LANGUAGE
Last updated: September 17th 2019

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.
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Analysis

Decree 74-2008 prohibits smoking “anywhere in workplaces.” In addition, the regulations to Decree 74-2008 provide that in places where smoking is prohibited, the air must be 100% smoke free. However, the decree provides for one limited exemption for hotel and motel guestrooms to a complete indoor workplace smoking ban. Therefore, the regulatory status code “Smoking is Restricted” is given rather than “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 FCTC’s entry into force for that Party.

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.
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Analysis

Decree 74-2008 prohibits smoking “anywhere in closed public places.” In addition, the regulations to Decree 74-2008 provide that in places where smoking is prohibited, the air must be 100% smoke free. However, the decree provides for one limited exemption for hotel and motel guestrooms to a ban on smoking in indoor public places and workplaces. Although guestrooms are not public places, permitting smoking in some guestrooms will result in exposure to tobacco smoke in other areas of the hotel, including public areas. Therefore, the regulatory status code “Smoking is Restricted” is given rather than “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 FCTC’s entry into force for that Party.

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.
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Analysis

Decree 74-2008 prohibits smoking “on any means of publicly used, group or community transportation.” In addition, the regulations to Decree 74-2008 provide that in places where smoking is prohibited, the air must be 100% smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to public transport.

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.
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Analysis

Decree 74-2008 prohibits smoking in virtually all enclosed public places and workplaces (with the limited exception of hotel guestrooms), and therefore smoking is prohibited in government facilities under this decree. The regulations to the Decree 74-2008 provide that in places where smoking is prohibited air must be 100% smoke free. In addition, Decree 90-97 specifically prohibits smoking “on the premises of State offices, their decentralized or autonomous entities and State companies.”

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

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.
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Analysis

Decree 74-2008 prohibits smoking “anywhere in workplaces.” In addition, the regulations to Decree 74-2008 provide that in places where smoking is prohibited, the air must be 100% smoke free. This provision is interpreted to include all private offices.

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

Hospitals

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

Decree 74-2008 prohibits smoking in virtually all enclosed public places and workplaces (with the limited exception of hotel guestrooms). The definition of “public place” in Decree 74-2008 includes health facilities, and therefore smoking is prohibited in hospitals under this decree. The regulations to Decree 74-2008 provide that in places where smoking is prohibited air must be 100% smoke free. In addition, Decree 90-97 specifically prohibits smoking on the premises of “medical care centers, public and private hospitals.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard 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.
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Analysis

Decree 74-2008 prohibits smoking in virtually all enclosed public places and workplaces (with the limited exception of hotel guestrooms). The definition of “public place” in Decree 74-2008 includes health facilities, and therefore smoking is prohibited in the public areas of residential healthcare facilities under this decree. The regulations to Decree 74-2008 provide that in places where smoking is prohibited air must be 100% smoke free. In addition, Decree 90-97 specifically prohibits smoking on the premises of “medical care centers, public and private hospitals,” which covers residential healthcare facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard 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.
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Analysis

Decree 74-2008 prohibits smoking in virtually all enclosed public places and workplaces (with the limited exception of hotel guestrooms). The definition of “public place” in Decree 74-2008 includes health facilities, and therefore smoking is prohibited in the non-residential healthcare facilities under this decree. The regulations to Decree 74-2008 provide that in places where smoking is prohibited air must be 100% smoke free. In addition, Decree 90-97 specifically prohibits smoking on the premises of “medical care centers, public and private hospitals,” which covers non-residential healthcare facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard 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.
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Analysis

Decree 74-2008 prohibits smoking in virtually all enclosed public places and workplaces (with the limited exception of hotel guestrooms). The definition of “public place” in Decree 74-2008 specifically includes education facilities, which would include preschools, and childcare facilities are covered under the can as a place of public access. The regulations to Decree 74-2008 provide that in places where smoking is prohibited air must be 100% smoke free. In addition, Decree 90-97 specifically prohibits smoking in buildings housing preschool and pre-primary education centers.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to childcare facilities and preschools.

