In order to standardize the management of license approval for electronic cigarette wholesale enterprises, in accordance with the “Tobacco Monopoly 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 “Administrative Measures for Tobacco Monopoly Licenses” (Ministry of Industry and Information Technology Order No. 37) , “Detailed Rules for the Implementation of Measures for the Administration of Tobacco Monopoly Licenses” (Guoyan Law [2020] No. 205), “Measures for the Administration of Electronic Cigarettes” (State Tobacco Monopoly Administration Announcement No. 1 [2022]) and other laws, regulations, rules and normative documents, With reference to the level of economic development, the number of retail outlets, market coverage and geographic location in various regions, the following guiding opinions are hereby offered on the layout of electronic cigarette wholesale enterprises.
1. Basic principles
(1) Market orientation.
Respect the laws of the market, take into account the comprehensive conditions of consumer groups, population size, economic level, geographical transportation, and enterprise costs, and take into account the number of wholesale enterprises to achieve the goals of efficient operation, matching supply and demand, and optimizing resources.
(2) Territorial operation.
Strictly follow the provisions of the “Administrative Measures for Electronic Cigarettes” that “should purchase electronic cigarette products from local electronic cigarette wholesale enterprises”, combine the characteristics of electronic cigarette products, integrate resources, scale operations, and deploy electronic cigarette wholesale enterprises.
(3) Strengthen supervision.
Comprehensively use market-oriented and legal-oriented means, strictly examine and approve in accordance with relevant laws, regulations, rules and normative documents, strengthen the access supervision of e-cigarette wholesale enterprises in accordance with the law, and improve the efficiency and level of supervision.
2. Layout requirements
According to the “Measures for the Administration of Electronic Cigarettes”, an enterprise that has obtained a license for a tobacco monopoly wholesale enterprise shall be approved by the administrative department of tobacco monopoly and can only engage in the wholesale business of electronic cigarette products after changing the scope of the license.
(1) General conditions:
1. The administrative region has matching population, traffic conditions, economic level, consumption capacity, enterprise cost and other conditions;
2. Other conditions stipulated by the tobacco monopoly administrative department of the State Council.
(2) Restrictive circumstances:
There are major cases of illegal production and operation of electronic cigarettes in the administrative region, which have caused great social impact;
The sale of electronic cigarettes to minors in this administrative area is serious and has caused a greater social impact;
Selling electronic cigarettes through information networks other than the national unified electronic cigarette transaction management platform within the administrative region is serious and has caused a greater social impact;
The illegal circulation of electronic cigarettes within the administrative region is serious and has caused a greater social impact;
Other situations that affect the wholesale business of electronic cigarettes.
3. Job requirements
(1) Unified thinking and understanding.
Strengthening the supervision of electronic cigarettes is the responsibility and mission of the tobacco monopoly administrative departments at all levels. It is necessary to proceed from the overall situation of the party and the state, firmly establish the overall situation, cooperate with the completion of the change of the license of the tobacco monopoly wholesale enterprise, and effectively perform the main responsibility and main business of electronic cigarette supervision.
(2) Consolidate the main responsibility.
It is necessary to strengthen organizational leadership, consolidate the main responsibility, strengthen the responsibility, carefully study and implement the detailed guidance, effectively strengthen the production and operation management of electronic cigarettes, ensure that policies, measures and results are in place, and comprehensively improve the efficiency and level of supervision of electronic cigarettes.
(3) Strengthen communication and coordination.
It is necessary to actively report and communicate with local party committees and governments, strengthen coordination and cooperation with relevant departments, build consensus, win support, and form synergy, so as to create a favorable policy environment and a market environment of honesty, trustworthiness, and fair competition.
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