LANGUAGE
Last updated: September 23rd 2021

Duties / Penalties

Duty Imposed Upon Business Owners / Employers / Supervisors
Duty Imposed
Sanction(s)
 

Post signs

Yes
Fine, Other
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.

Law Source, Section
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)
Arts. 4(1), 7
Civil Aviation Administration Rules on the Prohibition of Smoking in Civil Airports and Civil Aircraft
Art. 5

Remove ashtrays

Yes
Fine, Other
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.

Law Source, Section
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)
Arts. 4(2), 7
Civil Aviation Administration Rules on the Prohibition of Smoking in Civil Airports and Civil Aircraft
Art. 5(4)

Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)

Yes
Fine, Other
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.

Law Source, Section
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)
Arts. 4(5), 7
Civil Aviation Administration Rules on the Prohibition of Smoking in Civil Airports and Civil Aircraft
Art. 7(3)
Duty Imposed Upon Smokers
Duty Imposed
Sanction(s)
 

Not to smoke where prohibited

Yes
Fine
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.

Law Source, Section
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)
Art. 8