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Opinions of the General Office of the State Council on Combating Tobacco-Related Illegal Activities Through Full-Chain Enforcement
[Effective]
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国务院办公厅关于全链条打击涉烟违法活动的意见
[现行有效]
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【法宝引证码】
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| Opinions of the General Office of the State Council on Combating Tobacco-Related Illegal Activities Through Full-Chain Enforcement | | 国务院办公厅关于全链条打击涉烟违法活动的意见 |
| (No. 44 [2025] of the General Office of the State Council) | | （国办发〔2025〕44号） |
| The people's governments of all provinces, autonomous regions, and municipalities directly under the Central Government; all ministries, commissions, and institutions directly under the State Council | | 各省、自治区、直辖市人民政府，国务院各部委、各直属机构： |
| For the purposes of addressing prominent issues such as the production, sale, and smuggling of counterfeit tobacco products, comprehensively strengthening regulatory enforcement, implementing whole-chain crackdowns on tobacco-related illegal activities, continuously purifying the tobacco market environment, and effectively safeguarding national interests and consumer rights, with the consent of the State Council, the following opinions are hereby issued. | | 为解决烟草制假、售假、走私等突出问题，全方位加强监管执法，全链条打击涉烟违法活动，持续净化烟草市场环境，切实维护国家利益和消费者权益，经国务院同意，现提出以下意见。 |
| I. Focusing Efforts on Combating Overseas Tobacco Counterfeiting and Smuggling into China | | 一、聚力打击烟草境外制假走私入境 |
| 1. Effectively advancing the crackdown on overseas sources of tobacco counterfeiting. Law enforcement cooperation between China and relevant countries shall be strengthened, and the combat against tobacco-related illegal activities shall be incorporated into routine diplomatic work, as well as law enforcement and judicial cooperation. The analysis of cross-border tobacco-related criminal trends and risk early-warning mechanisms shall be strengthened, and source-oriented crackdowns shall be carried out against counterfeit production sites, smuggling rings, and key individuals in overseas key regions. Efforts shall be intensified to advance overseas investigation and evidence collection, recovery of illicit proceeds and apprehension of fugitives, trademark protection, the suppression of illegal production, and the protection and enforcement of intellectual property rights. Acts of counterfeiting Chinese tobacco brands overseas shall be strictly cracked down on; illegal tobacco entering or transiting through China shall be resolutely investigated and dealt with; and tobacco smuggling and other related illegal activities shall be subject to severe punishment. | | （一）有效推进境外烟草制假源头打击。加强我国与有关国家执法协作，将打击涉烟违法活动纳入外交日常工作、执法司法合作等。加强跨境涉烟犯罪形势研判和风险预警，针对境外重点区域的制假窝点、走私团伙、重点人员实施源头打击，着力推进境外调查取证、追赃追逃、商标保护和打击非法生产、知识产权维权等工作，严厉打击境外假冒中国烟草品牌行为，坚决查处流入、流经我国的非法烟草，从严惩治烟草走私等违法活动。 |
| 2. Intensifying the crackdown on maritime tobacco smuggling. Sea–land coordinated law enforcement cooperation shall be strengthened through enhanced intelligence sharing, data interconnectivity, and regional coordination, and anti-smuggling patrols and inspections along the coastal shoreline shall be carried out on a regular basis. Comprehensive enforcement and control shall be strengthened in key coastal areas, key ports and docks, and key vessels; dynamic monitoring of key maritime areas and major shipping routes shall be enhanced; and intelligence identification and situational awareness of suspicious vessels shall be strengthened. Targeted enforcement actions shall be taken against tobacco smuggling activities involving mother-ship smuggling, ship-to-small-boat transshipment, and shore-based distribution. | | （二）全力打击海上烟草走私。加强情报共享、数据互通、区域衔接等海陆联动执法协作，常态化开展沿海岸线反走私巡查排查。加强沿海重点区域、重点码头、重点船舶等综合治理，强化重点海域、主要航线动态监控和可疑船舶情报感知，精准打击母船贩运、中巴过驳、陆岸分销等烟草走私活动。 |