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.
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Analysis

Decree 74-2008 prohibits smoking in virtually all enclosed public places and workplaces (with the limited exception of hotel guestrooms). The definition of “public place” in Decree 74-2008 specifically includes education facilities, and therefore smoking is prohibited in primary and secondary schools under this decree. The regulations to Decree 74-2008 provide that in places where smoking is prohibited air must be 100% smoke free. In addition, Decree 90-97 specifically prohibits smoking in buildings housing primary and middle education centers.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard 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.
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Analysis

Decree 74-2008 prohibits smoking in virtually all enclosed public places and workplaces (with the limited exception of hotel guestrooms). The definition of “public place” in Decree 74-2008 specifically includes education facilities, and therefore smoking is prohibited in universities and vocational facilities under this decree. The regulations to the law provide that in places where smoking is prohibited air must be 100% smoke free.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard 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.
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Analysis

Decree 74-2008 prohibits smoking in virtually all enclosed public places and workplaces (with the limited exception of hotel guestrooms). The definition of “public place” in Decree 74-2008 specifically includes sales areas and shopping centers, and therefore smoking is prohibited in shops or stores under this decree. The regulations to Decree 74-2008 provide that in places where smoking is prohibited air must be 100% smoke free. In addition, Decree 90-97 prohibits smoking “in general, [in] all those enclosed places where public services are offered.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to shops or stores.

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.
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Analysis

Decree 74-2008 prohibits smoking in virtually all enclosed public places and workplaces (with the limited exception of hotel guestrooms). The definition of “public place” under the decree includes “theaters”, and other cultural facilities are included under the ban as places of public access. The regulations to Decree 74-2008 provide that in places where smoking is prohibited air must be 100% smoke free.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard 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.
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Analysis

Decree 74-2008 prohibits smoking in virtually all enclosed public places and workplaces (with the limited exception of hotel guestrooms), and therefore smoking is prohibited in indoor stadiums or arenas. In addition, the regulations to Decree 74-2008 provide that in places where smoking is prohibited air must be 100% smoke free.

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

Restaurants

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

Decree 74-2008 prohibits smoking in virtually all enclosed public places and workplaces (with the limited exception of hotel guestrooms). The definition of “public place” under Decree 74-2008 includes restaurants, and therefore smoking is prohibited in restaurants under this decree. Decree 74-2008 defines restaurants to cover coffee shops and any establishment where food is given or offered for sale to the public or employees. The regulations to Decree 74-2008 provide that in places where smoking is prohibited air must be 100% smoke free.

Decree 90-97 also prohibits smoking in restaurants. Although previously smoking areas were required, Decree 74-2008 (Art. 8) repealed the provision of Decree 90-97 (Art. 51b) that required designated smoking areas in places that sell food.

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

Bars/pubs/nightclubs

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

Decree 74-2008 prohibits smoking in virtually all enclosed public places and workplaces (with the limited exception of hotel guestrooms), and therefore smoking is prohibited in bars/pubs/nightclubs under this decree. In addition, the regulations to Decree 74-2008 provide that in places where smoking is prohibited air must be 100% smoke free.

Decree 90-97 also prohibits smoking in bars, pubs and nightclubs because it prohibits smoking “in general, [in] all those enclosed places where public services are offered.” Although previously smoking areas were required if these places sold food, Decree 74-2008 (Art. 8) repealed the provision of Decree 90-97 (Art. 51b) that required designated smoking areas in places that sell food.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to bars/pubs/nightclubs.

Casinos

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

Decree 74-2008 prohibits smoking in virtually all enclosed public places and workplaces (with the limited exception of hotel guestrooms), and therefore smoking is prohibited in casinos. In addition, the regulations to Decree 74-2008 provide that in places where smoking is prohibited air must be 100% smoke free.

