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Term --FCTC-Based Definition Myanmar
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)

Not Defined
No
Analysis
Having no definition for this key term makes interpretation of many provisions difficult. Because this can hamper application and implementation of FCTC Art. 8 and the FCTC Art. 8 Guidelines, a definition of “workplace” should be provided in accordance with 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)

Not Defined
No
Analysis
Having no definition for this key term makes interpretation of many provisions difficult. Because this can hamper application and implementation of FCTC Art. 8 and the FCTC Art. 8 Guidelines, a definition of “public transport” should be provided in accordance with 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 use the term "second hand smoke," so defining it is not necessary.
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)

Not Defined
No
Analysis
Having no definition for this key term makes could limit application of the smoking ban, a definition of “smoking” should be provided in accordance with 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)

Not Defined
No
Analysis
Having no definition for this key term makes interpretation of many provisions difficult. Because this can hamper application and implementation of FCTC Art. 8 and the FCTC Art. 8 Guidelines, a definition of “public place” should be provided in accordance with 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 product” captures the main elements of the FCTC definition in accordance with 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)

Not Defined
No
Analysis
Having no definition for this key term makes interpretation of many provisions difficult. Because this can hamper application and implementation of FCTC Art. 8 and the FCTC Art. 8 Guidelines, a definition of “indoor” or “enclosed” should be provided in accordance with the FCTC Art. 8 Guidelines.
Not Applicable
Not Applicable
Myanmar
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 law bans smoking in a list of public places, workplaces, and transportation but allows smoking in private rooms and offices in office and department buildings, factories and workshops, places of lodging, public transportation terminals, trains and vessels, and restaurants, and other places as prescribed by the Ministry of Health. In places where smoking is allowed in private rooms and offices, smoking is also permitted in designated smoking areas, but these areas must be outside and at least ten meters away from the building entrance.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, smoking should be prohibited in all parts of all indoor workplaces.

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 law bans smoking in a list of public places, workplaces, and transportation but allows smoking in private rooms and offices in office and department buildings, factories and workshops, places of lodging, public transportation terminals, trains and vessels, and restaurants, and other places as prescribed by the Ministry of Health. In places where smoking is allowed in private rooms and offices, smoking is also permitted in designated smoking areas, but these areas must be outside and at least ten meters away from the building entrance.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, smoking should be prohibited in all parts of all indoor public places.

