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Term --FCTC-Based Definition Cambodia
Workplace View Definition

An area, permanent or temporary, in which a person performs duties of employment or work, regardless of whether the work is done for compensation or on a voluntary basis, and includes private offices, common areas and any other area which generally is used or frequented during the course of employment or work. (FCTC Art. 8 Guidelines para. 20)

Defined
Yes
Analysis

The definition of "workplaces" contained in the sub-decree aligns with the definition provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Public Transport View Definition

Any vehicle used for the carriage of members of the public, usually for reward or commercial gain. (FCTC Art. 8 Guidelines para. 22)

Defined
Yes
Analysis

The definition of "public transports" contained in the sub-decree aligns with the definition contained in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Second Hand Smoke (or similar term) View Definition

The smoke emitted from the burning end of a cigarette or from other tobacco products usually in combination with the smoke exhaled by the smoker. (FCTC Art. 8 Guidelines para. 15)

Not Defined
No
Analysis

The law does not contain a definition of "second hand smoke." However, such a definition is not necessary in order to interpret the law because the law prohibits "smoking" in public places rather than prohibiting "exposure to second hand smoke."

Not Applicable
Not Applicable
Smoking or Smoke View Definition

Being in possession or control of a lit tobacco product regardless of whether the smoke is being actively inhaled or exhaled. (FCTC Art. 8 Guidelines para. 17)

Defined
Yes
Analysis

The definition of "tobacco smoking" in the sub-decree aligns with the definition of "smoking" provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Public Place View Definition

An area, permanent or temporary, that is accessible to the general public or for collective use by the general public regardless of ownership or right of access. (FCTC Art. 8 Guidelines para. 18)

Defined
Yes
Analysis

The definition of "public places" contained in the sub-decree does not align with the definition provided in the FCTC Art. 8 Guidelines for several reasons. First, it defines a public place as "enclosed," whereas the definition in the Guidelines could apply to either an indoor or outdoor space. Second, the definition should state that a public place may be "permanent or temporary" and that it refers to places used by the public "regardless of ownership or right of access."

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of "public place" in accordance with the definition provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Tobacco Product View Definition

Any product entirely or partly made of the leaf tobacco as a raw material which is manufactured to be used for smoking, sucking, chewing, or snuffing. (FCTC Art. 1(f))

Defined
Yes
Analysis

The definition of "tobacco products" contained in the sub-decree on Smoking aligns with the definition provided in FCTC Art. 1(f).

Not Applicable
Not Applicable
Indoor or Enclosed View Definition

Any space covered by a roof or enclosed by one or more walls or sides, regardless of the type of material used for the roof, walls or sides, and regardless of whether the structure is permanent or temporary. (FCTC Art. 8 Guidelines para. 19)

Defined
Yes
Analysis

The Sub-Decree on Smoking contains a definition of "enclosed public place" which is, essentially, a definition of "enclosed." (The sub-decree contains a separate definition of "public place.") The definition contained in the law aligns with the definition of "indoor" or "enclosed" provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Cambodia
All indoor workplaces
Smoking is Restricted
“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 Sub-Decree on Smoking, Art. 7, prohibits smoking "in buildings." This is interpreted as prohibiting smoking in all indoor workplaces and public places because Art. 3 states that the scope of the sub-decree covers all workplaces and public places in Cambodia. However, the law (Art. 13) provides an exemption for airports, which may have a designated smoking room. Due to this one exemption, the regulatory status code "Smoking is Restricted" is given.

To fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including airports.

Not Applicable
Not Applicable
All indoor public places
Smoking is Restricted
“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 Sub-Decree on Smoking, Art. 7, prohibits smoking "in buildings." This is interpreted as prohibiting smoking in all indoor workplaces and public places because Art. 3 states that the scope of the sub-decree covers all workplaces and public places in Cambodia. However, the law (Art. 13) provides an exemption for airports, which may have a designated smoking room. Due to this one exemption, the regulatory status code "Smoking is Restricted" is given.

To fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including airports.

Not Applicable
Not Applicable
All public transport
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Sub-Decree on Smoking prohibits smoking on public transportation. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking on public transport.

