Brunei Darussalam

The law states that the Health Minister may specify any "premises or building or any such part thereof" as a place in which smoking is not permitted. The First Schedule of the regulations list numerous premises and buildings in which smoking is completely prohibited, including, among others: government premises, office premises, factories and workshops, restaurants, hotels and many other workplaces and public places. Thus, although the definition of "office premises" only covers places in which "administrative or clerical" work is carried out, the inclusion of many other types of workplaces in the First Schedule means almost all "workplaces" (as defined in the FCTC Art. 8 Guidelines) are covered under the smoking ban. However, hotel guestrooms, which are workplaces for some, are specifically not covered under the ban. Because smoking is not prohibited in hotel guest rooms and some workplaces may be unintentionally excluded from the list, the regulatory status "Smoking is Restricted" is given.

To ensure alignment with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law or regulations should include a definition of "workplace" in accordance with the definition contained in the FCTC Art. 8 Guidelines and prohibit smoking in all "workplaces."

The law states that the Health Minister may specify any "premises or building or any such part thereof" as a place in which smoking is not permitted. The First Schedule of the regulations lists numerous premises and buildings in which smoking is completely prohibited, which includes almost all types of public places. However, hotel guest rooms, which are housed within public places (as defined in the FCTC Art. 8 Guidelines), are specifically not covered under the ban. Although hotel guest rooms are not public places, permitting smoking in some guest rooms will result in exposure to tobacco smoke in other areas of the hotel, including public areas. In addition, some public places may be unintentionally excluded from the list. Therefore, the regulatory status code “Smoking is Restricted” is given rather than “100% Smoke Free.”

To ensure alignment with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law or regulations should include a definition of "public place" in accordance with the definition contained in the FCTC Art. 8 Guidelines and prohibit smoking in all "public places."

The law states that the Health Minister may specify any "public service vehicle" as a vehicle in which smoking is not permitted. The Second Schedule of the regulations lists public service vehicles in which smoking is prohibited, as follows: any motor omnibus (defined as a public service vehicle that can carry 7 or more passengers), any private bus, any private hire bus, any school bus, and any taxicab (defined as a motor vehicle licensed to carry not more than 6 passengers). This list does not include trains or watercraft (both of which are forms of transport in Brunei), and may neglect to include other types of public transport. Therefore, the regulatory status "Smoking is Restricted" is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking on all means of public transport.

Under the Tobacco Order, 2005, the Health Minister may specify any "premises or building or any such part thereof" as a place in which smoking is not permitted. The First Schedule of the regulations (as amended in 2012) lists "government premises" as a place where smoking is prohibited. Government premises is defined as "any premises owned or occupied by the Government or any statutory body." Therefore, smoking is prohibited in all government facilities.

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

Under the Tobacco Order, 2005, the Health Minister may specify any "premises or building or any such part thereof" as a place in which smoking is not permitted. The First Schedule of the regulations (as amended in 2012) lists "office premises" as places that are smoke free. This is interpreted as prohibiting smoking in all indoor private offices.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines, which require Parties to provide protection from exposure to tobacco smoke in indoor workplaces, public transport, indoor public places and, as appropriate, other public places.

Under the Tobacco Order, 2005, the Health Minister may specify any "premises or building or any such part thereof" as a place in which smoking is not permitted. The First Schedule of the regulations (as amended in 2012) lists "hospital, medical clinics or nursing homes" as places where smoking is prohibited. (The regulations define "hospital" as "any premises used or intended to be used for the reception, lodging, treatment and care of persons who require medical treatment or suffer from any sickness, disease, injury or infirmity".) Therefore, smoking is prohibited in all hospitals.

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

Under the Tobacco Order, 2005, the Health Minister may specify any "premises or building or any such part thereof" as a place in which smoking is not permitted. The First Schedule of the regulations (as amended in 2012) lists "hospital, medical clinics or nursing homes" as places where smoking is prohibited. The regulations define "nursing home" as "any premises used or intended to be used for the reception of, and the provision of nursing for, persons suffering or convalescing from any sickness, injury or infirmity." This is interpreted as covering all residential healthcare facilities. Therefore, smoking is prohibited in residential healthcare facilities, including their public areas.

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

Under the Tobacco Order, 2005, the Health Minister may specify any "premises or building or any such part thereof" as a place in which smoking is not permitted. The First Schedule of the regulations (as amended in 2012) lists "hospital, medical clinics or nursing homes" as places where smoking is prohibited. The regulations define "medical clinic" as "any premises used or intended to be used by a medical practitioner or a dentist, as the case may be, registered under the Medical Practitioners and Dentists Act (Chapter 112) or any other persons - (a) for the diagnosis or treatment of persons suffering from or believed to be suffering from any disease, injury or disability of mind or body; or (b) for curing or alleviating any abnormal condition of the human body by the application of any apparatus, equipment, instrument or device requiring the use of electricity, heat or light." This is interpreted as covering all non-residential healthcare facilities. 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.

Under the Tobacco Order, 2005, the Health Minister may specify any "premises or building or any such part thereof" as a place in which smoking is not permitted. The First Schedule of the regulations (as amended in 2012) lists "any area in a child care center" and "any area in an educational institution" as places where smoking is prohibited. The regulations define “educational Institution,” by reference to the Education Act, as including “a pre-school class, [or] a kindergarten.” 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.

Under the Tobacco Order, 2005, the Health Minister may specify any "premises or building or any such part thereof" as a place in which smoking is not permitted. The First Schedule of the regulations (as amended in 2012) lists "any area in an educational institution" as a place where smoking is prohibited. The regulations define “educational institution,” by reference to the Education Act, as "a school or any other place where, in the carrying on of the work of the organisation or institution, persons are habitually taught, whether in one or more classes, and includes a pre-school class, a kindergarten and a distance education centre . . . ." 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.

