LANGUAGE
Last updated: June 12th 2018

Smoke Free Status of Indoor Public Places, Workplaces, and Public Transport

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 and related administrative order prohibit smoking in indoor workplaces, but permit designated smoking rooms in certain places, including airports, hotels, restaurants, bars, and the like. However, designated smoking rooms are not permitted in other indoor workplaces and public places which are required to be 100% smoke free, especially inside public or private educational institutions, centers for training or apprenticeship or athletic activities of minors, or in health institutions.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines due to the fact that it permits the designation of smoking areas in certain indoor workplaces. 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.

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 and related administrative order prohibit smoking in enclosed and covered public places and places subject to collective use, but permit designated smoking rooms in certain places, including airports, hotels, restaurants, bars, and the like. However, designated smoking rooms are not permitted in other indoor workplaces and public places which are required to be 100% smoke free, especially inside public or private educational institutions, centers for training or apprenticeship or athletic activities of minors, or in health institutions.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines due to the fact that it permits the designation of smoking areas in certain indoor public places. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places to be 100% smoke free.

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 and related administrative order prohibit smoking on public transport. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transport. However, to clarify the scope of the ban and aid in enforcement, the law should contain a definition of “public transport” in accordance with the definition contained in the FCTC Art. 8 Guidelines.

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 and administrative order prohibit smoking in indoor public places and workplaces, but permit designated smoking rooms in certain places, including airports, hotels, restaurants, bars, and the like. The law specifically cites public offices in a list of places where designated areas cannot be reserved for smoking. Therefore, government facilities are 100% smoke free.

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

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 and administrative order prohibit smoking in indoor public places and workplaces, but permit designated smoking rooms in certain places, including airports, hotels, restaurants, bars, and the like. The law specifically cites hospital institutions in a list of places that must be smoke free. Additionally, the administrative order includes a specific article stating that smoking areas may not be set up in healthcare institutions. Therefore, hospitals are 100% smoke free.

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

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 and administrative order prohibit smoking in indoor public places and workplaces, but permit designated smoking rooms in certain places, including airports, hotels, restaurants, bars, and the like. Public areas of residential healthcare facilities are not included in the list of exceptions where a designated area can be reserved for smoking. Additionally, the administrative order includes a specific article stating that smoking areas may not be set up in healthcare institutions. Therefore, public areas in residential healthcare facilities are 100% smoke free.

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

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 and administrative order prohibit smoking in indoor public places and workplaces, but permit designated smoking rooms in certain places, including airports, hotels, restaurants, bars, and the like. Non-residential healthcare facilities are not included in the list of exceptions where a designated area can be reserved for smoking. Additionally, the administrative order includes a specific article stating that smoking areas may not be set up in healthcare institutions. Therefore, non-residential healthcare facilities are 100% smoke free.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to non-residential healthcare facilities.

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 and administrative order prohibit smoking in indoor public places and workplaces, but permit designated smoking rooms in certain places, including airports, hotels, restaurants, bars, and the like. The administrative order includes a specific article stating that smoking areas may not be set up in public or private educational institutions or in establishments intended to be regularly used for the reception or activities of minors. Additionally, the law specifically cites educational institutions in a list of places which must be 100% smoke free.

Therefore, the law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to childcare facilities.

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 and administrative order prohibit smoking in indoor public places and workplaces, but permit designated smoking rooms in certain places, including airports, hotels, restaurants, bars, and the like. The administrative order includes a specific article stating that smoking areas may not be set up in public or private educational institutions or in establishments intended to be regularly used for the reception or activities of minors. Additionally, the law specifically cites educational institutions in a list of places which must be 100% smoke free.

Therefore, the law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to primary and secondary schools.

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 and administrative order prohibit smoking in indoor public places and workplaces, but permit designated smoking rooms in certain places, including airports, hotels, restaurants, bars, and the like. The administrative order includes a specific article stating that smoking areas may not be set up in public or private educational institutions. Additionally, the law specifically cites educational institutions in a list of places which must be 100% smoke free.

Therefore, the law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to universities and vocational facilities.

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 and administrative order prohibit smoking in indoor public places and workplaces, but permit designated smoking rooms in airports, hotels, restaurants, bars, and the like. Shops are not included in the list of exceptions where a designated area can be reserved for smoking. Therefore, shops are 100% smoke free.

Therefore, the law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to shops.

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 and administrative order prohibit smoking in indoor public places and workplaces, but permit designated smoking rooms in certain places, including airports, hotels, restaurants, bars, and the like. The law specifically cites venues for public spectacles, cinemas, movie theaters, concerts, and libraries in a list of places which must be 100% smoke free. Furthermore, cultural facilities are not included in the list of exceptions where a designated area can be reserved for smoking. Therefore, cultural facilities are 100% smoke free.