Not Applicable
Not Applicable
Government facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Sub-Decree on Smoking prohibits smoking "in buildings" (Art. 7), which applies to all workplaces and public places (Art. 3). This is interpreted as prohibiting smoking in government owned or operated facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in government facilities.

Not Applicable
Not Applicable
Private offices
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Sub-Decree on Smoking prohibits smoking "in buildings" (Art. 7), which applies to all workplaces and public places (Art. 3). The definition of "workplace" encompasses private offices. Therefore, the law is interpreted as prohibiting smoking in private offices.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in private offices.

Not Applicable
Not Applicable
Hospitals
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Sub-Decree on Smoking prohibits smoking on "the whole campuses of health facilities." Therefore, smoking is prohibited in hospitals.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in hospitals.

Not Applicable
Not Applicable
Residential healthcare facilities - public areas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Sub-Decree on Smoking prohibits smoking on "the whole campuses of health facilities." Therefore, smoking is prohibited in residential healthcare facilities, including their public areas.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in public areas of residential healthcare facilities.

Not Applicable
Not Applicable
Non-residential healthcare facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Sub-Decree on Smoking prohibits smoking on "the whole campuses of health facilities." 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 smoking in non-residential healthcare facilities.

Not Applicable
Not Applicable
Childcare facilities/preschools
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Sub-Decree on Smoking prohibits smoking on "the whole campuses of . . . educational facilities [and] nurseries." The definition of "educational facilities" includes preschools/kindergartens. 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 smoking in childcare facilities and preschools.

Not Applicable
Not Applicable
Primary and secondary schools
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Sub-Decree on Smoking prohibits smoking on "the whole campuses of . . . educational facilities." 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 smoking in primary and secondary schools.

Not Applicable
Not Applicable
Universities/vocational facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Sub-Decree on Smoking prohibits smoking on "the whole campuses of . . . educational facilities." 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 smoking in universities and vocational facilities.

Not Applicable
Not Applicable
Shops
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Sub-Decree on Smoking prohibits smoking "in buildings" (Art. 7), which applies to all workplaces and public places (Art. 3). This is interpreted as prohibiting smoking in indoor shops.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in shops.

Not Applicable
Not Applicable
Cultural facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Sub-Decree on Smoking prohibits smoking on "the whole campuses of . . . historical [and] cultural" facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in cultural facilities.

Not Applicable
Not Applicable
Indoor stadium/arenas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Sub-Decree on Smoking prohibits smoking "in buildings" (Art. 7), which applies to all workplaces and public places (Art. 3). This is interpreted as prohibiting smoking in indoor stadiums and arenas.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in indoor stadiums and arenas.

Not Applicable
Not Applicable
Restaurants
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Sub-Decree on Smoking prohibits smoking "in buildings" (Art. 7), which applies to all workplaces and public places (Art. 3). This is interpreted as prohibiting smoking in indoor restaurants.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in restaurants.

Not Applicable
Not Applicable
Bars/pubs/nightclubs
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Sub-Decree on Smoking prohibits smoking "in buildings" (Art. 7), which applies to all workplaces and public places (Art. 3). This is interpreted as prohibiting smoking in indoor bars, pubs, and nightclubs.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in bars, pubs, and nightclubs.

Not Applicable
Not Applicable
Casinos
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Sub-Decree on Smoking prohibits smoking "in buildings" (Art. 7), which applies to all workplaces and public places (Art. 3). This is interpreted as prohibiting smoking in indoor casinos.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in casinos.

Not Applicable
Not Applicable
Hotels/lodging - public areas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Sub-Decree on Smoking prohibits smoking "in buildings" (Art. 7), which applies to all workplaces and public places (Art. 3). This is interpreted as prohibiting smoking in indoor public areas of hotels.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in public areas of hotels.

Not Applicable
Not Applicable
Hotels/lodgings - guest rooms
Uncertain
“Uncertain”: The smoke free status of the place is uncertain due to lack of clarity in the law or inability to obtain all relevant laws.
Analysis

The Sub-Decree on Smoking prohibits smoking "in buildings" (Art. 7), which applies to all workplaces and public places (Art. 3). This is interpreted as prohibiting smoking in hotels. However, because the law does not specifically address guest rooms of hotels, the regulatory status code "Uncertain" is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should make clear that smoking is prohibited in all parts of hotels, including guest rooms.

