Chapter I General Provisions

In order to strengthen the management of e-cigarettes and standardize the import and export trade of e-cigarette products, aerosols, e-cigarette nicotine (hereinafter referred to as e-cigarette products and raw materials) and foreign economic and technological cooperation, These Detailed Rules are formulated in accordance with laws, regulations and normative documents such as Law of the People’s Republic of China on Tobacco Monopoly, Regulations on the Implementation of Law of the People’s Republic of China on Tobacco Monopoly, and Measures on the Administration of Electronic Cigarettes (announced by the State Tobacco Monopoly Administration No. 1, 2022).

Article 2 These Detailed Rules shall apply to the import and export trade of e-cigarette products and raw materials, foreign economic and technological cooperation, and relevant supervision and administration activities within the territory of China.

Article 3 The State Tobacco Monopoly Administration shall, in accordance with laws, regulations, relevant administrative regulations and these Detailed Rules, conduct supervision and administration over the import and export of e-cigarette products and raw materials and foreign economic and technological cooperation within the territory of China. Provincial Tobacco monopoly administrations (including Dalian and Shenzhen Tobacco Monopoly Administrations, the same below) shall be responsible for implementing relevant administrative regulations and relevant requirements of the State Tobacco Monopoly Administration, and conducting supervision and administration over the import and export trade of e-cigarette products and raw materials and foreign economic and technological cooperation within their respective administrative regions.

Chapter II Import and Export Trade

Article 4 The imported e-cigarette products shall be sold through the e-cigarette trading management platform to the enterprises that hold the license of tobacco monopoly wholesale enterprises and carry out the wholesale business of imported products with the approval of the State Tobacco Monopoly Administration (hereinafter referred to as import wholesale enterprises).

Article 5 The e-cigarette retail entities shall purchase imported e-cigarette products from import wholesale enterprises through the e-cigarette transaction management platform.

Article 6 The e-cigarette product manufacturers and e-cigarette brand holders who purchase imported e-cigarette raw materials for their own use, and the aerosol manufacturers who purchase imported e-cigarette nicotinoids for their own use shall purchase them from the enterprises that meet the regulations through the e-cigarette transaction management platform.

If an e-cigarette processing enterprise purchases imported aerosol for production, it shall be regarded as an e-cigarette product manufacturing enterprise for management.

Article 7 When the imported e-cigarette products and raw materials are traded through the e-cigarette trading management platform, the provisions of the State Tobacco Monopoly Administration on import requirements shall be strictly implemented.

Article 8 Before the first import of imported e-cigarette products after the implementation of these Detailed Rules, the brand holder of the product or its entrusted agency shall apply for technical evaluation according to the Administrative Measures on E-Cigarette and other relevant provisions.

The imported e-cigarette products sold in China shall pass the technical evaluation and use the trademark approved and registered in China.

Article 9 Imported e-cigarette products shall be subject to commodity inspection in accordance with relevant state regulations.

Article 10 The imported e-cigarette products shall be marked with the words “only sold in China” on the boxes and packages, and shall meet the relevant requirements of the e-cigarette product traceability system of the State Tobacco Monopoly Administration.

Article 11 E-cigarette manufacturing enterprises (including product production, OEM, brand holding enterprises, etc.), aerosol manufacturing enterprises and e-cigarette nicotinoid manufacturing enterprises (hereinafter referred to as e-cigarette related manufacturing enterprises) shall produce e-cigarette products and raw materials for export within the approved license scope and export production scale.

If the demand for overseas orders exceeds the approved export production scale, the enterprise may organize relevant production and sales after performing the filing procedures on the e-cigarette trading management platform in accordance with the relevant regulations of the State Tobacco Monopoly Administration.

Article 12 E-cigarette related manufacturing enterprises shall strengthen the management of e-cigarette products and raw materials produced for export, be responsible for the relevant directions, and complete the export filing on the e-cigarette trading management platform within 30 days after export declaration.

Article 13 The e-cigarette products for export shall comply with the laws, regulations and standards of the destination country or region; If the destination country or region does not have relevant laws, regulations and standards, it shall comply with the relevant laws, regulations and standards of China.

