Provisions on the application and handling procedures of tobacco monopoly license

The tobacco monopoly license is formulated according to the Tobacco Monopoly Law of People's Republic of China (PRC), the Administrative Licensing Law of People's Republic of China (PRC), the Regulations for the Implementation of the Tobacco Monopoly Law of People's Republic of China (PRC) and the Measures for the Administration of Tobacco Monopoly License. The following is what I have compiled for you: the application and handling procedures for tobacco monopoly licenses. Welcome to read!

Provisions on the application and handling procedures of tobacco monopoly license

Chapter I General Principles

Article 1 In order to strengthen the administration of tobacco monopoly licenses and standardize the application and handling procedures, these Provisions are formulated in accordance with the Tobacco Monopoly Law of People's Republic of China (PRC), the Administrative Licensing Law of People's Republic of China (PRC), the Regulations for the Implementation of the Tobacco Monopoly Law of People's Republic of China (PRC) and the Measures for the Administration of Tobacco Monopoly Licenses.

Article 2 These Provisions shall apply to citizens, legal persons or other organizations that apply for tobacco monopoly licenses and tobacco monopoly bureaus that handle tobacco monopoly licenses.

Article 3 The tobacco monopoly license mentioned in these Provisions includes tobacco monopoly production enterprise license, tobacco monopoly wholesale enterprise license, special tobacco monopoly operation enterprise license and tobacco monopoly retail license, in which tobacco monopoly wholesale enterprise license is divided into tobacco monopoly wholesale enterprise license and tobacco monopoly wholesale enterprise license (business), and tobacco monopoly retail license is divided into tobacco monopoly retail license and tobacco monopoly retail license (individual). Tobacco monopoly production enterprise license, tobacco monopoly wholesale enterprise license, tobacco monopoly wholesale enterprise license (business) and special tobacco monopoly enterprise license are collectively referred to as production and business licenses. Tobacco monopoly retail license and tobacco monopoly retail license (individual) are collectively referred to as retail license.

Article 4 The Tobacco Monopoly Bureau shall actively promote e-government, facilitate the application for tobacco monopoly licenses and improve work efficiency. The production and business license shall be handled through the computer network management system of tobacco monopoly license, and the retail license shall be handled gradually by information means.

Chapter II Applicants and Implementing Agencies

Article 5 The Tobacco Monopoly Bureau is the agency for tobacco monopoly licenses, and is responsible for the acceptance, examination, approval and management of tobacco monopoly licenses.

Article 6 The following tobacco monopoly licenses shall be accepted and examined by the provincial tobacco monopoly bureau and approved by the State Tobacco Monopoly Bureau: (1) A license for a tobacco monopoly production enterprise, in which the applicant is a legal person or other organization engaged in the production and processing of tobacco monopoly products; (2) A license for a tobacco monopoly wholesale enterprise, in which the applicant is a legal person or other organization engaged in the wholesale business of cigarettes and cigars and operating across provinces, autonomous regions and municipalities directly under the Central Government; (3) License of tobacco monopoly wholesale enterprise, where the applicant is a legal person or other organization dealing in tobacco leaves, redried tobacco leaves, cut tobacco, cigarette paper, filter rods, cigarette tow and special machinery for tobacco; (4) Special tobacco monopoly enterprise license, the applicant is an enterprise engaged in the import and export business of tobacco monopoly products, the wholesale business of duty-free tobacco products or the auction business of confiscated tobacco products, or a prefecture-level tobacco company engaged in the wholesale business of foreign tobacco products or the wholesale business of confiscated foreign tobacco products.

Article 7 The following tobacco monopoly licenses shall be accepted and examined by prefecture-level tobacco monopoly bureaus, and examined and approved by provincial tobacco monopoly bureaus: (1) A tobacco monopoly wholesale enterprise license, in which the applicant is a legal person or other organization engaged in the wholesale business of cigarettes and cigars within the scope of this province, autonomous region or municipality directly under the Central Government; (2) Special tobacco monopoly enterprise license. The applicant is a county-level tobacco marketing unit engaged in the wholesale business of foreign tobacco products and confiscated the wholesale business of foreign tobacco products.

