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

The law and a Constitutional Court ruling require smoking areas in workplaces. (Smoking areas, however, may be located outside pursuant to government guidelines.)  The “Smoking is Restricted” regulatory status results from (1) inconsistencies regarding the smoke free status of workplaces (some workplaces are smoke free because the smoking area is outdoors while other workplaces are not smoke free because of indoor smoking areas) and (2) the fact that smoke free status depends upon local implementing legislation.  The Health Law requires that “local governments have to designate smoke free zones in their area of jurisdiction.” Similarly, Art. 52 of Government Regulation (PP) No. 109 of 2012 requires local governments to undertake implementation of smoke free areas. Neither the law nor the PP sets a deadline by which local governments must act. Some local governments have passed legislation requiring designated smoking areas indoors, others have passed legislation requiring 100% smoke free indoor workplaces with smoking areas outside, while many others have not passed any legislation.

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 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.
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Analysis

The national Health Law prohibits smoking in certain types of public places and requires designated smoking areas in other types of public places. Under the Health Law, healthcare facilities, educational facilities, children’s playgrounds, and religious places are smoke free. In other types of public places, designated smoking areas are required.  (Smoking areas, however, may be located outside pursuant to government guidelines.)

The “Smoking is Restricted” regulatory status results from (1) inconsistencies regarding the smoke free status of public places (some workplaces are smoke free because the smoking area is outdoors while other workplaces are not smoke free because of indoor smoking areas) and (2) the fact that smoke free status depends upon local implementing legislation.  The Health Law requires that “local governments have to designate smoke free zones in their area of jurisdiction.” Similarly, Art. 52 of Government Regulation (PP) No. 109 of 2012 requires local governments to undertake implementation of smoke free areas. Neither the law nor the PP sets a deadline by which local governments must act. Some local governments have passed legislation requiring designated smoking areas indoors, others have passed legislation requiring 100% smoke free indoor public places with smoking areas outside, while many others have not passed any legislation.

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 to be 100% smoke free.

All public transport

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

Under the national Health Law and Government Regulation (PP) No. 109 of 2012, smoking is prohibited in public transport. The realization of the “100% Smoke Free” regulatory status of public transportation, however, depends upon local implementing legislation. The Health Law requires that “local governments have to designate smoke free zones in their area of jurisdiction.” Similarly, Art. 52 of the PP requires local governments to undertake implementation of smoke free areas. Neither the law nor the PP sets a deadline by which local governments must act and some local governments have passed legislation while others have not. Because the national law has not been locally implemented in every jurisdiction, public transportation is designated as “Smoking is Restricted” on a national level, rather than “100% Smoke Free.”

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all public transport to be 100% smoke free.

Government facilities

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

Neither the Health Law nor Government Regulation (PP) No. 109 of 2012 specifically addresses government facilities. Instead, whether a government facility is a “smoke free area” depends on the type facility it is. For example, all educational and healthcare facilities, including government-run educational and healthcare facilities, are smoke free; while workplaces and public places, including governmental workplaces and public places, must have smoking areas. (Smoking areas, however, may be outside pursuant to government guidelines.) The realization of the "100% Smoke Free" or “Smoking is Restricted” regulatory status of government facilities depends upon local implementing legislation. The Health Law requires that “local governments have to designate smoke free zones in their area of jurisdiction.” Similarly, Art. 52 of the PP requires local governments to undertake implementation of smoke free areas. Neither the law nor the PP sets a deadline by which local governments must act, and some local governments have passed legislation while others have not. Thus, government facilities are designated as “Smoking is Restricted” because of the varying restrictions in different types of government facilities and varying regulatory schemes across sub-national jurisdictions.

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, including government facilities, to be 100% smoke free.

Private offices

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

The law and a Constitutional Court ruling require smoking areas in workplaces. (Smoking areas, however, may be located outside pursuant to government guidelines.) Accordingly, a private office, as a workplace, must have either an indoor or outdoor smoking area. The “Smoking is Restricted” regulatory status results from (1) inconsistencies regarding the smoke free status of workplaces (some private offices are smoke free because the smoking area is outdoors while other private offices are not smoke free because of indoor smoking areas) and (2) the fact that smoke free status depends upon local implementing legislation. The Health Law requires that “local governments have to designate smoke free zones in their area of jurisdiction.” Similarly, Art. 52 of Government Regulation (PP) No. 109 of 2012 requires local governments to undertake implementation of smoke free areas. Neither the law nor the PP sets a deadline by which local governments must act. Some local governments have passed legislation requiring designated smoking areas indoors, others have passed legislation requiring 100% smoke free indoor workplaces (including private offices) with smoking areas outside, while many others have not passed any legislation.

