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Term --FCTC-Based Definition China
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

The hazards of tobacco smoke exposure in the workplace are not specifically addressed by laws or regulations/rules in China.

Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law. For example, if it is not clear what is considered a “workplace” , this may impair the ability of the law to fulfill FCTC Art. 8 requirements.

A definition of “workplace” or similar terms should be provided in accordance with

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

In 1997, six agencies jointly made the Rules on the Prohibition of Smoking in Public Transportation and Waiting Rooms in which types of public transportation are listed including train, boat, air plane, subway, light rail, bus, taxi, ferry, cable car, etc. To ensure comprehensive coverage and interpretation of the law, a definition of “public transport” or similar terms should be provided in accordance with the definition provided 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

Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law. For example, if it is not clear what is considered “second hand smoke” or “tobacco smoke” , this may impair the ability of the law to fulfill FCTC Art. 8 requirements.

A definition of “second hand smoke” or similar terms should be provided in accordance with the definition provided in the FCTC Art. 8 Guidelines.

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

Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law. For example, if it is not clear what is considered “second hand smoke” or “tobacco smoke” , this may impair the ability of the law to fulfill FCTC Art. 8 requirements.

A definition of “smoking” or similar terms should be provided in accordance with the definition 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)

Not Defined
No
Analysis

"Public place" is not defined in the MOH Implementation Rules banning smoking in public places. The MOH Implementation Rules implement the State Council’s Regulations on Public Places Sanitation Administration. The State Council Regulations also do not define “public place” but list 28 public places, such as hotels, cinemas, stadiums, museums, shops, waiting rooms, and public transportation as public places, thereby providing a definition of sorts applicable for applying the smoking ban in the MOH Implementation Rules.

To align with the FCTC Art. 8 Guidelines, a definition of “public place” should be provided in accordance with the FCTC Art. 8 Guidelines definition.

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))

Not Defined
No
Analysis

Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law. A definition of “tobacco product” should be provided in accordance with the FCTC definition.

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

The terms “indoor” and “enclosed” are not defined in these laws, regulations, or rules.

A definition of “indoor” or “enclosed” should be provided in accordance with the definition provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
China
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

Workplaces are not specifically addressed in Chinese law, but the Tobacco Monopoly Law requires that smoking be prohibited or restricted in indoor “public places” and public transportation in general and the MOH Implementation Rules require that specified indoor “public places” are smoke free. These public places also serve as places of work.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% smoke free indoor workplaces and, therefore, does not provide for effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor workplaces to be 100% smoke free. FCTC Art. 8 Guidelines para. 24 provides that Parties have a continuous obligation to remove any exemptions as soon as possible, and each Party should strive to provide universal protection within five years of the WHO Framework Convention’s entry into force for that Party.

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 Tobacco Monopoly Law requires that smoking be prohibited or restricted in public places and public transportation in general, and the MOH Implementation Rules on the Regulations on Public Places Sanitation Administration prohibit smoking in the 28 indoor public places listed in the State Council Regulations.

The laws do not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because they do not provide for 100% smoke free environments in all indoor public places and, therefore, do not provide effective universal protection from exposure to tobacco smoke. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law and rules should require all parts of all indoor public places to be 100% smoke free. FCTC Art. 8 Guidelines para. 24 provides that Parties have a continuous obligation to remove any exemptions as soon as possible, and each Party should strive to provide universal protection within five years of the WHO Framework Convention’s entry into force for that Party. 

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 Tobacco Monopoly Law requires that smoking be either prohibited or restricted in public places and public transportation in general. The MOH Implementation Rules on the Regulations on Public Places Sanitation Administration prohibit smoking in public places, including public transport. Other relevant rules prohibit smoking in public transport, but allow smoking rooms or smoking areas in transportation that run long hours. Smoking in commercial aircraft is only prohibited in passenger cabins and toilets for domestic flights, and in designated non-smoking areas of passenger cabins and toilets in international flights. However, in practice, smoking is prohibited in passenger cabins and toilets in both domestic and international flights. Some local regulations prohibit smoking in all public transport.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transportation because it does not provide for 100% smoke free public transportation and, therefore, does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, all applicable measures should be consistent in requiring all parts of all means of public transportation to be 100% smoke free. FCTC Art. 8 Guidelines para. 24 provides that Parties have a continuous obligation to remove any exemptions as soon as possible, and each Party should strive to provide universal protection within five years of the WHO Framework Convention’s entry into force for that Party.