E-cigarette related manufacturers should strengthen the quality management and intellectual property protection of e-cigarette products and raw materials produced for export, and establish a good image of made in China in the international market.

Article 14 E-cigarette manufacturers shall strictly implement the requirements of the State Tobacco Monopoly Administration on the export packaging of e-cigarettes. The license number of the relevant tobacco monopoly production enterprise shall be marked on the box and package of the exported e-cigarette products, and the license number of the entrusted e-cigarette production enterprise shall be marked on the box and package of the exported e-cigarette products.

Article 15 Enterprises engaged in the import and export business of e-cigarette products and raw materials within the territory of China shall submit the import and export data of the previous year to the State Tobacco Monopoly Administration before the end of March each year.

Each provincial tobacco monopoly administration shall cooperate with the relevant competent departments to strengthen the statistics of import and export information of e-cigarette products and raw materials, and submit the actual customs declaration data of import and export of e-cigarette products and raw materials in their respective administrative areas to the State Tobacco Monopoly Administration on an annual basis.

Chapter III Foreign Investment

Article 16 The establishment of foreign-invested e-cigarette production enterprises shall go through the examination and approval procedures in accordance with the relevant regulations of the State Tobacco Monopoly Administration.

Article 17 For foreign-invested e-cigarette enterprises that have held tobacco monopoly licenses, their equity, shares, property shares or other similar rights and interests have changed and submit change reports in accordance with the Measures for Reporting Foreign Investment Information (Order No. 2, 2019 of the Ministry of Commerce and the State Administration for Market Regulation). An application for the change of the tobacco monopoly license or a new application for the tobacco monopoly license shall be made in accordance with the provisions of the State Tobacco Monopoly Administration on the administration of the tobacco Monopoly license.

Article 18 New foreign-funded projects for the production of e-cigarette products and raw materials shall be examined and approved by the State Tobacco Monopoly Administration before they are initiated in accordance with relevant regulations of the State and shall comply with the regulations of the State Tobacco Monopoly Administration on the investment in fixed assets of e-cigarettes.

Article 19 Foreign investment in the wholesale and retail of e-cigarettes is prohibited in accordance with state policies and regulations concerning foreign investment.

Article 20 foreign-funded electronic cigarette related government agencies, enterprises, social organizations, social public, etc., can be in accordance with the law of the People’s Republic of China on foreign investment and the foreign investment security review method “(National Development and Reform Commission business ministry make 37 2020) regulation, such as suggest security review of foreign investment to the relevant authorities, The State Tobacco Monopoly Administration shall provide necessary assistance according to law.

Article 21 Tobacco monopoly administrations at various levels shall establish and improve the information files of foreign-invested e-cigarette related enterprises within their respective administrative areas, and carry out information sharing with relevant departments. Relevant information should include:

(1) Basic information: enterprise name, business scope, legal representative, address, etc.;

(2) Investment information: registered capital, mode of contribution, registered currency, actual controller, investor and the amount of capital subscribed by the investor, and the payment period of the registered capital;

(3) Information of change: division, merger, revocation, change of equity, change of foreign investor’s holding or relative holding status, etc.;

(4) other necessary enterprise information.

Chapter IV Technical cooperation and cross-border service trade

Article 22 The State Tobacco Monopoly Administration shall cooperate with relevant departments to strengthen supervision and administration over the import and export of e-cigarette-related technologies.

Article 23 In accordance with the relevant policies and regulations of the State on cross-border service trade, overseas service providers are prohibited from engaging in the wholesale, retail, import and export of e-cigarettes in China.

Article 24 E-cigarette manufacturing enterprises shall provide e-cigarette product OEM services for foreign enterprises in the comprehensive bonded area and other special customs supervision areas, and the local tobacco monopoly bureau shall cooperate with relevant competent departments to provide necessary assistance.

Article 25 If e-cigarette related manufacturers import e-cigarette products and raw materials by bonded means, which have been subject to customs supervision, and the finished products have been exported and checked by the customs, the relevant information of the imported e-cigarette products and raw materials shall be put on record on the unified national e-cigarette trading Management Platform.

Chapter V Supplementary Provisions

Article 26 The power to interpret these Rules shall remain with the State Tobacco Monopoly Administration.

Article 27 These Rules shall go into effect as of the date of issuance.