State Tobacco Monopoly Bureau: Guiding Opinions on the Layout of E-cigarette Wholesale Enterprises

In order to standardize the examination and approval administration of the licenses of e-cigarette wholesale enterprises, in accordance with the Law of the People's Republic of China on Tobacco Monopoly Law, the Regulations of the People's Republic of China on the Implementation of the Tobacco Monopoly Law, the Measures for the Administration of Tobacco Monopoly License (Order No. 37 of the Ministry of Industry and Information Technology), the Implementation Rules for the Management of Tobacco Monopoly License (GYF [2020] No.205) and the Measures for the Administration of Electronic Cigarette (No. 1 of Announcement No.1 of the State Tobacco Monopoly Bureau) and other laws and regulations, rules and normative documents, referring to the economic development level, retail outlet quantity, market coverage and geographical location of various localities. The following guidance is provided on the layout of wholesale enterprises of e-cigarettes.

 
I. Basic Principles

(1) Market orientation. Respect the market law, combine consumption group, population scale, economic level, geographic transportation, enterprise cost and other comprehensive situation, overall consideration of wholesale enterprise quantity, realize the purpose of efficient operation, supply and demand matching, resource optimization.

(2) Territorial operation. In strict accordance with the "Measures for the Administration of Electronic Cigarettes" that "e-cigarette products should be purchased from local e-cigarette wholesale enterprises", combined with the characteristics of e-cigarette products, resources should be integrated and scale operation should be carried out, and e-cigarette wholesale enterprises should be laid out.

 
(3) Strengthen regulation. Comprehensively apply the means of marketization and legalization, strictly examine and approve according to relevant laws and regulations, rules and normative documents, strengthen the admission supervision of wholesale enterprises of e-cigarette according to law, and improve the supervision efficiency and supervision level.

 
II. The layout requirements

 
According to the Measures for the Administration of Electronic Cigarettes, enterprises that have obtained the license of tobacco monopoly wholesale enterprises should be approved by the department of tobacco monopoly administration, and they can engage in the wholesale business of electronic cigarettes only after changing the license scope.

 
(1) General conditions:

 
1. The administrative region has matching conditions such as population size, traffic condition, economic level, consumption capacity and enterprise cost;  

 
2. Other conditions prescribed by the department of tobacco monopoly administration under the State Council.

 
(2) Restrictive circumstances:

1. There are major cases of illegal production and operation of electronic cigarettes in this administrative area, which have caused great social impact;

 
2. There are situations in which e-cigarettes are sold to minors within the administrative area, which are serious and cause great social impact;

 
3. In this administrative area, the situation of selling e-cigarettes through information networks other than the national unified e-cigarette trading management platform is serious, which has caused great social impact;

 
4. The illegal circulation of e-cigarettes in this administrative area is serious, which has caused great social impact;

 
5. Other circumstances affecting the wholesale business of electronic cigarettes.

 
III. Work Requirements

 
(1) Unify ideological understanding. Strengthening the supervision of e-cigarette is the responsibility and mission of tobacco monopoly administrative departments at all levels. Starting from the overall situation of the Party and the state, we should firmly establish the consciousness of the overall situation, cooperate with the change of the license of tobacco monopoly wholesale enterprises, and fulfill the main responsibility of the supervision of e-cigarette.

 
(2) Compact the principal responsibility. The organization and leadership shall be strengthened, the principal responsibility shall be consolidated, the responsibility shall be strengthened, the detailed guidance shall be carefully studied and implemented, and the production and operation management of e-cigarette shall be strengthened to ensure that the policies are in place, the measures are in place and the results are in place, and the supervision efficiency and supervision level of e-cigarette shall be comprehensively improved.

 
(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, gather consensus, win support, and form joint forces to create a good policy environment and an honest and trustworthy market environment with fair competition.