Not Applicable
Not Applicable
Government 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

Although some places listed as smoke free public places in the applicable laws are owned by the government, and some local legislation prohibits smoking in common areas of government facilities, such as meeting rooms and cafeterias, there is no requirement for all government facilities to be 100% smoke free indoors. Therefore, the regulatory status code "Smoking is Restricted" is given.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to government facilities because all government facilities are not required to be 100% indoor smoke free indoors and, therefore, universal and effective protection from exposure to tobacco smoke is not provided. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free. FCTC Art. 8 Guidelines para. 24 provides that Parties have a continuous obligation to remove any exemptions as soon as possible, and each Party should strive to provide universal protection within five years of the WHO Framework Convention’s entry into force for that Party.

Not Applicable
Not Applicable
Private offices
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 does not cover smoking in private offices, but instead only addresses smoking in indoor public places, which includes public transport. Therefore, smoking is not restricted in private offices.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor workplaces, including private offices, to be 100% smoke free.

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

Only waiting areas/rooms in hospitals are required to be smoke free according to the MOH Implementation Rules on the Regulations on Public Places Sanitation Administration, read in conjunction with the State Council Regulations on Public Places Sanitation Administration. However, the MOH also issued a decision requiring all medical facilities to be smoke free and the MOH has the authority to implement/enforce this decision and is doing so.

To better align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to hospitals, all applicable measures should clearly and consistently provide a requirement for completely smoke free 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

Only medical waiting rooms are required to be smoke free according to the MOH Implementation Rules on the Regulations on Public Places Sanitation Administration, read in conjunction with the State Council Regulations on Public Places Sanitation Administration. However, the MOH issued a decision prohibiting smoking in all medical facilities, which is interpreted as including residential healthcare facilities and this decision is being implemented.

To better align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, all applicable measures should provide a clear and consistent requirement for completely smoke free residential healthcare facilities, including public areas.

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

Medical, dental, and other outpatient clinics can be interpreted as health facilities in China. Thus, only waiting areas/rooms in these facilities are required to be smoke free according to the MOH Implementation Rules on the Regulations on Public Places Sanitation Administration. However, the MOH also issued a decision requiring all medical facilities to be 100% smoke free. Some of the local regulations require all health facilities to be smoke free.

To better align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, all applicable measures should provide a clear and consistent requirement for completely smoke free healthcare facilities, both residential and non-residential.

Not Applicable
Not Applicable
Childcare facilities/preschools
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 on the Protection of Minors provides that no one shall smoke in classrooms, bedrooms, and activity rooms in middle schools, primary schools, kindergartens, childcare facilities, and other places where juveniles collectively participate in activities. The law lists areas in these facilities that are required to be smoke free. This can be interpreted as permitting smoking in the areas in these facilities that are not listed in the law. Some local regulations require both indoor and outdoor areas of childcare facilities/preschools to be smoke free.

The Ministry of Education and Ministry of Health jointly issued a document (Opinions on Further Strengthening School Tobacco Control Work, MOE Education Sports Arts Division No. 5 of 2010) requiring indoor and outdoor smoke free environments in primary and middle schools but it is not being implemented.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to childcare facilities/preschools because it does not provide for 100% indoor smoke free environments in those places and, therefore, fails to provide universal and effective protection. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that all parts of all childcare facilities/preschools to be 100% smoke free. FCTC Art. 8 Guidelines para. 24 provides that Parties have a continuous obligation to remove any exemptions as soon as possible, and each Party should strive to provide universal protection within five years of the WHO Framework Convention’s entry into force for that Party.

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 on the Protection of Minors provides that no one shall smoke in classrooms, bedrooms, and activity rooms in middle schools, primary schools, kindergartens, childcare facilities, and other places where juveniles collectively participate in activities. The law lists areas in these facilities that are required to be smoke free. This can be interpreted as permitting smoking in the areas in these facilities that are not listed in the law. Some local regulations require both indoor and outdoor areas of childcare facilities/preschools to be smoke free. The Ministry of Education and Ministry of Health jointly issued a document (Opinions on Further Strengthening School Tobacco Control Work, MOE Education Sports Arts Division No. 5 of 2010) requiring indoor and outdoor smoke free environments in primary and middle schools but it is not being implemented.

FCTC Art. 8 Guidelines para. 24 provides that Parties have a continuous obligation to remove any exemptions as soon as possible, and each Party should strive to provide universal protection within five years of the WHO Framework Convention’s entry into force for that Party.

