Last updated: July 19, 2024

Smoke Free Status of Indoor Public Places, Workplaces, and Public Transport

All indoor workplaces

100% Smoke Free
Analysis

Law No. 5538 lists places where it is forbidden to smoke, including indoor workplaces, except for in designated smoking areas. Decree No. 4624 clarifies that designated smoking areas under Law No. 5538 can only be located outdoors where there are no crowds and in places that do not constitute transit areas for people who do not smoke, including heated tobacco products, or use e-cigarettes, with or without nicotine. Therefore, all indoor workplaces are 100% smoke free.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor workplaces.

All indoor public places

100% Smoke Free
Analysis

Law No. 5538 lists places where it is forbidden to smoke, including indoor public places, except for in designated smoking areas. Decree No. 4624 clarifies that designated smoking areas under Law No. 5538 can only be located outdoors where there are no crowds and in places that do not constitute transit areas for people who do not smoke, including heated tobacco products, or use e-cigarettes, with or without nicotine. Therefore, all indoor public places are 100% smoke free.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor public places.

All public transport

100% Smoke Free
Analysis

Law No. 5538 prohibits smoking on all means of public passenger transportation. Although the law permits smoking in designated smoking areas, Decree No. 4624 clarifies that these can only be located outside where there are no crowds and in places that do not constitute transit areas for people who do not smoke, including heated tobacco products, or use e-cigarettes, with or without nicotine. Therefore, smoking is prohibited on all means of public transport.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transportation.

Government facilities

100% Smoke Free
Analysis

The law specifically prohibits smoking in types of facilities owned or operated by the government, such as areas occupied by the Ministry of Public Health and Social Welfare, the Government Palace, and the Presidential Residence, among others. Although the law permits smoking in designated smoking areas, Decree No. 4264 clarifies that these are only allowed in places or areas outdoors where there are no crowds or gathering of people and that do not constitute transit areas for people who do not smoke, including heated tobacco products, or use e-cigarettes, with or without nicotine. Taken together, these provisions are interpreted as prohibiting smoking in all government facilities.

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

Private offices

100% Smoke Free
Analysis

The law prohibits smoking in closed work areas, such as mines, factories, and workshops. “Closed work areas” is interpreted as covering all indoor workplaces. The law also states that all closed workspaces, public and private, are required to post notices with the international “No Smoking” symbol and the text: “No smoking. 100% smoke-free environment” (also in Guaraní). Although the law permits smoking in designated smoking areas, Decree No. 4624 clarifies that these can only be located outside where there are no crowds and in places that do not constitute transit areas for people who do not smoke, including heated tobacco products, or use e-cigarettes, with or without nicotine. Therefore, smoking in indoor private offices is prohibited.

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

Hospitals

100% Smoke Free
Analysis

The law specifically prohibits smoking in health centers and establishments, such as clinics, hospitals, health centers, first aid posts, etc., whether open or closed. Although the law permits smoking in designated smoking areas, Decree No. 4624 clarifies that these can only be located outside where there are no crowds and in places that do not constitute transit areas for people who do not smoke, including heated tobacco products, or use e-cigarettes, with or without nicotine. 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

100% Smoke Free
Analysis

The law specifically prohibits smoking in health centers and establishments, such as clinics, hospitals, health centers, first aid posts, etc., whether open or closed. Although the law permits smoking in designated smoking areas, Decree No. 4624 clarifies that these can only be located outside where there are no crowds and in places that do not constitute transit areas for people who do not smoke, including heated tobacco products, or use e-cigarettes, with or without nicotine. 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

100% Smoke Free
Analysis

The law specifically prohibits smoking in health centers and establishments, such as clinics, hospitals, health centers, first aid posts, etc., whether open or closed. Although the law permits smoking in designated smoking areas, Decree No. 4624 clarifies that these can only be located outside where there are no crowds and in places that do not constitute transit areas for people who do not smoke, including heated tobacco products, or use e-cigarettes, with or without nicotine. 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

100% Smoke Free
Analysis

The law specifically prohibits smoking in nursery, primary, and intermediate school establishments, regardless of whether they are open or closed spaces. Although the law permits smoking in designated smoking areas, Decree No. 4624 clarifies that these can only be located outside where there are no crowds and in places that do not constitute transit areas for people who do not smoke, including heated tobacco products, or use e-cigarettes, with or without nicotine. Therefore, smoking is prohibited in childcare facilities and preschools.

