LANGUAGE
Last updated: May 31st 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.
Analysis

The law prohibits smoking in an enumerated list of places, which includes “offices open to the public” and “any other place frequented by the public.”  A decree defines “public places” to include all indoor public places, indoor workplaces and means of public transport, and those terms are comprehensively defined. Therefore, smoking is prohibited in all indoor workplaces except those places specifically enumerated in the law where smoking areas are permitted (hotels, restaurants, bars, public bus stations, ferry terminals, ship terminals, railroad stations, and air terminals). A decree and an administrative order provide for technical standards for closed smoking rooms. 

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor 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.
Analysis

The law prohibits smoking in an enumerated list of places, which includes “any . . . place frequented by the public.”  A decree defines “public places” to include all indoor public places, indoor workplaces and means of public transport, and those terms are comprehensively defined. Therefore, smoking is prohibited in all indoor public places except those places specifically enumerated in the law where smoking areas are permitted (hotels, restaurants, bars, public bus stations, ferry terminals, ship terminals, railroad stations, and air terminals). A decree and an administrative order provide for technical standards for closed smoking rooms. 

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

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.
Analysis

The law prohibits smoking in an enumerated list of places, which includes “public transportation vehicles.” A decree clarifies that public transportation includes “all vehicles used for public or shared transportation, whether paid or otherwise.”

The law and decree align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect 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.
Analysis

The law and decree prohibit smoking in “government buildings.”

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

Hospitals

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

The law and decree prohibit smoking in “health institutions,” which includes hospitals.

The law and decree align 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.
Analysis

The law and decree prohibit smoking in “health institutions,” which includes residential healthcare facilities.

The law and decree align 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.
Analysis

The law and decree prohibit smoking in “health institutions,” which includes non-residential healthcare facilities.

The law and decree align 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.
Analysis

The law and decree prohibit smoking in “schools” and “learning centers.” A decree further clarifies that smoking is prohibited in all indoor workplaces and public places, except in bars, restaurants, and hotels, where designated smoking rooms are required.

The law and decree align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to childcare facilities/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.
Analysis

The law and decree prohibit smoking in “schools” and “learning centers.” A decree further clarifies that smoking is prohibited in all indoor workplaces and public places, except in bars, restaurants, and hotels, where designated smoking rooms are required.

The law and decree align 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.
Analysis

The law and decree prohibit smoking in “university institutions.” A decree further clarifies that smoking is prohibited in all indoor workplaces and public places, except in bars, restaurants, and hotels, where designated smoking rooms are required.

The law and decree align 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.
Analysis

The law and decree prohibit smoking in “any… place frequented by the public.” A decree further clarifies that smoking is prohibited in all indoor workplaces and public places, except in bars, restaurants, and hotels, where designated smoking rooms are required.

The law and decree align 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.
Analysis

The law and decree prohibit smoking in certain types of cultural facilities including “places for spectacles, movies, theater, concerts” and “libraries.” The law and decree also prohibit smoking in “any other place frequented by the public.” The decree further clarifies that smoking is prohibited in all indoor workplaces and public places, except in bars, restaurants, and hotels, where designated smoking rooms are required.

The law and decree align 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.
Analysis

The law and decree prohibit smoking in “sports arenas and grounds.” The law and decree also prohibit smoking in “any other place frequented by the public.” A decree further clarifies that smoking is prohibited in all indoor workplaces and public places, except in bars, restaurants, and hotels, where designated smoking rooms are required.

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

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.
Analysis

The law specifically permits designated smoking areas in “hotels, restaurants and bars.” A decree and an administrative order provide for technical standards for closed smoking rooms.

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.
Analysis

The law specifically permits designated smoking areas in “hotels, restaurants and bars.” A decree and an administrative order provide for technical standards for closed smoking rooms.

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

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

The law prohibits smoking in “any… place frequented by the public.” The decree further clarifies that smoking is prohibited in all indoor workplaces and public places, except in bars, restaurants, and hotels, where designated smoking rooms are required. Further, while the law permits designated smoking areas in certain specified list of places, casinos are not on this list. Taken together, these provisions are interpreted as including casinos as a place where smoking is prohibited.

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

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.
Analysis

The law specifically permits designated smoking areas in “hotels, restaurants and bars.” A decree and an administrative order provide for technical standards for closed smoking rooms.

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 hotels, to be 100% smoke free.

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.
Analysis

The law specifically permits designated smoking areas in “hotels, restaurants and bars.” The decree provides for technical standards for closed smoking rooms and a quota of not more than 20% of rooms to be smoking rooms in hotels and requires that the rooms must be grouped together. A decree and an administrative order provide for technical standards for closed smoking rooms.

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

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.
Analysis

The law prohibits smoking in “any… place frequented by the public” and “government buildings.” These provisions are interpreted as including public areas of prisons. Further, while the law requires designated smoking areas in a list of certain specified places (transportation stations and terminals, hotels, restaurants, and bars), prisons are not on this list. Therefore, public areas of prisons are interpreted to be smoke free.

The law and decree align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to public areas of prisons.

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.
Analysis

The law and decree prohibit smoking on all public transport vehicles and the decree provides that smoking is prohibited in any vehicle. Thus, smoking is prohibited on all trains, buses, and other shared ground transportation.

The law and decree align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to shared ground 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.
Analysis

The law and decree prohibit smoking on all public transport vehicles and the decree provides that smoking is prohibited in any vehicle. Thus, smoking is prohibited on all taxis.

The law and decree align 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.
Analysis

The law prohibits smoking on “vehicles of shared use, such as . . . public transport vehicles” and the decree provides that smoking is prohibited on aircraft.

The law and decree align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to commercial aircraft.

Commercial watercraft

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.
Analysis

The law permits designated smoking areas on sea transport. However, a decree provides that all public transportation vehicles are smoke free. Therefore, the regulatory status "Uncertain" is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all public transport, including sea 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.
Analysis

The law permits designated smoking areas in public bus stations, ferry terminals, ship terminals, railroad stations, and air terminals. A decree and an administrative order provide for technical standards for closed smoking rooms.

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

Elevators

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

The law and decree prohibit smoking in elevators.

The law and decree align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to elevators.

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.
Analysis

Smoking is prohibited in all indoor workplaces, which is interpreted to include private offices, except those places specifically enumerated in the law where smoking areas are permitted (hotels, restaurants, bars, public bus stations, ferry terminals, ship terminals, railroad stations, and air terminals).

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