Not Applicable
Not Applicable
All public transport
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 law bans smoking in motor vehicles and aircraft for passenger transport but requires the designation of smoking areas in trains and vessels and other places as prescribed by the Ministry of Health.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, smoking should be prohibited in all parts of all 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 law does not specifically ban smoking in government facilities but does prohibit smoking in several types of places that provide government services, such as medical facilities, schools, museums, archives, and public transportation ports and terminals. In addition, the President's Letter instructs that smoking is prohibited in all government-owned buildings and offices. The letter applies to all ministries and government offices. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to government facilities.
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 law prohibits smoking in hospital buildings. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to 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 law prohibits smoking in hospitals and medical treatment centers and clinics, which is interpreted as including 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.
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 law prohibits smoking in medical treatment centers and clinics. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to 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 law prohibits smoking in children’s drill sheds and playgrounds and in teaching buildings, classrooms, offices, and other school buildings. The definition of “schools” in the law includes nursery schools and preschools. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to childcare facilities and preschools.
Not Applicable
Not Applicable
Primary and secondary schools
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 law prohibits smoking in teaching buildings, classrooms, offices, compounds, and other buildings in the compound except staff houses and apartments in the school compound. While this provision may protect school children from exposure to tobacco smoke, it does not protect staff in residence and, therefore, does not fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, smoking should be banned in all parts of all buildings on the school premises.
Not Applicable
Not Applicable
Universities/vocational facilities
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 law prohibits smoking in teaching buildings, classrooms, and offices of universities, degree colleges, colleges, and institutes, and teaching buildings and classrooms of private tuition classes and training schools. Because student housing, is not included in the prohibition, the ban is interpreted as excluding residence halls in all of the above facilities. Therefore, the law does not fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, smoking should be prohibited in all parts of all indoor public places and workplaces, including all indoor places on the campuses of university 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 law specifically bans smoking in marts, department stores, stores, and market sheds. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to 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 law specifically prohibits smoking in opera houses, cinema halls, video halls, and other buildings of entertainment, museums, archives, public libraries, and reading rooms. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to 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 law specifically prohibits smoking in stadiums and indoor playing fields. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor stadiums and arenas.
Not Applicable
Not Applicable
Restaurants
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 law prohibits smoking in public access areas in restaurants other than in smoking areas, which must be outside and at least ten meters away from the building entrance. Smoking in private offices and rooms is specifically allowed, however. The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, smoking should be prohibited in all parts of all indoor public places and workplaces, including all parts of restaurants.
Not Applicable
Not Applicable
Bars/pubs/nightclubs
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis
Bars/pubs/nightclubs are not included in the lists of places in which smoking is either prohibited or restricted. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, smoking should be prohibited in all parts of all indoor public places and workplaces, including bars, pubs, and nightclubs.
Not Applicable
Not Applicable
Casinos
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis
Casinos are not included in the lists of places in which smoking is either prohibited or restricted. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, smoking should be prohibited in all parts of all indoor public places and workplaces, including 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 law prohibits smoking in public access areas in places of lodging other than in smoking areas, which must be outside and at least ten meters away from the building entrance. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of places of lodging.
Not Applicable
Not Applicable
Hotels/lodgings - guest rooms
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis
The law specifically provides that smoking areas are allowed in private rooms of hotels and places of lodging. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, smoking should be prohibited in all parts of all indoor public places and workplaces, including hotel 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
Smoking is prohibited in all government-owned buildings and offices. This is interpreted as including prison buildings. The law aligns with FCTC Art. 8 and the Art. 8 Guidelines with respect to public areas of prisons.
Not Applicable
Not Applicable
Trains, buses and other shared ground transportation other than taxis
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 law specifically prohibits smoking in motor vehicles and aircraft for passenger transport, but allows for smoking in separate rooms or places in trains and vessels for passenger transport. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, smoking should be prohibited in all parts of all means of public transport.
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 law specifically prohibits smoking in motor vehicles and aircraft for passenger transport. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to 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 law specifically prohibits smoking in motor vehicles and aircraft for passenger transport. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial aircraft.
Not Applicable
Not Applicable
Commercial watercraft
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 law specifically allows smoking in separate smoking rooms or places in trains and vessels for passenger transport. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, smoking should be prohibited in all parts of all means of public transport.
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 law specifically allows smoking in private offices and rooms and designated smoking areas of railway stations, airports, ports and highway bus terminals. In addition, smoking is permitted in designated smoking areas, but these areas must be outside and at least ten meters away from the building entrance. The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, smoking should be prohibited in all parts of all indoor public places and workplaces, including all parts of public transport facilities.
Not Applicable
Not Applicable
Myanmar
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
Myanmar
Post signs
Yes
Yes
Analysis
Signs must be at least 18” x 12” and say “No-Smoking Area” in black against a white background and include the international no smoking symbol. Sanctions are a minimum fine of 1,000 kyats to a maximum of 3,000 kyats for the first offense and a minimum fine from 3,000 kyats to a maximum of 10,000 kyats for second and subsequent offenses.
Not Applicable
Not Applicable
Remove ashtrays
Yes
Yes
Analysis
There is no specific duty to remove ashtrays, but there is a duty to supervise and carry out measures so that no one smokes in the non-smoking areas, which is interpreted as encompassing a duty to remove ashtrays. Sanctions are a minimum fine of 1,000 kyats to a maximum of 3,000 kyats for the first offense and a minimum fine from 3,000 kyats to a maximum of 10,000 kyats for second and subsequent offenses.
Not Applicable
Not Applicable
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
Yes
Yes
Analysis
There are no specific steps persons in charge of the premises must take, but the law does require these persons to supervise and carry out measures so that no one smokes in the non-smoking areas, which is interpreted as encompassing a duty to take steps to require a person to stop smoking. Sanctions are a minimum fine of 1,000 kyats to a maximum of 3,000 kyats for the first offense and a minimum fine from 3,000 kyats to a maximum of 10,000 kyats for second and subsequent offenses.
Not Applicable
Not Applicable
Not to smoke where prohibited
Yes
Yes
Analysis
Violation incurs a fine from a minimum of 1,000 kyats to a maximum of 5,000 kyats.
Not Applicable
Not Applicable
Other
Yes
Yes
Not Applicable
Not Applicable
Myanmar
Are sub-national jurisdictions permitted to have smoke-free laws?
Uncertain
Uncertain
Not Applicable
Not Applicable