Not Applicable
Not Applicable
Universities/vocational facilities
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 does not address smoking in universities/vocational facilities. Although the Ministry of Education and Ministry of Health jointly issued a document (Opinions on Further Strengthening School Tobacco Control Work, MOE Education Sports Arts Division No. 5 of 2010) requiring smoke free environments in indoor places such as teaching and learning areas, administration areas, libraries, etc. in tertiary schools, it is not being implemented.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, all applicable measures should clearly and consistently require all parts of all universities/vocational facilities to be 100% smoke free. FCTC Art. 8 Guidelines para. 24 provides that Parties have a continuous obligation to remove any exemptions as soon as possible, and each Party should strive to provide universal protection within five years of the WHO Framework Convention’s entry into force for that Party.

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

Smoking is prohibited in public places including, specifically, shops according to the MOH Implementation Rules on the Regulations on Public Places Sanitation Administration, read in conjunction with the State Council Regulations on Public Places Sanitation Administration.

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

Smoking is prohibited in public places, including specifically libraries, museums, art galleries, cinemas, and concert halls.

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 MOH Implementation Rules, read in conjunction with the State Council Regulations, prohibit smoking in public places, including specifically sport stadiums.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor sports stadiums.

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 MOH Implementation Rules on the Regulations on Public Places Sanitation Administration, read in conjunction with the State Council Regulations, require smoking be prohibited in public places, including specifically restaurants. Some local legislation allows for designated smoking areas, although it is unclear if this legislation can be implemented to override MOH rules.

The MOH rules align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to 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

Smoking is prohibited in public places including specifically bars and pubs according to the MOH Implementation Rules on the Regulations on Public Places Sanitation Administration, read in conjunction with the State Council Regulations. Some local legislation allows bars and pubs to have designated smoking areas, although it is unclear if this legislation can be implemented to override MOH rules.

The MOH rules align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to bars and pubs.

Not Applicable
Not Applicable
Casinos
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

We understand that there are very few casinos in mainland China and we do not have enough information to evaluate the smoke free status of casinos throughout China.

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

Smoking is prohibited in public places including specifically hotels according to the MOH Implementation Rules on the Regulations on Public Places Sanitation Administration, read in conjunction with the State Council Regulations.

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

Smoking is prohibited in public places including specifically hotels according to the MOH Implementation Rules on the Regulations on Public Places Sanitation Administration, read in conjunction with the State Council Regulations. The rules and regulations, however, make no mention of hotel rooms. Accordingly, the regulatory status of guest rooms in hotels is “Uncertain.”

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces, including guest rooms in hotels and other lodging, to be 100% smoke free.

Not Applicable
Not Applicable
Prisons/detention facilities - public areas
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 does not cover smoking in prisons/detention facilities. This can be interpreted that smoking is allowed in these places.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that all parts of all prisons/detention facilities be 100% smoke free.

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 MOH Implementation Rules on the Regulations on Public Places Sanitation Administration prohibit smoking in indoor public places, including specifically public transport. In addition, another set of rules, issued jointly by six ministries, prohibits smoking in listed types of public transport including trains, watercraft, commercial aircraft, light rails, buses, cable cars, and taxis. However, these rules allow designating smoking areas in these listed means of public transport. Because the jointly issued rules come from transportation ministries and particularly address transportation, they prevail over the MOH Rules.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because some applicable measures do not provide for 100% smoke free public transportation and, therefore, do not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, all applicable measures should require that all parts of all means of public transportation be 100% smoke free. FCTC Art. 8 Guidelines para. 24 provides that Parties have a continuous obligation to remove any exemptions as soon as possible, and each Party should strive to provide universal protection within five years of the WHO Framework Convention’s entry into force for that Party.

Not Applicable
Not Applicable
Taxis (for-hire vehicle)
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 MOH Implementation Rules on the Regulations on Public Places Sanitation Administration, read in conjunction with the State Council Regulations, prohibit smoking in indoor public places including specifically public transport. In addition, another set of rules, issued jointly by six ministries, prohibits smoking in listed types of public transport, including taxis, but allow designating smoking areas. It is unclear how a taxi could have a designated smoking area in it.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, all applicable measures should require that all parts of all means of public transportation be 100% smoke free. FCTC Art. 8 Guidelines para. 24 provides that Parties have a continuous obligation to remove any exemptions as soon as possible, and each Party should strive to provide universal protection within five years of the WHO Framework Convention’s entry into force for that Party.

