Notice of the Office of the State Tobacco Monopoly Administration on the renewal of the license of tobacco monopoly production enterprises of e-cigarette related production enterprises

Provincial tobacco monopoly bureaus:

From June 30, 2023, the validity period of e-cigarette related production enterprises (hereinafter referred to as certified e-cigarette related production enterprises) that have obtained tobacco monopoly licenses according to law will expire one after another. In order to strengthen e-cigarette supervision according to law, protect the legitimate rights and interests of administrative counterparts, and continue to promote the legalization and standardized management of the e-cigarette industry, The State Tobacco Monopoly Administration has decided to carry out the renewal, alteration and re-application of the licenses of certified e-cigarette related manufacturers in accordance with the law from now on. The relevant matters are hereby notified as follows.

I. General working principles

1. Upholding law-based administration According to the "People's Republic of China Tobacco Monopoly Law" and its implementing regulations, "Measures for the Administration of Tobacco Monopoly Licenses" (Ministry of Industry and Information Technology Order No. 37), "Measures for the Administration of electronic cigarettes" (State Tobacco Monopoly Administration Announcement No. 1 in 2022) and other laws, regulations and normative documents, fair and impartial license renewal work, Ensure compliance with legal conditions, procedures, time limits and other requirements to improve the efficiency of the renewal work.

2. Improving services. Uphold the concept of serving enterprises and benefiting the people, simplify application materials, clarify audit priorities, optimize the approval process, and improve work efficiency.

3. Adhere to dynamic management Coordinate the e-cigarette market special inspection, daily supervision, case investigation results and license renewal work, according to the production and operation behaviors of certified e-cigarette related manufacturers during the license validity period, adopt differentiated treatment to improve the dynamic management efficiency of licenses.

(4) Adhere to the classification of handling. According to the application for renewal of the license of the certified e-cigarette related production enterprises, the three categories of license extension, change and re-application are strictly classified.

Second, the work flow of renewal

(1) Application time. After receiving the notice, the relevant provincial tobacco monopoly Bureau informed the licensed e-cigarette related production enterprises within the jurisdiction to apply for license renewal within the prescribed time. The licensed e-cigarette related production enterprises shall submit the license renewal application to the local provincial tobacco monopoly Bureau before the 10th of the month when the license expires (the license expiration on June 30, 2023 can be extended to June 15). If the certified e-cigarette related production enterprise does not apply for renewal within the validity period of the license, it is deemed to automatically give up the e-cigarette related production and operation qualification.

(2) Application channels. Certification, electronic cigarette related production enterprises through the national tobacco monopoly bureau e-government service administrative licensing online platform (https://zwfwdt.tobacco.gov.cn/cooperativeWeb/event/tab) online submission permit continued, change, to apply for the applications, etc.

(3) Preliminary examination. The relevant provincial tobacco monopoly bureau is responsible for the initial verification of the application materials, organize the staff to apply for a license change, re-apply for the enterprise on-site verification, enterprises apply for a license extension, in principle, there is no need for on-site verification. If the application of the enterprise involves the formation of new production capacity in fixed assets investment (including the application of the enterprise to increase the production capacity of new electronic cigarette products), the relevant provincial tobacco monopoly bureau shall inform the enterprise that it should comply with the requirements of the "Rules for the Management of electronic cigarette Fixed Assets Investment" (No. 43 of the National Tobacco Office (2022)). Perform the approval procedures for capital construction or technological transformation of e-cigarette related production enterprises to expand production capacity and obtain approval.

(4) Approval of renewal. The State Tobacco Monopoly Administration in accordance with the administrative license approval authority, time limit, conditions, procedures and other requirements, after the relevant provincial tobacco monopoly bureau accepted and put forward the preliminary review opinions, according to law to perform the license renewal examination and approval, make (or not) to extend, change, re-apply for the administrative license decision and serve.

(5) Making and issuing certificates. The State Tobacco Monopoly Administration shall deliver the unified manufacturing and issuance licenses granted for renewal, alteration or re-application.

Third, clarify relevant policies

(1) Changes in the address of the license.

1. Due to objective reasons such as road planning and urban construction, the residence of the enterprise is changed, and the address of the production factory and finished product warehouse registered with the license is changed, and the change license procedure is performed.

2. If the residence of the enterprise is changed due to non-objective reasons, but the capacity is not expanded due to the change of the residence of the enterprise, the re-application for license procedure shall be performed.

3. The scope of relocation and change of the enterprise's residence and related addresses is limited to the same district (county) tobacco monopoly Bureau's regulatory jurisdiction, or the same municipal tobacco monopoly Bureau's regulatory jurisdiction without districts (county).

(2) Changes in major investors.

In order to regulate the change of the main investor of the certified e-cigarette related production enterprises and the orderly flow of the capital of the e-cigarette industry, the following circumstances shall not be changed: the new main investor of the certified e-cigarette related production enterprises is included in the list of serious illegal and dishonest subjects, and the list of suppliers with bribery behaviors; Violating the relevant regulations on foreign investment in electronic cigarettes; Others that do not meet the regulatory requirements of electronic cigarettes.

(3) Changes in the scope of the license.

The original license scope for processing (export) of the licensed e-cigarette related production enterprises to apply for additional processing (domestic sales), to perform the re-application for the license procedure, the enterprise must have the ability to produce in line with the "e-cigarette" mandatory national standard (GB 41700-2022) product quality assurance, and provide real domestic e-cigarette product processing orders or contracts.

Processing (export) enterprises obtain registered trademarks of electronic cigarette products in accordance with the law, apply to change the enterprise category to electronic cigarette product production enterprises, increase the scope of electronic cigarette product production license, perform the re-application for license procedures, certified electronic cigarette related production enterprises in the application, need to provide real and legal electronic cigarette product registered trademark documents.

(4) Dynamic adjustment of the license validity period.

According to the daily supervision and relevant inspection results and the operation status of certified e-cigarette related production enterprises, product quality and safety assurance, the validity period of the license is reasonably determined.

4. Relevant requirements

1. The relevant provincial tobacco monopoly bureau shall coordinate the initial verification, on-site verification, acceptance and other work of the renewal application of certified e-cigarette related manufacturers within their jurisdiction. Implement the reform requirements of "discharge and management service", actively respond to the concerns and demands of enterprises to replace their certificates, strengthen policy publicity, training guidance and government services, and ensure that the replacement work is smooth and orderly.

2. Each certified e-cigarette related manufacturer shall submit the application materials in a standardized manner, be responsible for the legality, authenticity and integrity of the content of the application materials, earnestly fulfill the obligation of honesty and law-abiding, and support and cooperate with the initial verification and field verification carried out by the local provincial tobacco monopoly Bureau in accordance with the law.

State Tobacco Monopoly Administration Office

June 9, 2023