Article 8 The following tobacco monopoly licenses shall be accepted and examined and approved by the tobacco monopoly bureau at the county level: (1) A tobacco monopoly retail license, where the applicant is a legal person or other organization engaged in the retail business of tobacco products; (two) tobacco monopoly retail license (individual), the applicant is a citizen engaged in the retail business of tobacco products. If the county-level tobacco monopoly bureau is not established in the place where the applicant is located, it shall be accepted and approved by the prefecture-level tobacco monopoly bureau.

Chapter III Application Procedures

Article 9 The types of applications for tobacco monopoly licenses include new applications, change applications, extension applications, suspension applications, resumption applications, suspension applications and renewal applications. Among them, new application, change application and renewal application are applications for licensing matters; Other application types are applications for managing transactions.

Article 10 An applicant shall submit corresponding application materials according to the type of application and be responsible for the authenticity of the materials.

Article 11 When making an application, an applicant shall generally submit a corresponding type of written text. If an application is made by letter, telegram, telex, fax, electronic data interchange and e-mail, the accepting organ will convert it into a standard text and the applicant will confirm it.

Article 12 An applicant may entrust an agent to file an application, and the agent shall provide the power of attorney and the identity certificates of the principal and the agent.

Article 13 To apply for a new production and business license, the following materials shall be submitted: (1) A new application form for tobacco monopoly license; (two) the certificate of enterprise establishment, in which the tobacco products production and operation enterprises shall submit the documents approved by the State Tobacco Monopoly Bureau; (three) the legal representative's employment documents and identity certificates; (four) a copy of the industrial and commercial business license or a notice of pre-approval of the enterprise name; (five) other materials required by the examination and approval authority.

Article 14 To apply for a new retail license, the following materials shall be submitted: (1) An application form for a new tobacco monopoly license; (two) the identity certificate of the legal representative or person in charge of the individual industrial and commercial households and enterprises; (3) the house ownership certificate or house lease agreement; (four) other materials required by the examination and approval authority.

Article 15 If an enterprise that has obtained a production and operation license changes its name, domicile and legal representative (person in charge) within the validity period of the license, it shall apply for change within 30 days after the change occurs; If it is necessary to change the scope of the license, an application for change shall be filed in advance. To apply for change, the following materials shall be submitted: (1) an application form for change of tobacco monopoly license; (2) Certification materials related to the change; (3) The original and photocopy of the license; (4) A copy of the industrial and commercial business license; (five) other materials required by the examination and approval authority.

Article 16 An enterprise that has obtained a production and operation license shall apply for a new license if the type of enterprise changes within the validity period of the license.

Article 17. Citizens, legal persons and other organizations that have obtained retail licenses shall apply for changes within the validity period of the licenses, and submit the following materials within 30 days after the changes occur: (1) An application form for changes of tobacco monopoly licenses; (2) Certification materials related to the change; (3) The original and photocopy of the license; (4) A copy of the industrial and commercial business license; (five) other materials required by the examination and approval authority.

Eighteenth citizens, legal persons and other organizations that have obtained a retail license shall apply for a new license if their business entities or business premises change during the validity period of the license.

Article 19 If it is necessary to continue production and operation after the expiration of the license, the holder shall apply for renewal 30 days before the expiration of the license, and submit the following materials: (1) An application form for renewal of the tobacco monopoly license; (2) The original and photocopy of the license; (3) A copy of the industrial and commercial business license; (four) other materials required by the examination and approval authority. When applying for renewal of retail license, a valid house ownership certificate or house lease agreement shall also be submitted.

Article 20 If the holder needs to suspend production or business, he shall apply for suspension of production or business within 7 days before the suspension of production or business, and the longest period of suspension of production or business shall not exceed 1 year. To apply for suspension of business, the following materials shall be submitted: (1) an application form for tobacco monopoly license management; (two) the original and copy of the license; (three) other materials required by the examination and approval authority.

