Notification of Supervision on Certified e-cigarette Enterprises by State Tobacco Monopoly Administration

Office of the State Tobacco Monopoly Administration on the Conduct of "Double Random, One Open" Supervision of Certified E-cigarette Production Enterprises and Wholesale Enterprises Notice

State Tobacco Administration Document No. 6 of 2025

Provincial Tobacco Monopoly Bureaus

In order to implement the relevant requirements of comprehensive departmental joint supervision of "double random, one public" regulation, strengthening the supervision of e-cigarette market operators in accordance with the law, and continuously promoting the legalization and standardization of the e-cigarette industry, the State Tobacco Monopoly Administration has decided to carry out "double random, one public" supervision on e-cigarette related production enterprises and wholesale enterprises that have obtained tobacco monopoly license in accordance with the law (hereinafter referred to as certified e-cigarette enterprises). The relevant issues are now notified as follows.

One, job responsibilities

Implement a checklist management system for random inspections. Based on the "Random Inspection Checklist for Certified E-cigarette Companies in the Tobacco Monopoly Supervision" (see attachment), timely improve and publicly disclose the random inspection checklist for certified e-cigarette companies in our unit, further refining and clarifying the inspection criteria, subjects, content, methods, and limits. Strictly conduct market supervision random inspections according to the checklist.

Establish a sound system for random inspections of "Two Databases." Build and improve the database of inspection targets and the database of enforcement officers, including all certified e-cigarette businesses in the jurisdiction that should be subject to inspection in the database of inspection targets, and including all e-cigarette regulatory and monopoly management personnel holding tobacco monopoly administrative enforcement credentials in the database of enforcement officers. Implement dynamic management based on changes in inspection targets and enforcement officers.

(3) Coordinate the formulation of inspection plans. Based on the situation of certified e-cigarette companies and actual regulatory needs, coordinate the formulation of the annual inspection work plan in this jurisdiction, adopt differentiated classification regulatory measures for inspection targets of different risk levels and credit levels, reasonably determine, dynamically adjust the inspection proportion, frequency, and the probability of being inspected, to ensure necessary inspection coverage and regulatory effectiveness.

The fourth step is the scientific implementation of spot checks and inspections. According to the annual spot check work plan, inspection objects are randomly selected and enforcement officers are randomly matched to ensure the transparency and fairness of inspections. Based on the actual conditions of certified e-cigarette companies, the spot check and inspection procedures, projects, methods, and disposal measures are refined and improved in a targeted manner to enhance the quality and standardization of spot checks and inspections. Emphasis is placed on problem orientation, focusing on key areas of e-cigarette regulation, actively using big data and information technology to improve the ability to identify issues. Qualified institutions in relevant professional fields may be commissioned to conduct testing, financial audits, investigative consultations, etc., or expert opinions provided by relevant authorities may be lawfully adopted.

Enhance the disclosure and utilization of spot check inspection results. According to the principle of "who inspects, who records, who discloses," spot check inspection results will be disclosed through the National Enterprise Credit Information Publicity System and the National Credit Information Sharing Platform as required, accepting public supervision. The regulatory information data will be integrated and collected in a timely manner, and access to the State Tobacco Monopoly Administration's "Internet+ Supervision" system will be standardized according to uniform standards. Units that do not currently have the conditions for system platform input and integration should disclose their results through appropriate means such as their website, and expedite the implementation of data information integration conditions. Illegal activities discovered through spot checks will be punished more severely in accordance with the law, and those suspected of crimes will be promptly transferred to judicial authorities.

6. Handle individual cases and conduct special inspections. In addition to regulating certified e-cigarette companies through the "double random, one open" supervision method, any illegal or irregular cases discovered through complaints, referrals, data monitoring, etc. should be promptly investigated and handled according to the law, without being subject to a frequency limit. For common issues and prominent risks in the e-cigarette market discovered through these channels, methods such as double random inspections should be used to conduct targeted special inspections on the related matters, and the inspection rate should be determined based on the actual situation to ensure that systemic or regional risks do not occur.

Implementing the requirements of joint supervision by departments. In accordance with the comprehensive implementation of the joint "double random, one public" supervision requirements, promoting the random inspections of certified e-cigarette companies in accordance with procedures and coordinating with the local people's government to ensure alignment. This includes cooperation within their jurisdiction with relevant government departments to establish a unified list of random inspection items for market supervision, build a unified supervision platform, mutual recognition of inspection results among government departments, and work together on coordinated supervision and joint penalties.

Requirement of work

Improve ideological understanding and strengthen organizational leadership. Enhance positioning, deeply understand the importance of the "double random, one open" regulatory work for certified e-cigarette companies in strengthening governance at the source of the e-cigarette industry chain, regulating the e-cigarette market order, and promoting the legalization and standardization of the e-cigarette industry. Improve coordination leadership, division of responsibilities, and accountability for related work, cascade responsibilities at each level, and coordinate the implementation of the "double random, one open" regulatory work for certified e-cigarette companies in the jurisdiction.

(2) Adhere to the principle of administering according to law and strive for effective inspections. Adhere to the principles of administering according to law, supervising according to law, and inspecting according to law, strictly following national laws and regulations and relevant provisions to carry out the "double random, one open" regulatory work for certified e-cigarette companies. Coordinate daily supervision of e-cigarettes in the jurisdiction, market supervision, operational supervision, quality supervision, and entity credit, combined with the regulatory records of certified e-cigarette companies, optimize the organization and methods of spot checks and inspections, continuously improve the specificity of inspections and the ability to identify problems, and enhance the quality and effectiveness of e-cigarette regulatory work.

Maintain full coverage of the entire e-cigarette supply chain and coordinate inspections of other market entities. Inspections of retail stores selling certified e-cigarettes in the jurisdiction should be carried out in accordance with the relevant provisions of the "Notice on Implementing the Comprehensive Implementation of Joint Departmental 'Double Random, One Public' Supervision in the Market Supervision Field" (Guoyanfa [2019] No. 101), including "routine inspections of retail market order." Unlicensed operations of e-cigarettes and other new tobacco products in the jurisdiction should be investigated and dealt with in accordance with the provisions of the "Measures for Investigating and Dealing with Unlicensed Operations" and other laws and regulations.

(4) Adhere to serving the people, carry out spot checks and inspections during the 2025 "Chinese New Year" and Spring Festival period. In order to protect the health and safety of the people, safeguard consumer rights, and ensure the order of the e-cigarette market during the "Chinese New Year" and Spring Festival period, it is necessary to conduct a spot check and inspection of certified e-cigarette companies and retailers in the jurisdiction during the New Year's Day and Spring Festival according to the 2025 "double random, one public" spot check and inspection plan. Strengthen the investigation and rectification of prominent issues in the local e-cigarette market, effectively ensuring the good and stable order of the e-cigarette market during the "Chinese New Year" and Spring Festival. The specific scope, objects, content of the spot check will be determined independently by each unit according to the actual situation.

All provincial tobacco monopoly bureaus are required to submit their annual plans and schemes for random inspections of certified e-cigarette companies, as well as the results and reports from previous inspections, to the State Tobacco Monopoly Administration's e-cigarette supervision and management department by January 15th of each year.

Please provide an English translation to complete this response.

Attachment: List of random inspection items for tobacco monopoly regulation (certified e-cigarette companies)

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Office of the State Tobacco Monopoly Administration

January 6, 2025

voluntarily disclosed