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, including private offices, to be 100% smoke free.

Hospitals

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

Under the Health Law and Government Regulation (PP) No. 109 of 2012, smoking should be prohibited in hospitals. However, the realization of the “100% Smoke Free” regulatory status of hospitals depends upon local implementing legislation. The Health Law requires that “local governments have to designate smoke free zones in their area of jurisdiction.” Similarly, Art. 52 of the PP requires local governments to undertake implementation of smoke free areas. Neither the law nor the PP sets a deadline by which local governments must act, and some local governments have passed legislation while others have not. Because the national law has not been locally implemented in every jurisdiction, hospitals are designated as “Smoking is Restricted” on a national level, rather than “100% Smoke Free.”

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, including hospitals, to be 100% smoke free.

Residential healthcare facilities - 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.
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Analysis

Under the Health Law and Government Regulation (PP) No. 109 of 2012, smoking should be prohibited in residential healthcare facilities. However, the realization of the “100% Smoke Free” regulatory status of residential healthcare facilities depends upon local implementing legislation. The Health Law requires that “local governments have to designate smoke free zones in their area of jurisdiction.” Similarly, Art. 52 of the PP requires local governments to undertake implementation of smoke free areas. Neither the law nor the PP sets a deadline by which local governments must act, and some local governments have passed legislation while others have not. Because the national law has not been locally implemented in every jurisdiction, residential healthcare facilities are designated as “Smoking is Restricted” on a national level, rather than “100% Smoke Free.”

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, including public areas of residential healthcare facilities, to be 100% smoke free.

Non-residential healthcare facilities

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

Under the Health Law and Government Regulation (PP) No. 109 of 2012, smoking should be prohibited in non-residential healthcare facilities. However, the realization of the “100% Smoke Free” regulatory status of non-residential healthcare facilities depends upon local implementing legislation. The Health Law requires that “local governments have to designate smoke free zones in their area of jurisdiction.” Similarly, Art. 52 of the PP requires local governments to undertake implementation of smoke free areas. Neither the law nor the PP sets a deadline by which local governments must act, and some local governments have passed legislation while others have not. Because the national law has not been locally implemented in every jurisdiction, non-residential healthcare facilities are designated as “Smoking is Restricted” on a national level, rather than “100% Smoke Free.”

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, including non-residential healthcare facilities, to be 100% smoke free.

Childcare facilities/preschools

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

Under the Health Law and Government Regulation (PP) No. 109 of 2012, children’s play areas and educational facilities are smoke free areas. These provisions are interpreted as prohibiting smoking in childcare facilities and preschools. However, the realization of the “100% Smoke Free” regulatory status of childcare facilities and preschools depends upon local implementing legislation. The Health Law requires that “local governments have to designate smoke free zones in their area of jurisdiction.” Similarly, Art. 52 of the PP requires local governments to undertake implementation of smoke free areas. Neither the law nor the PP sets a deadline by which local governments must act, and some local governments have passed legislation while others have not. Because the national law has not been locally implemented in every jurisdiction, childcare facilities and preschools are designated as “Smoking is Restricted” on a national level, rather than “100% Smoke Free.”

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, including childcare facilities and preschools, to be 100% smoke free.

Primary and secondary schools

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

Under the Health Law and Government Regulation (PP) No. 109 of 2012, smoking should be prohibited in educational facilities, including primary and secondary schools. This is reiterated and expanded upon in Ministry of Education and Culture Regulation No. 46 of 2015. However, the realization of the “100% Smoke Free” regulatory status of primary and secondary schools depends upon local implementing legislation. The Health Law requires that “local governments have to designate smoke free zones in their area of jurisdiction.” Similarly, Art. 52 of the PP requires local governments to undertake implementation of smoke free areas. Neither the law nor the PP sets a deadline by which local governments must act, and some local governments have passed legislation while others have not. Because the national law has not been locally implemented in every jurisdiction, primary and secondary schools are designated as “Smoking is Restricted” on a national level, rather than “100% Smoke Free.”

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, including primary and secondary schools, to be 100% smoke free.