During the suspension of business, the original and copy of the license shall be submitted to the examination and approval authority for temporary storage.

Article 21. In case of early suspension or resumption of business, the holder shall apply for resumption of business and submit the following materials: (1) An application form for matters related to tobacco monopoly license management; (2) Other materials required by the examination and approval authority. If approved by the examination and approval authority, the original and copy of the recovery license shall be issued.

Article 22 If the holder loses or damages his license within the validity period, he shall apply to the issuing authority for a replacement, and submit the following materials: (1) An application form for matters related to tobacco monopoly license management; (2) Proof of loss or damage; (three) other materials required by the examination and approval authority.

Article 23 In case of any of the circumstances specified in Items 2 to 5 of Article 49 of the Measures for the Administration of Tobacco Monopoly Licenses, the holder or interested party shall apply for closing the case within 30 days after the occurrence of the specified circumstances; If the holder no longer engages in production and business activities within the validity period of the license, he shall apply for suspension of business in time. To apply for suspension of business, the following materials shall be submitted: (1) an application form for tobacco monopoly license management; (two) the original and copy of the license; (three) other materials required by the examination and approval authority.

Chapter IV Acceptance and Examination and Approval Procedures

Article 24 After receiving the application materials submitted by the applicant, the Tobacco Monopoly Bureau shall deal with them according to the following circumstances: (1) If the application matters do not need to apply for a tobacco monopoly license according to law, it shall immediately inform the applicant that it will not be accepted. (two) if the application matters do not fall within the scope of the functions and powers of this tobacco monopoly bureau, it shall immediately inform the applicant to apply to the relevant tobacco monopoly bureau. (3) If there are errors in the application materials that can be corrected on the spot, the applicant shall be allowed to correct them on the spot. (4) If the application materials are incomplete or do not conform to the statutory form, and the applicant cannot make corrections on the spot, it shall issue a Notice of Correction of Application Materials for Tobacco Monopoly License on the spot or within 5 days, and inform the applicant of all the contents that need to be corrected at one time. Fails to inform, since the date of receipt of the application materials is accepted. (5) If the applicant fails to make corrections to the application materials within the time limit specified in the Notice of Correction of Application Materials for Tobacco Monopoly License, or the materials are still incomplete or do not meet the statutory form after correction, the Tobacco Monopoly Bureau shall issue the Notice of Rejection of Tobacco Monopoly License. (6) Where the application matters fall within the statutory authority, the application materials are complete and conform to the statutory form, or the applicant submits all the corrected application materials as required, it shall accept the application for tobacco monopoly license and issue the Notice of Acceptance of Tobacco Monopoly License to the applicant.

Article 25 After accepting an application for a production and business license, a prefecture-level or provincial tobacco monopoly bureau shall conduct a preliminary examination on whether the application meets the acceptance conditions, put forward opinions on whether to accept it, and submit the application materials and examination opinions to the tobacco monopoly bureau at the next higher level through the computer network management system of tobacco monopoly licenses.

Twenty-sixth tobacco monopoly bureau in the examination and approval of production and business license application, generally in written form. If the examination organ or the examination and approval organ considers it necessary to conduct on-the-spot verification, it shall appoint two or more staff members to conduct it. When examining and approving the application for retail license, the Tobacco Monopoly Bureau shall assign two or more staff members of its own organs to conduct on-the-spot verification.

Article 27 When conducting on-site verification, the Tobacco Monopoly Bureau shall fill in the Record of On-site Verification of Tobacco Monopoly License, which shall be signed by the inspectors and the inspected party for confirmation. If the inspected party refuses to sign, the inspector shall indicate the situation on the on-site inspection record of the tobacco monopoly license.

Twenty-eighth tobacco monopoly bureau approval of retail license shall conform to the reasonable layout planning of local tobacco products retail outlets. If two or more applicants are unable to grant an administrative license due to reasonable layout restrictions, they shall make a decision on whether to grant an administrative license in the order of acceptance.