Not Applicable
Not Applicable
Commercial aircraft
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 MOH Implementation Rules on the Regulations on Public Places Sanitation Administration, read in conjunction with the State Council Regulations, prohibit smoking in indoor public places including specifically public transport. In addition, another set of rules, jointly issued by six ministries, prohibits smoking in public transport, but allows smoking rooms or smoking areas in transportation that runs long hours. Smoking in commercial aircraft is only prohibited in passenger cabins and toilets for domestic flights, and in designated non-smoking areas of passenger cabins and toilets in international flights. However, in reality, smoking is prohibited in passenger cabins and toilets in both domestic and international flights. Some local regulations prohibit smoking in all public transport.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, all applicable measures should require that all parts of all means of public transportation be 100% smoke free. FCTC Art. 8 Guidelines para. 24 provides that Parties have a continuous obligation to remove any exemptions as soon as possible, and each Party should strive to provide universal protection within five years of the WHO Framework Convention’s entry into force for that Party.

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 MOH Implementation Rules on the Regulations on Public Places Sanitation Administration, read in conjunction with the State Council Regulations, prohibit smoking in indoor public places including specifically public transport. In addition, another set of rules, jointly issued by six ministries, prohibits smoking in public places such as seating cabins, bedroom cabins, meeting rooms, and libraries in commercial watercraft. This can be interpreted that smoking is allowed in other areas of the watercraft.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, all applicable measures should require that all parts of all means of public transportation be 100% smoke free. FCTC Art. 8 Guidelines para. 24 provides that Parties have a continuous obligation to remove any exemptions as soon as possible, and each Party should strive to provide universal protection within five years of the WHO Framework Convention’s entry into force for that Party.

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 MOH Implementation Rules, read in conjunction with the State Council Regulations, require transportation waiting rooms to be completely smoke free, but an additional set of rules issued jointly by six ministries prohibits smoking in waiting rooms in all kinds of public transport stations, ports, and airports, except in designated areas. Therefore, smoking is only partially banned in public transport facilities.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, all applicable measures should require that all parts of all means of public transportation, including all parts of public transport facilities, be 100% smoke free. FCTC Art. 8 Guidelines para. 24 provides that Parties have a continuous obligation to remove any exemptions as soon as possible, and each Party should strive to provide universal protection within five years of the WHO Framework Convention’s entry into force for that Party.

Not Applicable
Not Applicable
China
Does the law require any outdoor or quasi-outdoor spaces to be smoke free or restrict smoking in any way?
No
No
Not Applicable
Not Applicable
China
Post signs
Yes
Yes
Analysis

The jointly issued rules and the Ministry of Health (MOH) Implementation Rules provide that business owners and managers bear the responsibility to post obvious no smoking signs. The jointly issued rules provide sanctions including fines, an order to correct, a warning, and the revocation of awarded honorable title for violating these duties. The MOH Implementation Rules do not, however, provide sanctions. To fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the format and the content of the signs should be determined by the health authorities or other relevant government agencies, include a reporting mechanism for violations, and impose penalties to deter business violators.

Not Applicable
Not Applicable
Remove ashtrays
Yes
Yes
Analysis

The Rules require business owners and managers not to put out ashtrays. The rules provide not only fines but also other sanctions including an order to correct, a warning, and the revocation of awarded honorable title for violating these duties. The Ministry of Health (MOH) Implementation Rules, covering 28 listed public places, do not have a requirement to remove ashtrays, however. To fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, all applicable measures should clearly impose a duty upon business owners, managers, or other persons in charge of the premises to remove ashtrays from the premises.

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

The jointly issued rules and the Ministry of Health (MOH) Implementation Rules require business owners and employees to require a person to stop smoking. The jointly issued rules provide not only fines but also other sanctions including an order to correct, a warning, and the revocation of awarded honorable title for violating these duties in the places covered by these rules. It is not clear whether the MOH Implementation Rules apply penalties for a breach. To fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, all applicable measures should impose an enforceable duty upon business owners, employers, or supervisors to take steps to require a person to stop smoking in all places where smoking is prohibited.

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

The jointly issued rules impose fines on those smoking in smoke free places; however, these fines are low. The Ministry of Health (MOH) Implementation Rules do not apply penalties against smokers. To fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, all applicable measures should impose sufficiently high fines to be sure they are effective.

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