Last updated: September 23, 2021
Duties / Penalties
Post signs
Decree No. 28 requires legal entities and individual entrepreneurs to post “No Smoking” signs in the smoke-free places under their ownership/management. Resolution No. 35 includes a sample sign and specifies where signs must be posted. In addition, the MOH Rules No. 111 require that “No Smoking” signs are posted in pedestrian underpasses adjacent to subway stations. However, it is not clear what penalties apply to violations of the duty to post signs.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose penalties for violations of this duty.
Remove ashtrays
The law does not impose a duty upon business owners, employers or supervisors to remove ashtrays.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon business owners, employers or supervisors to remove ashtrays and impose penalties for violations of that duty.
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
The law does not impose a duty upon business owners, employers or supervisors to take steps to require a person to stop smoking.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon business owners, employers or supervisors to take steps to require a person to stop smoking and impose penalties for violations of that duty.
Other
Presidential Decree No. 28 requires posting signs to indicate the location of a designated smoking location, and the sign should state “Smoking Area.”
Not to smoke where prohibited
The Code of Administrative Offenses imposes a fine of up to four hundred “base units” upon smokers who smoke in areas where smoking is prohibited.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to imposing fines on smokers who smoke in prohibited areas.