Article 29 When examining and approving the license, the Tobacco Monopoly Bureau thinks that the public interest needs a hearing, and before making a decision on administrative license, it shall announce the announcement of the hearing of the tobacco monopoly license to the public through the bulletin board or the tobacco monopoly license management system and hold a hearing.

Article 30 When examining and approving a license, the Tobacco Monopoly Bureau shall inform the applicant and interested parties that they have the right to request a hearing if the examination and approval result directly relates to the significant interest relationship between the applicant and others. If the applicant or interested party applies for a hearing of tobacco monopoly license within 5 days from the date of being informed of the right to the hearing, the Tobacco Monopoly Bureau shall hold a hearing according to law and issue a notice of hearing of tobacco monopoly license to the applicant or interested party.

Article 31 The Tobacco Monopoly Bureau shall make a decision on administrative license within 20 days from the date of acceptance. Where a production and business license is accepted, the accepting organ shall submit the examination opinions and all application materials to the examination and approval organ within 10 days from the date of accepting the application, and the examination and approval organ shall make a decision on administrative license within 10 days from the date of receiving the application materials. If the examination and approval authority fails to make a decision on administrative license within the time limit specified in the preceding paragraph, it may extend the examination and approval period with the approval of the person in charge of the examination and approval authority, and issue a Notice on Extending the Examination and Approval Period of Tobacco Monopoly License to the applicant. If hearing, inspection and testing are required according to law, the time required shall not be counted within the prescribed time limit.

Thirty-second when the examination and approval authority makes a decision on administrative license, if the application type belongs to licensing matters, it shall issue a decision on tobacco monopoly administrative license or not; If the application type belongs to management matters, a Notice on the Administration of Tobacco Monopoly License shall be issued.

Article 33 The validity period of a tobacco monopoly license shall be decided by the examination and approval authority according to the actual situation, and shall not exceed 5 years at the longest from the date of issuing the license.

Chapter V Cancellation Procedures

Article 34 If the holder or interested party applies for suspension of business in accordance with regulations, the original licensing examination and approval authority shall cancel his license.

Article 35 If the original licensing examination and approval authority finds any of the following circumstances, it shall cancel the holder's tobacco monopoly license ex officio: (1) The tobacco monopoly license has not been renewed upon expiration; (2) The holder or interested party fails to apply for suspension of business within the prescribed time limit under the circumstances specified in Items 2 to 5 of Article 49 of the Measures for the Administration of Tobacco Monopoly Licenses; (three) after the change of the registered items, the holder fails to apply for the change in accordance with these provisions, and refuses to change the license within 30 days after receiving the notice of ordering the change; (4) Having been closed for more than 1 year, failing to go through the formalities of closure, or having gone through the formalities of closure, failing to apply for closure or resumption of business after the expiration of the period of closure, and failing to apply for closure or resumption of business after being announced by the issuing authority for 3 months; (5) Failing to carry out production and business activities according to law within 6 months after obtaining the tobacco monopoly license; (six) other circumstances stipulated by laws, regulations and rules.

Article 36 In any of the following legal circumstances, the original licensing examination and approval authority shall cancel the tobacco monopoly license according to the relevant administrative punishment or administrative decision: (1) The tobacco monopoly license is revoked according to law; (2) The tobacco monopoly license has been revoked according to law; (3) The holder of a tobacco monopoly license is disqualified from tobacco monopoly business according to law; (4) The holder of a tobacco monopoly license has his business license revoked by the administrative department for industry and commerce.

Article 37 When the original license examination and approval authority cancels the license, it shall fill in the Approval Form for Cancellation of Tobacco Monopoly License according to the application for suspension of business, relevant administrative punishment decisions, criminal judgments, announcements or inspection records, and cancel the license after being approved by the person in charge of the examination and approval authority.

Thirty-eighth after the cancellation of the tobacco monopoly license, the examination and approval authority shall issue a written decision on the cancellation of the tobacco monopoly license to the original holder and withdraw the original license. If the license cannot be withdrawn, it shall be announced.