| 3. Strengthening comprehensive rectification of tobacco-related issues at land borders and ports. Supervision over overseas institutions, joint ventures, and overseas distributors of domestic tobacco enterprises shall be strengthened to effectively prevent the illicit re-entry of exported tobacco monopoly products, e-cigarettes, and other novel tobacco products through smuggling. Quantity limits on tobacco products carried by inbound travelers shall be strictly enforced. The anti-smuggling security barrier along land borders shall be improved, tobacco-related risk prevention and control at ports shall be strengthened, and tobacco smuggling activities such as smuggling through non-designated border crossings, concealment in border residents' mutual trade, misdeclaration of goods for customs clearance, and carriage by parallel traders shall be strictly cracked down on. | | （三）强化陆路边境和口岸涉烟问题综合整治。加强对国内烟草企业境外机构、合资企业和境外经销商的监管，严防出口烟草专卖品和电子烟、其他新型烟草制品等涉烟产品走私回流。严格执行进境旅客携带涉烟产品限量规定。健全完善陆路边境反走私安全防线，加强口岸涉烟风险管控，严厉打击沿边非设关地偷运、边民互市夹藏、伪报品名通关、“水客”携带等形式的烟草走私活动。 |
| 4. Strengthening governance of tobacco-related activities in various special areas. The effective implementation of tobacco monopoly laws and regulations in various special areas, including areas under customs supervision and comprehensive bonded zones, shall be continuously strengthened. Regulatory requirements concerning the licensed production and operation of tobacco-related products, as well as transport under permit, shall be strictly enforced, and the transportation of tobacco-related products into special areas for sale without authorization shall be strictly prohibited. Full-process supervision throughout the entire process of production, transportation, storage, sale, import, and export of duty-free tobacco products shall be comprehensively strengthened, and operating enterprises shall be strictly supervised in complying with management requirements for tobacco products in the domestic duty-free market. The overseas trademark registration of Chinese tobacco brands and the recordation of such trademarks with customs for intellectual property protection shall be continuously advanced, and tobacco-related products entering or exiting the country that are suspected of infringing intellectual property rights shall be subject to customs measures for the protection of intellectual property in accordance with the law. Domestic in-transit transportation of tobacco-related products between zones shall be administered by reference to customs transit procedures, and operating enterprises opting for bonded self-transportation shall strictly implement the tobacco monopoly transport permit system. No entity shall use new customs supervision models or trade facilitation policies, including transit transportation, entrep?t trade, or customs transit trade, to infringe intellectual property rights or to engage in tobacco smuggling or disguised smuggling. | | （四）加强各类特殊区域涉烟治理。持续深化烟草专卖法律法规在海关监管区、综合保税区等各类特殊区域的有效实施，严格落实涉烟产品许可生产经营、持证运输等监管要求，严禁未经许可将涉烟产品运至特殊区域销售。全面加强对免税烟草制品生产、运输、仓储、销售、进出口的全流程监管，督促经营企业严格落实境内免税市场烟草制品管理要求。持续推进中国烟草品牌境外商标注册和海关知识产权保护备案，对涉嫌侵犯知识产权的出入境涉烟产品依法采取知识产权海关保护措施。涉烟产品区间结转境内运输比照转关运输管理，选择保税自行运输的应严格执行烟草专卖品准运证制度。严禁利用海关新型监管、便利化通关等政策以过境运输、转口贸易、转关贸易等方式侵犯知识产权和走私、变相走私烟草。 |
| 5. Strengthening risk control over tobacco-related activities involving cross-border means of transport and international mail. Inspection over inbound and outbound means of transport, including vessels, vehicles, and aircraft, shall be intensified, and the effectiveness of X-ray screening and interception targeting cross-border e-commerce logistics and international mail items shall be enhanced. Tobacco smuggling conducted through carriage by personnel serving on inbound and outbound means of transport, as well as through cross-border e-commerce logistics and international mail channels, shall be strictly cracked down on in accordance with the law. Analysis and assessment of illegal activities involving overseas-registered websites and virtual currency transactions in tobacco-related products shall be strengthened, and targeted enforcement actions shall be taken against tobacco smuggling enabled by new technologies and emerging channels. | | （五）加强进出境运输工具和国际邮包涉烟风险管控。加大对船舶、车辆、航空器等进出境运输工具的查验力度，提升跨境电商物流、国际邮包过机检查拦截效能，依法查处利用进出境运输工具工作人员携带和跨境电商物流、国际邮包等渠道走私烟草行为。对境外注册网站、利用虚拟货币交易涉烟产品等违法活动加强分析研判，精准打击利用新技术新渠道走私烟草行为。 |
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