Universities/vocational facilities

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

Under the Health Law and Government Regulation (PP) No. 109 of 2012, smoking should be prohibited in educational facilities, including universities and vocational facilities. However, the realization of the “100% Smoke Free” regulatory status of universities and vocational facilities depends upon local implementing legislation. The Health Law requires that “local governments have to designate smoke free zones in their area of jurisdiction.” Similarly, Art. 52 of the PP requires local governments to undertake implementation of smoke free areas. Neither the law nor the PP sets a deadline by which local governments must act, and some local governments have passed legislation while others have not. Because the national law has not been locally implemented in every jurisdiction, universities and vocational facilities are designated as “Smoking is Restricted” on a national level, rather than “100% Smoke Free.”

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, including universities and vocational facilities, to be 100% smoke free.

Shops

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

The law and a Constitutional Court ruling require smoking areas in workplaces and public places. (Smoking areas, however, may be located outside pursuant to government guidelines.) Accordingly, a shop, as a public place and workplace, must have either an indoor or outdoor smoking area. The “Smoking is Restricted” regulatory status results from (1) inconsistencies regarding the smoke free status of public places and workplaces (some shops are smoke free because the smoking area is outdoors while other shops are not smoke free because of indoor smoking areas) and (2) the fact that smoke free status depends upon local implementing legislation. The Health Law requires that “local governments have to designate smoke free zones in their area of jurisdiction.” Similarly, Art. 52 of Government Regulation (PP) No. 109 of 2012 requires local governments to undertake implementation of smoke free areas. Neither the law nor the PP sets a deadline by which local governments must act. Some local governments have passed legislation requiring designated smoking areas indoors, others have passed legislation requiring 100% smoke free indoor public places (including shops) with smoking areas outside, while many others have not passed any legislation.

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, including shops, to be 100% smoke free.

Cultural facilities

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

The law and a Constitutional Court ruling require smoking areas in workplaces and public places. (Smoking areas, however, may be located outside pursuant to government guidelines.) Accordingly, a cultural facility, as a public place and workplace, must have either an indoor or outdoor smoking area. The “Smoking is Restricted” regulatory status results from (1) inconsistencies regarding the smoke free status of public places and workplaces (some cultural facilities are smoke free because the smoking area is outdoors while other cultural facilities are not smoke free because of indoor smoking areas) and (2) the fact that smoke free status depends upon local implementing legislation. The Health Law requires that “local governments have to designate smoke free zones in their area of jurisdiction.” Similarly, Art. 52 of Government Regulation (PP) No. 109 of 2012 requires local governments to undertake implementation of smoke free areas. Neither the law nor the PP sets a deadline by which local governments must act. Some local governments have passed legislation requiring designated smoking areas indoors, others have passed legislation requiring 100% smoke free indoor public places (including cultural facilities) with smoking areas outside, while many others have not passed any legislation.

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 to be 100% smoke free.

Indoor stadium/arenas

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

The law and a Constitutional Court ruling require smoking areas in workplaces and public places. (Smoking areas, however, may be located outside pursuant to government guidelines.) Accordingly, an indoor stadium or arena, as a public place and workplace, must have either an indoor or outdoor smoking area. The “Smoking is Restricted” regulatory status results from (1) inconsistencies regarding the smoke free status of public places and workplaces (some indoor stadiums are smoke free because the smoking area is outdoors while other indoor stadiums are not smoke free because of indoor smoking areas) and (2) the fact that smoke free status depends upon local implementing legislation. The Health Law requires that “local governments have to designate smoke free zones in their area of jurisdiction.” Similarly, Art. 52 of Government Regulation (PP) No. 109 of 2012 requires local governments to undertake implementation of smoke free areas. Neither the law nor the PP sets a deadline by which local governments must act. Some local governments have passed legislation requiring designated smoking areas indoors, others have passed legislation requiring 100% smoke free indoor public places (including indoor stadiums and arenas) with smoking areas outside, while many others have not passed any legislation.

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, including indoor stadiums and arenas, to be 100% smoke free.

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.
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Analysis

The law and a Constitutional Court ruling require smoking areas in workplaces and public places. (Smoking areas, however, may be located outside pursuant to government guidelines.) Accordingly, a restaurant, as a public place and workplace, must have either an indoor or outdoor smoking area. The “Smoking is Restricted” regulatory status results from (1) inconsistencies regarding the smoke free status of public places and workplaces (some restaurants are smoke free because the smoking area is outdoors while other restaurants are not smoke free because of indoor smoking areas) and (2) the fact that smoke free status depends upon local implementing legislation. The Health Law requires that “local governments have to designate smoke free zones in their area of jurisdiction.” Similarly, Art. 52 of Government Regulation (PP) No. 109 of 2012 requires local governments to undertake implementation of smoke free areas. Neither the law nor the PP sets a deadline by which local governments must act. Some local governments have passed legislation requiring designated smoking areas indoors, others have passed legislation requiring 100% smoke free indoor public places (including restaurants) with smoking areas outside, while many others have not passed any legislation.

