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Home \Legislation by Country \Bhutan \  Smoke Free Status Of Indoor Public
Last updated: July 21st 2015
Smoke Free Status of Indoor Public Places, Workplaces, and Public Transport
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Regulatory Status
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All indoor workplaces

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis:

The law generally prohibits smoking in public places and does not address “workplaces” specifically. Instead, the law includes a non-exhaustive list of public places, most of which are also workplaces. However, designated smoking areas are permitted in a limited number of places – hotels and other lodging, recreation center, bars, and discotheques. Therefore, because these places are workplaces for some, the regulatory status “Smoking is Restricted” is given.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor workplaces. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all indoor workplaces.

Law SourceArticle Number
Tobacco Control Act of Bhutan, 2010 Sections 3, 9View related litigation
Public Notification No. 7345 Clarifying Provisions of the Tobacco Control Act (BNCA/Noti/11-12/7345)
Tobacco Control Rules and Regulations 2013 Sections 5, 6
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All indoor public places

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis:

The law generally prohibits smoking in public places, but permits designated smoking areas in a limited number of places – hotels and other lodging, recreation center, bars, and discotheques. Therefore, the regulatory status “Smoking is Restricted” is given.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor public places. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all indoor workplaces. In addition, a definition of “public place” should be provided in accordance with the definition provided in the FCTC Art. 8 Guidelines.

Law SourceArticle Number
Tobacco Control Act of Bhutan, 2010 Sections 3, 9View related litigation
Public Notification No. 7345 Clarifying Provisions of the Tobacco Control Act (BNCA/Noti/11-12/7345)
Tobacco Control Rules and Regulations 2013 Sections 5, 6
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All public transport

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis:

The law prohibits smoking in all public transportation, without exception. The term “public transport” is defined in the regulations as including “buses, taxis and aircrafts or such similar transport.” This is interpreted as including all forms of public transport. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transport.

Law SourceArticle Number
Tobacco Control Act of Bhutan, 2010 Section 3View related litigation
Tobacco Control Rules and Regulations 2013 Section 3
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Government facilities

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis:The law generally prohibits smoking in public places. Although this term is not defined, the law specifically includes “all offices including those in the private sector” in the non-exhaustive list of places where smoking is prohibited. This is interpreted as prohibiting smoking in all offices owned or operated by the government. The list of places also includes facilities such as museums and educational and health facilities, which may be government operated. Together, these provisions are interpreted as banning smoking in all government facilities. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to government facilities. For greater clarity, the law should define the term “public place” in accordance with the definition provided in the FCTC Art. 8 Guidelines.
Law SourceArticle Number
Tobacco Control Act of Bhutan, 2010 Section 3View related litigation
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Hospitals

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis:The law generally prohibits smoking in public places. Although this term is not defined, the law specifically includes health institutions in the non-exhaustive list of places where smoking is prohibited. Therefore, smoking is prohibited in hospitals. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to hospitals. For greater clarity, the law should define the term “public place” in accordance with the definition provided in the FCTC Art. 8 Guidelines.
Law SourceArticle Number
Tobacco Control Act of Bhutan, 2010 Section 3View related litigation
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Residential healthcare facilities - public areas

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis:The law generally prohibits smoking in public places. Although this term is not defined, the law specifically includes health institutions in the non-exhaustive list of places where smoking is prohibited. Therefore, smoking is prohibited in public areas of residential healthcare facilities. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of residential healthcare facilities. For greater clarity, the law should define the term “public place” in accordance with the definition provided in the FCTC Art. 8 Guidelines.
Law SourceArticle Number
Tobacco Control Act of Bhutan, 2010 Section 3View related litigation
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Non-residential healthcare facilities

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis:The law generally prohibits smoking in public places. Although this term is not defined, the law specifically includes health institutions in the non-exhaustive list of places where smoking is prohibited. Therefore, smoking is prohibited in non-residential healthcare facilities. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to non-residential healthcare facilities. For greater clarity, the law should define the term “public place” in accordance with the definition provided in the FCTC Art. 8 Guidelines.
Law SourceArticle Number
Tobacco Control Act of Bhutan, 2010 Section 3View related litigation
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Childcare facilities/preschools

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis:The law generally prohibits smoking in public places. Although this term is not defined, the law specifically includes educational institutions in the non-exhaustive list of places where smoking is prohibited. Therefore, smoking is prohibited in childcare facilities and preschools. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to childcare facilities and preschools. For greater clarity, the law should define the term “public place” in accordance with the definition provided in the FCTC Art. 8 Guidelines.
Law SourceArticle Number
Tobacco Control Act of Bhutan, 2010 Section 3View related litigation
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Primary and secondary schools

