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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II TOBACOO CULTIVATION, ACQUISTIONS, DISTRIBUTION AND ALLOCATION CHAPTER III CIGARETTE, CIGARS AND TOBACCO PRODUCTION, ALLOCATION AND DISTRIBUTION CHATPER V CIGARETTE PAPER PLATE, FILTERS AND TOBACCO MACHINERY OF PRODUCTION AND DISTRIBUTION CHAPTER VI IMPORT AND EXPORT TRADE, AND FOREIGN ECONOMIC AND TECHNOLOGICAL COOPERATION CHPATER VII TOBACCO MONOPOLY LICENCE APPLICATION AND ISSUE CHAPTER VIII REWARDS AND PUNISHMENT CHAPTER IX SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. These Rules are formulated in accordance with the stipulations of Article 24 of the "Regulations on Monopoly Sales of Tobacco" (hereinafter referred to as the Regulations on Monopoly Sales). Article 2. Functions of Tobacco monopoly bureau at various levels: (1) Function of the State Tobacco Monopoly Bureau is as follows: 1. Leading and administering the local Tobacco Monopoly Bureaux at variant levels, exercising comprehensively the power of administering tobacco monopoly all over the country; 2. Formulating regulations and rules relating to tobacco monopoly, and organizing their implementation pursuant to the relevant guiding principle and policy of the State, the "Regulations on Monopoly Sales" and the "Rules for the Implementation of the Regulations on Monopoly Sales of Tobacco" (hereinafter referred to as the "Rules for the Implementation"); 3. Undertaking the work concerning tobacco monopoly assigned by the State Council and the relevant departments under the State Council. (2) Functions of Tobacco monopoly bureaux at provincial (including provinces, autonomous regions and municipalities under the State Council), and county (including municipalities under the provinces, counties or cities, autonomous counties and banners, the same below) levels: 1. Exercising the power of administering local tobacco monopoly under the leadership of the tobacco monopoly bureau at the next higher level and the local people's government; 2. Implementing the "Regulations on Monopoly Sales" and the "Rules for the Implementation" as well as the relevant tobacco monopoly policy, rules and regulations formulated by the State Tobacco Monopoly Bureau, whereas the tobacco monopoly bureaux at the provincial level may make necessary supplements in the light of the concrete situation of the province concerned, after approval of the higher authority. Article 3. China National Tobacco corporation (hereinafter referred to as National Tobacco Corporation) is a national, socialist enterprise owned by the whole people, i.e. an economic entity with legal person status. It bears responsibility for the unified control and overall management of production, supply and marketing, personnel, finance and materials and domestic and foreign trade of the tobacco trade. The National Tobacco Corporation leads and administers production and management of the enterprises through its subordinate tobacco corporations of various provinces, autonomous regions and municipalities under the State Council. The National Tobacco Corporation leads and administers directly all China's tobacco scientific research and education-institutions. Article 4. The scope of tobacco monopoly sales includes two major categories, i.e. tobacco of monopoly sales and tobacco of monopoly sales administration: (1) The following products are tobacco of monopoly sales, their production supply and marketing, domestic and foreign trade as well as price, storage and transportation are all administered and operated in a unified way by the National Tobacco Corporation: 1. Cigarette; 2. Cigar; 3. Pipe tobacco: refers to tobacco leaves and cut tobacco made from materials of tobacco leaves for sales; 4. Flue-cured tobacco, refers to tobacco leaves baked, including preliminarily baked tobacco of tobacco leaves producers and re-baked tobacco through repeated baking; 5. Air-curing (sun-curing) tobacco: refers to famous brand and fine quality air-curing (sun-curing) tobacco used for producing cigarette and cigar and for export; (2) The following products are tobacco of monopoly sales administration, to be produced at designated factories selected by the National Tobacco Corporation jointly with the competent department, and the power is responsible for distribution: 1. Cigarette paper: refers to paper for producing machine-made cigarette and cigar; 2. Filter tip: refers to filter tip itself jointed with cigarette; 3. Special machines for tobacco: refers to pipe tobacco cutter, cigarette making machine, filter tip jointer, packing machine, vacuum chamber, tobacco leaf thresher, cut-tobacco dryer used specially for processing cigarette, cigar and pipe tobacco. CHAPTER II TOBACOO CULTIVATION, ACQUISTIONS, DISTRIBUTION