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

Primary and secondary schools

100% Smoke Free
Analysis

The law specifically prohibits smoking in nursery, primary, and intermediate school establishments, regardless of whether they are open or closed spaces. Although the law permits smoking in designated smoking areas, Decree No. 4624 clarifies that these can only be located outside where there are no crowds and in places that do not constitute transit areas for people who do not smoke, including heated tobacco products, or use e-cigarettes, with or without nicotine. 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

100% Smoke Free
Analysis

The law specifically prohibits smoking in closed spaces of teaching centers, institutes, and universities, such as classrooms and conference rooms. Although the law permits smoking in designated smoking areas, Decree No. 4624 clarifies that these can only be located outside where there are no crowds and in places that do not constitute transit areas for people who do not smoke, including heated tobacco products, or use e-cigarettes, with or without nicotine. 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

100% Smoke Free
Analysis

The law specifically prohibits smoking “inside of closed facilities that serve as retail food sellers, corner stores, supermarkets, etc.” and in “supermarkets, malls, and similar establishments open to the public and drawing a large number of people.” Although the law permits smoking in designated smoking areas, Decree No. 4624 clarifies that these can only be located outside where there are no crowds and in places that do not constitute transit areas for people who do not smoke, including heated tobacco products, or use e-cigarettes, with or without nicotine. Therefore, smoking is prohibited in all shops and stores.

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

Cultural facilities

100% Smoke Free
Analysis

The law specifically prohibits smoking in stadiums, movie theaters, theaters, libraries, auditoriums, museums, and any other enclosed area intended for public activities. Although the law permits smoking in designated smoking areas, Decree No. 4624 clarifies that these can only be located outside where there are no crowds and in places that do not constitute transit areas for people who do not smoke, including heated tobacco products, or use e-cigarettes, with or without nicotine. Therefore, smoking is prohibited in cultural facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to cultural facilities.

Indoor stadium/arenas

100% Smoke Free
Analysis

The law specifically prohibits smoking in stadiums, movie theaters, theaters, libraries, auditoriums, museums, and any other enclosed area intended for public activities. Although the law permits smoking in designated smoking areas, Decree No. 4624 clarifies that these can only be located outside where there are no crowds and in places that do not constitute transit areas for people who do not smoke, including heated tobacco products, or use e-cigarettes, with or without nicotine. Therefore, smoking is prohibited in indoor stadiums and arenas.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor stadiums/arenas

Restaurants

100% Smoke Free
Analysis

The law specifically prohibits smoking in pubs, restaurants, night clubs, bars, casinos, etc. Although the law permits smoking in designated smoking areas, Decree No. 4624 clarifies that these can only be located outside where there are no crowds and in places that do not constitute transit areas for people who do not smoke, including heated tobacco products, or use e-cigarettes, with or without nicotine. Therefore, smoking is prohibited in restaurants.

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

Bars/pubs/nightclubs

100% Smoke Free
Analysis

The law specifically prohibits smoking in pubs, restaurants, night clubs, bars, casinos, etc. Although the law permits smoking in designated smoking areas, Decree No. 4624 clarifies that these can only be located outside where there are no crowds and in places that do not constitute transit areas for people who do not smoke, including heated tobacco products, or use e-cigarettes, with or without nicotine. Therefore, smoking is prohibited in bars, pubs, and nightclubs.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to bars, pubs, and nightclubs.

Casinos

100% Smoke Free
Analysis

The law specifically prohibits smoking in pubs, restaurants, night clubs, bars, casinos, etc. Although the law permits smoking in designated smoking areas, Decree No. 4624 clarifies that these can only be located outside where there are no crowds and in places that do not constitute transit areas for people who do not smoke, including heated tobacco products, or use e-cigarettes, with or without nicotine. 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

100% Smoke Free
Analysis

The law prohibits smoking in enclosed workplaces. Although the law permits smoking in designated smoking areas, Decree No. 4624 clarifies that these can only be located outside where there are no crowds and in places that do not constitute transit areas for people who do not smoke, including heated tobacco products, or use e-cigarettes, with or without nicotine.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of hotels.

Hotels/lodgings - guest rooms

100% Smoke Free
Analysis

The law prohibits smoking in enclosed workplaces. Although the law permits smoking in designated smoking areas, Decree No. 4624 clarifies that these can only be located outside where there are no crowds and in places that do not constitute transit areas for people who do not smoke, including heated tobacco products, or use e-cigarettes, with or without nicotine. Although hotel guest rooms are not addressed specifically, the law is interpreted as prohibiting smoking in all hotel guest rooms since designated smoking areas are only permitted outdoors.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to hotel guest rooms.