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis:The law generally prohibits smoking in public places. Although this term is not defined, the law specifically includes educational institutions in the non-exhaustive list of places where smoking is prohibited. Therefore, smoking is prohibited in primary and secondary schools. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to primary and secondary schools. For greater clarity, the law should define the term “public place” in accordance with the definition provided in the FCTC Art. 8 Guidelines.
Law SourceArticle Number
Tobacco Control Act of Bhutan, 2010 Section 3View related litigation
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Universities/vocational facilities

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis:The law generally prohibits smoking in public places. Although this term is not defined, the law specifically includes educational institutions and training centers in the non-exhaustive list of places where smoking is prohibited. Therefore, smoking is prohibited in universities and vocational facilities. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to universities and vocational facilities. For greater clarity, the law should define the term “public place” in accordance with the definition provided in the FCTC Art. 8 Guidelines.
Law SourceArticle Number
Tobacco Control Act of Bhutan, 2010 Section 3View related litigation
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Shops

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis:The law generally prohibits smoking in public places. Although this term is not defined, the law specifically includes “all shops,” commercial centers, supermarkets, and shopping complexes in the non-exhaustive list of places where smoking is prohibited. Therefore, smoking is prohibited in all shops. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to shops. For greater clarity, the law should define the term “public place” in accordance with the definition provided in the FCTC Art. 8 Guidelines.
Law SourceArticle Number
Tobacco Control Act of Bhutan, 2010 Section 3View related litigation
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Cultural facilities

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis:The law generally prohibits smoking in public places. Although this term is not defined, the law specifically includes museums, exhibition halls, theaters, and public gathering spaces for festivals and traditional celebrations in the non-exhaustive list of places where smoking is prohibited. Therefore, the law is interpreted as prohibiting smoking in all cultural facilities. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to cultural facilities. For greater clarity, the law should define the term “public place” in accordance with the definition provided in the FCTC Art. 8 Guidelines.
Law SourceArticle Number
Tobacco Control Act of Bhutan, 2010 Section 3View related litigation
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Indoor stadium/arenas

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis:The law generally prohibits smoking in public places. Although this term is not defined, the law specifically includes “recreation centers,” including health centers, sports and game centers, and playing fields, in the non-exhaustive list of places where smoking is prohibited. However, under the Tobacco Control Rules and Regulations 2013, the person-in-charge of a recreation center may designate certain areas for smoking. These areas are subject to certain ventilation and signage requirements. Designated smoking areas are permitted but not required.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor stadiums and arenas because it permits the person-in-charge of the premises to designate certain areas for smoking. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should completely prohibit smoking in indoor stadiums and arenas, removing the possibility of designated smoking areas. In addition, for greater clarity, the law should define the term “public place” in accordance with the definition provided in the FCTC Art. 8 Guidelines.
Law SourceArticle Number
Tobacco Control Act of Bhutan, 2010 Section 3View related litigation
Tobacco Control Rules and Regulations 2013 Sections 5, 6
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Restaurants

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis:The law generally prohibits smoking in public places. Although this term is not defined, the law specifically includes restaurants in the non-exhaustive list of places where smoking is prohibited. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to restaurants. For greater clarity, the law should define the term “public place” in accordance with the definition provided in the FCTC Art. 8 Guidelines.
Law SourceArticle Number
Tobacco Control Act of Bhutan, 2010 Section 3View related litigation
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Bars/pubs/nightclubs

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis:The law generally prohibits smoking in public places. Although this term is not defined, the law specifically includes bars, clubs, discotheques, and snooker rooms in the non-exhaustive list of places where smoking is prohibited. However, under the Bhutan Narcotic Control Agency’s Public Notification No. 7345, the person-in-charge of a bar or discotheque may designate certain areas for smoking. These areas are subject to certain ventilation and signage requirements.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to bars, pubs, and nightclubs because it permits the person in charge of the premises to designate certain areas for smoking. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should completely prohibit smoking in bars, pubs, and nightclubs, removing the possibility of designated smoking areas. In addition, for greater clarity, the law should define the term “public place” in accordance with the definition provided in the FCTC Art. 8 Guidelines.
Law SourceArticle Number
Tobacco Control Act of Bhutan, 2010 Section 3View related litigation
Public Notification No. 7345 Clarifying Provisions of the Tobacco Control Act (BNCA/Noti/11-12/7345)
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Casinos