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, including 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.
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Analysis

The law and a Constitutional Court ruling require smoking areas in workplaces and public places. (Smoking areas, however, may be located outside pursuant to government guidelines.) Accordingly, a bar, pub, or nightclub, as a public place and workplace, must have either an indoor or outdoor smoking area. The “Smoking is Restricted” regulatory status results from (1) inconsistencies regarding the smoke free status of public places and workplaces (some bars, pubs and nightclubs are smoke free because the smoking area is outdoors while other bars, pubs, or nightclubs are not smoke free because of indoor smoking areas) and (2) the fact that smoke free status depends upon local implementing legislation. The Health Law requires that “local governments have to designate smoke free zones in their area of jurisdiction.” Similarly, Art. 52 of Government Regulation (PP) No. 109 of 2012 requires local governments to undertake implementation of smoke free areas. Neither the law nor the PP sets a deadline by which local governments must act. Some local governments have passed legislation requiring designated smoking areas indoors, others have passed legislation requiring 100% smoke free indoor public places (including bars, pubs, and nightclubs) with smoking areas outside, while many others have not passed any legislation.

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, including 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.
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Analysis

The law and a Constitutional Court ruling require smoking areas in workplaces and public places. (Smoking areas, however, may be located outside pursuant to government guidelines.) Accordingly, a casino, as a public place and workplace, must have either an indoor or outdoor smoking area. The “Smoking is Restricted” regulatory status results from (1) inconsistencies regarding the smoke free status of public places and workplaces (some casinos are smoke free because the smoking area is outdoors while other casinos are not smoke free because of indoor smoking areas) and (2) the fact that smoke free status depends upon local implementing legislation. The Health Law requires that “local governments have to designate smoke free zones in their area of jurisdiction.” Similarly, Art. 52 of Government Regulation (PP) No. 109 of 2012 requires local governments to undertake implementation of smoke free areas. Neither the law nor the PP sets a deadline by which local governments must act. Some local governments have passed legislation requiring designated smoking areas indoors, others have passed legislation requiring 100% smoke free indoor public places (including casinos) with smoking areas outside, while many others have not passed any legislation.

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, including 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.
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Analysis

The law and a Constitutional Court ruling require smoking areas in workplaces and public places. (Smoking areas, however, may be located outside pursuant to government guidelines.) Accordingly, a hotel, as a public place and workplace, must have either an indoor or outdoor smoking area. The “Smoking is Restricted” regulatory status results from (1) inconsistencies regarding the smoke free status of public places and workplaces (some hotels are smoke free because the smoking area is outdoors while other hotels are not smoke free because of indoor smoking areas) and (2) the fact that smoke free status depends upon local implementing legislation. The Health Law requires that “local governments have to designate smoke free zones in their area of jurisdiction.” Similarly, Art. 52 of Government Regulation (PP) No. 109 of 2012 requires local governments to undertake implementation of smoke free areas. Neither the law nor the PP sets a deadline by which local governments must act. Some local governments have passed legislation requiring designated smoking areas indoors, others have passed legislation requiring 100% smoke free indoor public places (including hotels) with smoking areas outside, while many others have not passed any legislation.

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, including 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.
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Analysis

The law and a Constitutional Court ruling require smoking areas in workplaces and public places. (Smoking areas, however, may be located outside pursuant to government guidelines.) However, neither the Health Law nor Government Regulation PP No. 109 of 2012 addresses the smoke free status of guest rooms in hotels and other lodging. Therefore, it is uncertain under national laws and regulations whether hotel rooms fall within the provisions requiring designated smoking areas in public places.

The realization of smoking restrictions in guest rooms in hotels and lodging depends upon local implementing legislation. The Health Law requires that “local governments have to designate smoke free zones in their area of jurisdiction.” Similarly, Art. 52 of the PP requires local governments to undertake implementation of smoke free areas. Neither the law nor the PP sets a deadline by which local governments must act. Some local governments have passed legislation addressing smoke free public places, while many others have not passed any legislation.

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, including hotel guest rooms, to be 100% smoke free.

Prisons/detention facilities - public areas

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.
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Analysis

Neither the Health Law nor Government Regulation (PP) No. 109 of 2012 specifically addresses prisons. If prisons are considered workplaces or public places under the law, then smoking should be restricted to designated areas – although, pursuant to government guidelines, smoking areas may be located outside. However, if prisons are not considered public places or workplaces, smoking is allowed in these places. It is unclear from the definitions of public place and workplace whether a prison falls into either category.

