Smoke Free Status of Indoor Public Places, Workplaces, and Public Transport
All indoor workplaces
The law prohibits smoking in all indoor workplaces and work areas.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor workplaces.
All indoor public places
The law prohibits smoking in a comprehensive list of specific types of places. However, the law allows for designated smoking rooms in common-use areas of apartment buildings and in airports. For this reason, the regulatory status “smoking is restricted” is given.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all indoor public places.
All public transport
The law prohibits smoking on all public transportation, with the exception of sea-going passenger ships where smoking is permitted in designated smoking areas (in open air or in isolated rooms).
The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it provides an exception for long-distance ships. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should define “public transport” in accordance with the FCTC Art. 8 Guidelines and provide that all public transport be 100% smoke free without exception.
Government facilities
The law prohibits smoking throughout premises occupied by state agencies or local self-government agencies, without exception. Therefore, smoking is prohibited in all government facilities.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to government facilities.
Private offices
The law prohibits smoking in indoor workplaces and work areas.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to private offices.
Hospitals
The law prohibits smoking throughout premises and territories designated for the provision of medical, rehabilitation and spa services, without exception. Therefore, smoking is prohibited in hospitals.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to hospitals.
Residential healthcare facilities - public areas
The law prohibits smoking throughout premises and territories designated for the provision of medical, rehabilitation and spa services, without exception. Therefore, smoking is prohibited in public areas of residential healthcare facilities.
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
The law prohibits smoking throughout premises and territories designated for the provision of medical, rehabilitation and spa services, without exception. Therefore, smoking is prohibited in non-residential healthcare facilities.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to non-residential healthcare facilities.
Childcare facilities/preschools
The law prohibits smoking in premises and territories designated for the provision of educational services which includes preschools and childcare facilities.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to preschools and childcare facilities.
Primary and secondary schools
The law prohibits smoking in premises and territories designated for the provision of educational services. Therefore, smoking is prohibited in primary and secondary schools.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to primary and secondary schools.
Universities/vocational facilities
The law prohibits smoking in premises and territories designated for the provision of educational services. Therefore, smoking is prohibited in universities and vocational facilities.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to universities and vocational facilities.
Shops
The law prohibits smoking in all indoor workplaces and work areas. Additionally, the law prohibits smoking in maintenance shops, stores, markets, and at mobile trade sites. Taken together, these provisions are interpreted as covering all shops. Therefore, smoking in shops is prohibited.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to shops.
Cultural facilities
The law prohibits smoking throughout cultural facilities, without exception.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to cultural facilities.
Indoor stadium/arenas
The law prohibits smoking on the territories and in the premises of physical education physical-culture and sports facilities, without exception. Therefore, smoking is prohibited in all indoor stadiums and arenas.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor stadiums and arenas.
Restaurants
Smoking is prohibited in premises used for catering services. Restaurants are included in this category.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to restaurants.
Bars/pubs/nightclubs
The law prohibits smoking in premises used for catering services. Bars, pubs, and nightclubs are included in this category.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to bars, pubs, and nightclubs.
Casinos
The law does not specifically prohibit smoking in casinos. However, the law prohibits smoking in indoor workplaces and in premises used for catering services. Casinos are workplaces for their employees, and food and beverages are served in casinos. Therefore, smoking is prohibited in casinos.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to casinos.
Hotels/lodging - public areas
The law prohibits smoking in all housing and hotel services and temporary accommodation facilities. Hotel common areas are such facilities.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of hotels and other lodging.
Hotels/lodgings - guest rooms
The law prohibits smoking in all housing and hotel services and temporary accommodation facilities. Hotel guest rooms are such facilities.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to guest rooms in hotels and other lodging.
Prisons/detention facilities - public areas
The law grants the federal executive agency responsible for prisons the authority to protect prisoners from the effects of second hand smoke. Article 15 of the Internal Regulations of Correctional Institutions prohibits prisoners from smoking outside of designated smoking areas. Under the previous law, smoking was restricted to designated smoking areas. It is uncertain, however, whether the federal executive agency will continue to permit smoking in designated smoking areas. Therefore, the regulatory status of “Uncertain” is given.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should eliminate designated smoking areas and mandate that all indoor public places and workplaces, including public areas of prisons, be 100% smoke free without exception.
Public transport facilities (waiting areas for mass transit)
The law prohibits smoking in “in metro stations and in the passenger service premises of railway stations, bus stations, airports, sea ports, and river ports” and “on passenger platforms used exclusively for passenger boarding and disembarking on suburban rail services”. However, the law allows designated smoking rooms in airports. For this reason, the regulatory status “smoking is restricted” is given.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all public transport facilities, including in airports.
Trains, buses and other shared ground transportation other than taxis
The law prohibits smoking on all types of urban and suburban public transport, and on long-distance trains that provide passenger transportation services.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to trains, buses, and other shared ground transport. For greater clarity, the law should define the term “public transport” in accordance with the FCTC Art. 8 Guidelines.
Taxis (for-hire vehicle)
The law prohibits smoking “on all types of public transport for urban and suburban services (including vessels providing intra-urban and suburban passenger transport)." This is interpreted to include taxis.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to taxis. However, for greater clarity, the law should provide a definition of “public transport in accordance with the FCTC Art. 8 Guidelines.
Commercial aircraft
The law prohibits smoking in all aircraft, without exception.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial aircraft.
Commercial watercraft
Smoking is restricted to designated smoking areas – in the open air or in isolated rooms – on sea-going vessels that provide passenger transportation services.
The law does not align with FCTC Art. 8 or the FCTC Art. 8 Guidelines because it permits smoking on some types of commercial watercraft. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking on all means of public transportation, including commercial watercraft without exception.
Common areas and elevators of apartment buildings
The law prohibits smoking in common areas and elevators of apartment buildings. However, property owners may allow smoking in specially allocated places in the open air or in isolated common areas of apartment buildings which are equipped with ventilation systems.
