National Development and Reform Commission, Measures for the Administration of Tobacco Monopoly Licences

国家发展和改革委员会烟草专卖许可证管理办法

April 02, 2007 | BY

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Foreign-invested commercial enterprises prohibited from engaging in tobacco retail and wholesale businesses.

Clp Reference: 5400/07.02.05 Promulgated: 2007-02-05 Effective: 2007-03-07

Promulgated: February 5 2007
Effective: March 7 2007
Interpreting Authority: The State Council's administrative department in charge of tobacco monopoly, as authorized by the National Development and Reform Commission

Applicability: The Measures apply to the administration of tobacco monopoly licences within China (including customs regulatory zones and duty-free zones, except Hong Kong, Macao and Taiwan) (Article 2).

The term "foreign-invested commercial enterprises" includes Sino-foreign equity joint ventures, Sino-foreign cooperative joint ventures, wholly foreign-owned enterprises and Hong Kong-, Macao- and Taiwan-invested enterprises (Article 63).

Main Contents: Article 18 of the Measures states that foreign-invested commercial enterprises and family proprietors may not engage in the retail or wholesale businesses of tobacco monopoly products, or engage in tobacco monopoly product business in a disguised form by way of franchise, invitation of franchisees or other forms of re-investment.

Related Legislation: PRC Tobacco Monopoly Law, Jun 29 1991; PRC Administrative Licensing Law, Aug 27 2003, CLP 2003 No.7 p.7 and PRC Implementing Regulations for Tobacco Monopoly Law, Jul 3 1997, CLP 1997 No.7 p.15

Repealed Legislation: Measures for the Administration of Tobacco Monopoly Licences, 1998

clp reference:5400/07.02.05promulgated:2007-02-05effective:2007-03-07

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