LANGUAGE
Last updated: November 12th 2019

Sales Restrictions

Sale of single cigarettes/sticks

Allowed
Analysis

The law does not specifically prohibit the sale of single cigarette sticks; therefore, the law is interpreted as permitting the sale of single cigarette sticks.

To align with FCTC Art. 16, the law should prohibit the sale of single cigarettes as this increases the affordability of cigarettes to minors.

Sale of tobacco products via vending machines

Banned
Analysis

The law prohibits vending machine sales of tobacco products.

The law aligns with FCTC Art. 13, the FCTC Art. 13 Guidelines, and FCTC Art. 16 in this respect.

Sale of tobacco products via the internet

Banned
Analysis

The law strictly prohibits advertising and promotion of tobacco products, direct marketing to the users of tobacco in any form, and encouraging, persuading, and coercing other people to use tobacco. While it might not be entirely clear that this prohibition includes a ban on internet sales since “tobacco advertising and promotion” is not defined, the implementation roadmap in Section I of the Prime Minister’s Decision No. 1315 provides for measures specifically to, among other things, ban internet sales of tobacco products to prevent minors’ access to tobacco products. Therefore, the law is interpreted as prohibiting internet tobacco product sales.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to internet sales of tobacco products.

Sale of smokeless tobacco products

Allowed
Analysis

The law does not specifically prohibit the sale of smokeless tobacco products; therefore, the law is interpreted as permitting the sale of smokeless tobacco products.

Sale of waterpipe tobacco products

Allowed
Analysis

The law does not specifically prohibit the sale of waterpipe tobacco; therefore, the law is interpreted as permitting the sale of waterpipe tobacco.

Location-based Sales Restrictions

Schools/educational facilities

Banned
Analysis

The Law on Prevention and Control of Tobacco Harms, Art. 25.2, prohibits the sale of tobacco within 100 meters from the boundary of children's daycare centers, kindergartens, elementary schools, secondary schools, and high schools. In addition, Art. 25.2 prohibits the sale of tobacco in places where smoking is prohibited or restricted, which includes universities, colleges, and academic institutes (Art. 11).

Playgrounds

Banned
Analysis

The Law on Prevention and Control of Tobacco Harms prohibits the sale of tobacco in places where smoking is prohibited or restricted (Art. 25.2), which includes "entertainment areas designed for children" (Art. 11). This phrase is interpreted to include playgrounds. Therefore, the sale of tobacco is prohibited in playgrounds.

Stadiums/arenas

Banned
Analysis

The Law on Prevention and Control of Tobacco Harms prohibits the sale of tobacco in places where smoking is prohibited or restricted (Art. 25.2), which includes "public places" (Art. 11). "Public places" are defined as "places that serve commonly for the need of many people" (Art. 2.7). Because sports facilities are public places, the sale of tobacco is prohibited in sports facilities.

Healthcare facilities

Banned
Analysis

The Law on Prevention and Control of Tobacco Harms prohibits the sale of tobacco in places where smoking is prohibited or restricted (Art. 25.2), which includes "health facilities" (Art. 11).

Cultural facilities

Banned
Analysis

The Law on Prevention and Control of Tobacco Harms prohibits the sale of tobacco in places where smoking is prohibited or restricted (Art. 25.2), which includes "public places" (Art. 11). "Public places" are defined as "places that serve commonly for the need of many people" (Art. 2.7). Because cultural and entertainment facilities are public, the law is interpreted as prohibiting the sale of tobacco in cultural and entertainment facilities.

Areas with high risk of fire and explosion

Banned
Analysis

The Law on Prevention and Control of Tobacco Harms prohibits the sale of tobacco in places where smoking is prohibited or restricted (Art. 25.2), which includes "areas with high risk of fire and explosion" (Art. 11).

Workplaces

Banned
Analysis

The Law on Prevention and Control of Tobacco Harms prohibits the sale of tobacco in places where smoking is prohibited or restricted (Art. 25.2), which includes "workplaces" (Art. 11). Workplace is defined as "places that are used for the purpose of working" (Art. 2.8).

Public transport including: automobiles, airplanes, sky train/metro, ships and trains

Banned
Analysis

The Law on Prevention and Control of Tobacco Harms prohibits the sale of tobacco in places where smoking is prohibited or restricted (Art. 25.2), which includes public transport, including "automobiles, airplanes, sky train/metro" (Art. 11) and "ships and trains" (Art. 12).

Bars, karaoke lounges, discos hotel and guesthouses

Banned
Analysis

The Law on Prevention and Control of Tobacco Harms prohibits the sale of tobacco in places where smoking is prohibited or restricted (Art. 25.2), which includes "bars, karaoke lounges, discos, hotels and guesthouses" (Art. 12).

Public places (not otherwise mentioned)

Banned
Analysis

The Law on Prevention and Control of Tobacco Harms prohibits the sale of tobacco in places where smoking is prohibited or restricted (Art. 25.2), which includes "public places" (Art. 11). Public place is defined as "places that serve commonly for the need of many people" (Art. 2.7). Therefore, tobacco sales are prohibited in any other public place not mentioned above.

Retail Package Size Restrictions

Minimum number of cigarette sticks per unit package

Yes
Analysis

The law requires cigarette packets to have at a minimum 20 cigarette sticks.

The law aligns with FCTC Art. 16 with respect to the sale of small packets of cigarettes.

Minimum weight of smokeless tobacco per unit package

No
Analysis

The law does not require a minimum weight per unit package of smokeless tobacco.

Retail Licensing Requirements

Specific retail license required to sell tobacco products

Yes
Analysis

The law requires retail traders in tobacco products to obtain a tobacco product trading license from the Ministry of Trade.

The law aligns with FCTC Art. 15 in that the law requires retailers to obtain a license to sell tobacco products.