LANGUAGE
Last updated: March 6th 2020

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

Smoking is prohibited in indoor workplaces and indoor public places, with the following exceptions: 1) smoking lounges in airport facilities; 2) hotel guest rooms; and 3) designated smoking rooms in casinos.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not prohibit smoking in all indoor workplaces and public places. FCTC Art. 8 Guidelines para. 24 provides that Parties have a continuous obligation to remove any exemptions as soon as possible, and each Party should strive to provide universal protection within five years of the WHO Framework Convention’s entry into force for that Party.

Law Source, Section
Order of the Secretary for Social Affairs and Culture No. 84/2017

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

Smoking is prohibited in indoor workplaces and indoor public places, with the following exceptions: 1) smoking lounges in airport facilities; 2) hotel guest rooms; and 3) designated smoking rooms in casinos.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not prohibit smoking in all indoor workplaces and public places. FCTC Art. 8 Guidelines para. 24 provides that Parties have a continuous obligation to remove any exemptions as soon as possible, and each Party should strive to provide universal protection within five years of the WHO Framework Convention’s entry into force for that Party.

Law Source, Section
Order of the Secretary for Social Affairs and Culture No. 84/2017

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

Smoking is prohibited in “vehicles and vessels intended for public transportation of passengers and in aerial tramways.” Therefore, smoking is prohibited in all public transportation.

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

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 prohibits smoking in all government offices and agencies and legislative and judicial departments.

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

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 indoor workplaces and indoor public places, with the following exceptions: 1) smoking lounges in airport facilities; 2) hotel guest rooms; and 3) designated smoking rooms in casinos. Because private offices are not included in the places where smoking is allowed, it is interpreted that smoking is prohibited in private offices.

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

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 prohibits smoking in indoor and outdoor areas of healthcare facilities, “such as hospitals clinics, health centers, doctors’ consulting offices, emergency facilities, laboratories, pharmacies and places where non-prescription medications are dispensed.”

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
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 all healthcare facilities, including “hospitals, clinics, [and] health centers” and “old age homes, homes for the handicapped . . . rehabilitation facilities and units for the accommodation and support of addicts and alcoholics.” Together, these provisions are interpreted as prohibiting smoking in all residential healthcare facilities, including public areas.

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
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 all healthcare facilities, “such as hospitals clinics, health centers, doctors’ consulting offices, emergency facilities, laboratories, pharmacies and places where non-prescription medications are dispensed.” Therefore, smoking is prohibited in all 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
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 “places intended for minors under the age of 18, such as nurseries, daycare centers and other childcare institutions, infant and youth homes, leisure time centers, holiday camps and communities and similar institutions.” Therefore, smoking is prohibited in all 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
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 indoor and outdoor areas of 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
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Section 4 of the law prohibits smoking in “institutions of higher learning and vocational training centers.” Section 5 further provides that smoking is allowed in outdoor areas in clearly designated smoking areas. Therefore, smoking is prohibited in indoor areas of 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
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 “large shopping malls, shopping centers, supermarkets, markets and stores.”

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

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 prohibits smoking in “museums, open collections, cultural centers, archives, libraries, conference halls, reading rooms and exhibition halls” and “cinemas, theaters, facilities for public spectacles and other places intended for the presentation of arts and shows.” These provisions are interpreted as prohibiting smoking in all 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
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 “facilities for public spectacles and other places intended for the presentation of arts and shows,” and “athletic facilities.” These provisions are interpreted as prohibiting smoking in indoor stadiums and arenas. In addition, a catch-all provision prohibits smoking in “any other enclosed space intended for public use,” which would prohibit smoking in indoor stadiums and arenas if the previous provisions do not apply.

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

Restaurants

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 “establishments for recreation, eating, drinking and karaoke.” 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
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 “bars, dance halls, sauna and massage establishments.” This provision came into effect three years after the general smoking ban came into effect – January 1, 2015.

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

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.
Analysis

The law permits designated smoking rooms in casinos. These rooms must be approved by the Director of the Health Bureau and must meet the requirements established by the Office of the Secretary for Social Affairs and Culture in Order No. 84/2017. All existing smoking rooms must meet the new standards by January 1, 2019.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of casinos.

Law Source, Section
Order of the Secretary for Social Affairs and Culture No. 84/2017

Hotels/lodging - 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 hotel establishments. Although there is an exemption from the ban for guest rooms, there is no exemption for public areas. Therefore, smoking is prohibited in public areas of hotels and other lodging.

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

Hotels/lodgings - guest rooms

Smoking is Not Restricted
Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

The law prohibits smoking in hotel establishments. However, there is an exemption from the ban for guest rooms. Although hotel managers may designate some rooms as “no-smoking,” the law does not restrict smoking in hotel guest rooms in any way. Therefore, the regulatory status “Smoking is Not Restricted” is assigned.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines the law should prohibit smoking in guest rooms of hotels and lodging.

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 previously included an exemption for smoking areas within correctional institutions. However, the law now requires that the area set aside for smoking be located outside. Therefore, all indoor areas in prisons and other detention facilities are required to be smoke-free.

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

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 prohibits smoking in “vehicles and vessels intended for public transportation of passengers and in aerial tramways.” Therefore, smoking is prohibited on buses, trains, and other shared ground transportation.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect 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 prohibits smoking in “vehicles and vessels intended for public transportation of passengers and in aerial tramways” and specifically prohibits smoking in “taxis.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect 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 in “vehicles and vessels intended for public transportation of passengers and in aerial tramways.” This provision is interpreted as prohibiting smoking 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
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 “vehicles and vessels intended for public transportation of passengers and in aerial tramways.” Therefore, smoking is prohibited on 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)

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

Smoking is prohibited in all public transportation facilities, with the exception of airports, in which designated smoking areas are allowed. Specifically, the law prohibits smoking in “port, airport and railway facilities” and in “terminals and shelters for mass transit vehicles.” However, the law provides an exemption for smoking lounges at airport facilities. Smoking rooms in airports must be approved by the Director of the Health Bureau and must meet the requirements established by the Office of the Secretary for Social Affairs and Culture in Order No. 84/2017. All existing smoking rooms must meet the new standards by January 1, 2019.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all indoor areas of all public transport facilities, including airports.

Law Source, Section
Order of the Secretary for Social Affairs and Culture No. 84/2017

Places with flammable materials

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 places where flammable materials are produced, used, sold, or supplied.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to prohibiting smoking in indoor places and other appropriate places.