Blue Cave New Consumption Report, November 16th, today, the National Tobacco Monopoly Agency released the "Detailed Rules for the Management of Electronic Smoking Price Involved in the Case (Draft for Opinions)". Calculate standards and methods of issuance. The Tobacco Monopoly Bureau said that in the investigation and punishment of electronic cigarette cases, the work of electronic cigarette prices involved in the case directly related to the nature of the case and the rights of the parties.

The following is the full text:

In order to implement the "Regulations on the Implementation of the Tobacco Monopoly Law of the People's Republic of China" and "Administrative Measures for Electronic Cigarettes", the State Tobacco Monopoly Agency drafted the "Detailed Rules for the Management of Electronic Tobacco Price (Draft for Soliciting Opinions) involved in the case". Feedback before November 23, 2022 (7 nature days from the date of release).

The public opinion feedback method is to send email to mailbox: goujunjie@tobacco.gov.cn, please indicate the word "Details involved in the electronic cigarette price management rules involved in the case".

National Tobacco Monopoly Bureau

November 16, 2022

Interpretation of Blue Cave: In short, it is how to calculate the case value of illegal products when grasping you.

Electronic cigarette price management rules involved in the case

(Draft for comments)

Article 1 In order to regulate and strengthen the management of electronic cigarettes involved in the case, in accordance with the "Regulations on the Implementation Regulations of the People's Republic of China Tobacco Monopoly Law", "Regulations on the Implementation of the Tobacco Monopoly Law of the People's Republic of China", "Measures for Electronic Cigarette Management" and the "Supreme People's Court Supreme People's Procuratorate The interpretation of several issues of criminal cases such as production and sales of tobacco monopoly products "(Fa Shi [2010] No. 7) and other laws, regulations, regulations, and standardized documents, and formulate these rules.

Article 2 The electronic cigarette involved in these rules refers to the electronic cigarette products, e -cigarettes and fogides of electronic cigarettes, or other rights.

Article 3 The price management activities such as the price issuance of electronic cigarettes involved in the case of the people's Republic of China shall apply for this ruler.

Article 4 The price management function department of the State Tobacco Monopoly Agency is responsible for the formulation of electronic cigarette price policies involved in the country, and shall undertake the supervision and management of electronic cigarette prices involved in the case. Provincial tobacco monopoly bureaus must set up the electronic cigarette price management team involved in the project, monopoly, sales, finance, regulations, electronic cigarette management and other relevant departments, which are set up by the price management department. City) Electronic cigarette price management work involved in the case.

Article 5 In the investigation and punishment of the case involved in the case of electronic cigarettes, if the actual sales or purchase price cannot be found, the provincial tobacco monopoly bureaus shall issue the price in accordance with these rules.

Article 6 The retail price of electronic cigarette products seized:

(1) Those who can find out product brands and models and sell them on the electronic cigarette transaction management platform. The provincial tobacco monopoly bureau of the seized place is issued according to the seized retail price.

(2) It can find out that the product brand and the brand is sold on the electronic cigarette transaction management platform, but the product model or the model is not sold on the electronic cigarette transaction management platform. At the time of the seal, the brand's average national recommended retail price was issued in the previous year.

(3) In other circumstances, the provincial tobacco monopoly bureau of the seized land is recommended to the national average retail price of the nation's national average of the previous year.

Article 7 The "average recommended retail price" referred to the "average recommended retail price" referred to the three types of cigarette bombs, smoke and disposable electronic cigarettes are calculated separately, and the combination of cigarette bombs and smoke in a packaging unit is based on the actual actual situation. Calculate the number of smoke and smoke.

Article 8 The seized e -cigarettes and nickels and atomians shall be issued by the provincial tobacco monopoly bureau of the seized place to issue the weighted average transaction prices of nationwide cigarettes and atomizes in the previous year.

Article 9 The State Tobacco Monopoly Agency establishes relevant data statistical query modules on the electronic cigarette transaction management platform. The provincial tobacco monopoly bureau shall be used as the basis for calculating various types of prices.

Article 10 The price of tobacco leaf (including recycling tobacco leaves and tobacco stalks), re -grilled tobacco leaves, nicotins (including the end, granular) and other tobacco monopoly products are issued, the acquisition and sales price calculation, etc. "The Supreme People's Court's Supreme People's Procuratorate's Explanation of Criminal Cases such as illegal production and selling tobacco monopoly products" (Several Issues of Criminal Cases of Tobacco Monopoly "(Fa Shi [2010] No. 7) and" Regulations on Price Management of Tobacco Products involved in the case "(National Tobacco Plan [2021] No. 93) shall be implemented.

Article 11 The price management of other new tobacco products involved in the case shall be implemented with reference.

Article 12 These rules shall be explained by the State Tobacco Administration.

Article 13 This detailed rules shall be implemented from the date of printing.

About "Details of Electronic Cigarette Price Management Involved in the Case

(Draft for Solicitation of Opinions) "

In November 2021, the State Council issued the "Decision on Amending the Implementation Regulations of the People's Republic of China" (National Ling No. 750), which clarified that "new types of tobacco products such as electronic cigarettes refer to the relevant provisions of this regulations." On March 11, 2022, the State Tobacco Monopoly Agency formulated the "Administrative Measures for Electronic Cigarettes" (announcement of the National Tobacco Monopoly Agency No. 1). Starting from October 1, 2022, electronic cigarettes have entered a normalized regulatory stage. Tobacco monopoly bureaus at all levels will fully implement electronic cigarette supervision laws and regulations and policy documents, and investigate and punish various violations of laws and regulations in accordance with laws and regulations. In the law enforcement investigation work of electronic cigarette cases, the work of electronic cigarette prices involved in the case is directly related to the nature of the case and the rights and interests of the parties.

1. Drafting process

According to the requirements of relevant national laws, regulations, regulations, and regulatory documents, and combined with the actual situation of the electronic cigarette market and electronic cigarette supervision, the State Tobacco Monopoly Bureau carefully studied the relevant work of electronic cigarette price management involved in the case. By carrying out relevant investigations, repeatedly studied and discussed, revised and improved key issues, and drafted the "Detailed Rules for the Management of Electronic Cigarette Price Management (Draft for Opinions)".

2. Main content

The main content of the "Details of Electronic Cigarette Price Management (Draft for Opinions) involved in the case" is to regulate the price calculation standards and issues of electronic cigarettes (including electronic cigarette products, e -cigarettes, nicotin, fog, etc.). Management responsibilities, etc.