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

Indoor stadium/arenas

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 and administrative order prohibit smoking in indoor public places and workplaces, but permit designated smoking rooms in certain places, including airports, hotels, restaurants, bars, and the like. The law specifically cites venues for athletic events in a list of places which must be 100% smoke free. Furthermore, indoor stadiums and arenas are not included in the list of exceptions where a designated area can be reserved for smoking. Therefore, indoor stadiums and arenas are 100% smoke free.

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

Restaurants

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 and administrative order prohibit smoking in indoor public places and workplaces, but permit designated smoking rooms in certain places, including airports, hotels, restaurants, bars, and the like. In restaurants, a separate room may be reserved for smokers, subject to certain technical requirements.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines due to the fact that it allows designated smoking areas in restaurants. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require restaurants to be 100% smoke free.

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 and administrative order prohibit smoking in indoor public places and workplaces, but permit designated smoking rooms in certain places, including airports, hotels, restaurants, bars, and the like. In bars, pubs, and nightclubs, a separate room may be reserved for smokers, subject to certain technical requirements.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines due to the fact that it allows designated smoking areas in bars, pubs, and nightclubs. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require bars, pubs, and nightclubs to be 100% smoke free.

Casinos

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 and administrative order prohibit smoking in indoor public places and workplaces, but permit designated smoking rooms in certain places, including airports, hotels, restaurants, bars, and the like. In casinos, a separate room may be reserved for smokers, subject to certain technical requirements.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines due to the fact that it allows designated smoking areas in casinos. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require casinos to be 100% smoke free.

Hotels/lodging - public areas

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 and administrative order prohibit smoking in indoor public places and workplaces, but permit designated smoking rooms in certain places, including airports, hotels, restaurants, bars, and the like. In public areas of hotels, a separate room may be reserved for smokers, subject to certain technical requirements.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines due to the fact that it allows designated smoking areas in hotels. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require the public areas of hotels to be 100% smoke free.

Hotels/lodgings - guest rooms

Uncertain
The smoke free status of the place is uncertain due to the lack of clarity in the law or inability to obtain all relevant laws.
Analysis

The law and administrative order prohibit smoking in indoor public places and workplaces, but permit designated smoking rooms in certain places, including airports, hotels, restaurants, bars, and the like.

Guest rooms in hotels are not specifically addressed. Therefore, the regulatory status “Uncertain” is assigned.

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, specifically including guest rooms in hotels and other lodging, to be 100% smoke free.

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 and administrative order prohibit smoking in indoor public places and workplaces, but permit designated smoking rooms in certain places, including airports, hotels, restaurants, bars, and the like. Prisons and detention facilities are not included in the list of exceptions where a designated area can be reserved for smoking. Therefore, public areas of prisons and detention facilities are 100% smoke free

Therefore, the legislation aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of prisons and detention facilities.

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 public surface transportation and the administrative order applies the smoking ban to all means of public transportation. 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 trains, buses, and shared ground transportation.

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 public surface transportation and the administrative order applies the smoking ban to all means of public transportation. Although “public transportation” is not defined, this provision is interpreted as prohibiting smoking in taxis.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to taxis. However, to clarify the scope of the ban and aid in enforcement, the law should contain a definition of “public transport” in accordance with the definition contained in the FCTC Art. 8 Guidelines.

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 administrative order prohibits smoking in means of public transportation. This includes commercial aircraft.

Therefore, the law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial aircraft.

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 administrative order prohibits smoking in means of public transportation. Additionally, the law specifically prohibits smoking in boats, motor launches, and canoes as places subject to common use. Therefore, smoking is prohibited on commercial watercraft.

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

Public transport facilities (waiting areas for mass transit)

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 and administrative order prohibit smoking in indoor public places and workplaces, but permit designated smoking rooms in certain places, including airports, hotels, restaurants, bars, and the like.

The administrative order permits designated smoking areas in airports, bus stations, train stations, ship terminals, and docks, subject to certain technical requirements. Therefore, public transport facilities are not 100% smoke free as separate smoking rooms may be designated in many public transport facilities.

The legislation does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines due to the fact that it allows designated smoking areas in all public transport facilities. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all public transport facilities to be 100% smoke free.

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 and administrative order prohibit smoking in indoor public places and workplaces, but permit designated smoking rooms in certain places, including airports, hotels, restaurants, bars, and the like. The law specifically cites private offices in a list of places that must be smoke free.

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

Elevators

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 and administrative order prohibit smoking in indoor public places and workplaces, but permit designated smoking rooms in certain places, including airports, hotels, restaurants, bars, and the like. The law specifically cites elevators in a list of places that must be smoke free.

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