Decree 90-97 also prohibits smoking in bars, pubs and nightclubs because it prohibits smoking “in general, [in] all those enclosed places where public services are offered.” Although previously smoking areas were required if these places sold food, Decree 74-2008 (Art. 8) repealed the provision of Decree 90-97 (Art. 51b) that required designated smoking areas in places that sell food.

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

Hotels/lodging - 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.
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Analysis

Decree 74-2008 prohibits smoking in virtually all enclosed public places and workplaces (with the limited exception of hotel guestrooms). The definition of “public place” in Decree 74-2008 includes “lobby and reception areas in hotels and motels” and therefore smoking is prohibited in public areas of hotels, motels and other lodging facilities. In addition, the regulations to Decree 74-2008 provide that in places where smoking is prohibited air must be 100% smoke free. Decree 90-97 also prohibits smoking in public areas of hotels because it prohibits smoking “in general, [in] all those enclosed places where public services are offered.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to public areas of hotels, motels and other lodging facilities.

Hotels/lodgings - guest rooms

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.
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Analysis

Decree 74-2008 provides for one limited exemption to a complete indoor smoking ban, permitting smoking in hotel and motel guestrooms. Decree 74-2008 specifies that guestrooms allowing smoking must not exceed twenty percent of the total number of hotel rooms and all smoking rooms must be on the same floor, be continuous, and the smoke from these rooms must not filter into other areas where smoking is banned under the law.

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.

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.
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Analysis

Decree 74-2008 prohibits smoking in virtually all enclosed public places and workplaces (with the limited exception of hotel guestrooms), and therefore smoking is prohibited in public areas of prisons and detention facilities. In addition, the regulations to Decree 74-2008 provide that in places where smoking is prohibited air must be 100% smoke free. Decree 90-97 also prohibits smoking in public areas of prisons because it prohibits smoking “on the premises of State offices, [and] their decentralized or autonomous entities,” which is interpreted to include State prisons.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard 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.
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Analysis

Decree 74-2008 prohibits smoking “on any means of publicly used, group or community transportation,” and therefore trains, buses and other shared ground transportation are covered under the ban. In addition, the regulations to Decree 74-2008 provide that in places where smoking is prohibited air must be 100% smoke free. Likewise, Decree 90-97 prohibits smoking in “urban and suburban shared transportation.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to trains, buses, and other shared 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.
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Analysis

Decree 74-2008 prohibits smoking “on any means of publicly used, group or community transportation.” Taxis are a means of such transportation and they are therefore covered under the ban. Likewise, Decree 90-97 specifically prohibits smoking in taxis.

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

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.
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Analysis

Decree 74-2008 prohibits smoking “on any means of publicly used, group or community transportation.” Commercial aircraft are a means of such transportation and are therefore covered under the ban. In addition, the regulations to Decree 74-2008 provide that in places where smoking is prohibited air must be 100% smoke free. However, to optimize enforcement, the law should provide for a definition of public transport in accordance with the FCTC Art. 8 Guidelines.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard 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.
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Analysis

Decree 74-2008 prohibits smoking “on any means of publicly used, group or community transportation.” Commercial watercraft are a means of such transportation and are therefore covered under the ban. In addition, the regulations to Decree 74-2008 provide that in places where smoking is prohibited air must be 100% smoke free. However, to optimize enforcement, the law should provide for a definition of public transport in accordance with the FCTC Art. 8 Guidelines.

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

Public transport facilities (waiting areas for mass transit)

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
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Analysis

Decree 74-2008 prohibits smoking in virtually all enclosed public places and workplaces (with the limited exception of hotel guestrooms) and therefore smoking is prohibited in public transportation facilities under this decree. Decree 74-2008 also includes public transportation centers and waiting areas in the definition of “public place.” In addition, the regulations to Decree 74-2008 provide that in places where smoking is prohibited air must be 100% smoke free.

Therefore, the law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to public transport facilities.