Not Applicable
The listed place does not exist in the country.
Analysis:It is our understanding that gambling is illegal in Bhutan and, therefore, casinos do not exist.
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Hotels/lodging - public areas

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis:The law generally prohibits smoking in public places. Although this term is not defined, the law specifically includes “lobbies and places to which the public have access in hotels, motels, guest houses, inns and lodging” in the non-exhaustive list of places where smoking is prohibited. Therefore, smoking is prohibited in all public areas of hotels and lodging. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of hotels and lodging. For greater clarity, the law should define the term “public place” in accordance with the definition provided in the FCTC Art. 8 Guidelines.
Law SourceArticle Number
Tobacco Control Act of Bhutan, 2010 Sections 3, 9View related litigation
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Hotels/lodgings - guest rooms

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis:The law generally prohibits smoking in public places. However, the law permits the person-in-charge of hotels, motels, guest houses, inns, and other lodging to designate certain floors or rooms for smoking. The person-in-charge may choose to have the entire premises, all guest rooms included, be 100% smoke free. The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect guest rooms in hotels and other lodging because it permits the person-in-charge of the premises to designate certain floors or rooms for smoking. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should completely prohibit smoking in guest rooms in hotels and other lodging.
Law SourceArticle Number
Tobacco Control Act of Bhutan, 2010 Sections 3, 9View related litigation
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Prisons/detention facilities - public areas

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis:The law does not address smoking in prisons or detention facilities specifically. Instead, the law generally prohibits smoking in public places and then provides a non-exhaustive list of places where smoking is prohibited. Because this list is non-exhaustive, the law is interpreted as prohibiting smoking in public areas of prisons and detention facilities. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of prisons and detention facilities.
Law SourceArticle Number
Tobacco Control Act of Bhutan, 2010 Section 3View related litigation
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Trains, buses and other shared ground transportation other than taxis

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis:The law prohibits smoking in all public transportation. The term “public transport” is defined in the regulations as including buses and “such similar transport.” Therefore, smoking is prohibited on trains, buses, and other forms of shared ground transportation. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to trains, buses, and other shared ground transportation.
Law SourceArticle Number
Tobacco Control Act of Bhutan, 2010 Section 3View related litigation
Tobacco Control Rules and Regulations 2013 Sections 3, 115(j)
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Taxis (for-hire vehicle)

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis:The law prohibits smoking in all public transportation, specifically including taxis. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to taxis.
Law SourceArticle Number
Tobacco Control Act of Bhutan, 2010 Section 3View related litigation
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Commercial aircraft

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis:The law prohibits smoking in all public transportation, specifically including aircraft used for passenger transport. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial aircraft.
Law SourceArticle Number
Tobacco Control Act of Bhutan, 2010 Section 3View related litigation
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Commercial watercraft

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis:The law prohibits smoking in all public transportation. The term “public transport” is defined in the regulations as including “buses, taxis and aircrafts or such similar transport.” This is interpreted as including commercial watercraft. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial watercraft.
Law SourceArticle Number
Tobacco Control Act of Bhutan, 2010 Section 3View related litigation
Tobacco Control Rules and Regulations 2013 Sections 3, 115(j)
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Public transport facilities (waiting areas for mass transit)

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis:The law prohibits smoking in “public gathering spaces.” Although this term is not defined, the law specifically includes bus stands, taxi stands, and airports as examples of public gathering spaces where smoking is prohibited. Therefore, the law is interpreted as prohibiting smoking in all public transport facilities. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transport facilities.
Law SourceArticle Number
Tobacco Control Act of Bhutan, 2010 Section 3View related litigation
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Private offices

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis:The law generally prohibits smoking in public places. Although this term is not defined, the law specifically includes “all offices including those in the private sector” in the non-exhaustive list of places where smoking is prohibited. Therefore, smoking is prohibited in all private offices. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to private offices.
Law SourceArticle Number
Tobacco Control Act of Bhutan, 2010 Section 3View related litigation
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Religious centers

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis:The law generally prohibits smoking in public places. Although this term is not defined, the law specifically includes “religious . . . centers and their vicinity” in the non-exhaustive list of places where smoking is prohibited.
Law SourceArticle Number
Tobacco Control Act of Bhutan, 2010 Section 3View related litigation
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