Last updated: May 29, 2024

Duties / Penalties

Duty Imposed Upon Business Owners / Employers / Supervisors
Duty Imposed
Sanction(s)

Post signs

Yes
None
Analysis

Decree No. 28 requires legal entities and individual entrepreneurs to post “No Smoking” signs in the smoke-free places under their ownership/management. Resolution No. 35 includes a sample sign and specifies where signs must be posted. In addition, the MOH Rules No. 111 require that “No Smoking” signs are posted in pedestrian underpasses adjacent to subway stations. However, it is not clear what penalties apply to violations of the duty to post signs.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose penalties for violations of this duty.

Remove ashtrays

No
None
Analysis

The law does not impose a duty upon business owners, employers or supervisors to remove ashtrays.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon business owners, employers or supervisors to remove ashtrays and impose penalties for violations of that duty.

Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)

No
None
Analysis

The law does not impose a duty upon business owners, employers or supervisors to take steps to require a person to stop smoking.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon business owners, employers or supervisors to take steps to require a person to stop smoking and impose penalties for violations of that duty.

Other

Yes
None
Analysis

Presidential Decree No. 28 requires posting signs to indicate the location of a designated smoking location, and the sign should state “Smoking Area.”

Duty Imposed Upon Smokers
Duty Imposed
Sanction(s)

Not to smoke where prohibited

Yes
Fine
Analysis

The Code of Administrative Offenses imposes a fine of up to four hundred “base units” upon smokers who smoke in areas where smoking is prohibited.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to imposing fines on smokers who smoke in prohibited areas.