AND ALLOCATION Article 5 to Article 9 (omitted) CHAPTER III CIGARETTE, CIGARS AND TOBACCO PRODUCTION, ALLOCATION AND DISTRIBUTION Article 10 to Article 14 (omitted) CHAPTER IV PRICE, TRADEMARKS AND TRANSPORT Article 15 to Article 22 (omitted) CHATPER V CIGARETTE PAPER PLATE, FILTERS AND TOBACCO MACHINERY OF PRODUCTION AND DISTRIBUTION Article 16 to Article 25 (omitted) CHAPTER VI IMPORT AND EXPORT TRADE, AND FOREIGN ECONOMIC AND TECHNOLOGICAL COOPERATION Article 26. The National Tobacco Corporation manages and administers in a unified way import and export trade of the tobacco trade of the whole country pursuant to the relevant guiding principle and policy, and is responsible for handling import trade business of tobacco leaf, cigarette, cigar, cigarette paper, filter tip (including bundle of filaments for manufacturing filter tips), aluminium foil paper,special machines for producing cigarettes (including spare parts and filtings) as well as production technology of tobacco trade, contacting registration and signing contracts and agreements with foreign parties, and organizing their implementation. Article 27. Consignment sales of cigar in foreign countries and Hongkong and Macao regions are managed by the National Tobacco Corporation in a unified way. Article 28. Cigarette and cigar manufactured in cooperation with foreign investment through various forms, unless that part to be exported by foreign investors as stipulated in the agreement, are to be dealt with according to Article 26 of these Rules. Article 29. The Tobacco Corporations and production enterprises shall guarantee to fulfill, according to the time, quality and quantity, the production plan of export products assigned by the National Tobacco Corporation in accordance with the contracts signed with foreign buyers. In case they can't fulfill the plan due to special reasons they shall report to the National Tobacco Corporation and ask for readjustment of the plan 60days in advance. They shall not make changes themselves without authorization. Article 30. When production enterprises of the tobacco trade of the whole country need to import materials, they shall hand in applications of import plan, which shall be examined, verified and summed up by the higher authority in good time. The National Tobacco Corporation shall apply for the approval and go through the formalities of import and export in a unified way, and be responsible for distribution and allocation. Article 31. Units being engaged in consignment sales of foreign cigarette and cigar shall submit their plans to the National Tobacco Corporation which shall examine and verify them, and organize unified negotiation externally. As for the taxable part, the National Tobacco Corporation shall sign contracts with foreign consignors, organize import and take the responsibility for distributing the goods; while duty-free shops may, in accordance with the agreement concluded by the National Tobacco Corporation with foreign consignors, sign concrete contracts with foreign consignors and import directly. Article 32. Consignment sales and sales on commission of foreign cigarette and cigar are required to collect foreign exchange without exception, and to implement the administrative regulations of the State concerning foreign exchange. Article 33. The National Tobacco Corporation takes the responsibility for administering the business of foreign economic and technological cooperation of all China's Tobacco Trade, goes through in a unified way the formalities of technology import project (including the import of complete set of equipment) and foreign economic and technological cooperation project in accordance with the procedures stipulated by the State, and takes the responsibility for negotiating and signing contracts externally. Article 34. Except the tobacco corporations at the provincial level authorized by and other corporations entrusted by the National Tobacco Corporation to act as agents, any other units and departments have no right to be engaged in any of the business stipulated in Article 26. CHPATER VII TOBACCO MONOPOLY LICENCE APPLICATION AND ISSUE Article 35 to Article 39 (omitted) CHAPTER VIII REWARDS AND PUNISHMENT Article 40 to Article 56 (omitted) CHAPTER IX SUPPLEMENTARY PROVISIONS Article 57. These Rules for the Implementation is applicable to all China's (including Special Economic Zones, coastal port cities and national minority autonomous regions) tobacco trade. Article 58. These Rules for the Implementation go into effect on the day they are promulgated. The power of interpretation and amendment is vested in the State Tobacco Monopoly Bureau. Attachment: Directory Of Air-curing (sun-curing) Tobacco (omitted) |
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