On December 18, 2024, the Shenzhen Tobacco Monopoly Bureau announced on its government website the solicitation of opinions on the "Implementation Measures for Administrative Penalty Discretion of the Shenzhen Tobacco Monopoly Bureau (Draft for Soliciting Opinions)." The announcement openly requested suggestions from the public, and a total of 2 opinions were received within the specified deadline. After carefully analyzing and studying each opinion, the bureau will now explain the adopted opinions as follows:
Regarding Article 22, some opinions suggest that administrative penalties that are currently undergoing administrative reconsideration or administrative litigation, or have already been decided upon by the reconsideration authority or court, should not be ordered to be corrected. Therefore, the phrase "should be ordered to correct" in Article 22 of the draft for comments should be modified to "should be ordered to correct in accordance with the law" in order to guide and supervise the exercise of discretion in administrative penalties by the Shenzhen Tobacco Monopoly Bureau and correct any inappropriate penalty actions that are found.
The opinion is legally valid and reasonable, and will be adopted.
Regarding Appendix 1, some opinions point out that in items 24 to 29 of the "solicitation draft" in Appendix 1, "e-cigarette" is specified under "tobacco," but in items 2 to 13 and 15 to 22, "tobacco" does not specify "e-cigarette." The inconsistency in the text can easily lead to misunderstandings. Also, according to relevant laws, regulations, and normative documents related to e-cigarettes, it is believed that the penalties in Appendix 1 of the "solicitation draft" should include penalties for e-cigarettes.
After conducting research, the opinion was not accepted for the following reasons:
According to Article 17 of the Law of the People's Republic of China on the Protection of Minors, parents or other guardians of minors are not allowed to engage in the following behaviors: (4) Allowing or inciting minors to smoke (including e-cigarettes, the same below), drink alcohol, gamble, beg or bully others. Therefore, Appendix 1 of the draft for soliciting opinions specifically clarifies the scope of "smoking" in items 24 to 29, in order to fully implement the provisions of the Law on the Protection of Minors of the People's Republic of China. In addition, other illegal activities involving e-cigarettes are not the focus of this draft for soliciting opinions.
This is to announce.
Shenzhen Tobacco Monopoly Bureau
January 14, 2025
Notice
1. This article is provided exclusively for professional research purposes related to industry, technology and policy. Any reference to brands or products is made solely for the purpose of objective description and does not constitute an endorsement, recommendation, or promotion of any brand or product.
2. The use of nicotine products, including but not limited to cigarettes, e-cigarettes, and heated tobacco products, is associated with significant health risks. Users are required to comply with all relevant laws and regulations in their respective jurisdictions.
3. This article is strictly restricted from being accessed or viewed by individuals under the legal age.
Copyright
This article is either an original work by 2Firsts or a reproduction from third-party sources with the original source clearly indicated. The copyright and usage rights of this article belong to 2Firsts or the original source. Unauthorized reproduction, distribution, or any other unauthorized use of this article by any entity or individual is strictly prohibited. Violators will be held legally responsible. For copyright-related matters, please contact: info@2firsts.com
AI Assistance Disclaimer
This article may have utilized AI to enhance translation and editing efficiency. However, due to technical limitations, errors may occur. Readers are advised to refer to the sources provided for more accurate information.
This article should not be used as a basis for any investment decisions or advice, and 2Firsts assumes no direct or indirect liability for any errors in the content.