Not Applicable
Not Applicable
Prisons/detention facilities - public areas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Sub-Decree on Smoking prohibits smoking "in buildings" (Art. 7), which applies to all workplaces and public places (Art. 3). This 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 smoking in public areas of prisons and detention facilities.

Not Applicable
Not Applicable
Trains, buses and other shared ground transportation other than taxis
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Sub-Decree on Smoking prohibits smoking on all public transportation. Public transportation is defined as "all types of vehicles such as cars, trains, ships or boats, airplanes used or accessed by general public." Although "buses" are not specifically mentioned, buses are captured under "all types of vehicles." Therefore, smoking is prohibited on trains, buses, and other shared ground transportation.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in shared ground transportation.

Not Applicable
Not Applicable
Taxis (for-hire vehicle)
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Sub-Decree on Smoking prohibits smoking on all public transportation. Public transportation is defined as "all types of vehicles such as cars, trains, ships or boats, airplanes used or accessed by general public." Therefore, smoking is prohibited in taxis.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in taxis.

Not Applicable
Not Applicable
Commercial aircraft
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Sub-Decree on Smoking prohibits smoking on all public transportation. Public transportation is defined as "all types of vehicles such as cars, trains, ships or boats, airplanes used or accessed by general public." Therefore, smoking is prohibited in commercial aircraft.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in commercial aircraft.

Not Applicable
Not Applicable
Commercial watercraft
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Sub-Decree on Smoking prohibits smoking on all public transportation. Public transportation is defined as "all types of vehicles such as cars, trains, ships or boats, airplanes used or accessed by general public." Therefore, smoking is prohibited in commercial watercraft.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in commercial watercraft.

Not Applicable
Not Applicable
Public transport facilities (waiting areas for mass transit)
Smoking is Restricted
“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 Sub-Decree on Smoking prohibits smoking "in buildings" (Art. 7), which applies to all workplaces and public places (Art. 3). However, designated smoking rooms are permitted in airports under Art. 13. Due to this exemption, the regulatory status code "Smoking is Restricted" is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all public transport facilities, including airports.

Not Applicable
Not Applicable
Cambodia
Does the law require any outdoor or quasi-outdoor spaces to be smoke free or restrict smoking in any way?
Yes
Yes
Not Applicable
Not Applicable
Cambodia
Post signs
Yes
Yes
Analysis

The Sub-Decree on Smoking requires managers or owners of public places and workplaces to post no-smoking signs. The sub-decree also authorizes the Minister of Health to issue regulations regarding the posting of signs; however, such a regulation has not been issued. The sub-decree itself does not contain penalties for failure to post signs. However, penalties could be included in future regulation on signs.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law or future regulations should contain penalties for failure to post signs. These penalties could include fines, license suspension or revocation, or other appropriate penalties, and should be commensurate with the severity of the violation.

Not Applicable
Not Applicable
Remove ashtrays
Yes
Yes
Analysis

The law prohibits ashtrays in places where smoking is prohibited. Managers or owners who violate this provision are subject to a fine of 50,000 riel. For repeat violations, fines are doubled.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes penalties for failure to remove ashtrays, with increasing penalties for repeat violations. To more fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the drafters should consider imposing licenses suspension or revocation for violations as well.

Not Applicable
Not Applicable
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
Yes
Yes
Analysis

The law requires managers or owners of workplaces and public places to instruct smokers not to smoke and to "cooperate with authorities to take timely action." Violators are subject to a fine of 50,000 riel. For repeat violations, fines are doubled.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes penalties for failure to take steps to require a person to stop smoking, with increasing penalties for repeat violations. To more fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the drafters should consider imposing licenses suspension or revocation for violations as well.

Not Applicable
Not Applicable
Not to smoke where prohibited
Yes
Yes
Analysis

The law requires a person not to smoke where prohibited. Violators are subject to a fine of 20,000 riel.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes fines on smokers who smoke where prohibited, and imposes larger penalties on business owners and managers, who generally have more resources.

Not Applicable
Not Applicable
Other
No
No
Not Applicable
Not Applicable
Cambodia
Are sub-national jurisdictions permitted to have smoke-free laws?
No
No
Not Applicable
Not Applicable