LANGUAGE

Circular No. 1 of 2019 of State Administration for Market Regulation and State Tobacco Monopoly Administration on Further Protection of Minors from Harm of E-cigarettes

COMMENTS: Circular No. 1 of 2019 of State Administration for Market Regulation and State Tobacco Monopoly Administration prohibits the online sale of e-cigarettes. However, this is a advisory notice and is not legally binding.

Notice No. 26 of 2018 of State Administration for Market Regulation and State Tobacco Monopoly Administration on Prohibition of Selling Electronic Cigarettes to Minors

COMMENTS: Notice No. 26 of 2018 of State Administration for Market Regulation and State Tobacco Monopoly Administration bans the sale of e-cigarettes to minors. However, this is an advisory notice and is not legally binding.

Rules on Cigarette Package Labeling in the Jurisdiction of the People's Republic of China

COMMENTS: The Rules on Cigarette Package Labeling in the Jurisdiction of the People's Republic of China were issued in 2015 to replace the previous rules issued in 2007. The rules require text-only health warnings to increase in size from 30% to 35% of the front and back display areas of cigarette packaging.

Ministry of Industry and Information Technology Decree No. 37, Tobacco Monopoly Licensing Management Regulations

COMMENTS: The Ministry of Industry and Information Technology's Tobacco Monopoly Licensing Management Regulations include a ban on the sale of tobacco products by vending machine and restrict the sale of tobacco products via the internet. The English Translation contains relevant excerpts only.

Ministry of Industry and Information Technology Decree No. 36, Rules on Permit for Transporting Tobacco Monopoly Products

English N/A English Translation N/A
July 20, 2016

Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. We are providing it here for informational purposes only.

MOH Implementation Rules on the Regulations on Public Places Sanitation (MOH Order No. 80)

COMMENTS: MOH Implementation Rules on the Regulations on Public Places Sanitation (MOH Order No. 80) prohibit smoking in the 28 indoor public places listed in the State Council Regulations on Public Places Sanitation Administration (1987).

Rules on Cigarette Package Labeling in the Territories of the People’s Republic of China

COMMENTS: The Rules on Cigarette Package Labeling in the Territories of the People’s Republic of China were jointly issued by the State Tobacco Monopoly Administration and the General Administration of Quality Supervision, Inspection and Quarantine in 2007. These rules were repealed in 2016 and replaced by newer text and specifications.

Law on the Protection of Minors (as amended)

COMMENTS: The Law on the Protection of Minors was enacted by the Standing Committee of the National People’s Congress in 1991, and amended in 2006. Article 27 of the law prohibits smoking in the classrooms, dormitories, and recreational rooms of primary and secondary schools, childcare facilities, and other places where minors gather.

Decision of the Standing Committee of the National People’s Congress on the Ratification of FCTC

COMMENTS: In August of 2005, the Standing Committee of the National People's Congress announced its decision to ratify the FCTC. Also in this announcement, the Congress prohibited automatic cigarette vending machines throughout the territory of the People’s Republic of China.

Regulations of the State Council on the Administration of Business Premises for Internet Access Services

COMMENTS: The Regulations on the Administration of Business Premises for Internet Access Services were promulgated by Decree No. 363 of the State Council on September 29, 2002, taking effect on November 15, 2002. The regulations govern businesses such as “Internet bars or computer lounges where Internet access services are provided to the general public . . . .” Related to tobacco control, the regulations prohibit smoking in these businesses and require no-smoking signs to be posted. The regulations also set forth the penalties for those business establishments in violation of these regulations.

Civil Aviation Administration Rules on the Prohibition of Smoking in Civil Airports and Civil Aircraft

English N/A English Translation N/A
Original Lang. N/A Original Lang. N/A
December 30, 1997

COMMENTS: The Civil Aviation Administration Rules on the Prohibition of Smoking in Civil Airports and Civil Aircraft were made in 1997 by the Civil Aviation Administration. The rules require that smoking areas be designated in civil airports and on international flights. The rules further establish that domestic flights are smoke free. In addition, the rules set forth penalties for violations.

Regulations on the Implementation of the Tobacco Monopoly Law (as amended)

COMMENTS: The Regulations on the Implementation of the Tobacco Monopoly Law were promulgated by Decree No. 223 of the State Council in July of 1997. The regulations elaborate upon a range of provisions in the Tobacco Monopoly Law, which was enacted in 1991. The regulations address topics such as applications for retail licenses, packaging requirements, and the transportation of tobacco products. Revised regulations were issued on February 6, 2016.

Rules on the Prohibition of Smoking in Public Transportation and Waiting Rooms (Jointly Issued by National Patriotic Health Campaign Committee, Ministry of Health, Ministry of Railway, Ministry of Transport, Ministry of Development, and Civil Aviation Administration)

English N/A English Translation N/A
May 1, 1997

COMMENTS: The Rules on the Prohibition of Smoking in Public Transportation and Waiting Rooms (jointly issued by National Patriotic Health Campaign Committee, Ministry of Health, Ministry of Railway, Ministry of Transport, Ministry of Development, and Civil Aviation Administration) were made in 1997. The rules prohibit smoking in various modes of public transportation, including train, bus, taxi, light rail, aircraft, and watercraft. In addition, the rules prohibit smoking in ticket halls and waiting rooms. However, the rules permit smoking in specially designated areas. The rules also provide penalties for violations.

Advertising Law of the People’s Republic of China (as amended on April 24, 2015)

COMMENTS: The Advertising Law was originally enacted by the Standing Committee of the National People’s Congress in 1994, and was amended on April 24, 2015. The amended law took effect on September 1, 2015. Under the amended law, tobacco advertising is prohibited in mass media, public places, means of public transport, and outdoors. In addition, all tobacco advertising to minors is prohibited.

Tobacco Monopoly Law (as amended)

COMMENTS: The Tobacco Monopoly Law was enacted by the Standing Committee of the National People’s Congress in 1991 for the purposes of managing the manufacture and business of tobacco products, increasing the quality of tobacco products, protecting consumers’ interests, and ensuring state revenue. The law permits the state to exercise monopoly control over the production, sale, import, and export of tobacco commodities, and to operate a monopoly license system. The law contains a few provisions generally requiring the prohibition or restriction of smoking in public traffic vehicles and in public places. It also requires the display of tar yields and a warning that “Smoking is Harmful to Your Health” on the packages of cigarettes and cigars. In addition, the law bans tobacco advertising on television and other broadcast media, and in newspapers and periodicals. The law has been amended several times, most recently on April 24, 2015.

State Council Regulations on Public Places Sanitation Administration

COMMENTS: The State Council Regulations on Public Places Sanitation Administration list several public places covered by the MOH's Implementation Rules on Regulations on Public Places that prohibit smoking in public places.

To the best of our knowledge, all laws provided here are in effect as of November 6th 2019, unless otherwise noted.