Prisons/detention facilities - public areas

100% Smoke Free
Analysis

The Law prohibits smoking in enclosed workplaces and enclosed public places. Although the law permits smoking in designated smoking areas, Decree No. 4624 clarifies that these can only be located outside where there are no crowds and in places that do not constitute transit areas for people who do not smoke, including heated tobacco products, or use e-cigarettes, with or without nicotine.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to prisons/detention facilities - public areas.

Trains, buses and other shared ground transportation other than taxis

100% Smoke Free
Analysis

The law specifically prohibits smoking in public passenger transportation units, including land, air, rail, sea, and river. Although the law permits smoking in designated smoking areas, Decree No. 4624 clarifies that these can only be located outside where there are no crowds and in places that do not constitute transit areas for people who do not smoke, including heated tobacco products, or use e-cigarettes, with or without nicotine. Therefore, smoking is prohibited on trains, buses, and other shared ground transportation.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to trains, buses, and other shared ground transportation.

Taxis (for-hire vehicle)

100% Smoke Free
Analysis

The law specifically prohibits smoking in public passenger transportation units, including land, air, rail, sea, and river. Although the law permits smoking in designated smoking areas, Decree No. 4624 clarifies that these can only be located outside where there are no crowds and in places that do not constitute transit areas for people who do not smoke, including heated tobacco products, or use e-cigarettes, with or without nicotine. Therefore, smoking is prohibited in taxis.

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

Commercial aircraft

100% Smoke Free
Analysis

The law specifically prohibits smoking in public passenger transportation units, including land, air, rail, sea, and river. Although the law permits smoking in designated smoking areas, Decree No. 4624 clarifies that these can only be located outside where there are no crowds and in places that do not constitute transit areas for people who do not smoke, including heated tobacco products, or use e-cigarettes, with or without nicotine. Therefore, smoking is prohibited in commercial aircraft.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial aircraft.

Commercial watercraft

100% Smoke Free
Analysis

The law specifically prohibits smoking in public passenger transportation units, including land, air, rail, sea, and river. Although the law permits smoking in designated smoking areas, Decree No. 4624 clarifies that these can only be located outside where there are no crowds and in places that do not constitute transit areas for people who do not smoke, including heated tobacco products, or use e-cigarettes, with or without nicotine. Therefore, smoking is prohibited in commercial watercraft.

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

Public transport facilities (waiting areas for mass transit)

100% Smoke Free
Analysis

The law specifically prohibits smoking in public passenger transportation units, including land, air, rail, sea, and river, including elevators, in addition to closed spaces of the public transportation stations, whether for land, river, rail, or air. Although the law permits smoking in designated smoking areas, Decree No. 4624 clarifies that these can only be located outside where there are no crowds and in places that do not constitute transit areas for people who do not smoke, including heated tobacco products, or use e-cigarettes, with or without nicotine. Therefore, smoking is prohibited in public transport facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transport facilities.

Enclosed areas where fuel, gas services, etc. are sold

100% Smoke Free
Analysis

The law prohibits smoking in enclosed areas where fuel, gas services, etc. are sold. Although the law permits smoking in designated smoking areas, Decree No. 4624 clarifies that these can only be located outside where there are no crowds and in places that do not constitute transit areas for people who do not smoke, including heated tobacco products, or use e-cigarettes, with or without nicotine. Therefore, these facilities are 100% smoke free.

Places where explosives, flammable materials, drugs, or food are manufactured, processed, stored or handled

100% Smoke Free
Analysis

The law prohibits smoking in places where explosives, flammable materials, drugs, or food are manufactured, processed, stored, or handled. Although the law permits smoking in designated smoking areas, Decree No. 4624 clarifies that these can only be located outside where there are no crowds and in places that do not constitute transit areas for people who do not smoke, including heated tobacco products, or use e-cigarettes, with or without nicotine. Therefore, these facilities are 100% smoke free.

Elevators and lifts

100% Smoke Free
Analysis

The law prohibits smoking in elevators and lifts. Although the law permits smoking in designated smoking areas, Decree No. 4624 clarifies that these can only be located outside where there are no crowds and in places that do not constitute transit areas for people who do not smoke, including heated tobacco products, or use e-cigarettes, with or without nicotine. Therefore, these facilities are 100% smoke free.

Phone booths, ATM kiosks, and other small, closed public-use spaces

100% Smoke Free
Analysis

The law prohibits smoking in phone booths, ATM kiosks, and other small, closed public-use spaces. A small public-use space is understood as one that is no larger than five square meters. Although the law permits smoking in designated smoking areas, Decree No. 4624 clarifies that these can only be located outside where there are no crowds and in places that do not constitute transit areas for people who do not smoke, including heated tobacco products, or use e-cigarettes, with or without nicotine. Therefore, these facilities are 100% smoke free.