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, including prisons and detention facilities, to be 100% smoke free.

Trains, buses and other shared ground transportation other than taxis

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

Under the Health Law, smoking is prohibited in public transport. Therefore, smoking should be prohibited on trains, buses, and other shared ground transportation. However, the realization of the “100% Smoke Free” regulatory status of public transportation depends upon local implementing legislation. The Health Law requires that “local governments have to designate smoke free zones in their area of jurisdiction.” Similarly, Art. 52 of Government Regulation (PP) No. 109 of 2012 requires local governments to undertake implementation of smoke free areas. Neither the law nor the PP sets a deadline by which local governments must act, and some local governments have passed legislation while others have not. Because the national law has not been locally implemented in every jurisdiction, "trains, buses and other shared ground transportation" is designated as “Smoking is Restricted” on a national level, rather than “100% Smoke Free.”

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all public transport to be 100% smoke free.

Taxis (for-hire vehicle)

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

Under the Health Law, smoking is prohibited in public transport. Therefore, smoking should be prohibited in taxis. However, the realization of the “100% Smoke Free” regulatory status of public transportation depends upon local implementing legislation. The Health Law requires that “local governments have to designate smoke free zones in their area of jurisdiction.” Similarly, Art. 52 of Government Regulation (PP) No. 109 of 2012 requires local governments to undertake implementation of smoke free areas. Neither the law nor the PP sets a deadline by which local governments must act, and some local governments have passed legislation while others have not. Because the national law has not been locally implemented in every jurisdiction, "taxis" is designated as “Smoking is Restricted” on a national level, rather than “100% Smoke Free.”

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all public transport to be 100% smoke free.

Commercial aircraft

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

Under the Health Law, smoking is prohibited in public transport. Therefore, smoking should be prohibited on commercial aircraft. However, the realization of the “100% Smoke Free” regulatory status of public transportation depends upon local implementing legislation. The Health Law requires that “local governments have to designate smoke free zones in their area of jurisdiction.” Similarly, Art. 52 of Government Regulation (PP) No. 109 of 2012 requires local governments to undertake implementation of smoke free areas. Neither the law nor the PP sets a deadline by which local governments must act, and some local governments have passed legislation while others have not. Because the national law has not been locally implemented in every jurisdiction, “commercial aircraft” is designated as “Smoking is Restricted” on a national level, rather than “100% Smoke Free.”

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all public transport to be 100% smoke free.

Commercial watercraft

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

Under the Health Law, smoking is prohibited in public transport. Therefore, smoking should be prohibited on commercial watercraft. However, the realization of the “100% Smoke Free” regulatory status of public transportation depends upon local implementing legislation. The Health Law requires that “local governments have to designate smoke free zones in their area of jurisdiction.” Similarly, Art. 52 of Government Regulation (PP) No. 109 of 2012 requires local governments to undertake implementation of smoke free areas. Neither the law nor the PP sets a deadline by which local governments must act, and some local governments have passed legislation while others have not. Because the national law has not been locally implemented in every jurisdiction, “commercial watercraft” is designated as “Smoking is Restricted” on a national level, rather than “100% Smoke Free.”

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all public transport to be 100% smoke free.

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.
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Analysis

The law and a Constitutional Court ruling require smoking areas in workplaces and public places. (Smoking areas, however, may be located outside.) Accordingly, a public transport facility, as a public place and workplace, must have either an indoor or outdoor smoking area. (Smoking areas, however, may be located outside pursuant to government guidelines.) The “Smoking is Restricted” regulatory status results from (1) inconsistencies regarding the smoke free status of public places and workplaces (some public transport facilities are smoke free because the smoking area is outdoors while other public transport facilities are not smoke free because of indoor smoking areas) and (2) the fact that smoke free status depends upon local implementing legislation. The Health Law requires that “local governments have to designate smoke free zones in their area of jurisdiction.” Similarly, Art. 52 of Government Regulation (PP) No. 109 of 2012 requires local governments to undertake implementation of smoke free areas. Neither the law nor the PP sets a deadline by which local governments must act. Some local governments have passed legislation requiring designated smoking areas indoors, others have passed legislation requiring 100% smoke free indoor public places (including public transport facilities) with smoking areas outside, while many others have not passed any legislation.

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, including public transport facilities, to be 100% smoke free.