Article 39 A tobacco monopoly license cancelled according to law shall be announced to the public through bulletin boards and tobacco monopoly license information systems.

Chapter VI Procedures for Service of Documents

Fortieth the administrative licensing documents mentioned in these Provisions include all kinds of applications, relevant administrative licensing decisions of the Tobacco Monopoly Bureau, and internal approval forms of the Tobacco Monopoly Bureau.

Article 41 The administrative license documents issued by the Tobacco Monopoly Bureau shall be stamped with the special seal for tobacco monopoly license or the seal of this administrative organ. The tobacco monopoly license issued shall be stamped with the seal of this administrative organ. The administrative license document or tobacco monopoly license shall be delivered directly by two or more staff members within 10 days. If it is difficult to deliver it directly, it can be delivered by mail. The administrative license document of the production and business license or the tobacco monopoly license may be served by the accepting organ entrusted by the examination and approval authority.

Article 42 Where the examination and approval authority makes a decision to grant an administrative license to the licensing application, it shall, within 30 days from the date of making the administrative license decision, announce the licensing matters, the name of the licensee or the name of the enterprise, the business place, the license scope, the validity period of the license, the license number and the date of making the administrative license decision through the bulletin board and the tobacco monopoly license information system.

Forty-third when the public requests to consult the administrative licensing decision, they should produce valid identity documents. Public access does not include the internal approval form of the Tobacco Monopoly Bureau.

Article 44 The Tobacco Monopoly Bureau shall establish a filing and preservation system for administrative license files, and collect and properly preserve complete application materials and relevant administrative license documents.

Chapter VII Supplementary Provisions

Article 45 The Tobacco Monopoly Bureau shall not charge any fees for handling tobacco monopoly licenses.

Forty-sixth in these Provisions, the time limit for the Tobacco Monopoly Bureau to handle tobacco monopoly licenses is calculated in working days, excluding legal holidays.

Article 47 The State Tobacco Monopoly Bureau shall be responsible for the interpretation of these Provisions. Article 48 These Provisions shall come into force on June 6+1October 6+1October 6, 2008. If the relevant provisions previously issued are inconsistent with these Provisions, these Provisions shall prevail.

Procedures for handling tobacco monopoly retail license

First, application. Citizens, legal persons or other organizations that have not yet obtained the tobacco monopoly retail license shall apply for engaging in the retail business of tobacco products, and shall submit a new application to the corresponding issuing authority in accordance with Article 5 of the Regulations of Shanghai Municipality on the Administration of Tobacco Monopoly Retail License.

An applicant applying for a new tobacco monopoly retail license shall provide the following materials:

(1) An application for a tobacco monopoly retail license;

(2) If an industrial and commercial business license has been obtained, the original or photocopy of the industrial and commercial business license shall be submitted; Without obtaining the industrial and commercial business license, it shall submit a valid letter of approval (single) of the name of the industrial and commercial business license, and submit the industrial and commercial business license to the issuing authority for the record within 10 days from the date of obtaining the industrial and commercial business license;

(three) self-employed, it shall provide the identity certificate of the operator. Self-employed persons who are not registered in this Municipality shall also provide proof of residence within the validity period issued by the public security department of this Municipality.

A legal person or other organization shall provide the identity certificate of the person in charge;

(4) A certificate of legal use of the business premises that meets the requirements of the state;

(5) Other materials deemed necessary by the issuing authority.

After receiving all the application materials submitted by the applicant, the issuing authority shall issue a written certificate stamped with the special seal of the issuing authority and dated, indicating the content and quantity of the application materials submitted by the applicant.

