LANGUAGE
Last updated: July 27th 2015

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 “indoor workplaces jointly used by three or more persons.” Therefore, smoking is allowed in workplaces used only by one or two persons. In addition, the law allows designated smoking rooms in certain public places that are also workplaces for some. For example, smoking rooms are allowed in institutions for the elderly, hotels, shopping malls, restaurants, cigar houses, bars, and businesses open only after 9:00 pm (21:00) and for persons over the age of 18 years.

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 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 certain listed public places, including: schools, universities, cultural institutions, healthcare institutions (except for facilities for the elderly), government buildings or enterprises, public transportation facilities, places where flammables are stored or sold, banks, post offices, telecommunications facilities, places for indoor sports, and places for leisure or entertainment. However, the law allows designated smoking rooms in certain public places including: institutions for the elderly, hotels, shopping malls, restaurants, cigar houses, bars, and businesses open only after 9:00 pm (21:00) and for persons over the age of 18 years.

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 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 “public transportation vehicles, taxis, sightseeing buses, rapid transit systems, stations or passenger rooms.” The Aircraft Flight Operations Regulations specify that passengers must be notified when and where smoking is prohibited. In practice, commercial aircraft are smoke free.

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

Law Source, Section
Aircraft Flight Operations Regulations
Arts. 332, 333

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 “indoor areas of the government agencies and state-owned enterprises.”

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

Private offices

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 “indoor workplaces jointly used by three or more persons.” Therefore, smoking is allowed in workplaces used only by one or two persons, which is interpreted to include private offices.

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

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 medical institutions and medical care institutions. This is interpreted as prohibiting smoking in hospitals.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in this respect.

Residential healthcare facilities - 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 prohibits smoking in “medical institutions, nursing homes, other medical care institutions, and other social welfare organizations.” However, the law permits one exception. In welfare institutions for the elderly, smoking rooms are permitted, provided they have a separate air-conditioning or ventilation system. The area of each smoking room may be no less than six square meters and no more than 35 square meters, and the total area of smoking rooms may not exceed 20 percent of total area of the institution. Smoking rooms may not be used for any other purpose except for smoking.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all residential healthcare institutions, including facilities for the elderly.

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 “medical institutions, nursing homes, other medical care institutions, and other social welfare organizations.” This is interpreted as prohibiting smoking 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 “schools at all levels up to and including high schools, children and youth welfare institutions and other places the main purposes of which are for educations or activities of children and youth.” 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
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 “schools at all levels up to and including high schools, children and youth welfare institutions and other places the main purposes of which are for educations or activities of children and youth.” 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
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 areas of universities and colleges,” and other places of “cultural or social education.” 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

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 restricts smoking in shopping malls and “other business locations for public consumption.” In these places, the law allows designated smoking rooms equipped with independent air-conditioning systems. The area of each smoking room may be no less than six square meters and no more than 35 square meters, and the total area of smoking rooms may not exceed 20 percent of total area of the facility. Smoking rooms may not be used for any other purpose except for smoking.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of shops, shopping malls and 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 prohibits smoking in indoor areas of “libraries, museums, art galleries, and other places where the culture . . . institutions are located,” “performance halls, auditoriums, exhibition rooms,” and “opera houses, cinemas.” Therefore, smoking is prohibited in all cultural facilities.

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

Law Source, Section

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 “places for indoor sports,” and indoor areas of “other leisure entertainment locations open to the general public.” This is interpreted as prohibiting smoking 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 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 restricts smoking in “restaurants or other business locations for public consumption.” In these places, the law allows designated smoking rooms equipped with independent air-conditioning systems. The area of each smoking room may be no less than six square meters and no more than 35 square meters, and the total area of smoking rooms may not exceed 20 percent of total area of the facility. Smoking rooms may not be used for any other purpose except for smoking.

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

Bars/pubs/nightclubs

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

The law exempts from the smoking ban “cigar houses, bars and audio-visual businesses which are only open after 9:00 pm [21:00] and exclusively to persons beyond 18 years of age.” Therefore, smoking is allowed in these places without restriction.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all bars, pubs and nightclubs.

Law Source, Section

Casinos

Not Applicable
The listed place does not exist in the country.
Analysis

As the date of this review, there are no casinos in Taiwan.

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 restricts smoking in hotels. In hotels, smoking is permitted in designated smoking rooms equipped with independent air-conditioning systems. The area of each smoking room may be no less than six square meters and no more than 35 square meters, and the total area of smoking rooms may not exceed 20 percent of total area of the facility. Smoking rooms may not be used for any other purpose except for smoking.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of hotels, including public areas.

Hotels/lodgings - guest rooms

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 permits smoking in hotels in designated smoking rooms equipped with independent air-conditioning systems. The Regulations specify that smoking rooms may not be used for any other purpose except for smoking. Therefore, under the regulations, smoking is prohibited in guest rooms, which are used for a purpose other than smoking.

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
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 areas of the government agencies,” which is interpreted as prohibiting smoking in indoor areas of prisons and detention facilities, including public areas.

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 “public transportation vehicles, taxis, sightseeing buses, rapid transit systems.” Therefore, smoking is prohibited on 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 “public transportation vehicles, taxis, sightseeing buses, rapid transit systems.”

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 “public transportation vehicles, taxis, sightseeing buses, rapid transit systems.” This is interpreted as prohibiting smoking on commercial aircraft. In addition, the Aircraft Flight Operations Regulations specify that passengers must be notified when and where smoking is prohibited.

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

Law Source, Section
Aircraft Flight Operations Regulations
Arts. 332, 333

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 “public transportation vehicles, taxis, sightseeing buses, rapid transit systems.” This is interpreted as prohibiting smoking 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

The law generally prohibits smoking in public transportation stations and passenger rooms. However, there are smoking rooms in the Taipei International Airport. Therefore, the regulatory status “Some Restrictions” is assigned.

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

Private offices

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 “indoor workplaces jointly used by three or more persons.” Therefore, smoking is allowed in workplaces used only by one or two persons, which is interpreted to include private offices.

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

Places for the manufacturing, storage or sale of flammable and explosive items

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 for the manufacturing, storage or sale of flammable and explosive items.

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

Business areas of banks, post offices and offices of telecommunication businesses

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 the business areas of banks, post offices and offices of telecommunication businesses.

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

Indoor areas where pregnant women or children younger than three years of age are present

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 areas where pregnant women or children younger than three years of age are present.