Last updated: May 29, 2024
Smoke Free Status of Indoor Public Places, Workplaces, and Public Transport
All indoor workplaces
Decree No. 28 provides a list of places where smoking is either prohibited or restricted to designated smoking areas. Many of these places are workplaces for some people. The law restricts smoking to designated smoking areas in certain places including, but not limited to, healthcare facilities, cultural facilities, sports facilities, shops and consumer services facilities, catering facilities, and government facilities.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces.
All indoor public places
Decree No. 28 provides a list of places where smoking is either prohibited or restricted to designated smoking areas. The law restricts smoking to designated smoking areas in certain places including, but not limited to, healthcare facilities, cultural facilities, sports facilities, shops and consumer services facilities, catering facilities, and government facilities.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor public places.
All public transport
Decree No. 28 prohibits smoking on all public transport with the exception of commercial watercraft. Smoking on commercial watercraft is restricted to designated areas.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all types of public transport, including commercial watercraft.
Government facilities
Decree No. 28 restricts smoking to designated areas in state bodies.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all government facilities.
Private offices
Decree No. 28 restricts smoking to designated areas in private offices, including but not limited to, banking institutions, social institutions, and insurance companies.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all private offices.
Hospitals
Decree No. 28 restricts smoking to designated areas in healthcare facilities, which includes hospitals.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all healthcare facilities, including
Residential healthcare facilities - public areas
Decree No. 28 restricts smoking to designated areas in healthcare facilities, which includes public areas of residential healthcare facilities.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all healthcare facilities, including residential healthcare facilities.
Non-residential healthcare facilities
Decree No. 28 restricts smoking to designated areas in healthcare facilities, which is interpreted to include non-residential healthcare facilities.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all healthcare facilities, including non-residential healthcare facilities.
Childcare facilities/preschools
Decree No. 28 prohibits smoking in educational institutions. Although the law does not provide a definition of “educational institutions,” the term is interpreted as including childcare facilities and preschools. Therefore, the regulatory status code “100% Smoke Free” is given.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to childcare facilities and preschools.
Primary and secondary schools
Decree No. 28 prohibits smoking educational institutions. 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
Decree No. 28 prohibits smoking in educational institutions and the premises of organizations implementing post-graduate education programs. 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
Decree No. 28 restricts smoking to designated areas in shopping sites, consumer service centers, shopping centers and markets.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all shops and shopping centers/malls.
Cultural facilities
Decree No. 28 restricts smoking to designated areas in cultural facilities.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all cultural facilities.
Indoor stadium/arenas
Decree No. 28 restricts smoking to designated areas in sports facilities. However, smoking is prohibited on the territories in and premises occupied by “sports-health camps and other camps.”
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of stadiums and arenas.
Restaurants
Decree No. 28 restricts smoking to designated areas in public dining facilities, which includes restaurants.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all restaurants.
Bars/pubs/nightclubs
Decree No. 28 restricts smoking to designated areas in public dining facilities which applies to bars, pubs and nightclubs if they serve food. Thus, if a bar, pub, or night club does not serve food, the law is interpreted as allowing smoking without restriction.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all bars, pubs and nightclubs.
Casinos
Decree No. 28 restricts smoking to designated areas in public dining facilities, which applies to casinos if they serve food. Thus, if a casino does not serve food, the law is interpreted as allowing smoking without restriction.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all casinos.
Hotels/lodging - public areas
Decree No. 28 restricts smoking to designated areas in hotels.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of hotels.
Hotels/lodgings - guest rooms
Decree No. 28 restricts smoking to designated areas in hotels.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of hotels.
Prisons/detention facilities - public areas
Prison regulations of the Ministry of Internal Affairs, 20 October 2000, No. 174 prohibit prisoners from smoking in non-smoking areas.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of prisons and detention facilities.
Trains, buses and other shared ground transportation other than taxis
Decree No. 28 prohibits smoking in all types of public transport excluding sea vessels, which is interpreted to include trains, buses, and other shared ground transport.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to trains, buses, and other shared ground transport.
Taxis (for-hire vehicle)
Decree No. 28 prohibits smoking in all types of public transport excluding sea vessels, which is interpreted to include taxis (for-hire vehicles).
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to taxis.
Commercial aircraft
Decree No. 28 prohibits smoking in all types of public transport excluding sea vessels, which is interpreted to include commercial aircraft.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial aircraft.
Commercial watercraft
Decree No. 28 restricts smoking to designated areas in sea vessels and vessels of “mixed (river-sea) navigation.”
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all commercial watercraft.
Public transport facilities (waiting areas for mass transit)
Decree No. 28 restricts smoking to designated areas in most public transport facilities, including road transport terminals, railway stations, ports, and airports. The law prohibits smoking in underground passages at metro stations, “at stops on routes of vehicle transportation and transportation of passengers by city electric transport” and “areas used for passengers to embark and disembark.” Further, in subway stations, the MOH Rules No. 111 prohibit smoking in “the underground pedestrian crosswalks adjacent to the subway stations, passenger zones of the subway stations, . . . except for the places specially designated for this purpose.”
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all public transport facilities.
Cars in which children under the age of 14 are present
Decree No. 28 prohibits smoking in cars in which children under the age of 14 are present.
Elevators and auxiliary premises of multi- apartment residential buildings, dormitories
Decree No. 28 prohibits smoking in elevators and auxiliary premises of multi-apartment residential buildings and dormitories.