Second, accept. The issuing authority shall handle the application submitted by the applicant according to the following circumstances:

(a) the application does not need to obtain a tobacco monopoly retail license according to law, it shall immediately inform the applicant that it will not be accepted;

(two) the application matters do not fall within the scope of authority of the issuing authority, it shall immediately make a decision not to accept, and inform the applicant to apply to the relevant administrative organs;

(3) If there are errors in the application materials that can be corrected on the spot, the applicant shall be allowed to correct them on the spot;

(4) If the application materials are incomplete or do not conform to the statutory form, and the applicant cannot make corrections on the spot, it shall issue a Notice of Correction of Application Materials for Tobacco Monopoly Retail License on the spot or within 5 days, and inform the applicant of all the contents that need to be corrected at one time. Fails to inform, since the date of receipt of the application materials is accepted;

(5) If the applicant fails to make corrections to the application materials within the time limit specified in the Notice on Correction of Application Materials for Tobacco Monopoly Retail License, or the materials are still incomplete or do not conform to the statutory form after correction, the issuing authority shall make a decision not to accept them;

(6) If the application matters fall within the authority of the issuing authority, the application materials are complete and conform to the statutory form, or the applicant has submitted all the corrected application materials according to the requirements of the issuing authority, it shall be accepted and recorded in the acceptance record form as required.

When accepting or not accepting the application for tobacco monopoly retail license, the issuing authority shall issue a written certificate stamped with the special seal of the issuing authority and dated.

If the issuing authority decides not to accept the application, it shall inform the applicant of the right to apply for administrative reconsideration or bring an administrative lawsuit according to law.

Third, review. The issuing authority shall examine the application of the applicant in a timely manner.

The issuing authority shall assign two or more staff members to conduct on-site verification of the license application. Three days before the start of the on-site inspection, the issuing authority shall inform the applicant of the contents, specific time and method of the inspection. Before the on-site inspection officially begins, the staff shall show their certificates to the applicant, identify themselves and inform the applicant of their rights and obligations. During the on-site inspection, the staff shall verify the application materials, fill in the on-site inspection records, and record the actual situation of the business premises and their business classification by means of photography or video recording. The verification record shall be signed by the employee and the auditee for confirmation. If the auditee refuses to sign, the staff shall indicate the situation on the verification record.

Fourth, decide. After examination and collective discussion, if the issuing authority considers that the applicant's application meets the licensing requirements, it shall make a written licensing decision within 20 days from the date of accepting the application. If a decision cannot be made within 20 days, it may be extended by 10 days with the approval of the person in charge of the issuing authority. If it decides to extend the time limit, the issuing authority shall inform the applicant of the reasons for extending the time limit before the expiration of the original examination and approval period.

The issuing authority shall deliver the tobacco monopoly retail license to the applicant within 10 days from the date of making the decision to grant the tobacco monopoly retail license.

Upon examination, if the issuing authority considers that the new application of the applicant is under any of the following circumstances, it shall make a decision not to issue a tobacco monopoly retail license. (1) The applicant conceals relevant information or provides false materials; (two) does not meet the conditions stipulated in Article 9 of the Regulations of Shanghai Municipality on the Administration of Tobacco Monopoly and Retail License; (3) Places where inflammable and explosive articles are stored, such as gas stations and key fire prevention areas; (4) Places within the scope of primary and secondary schools (including senior middle schools, secondary specialized schools, vocational schools, etc.). ) (including the school fence) and the entrance and exit of the school 100 meters within walking distance; (five) operating pesticides, chemicals, paints and other places that are toxic or harmful or are not conducive to the storage of tobacco products; (six) vending machines (cabinets), mobile stalls (cars, sheds) and other non-fixed places; (seven) there are other laws, regulations and rules prohibiting the issuance of tobacco monopoly retail licenses. ?

The same natural person, individual industrial and commercial households, private enterprises or sole proprietorship enterprises can only apply for one tobacco monopoly retail license.

For major and complicated applications for tobacco monopoly retail licenses, the issuing authority may organize administrative licensing hearings. The specific administrative licensing hearing measures shall be formulated separately by the Shanghai Tobacco Monopoly Bureau.

If the issuing authority makes a written decision not to grant an administrative license according to law, it shall explain the reasons and inform the applicant of the right to apply for administrative reconsideration or bring an administrative lawsuit according to law.

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