cured tobacco and selected air-and sun-cured tobacco needed for the production of tobacco products. The catalogue of selected air-and sun-cured tobacco items shall be determined by the department of tobacco monopoly administration under the State Council.
Other air-and sun-cured tobacco items which are not included in the above-mentioned catalogue may be sold at rural or urban trade markets.
Article 8 In growing tobacco, good varieties of tobacco shall be cultivated and popularized in line with the local conditions.
......