Under the Tobacco Order, 2005, the Health Minister may specify any "premises or building or any such part thereof" as a place in which smoking is not permitted. The First Schedule of the regulations (as amended in 2012) lists "any area in . . . a higher educational institution" as a place where smoking is prohibited. The regulations define "higher educational institution," by the Education Act, as "an educational institution providing higher education leading to the award of a diploma, degree or the equivalent thereof." 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.

Under the Tobacco Order, 2005, the Health Minister may specify any "premises or building or any such part thereof" as a place in which smoking is not permitted. The First Schedule of the regulations (as amended in 2012) lists "shop" and "shopping complex" as places where smoking is prohibited. Therefore, smoking is prohibited in shops.

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

Under the Tobacco Order, 2005, the Health Minister may specify any "premises or building or any such part thereof" as a place in which smoking is not permitted. The First Schedule of the regulations (amended 2012) lists public museums, public art galleries, and public libraries as places where smoking is prohibited. Entertainment centers, theaters, cinemas and function halls are also smoke free. 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. However, to ensure that all cultural facilities are smoke free, the law should clearly state that smoking is prohibited in all cultural facilities, rather than listing types of cultural facilities.

Under the Tobacco Order, 2005, the Health Minister may specify any "premises or building or any such part thereof" as a place in which smoking is not permitted. The First Schedule of the regulations (as amended in 2012) lists "sports arena or sports stadium . . . or any other premises for sports activity" and "any area which is used for any assembly activity in a building other than private or residential building" as places where smoking is prohibited. These provisions are 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.

Under the Tobacco Order, 2005, the Health Minister may specify any "premises or building or any such part thereof" as a place in which smoking is not permitted. The First Schedule of the regulations (as amended in 2012) lists "eating place including any toilet within the boundaries thereof" and "restaurant . . . in any private club" as places where smoking is prohibited. "Eating place" is defined as "any place or any part of the place where food, meals or refreshments are served to the public and includes a ballroom of a hotel." Therefore, smoking is prohibited in all restaurants.

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

Alcohol is not sold in Brunei and therefore there are no bars, pubs, or nightclubs.

There are no casinos in Brunei. However, there are "entertainment centers" which are defined as "any premises where jackpot machines, pinball machines, video game machines or any other similar game machines are provided for entertainment."

Under the Tobacco Order, 2005, the Health Minister may specify any "premises or building or any such part thereof" as a place in which smoking is not permitted. The First Schedule of the regulations (as amended in 2012) lists "entertainment centers" as a place where smoking is prohibited.

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

Under the Tobacco Order, 2005, the Health Minister may specify any "premises or building or any such part thereof" as a place in which smoking is not permitted. The First Schedule of the regulations (as amended in 2012) lists "corridor, lobby, staircase, toilet or other common area in . . . hotel, resthouse, resort centre or hostel" and "hall, ballroom or function room (including any such premises located in a hotel) whether or not it is being used for holding a meeting, conference, seminar, course or any exhibition or for the purpose of serving meals" as places where smoking is prohibited. Therefore, smoking is prohibited in public areas of hotels and lodging.

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

Under the Tobacco Order, 2005, the Health Minister may specify any "premises or building or any such part thereof" as a place in which smoking is not permitted. The First Schedule of the regulations (as amended in 2012) prohibits smoking in common areas of hotels and lodging, but does not address guest rooms of hotels and lodging. Therefore, the law is interpreted as permitting smoking in guest rooms.

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

Under the Tobacco Order, 2005, the Health Minister may specify any "premises or building or any such part thereof" as a place in which smoking is not permitted. The First Schedule of the regulations (as amended in 2012) lists "government premises" as a place where smoking is prohibited. The regulations define “government premises” as "any premises owned or occupied by the Government or any statutory body." Because prisons and detention facilities are owned by the government, the law is interpreted as prohibiting smoking in prisons and detention facilities, including public areas.

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

The law states that the Health Minister may specify any "public service vehicle" as a vehicle in which smoking is not permitted. The Second Schedule of the regulations lists public service vehicles in which smoking is prohibited, as follows: any motor omnibus (defined as a public service vehicle that can carry 7 or more passengers), any private bus, any private hire bus, any school bus, and any taxicab (defined as a motor vehicle licensed to carry not more than 6 passengers). This list does not include trains and may neglect to include other types of shared ground transport. Therefore, the regulatory status "Smoking is Restricted" is given because smoking is prohibited in some but not all forms of shared ground transport.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking on all shared ground transportation.

The law states that the Health Minister may specify any "public service vehicle" as a vehicle in which smoking is not permitted. The Second Schedule of the regulations lists public service vehicles in which smoking is prohibited, as follows: any motor omnibus (defined as a public service vehicle that can carry 7 or more passengers), any private bus, any private hire bus, any school bus, and any taxicab (defined as a motor vehicle licensed to carry not more than 6 passengers).

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

The law states that the Health Minister may specify any "public service vehicle" as a vehicle in which smoking is not permitted. The Second Schedule of the 2007 regulations lists public service vehicles in which smoking is prohibited, as follows: any motor omnibus (defined as a public service vehicle that can carry 7 or more passengers), any private bus, any private hire bus, any school bus, and any taxicab (defined as a motor vehicle licensed to carry not more than 6 passengers). The schedule does not address commercial aircraft. However, Royal Brunei Airlines has a policy prohibiting smoking on all international and regional flights. The use of e-cigarettes is also prohibited. http://www.flyroyalbrunei.com/australia/travel-info/regulations-passenger-info/. Other airlines that fly into Brunei have similar policies.

To fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should specifically state that smoking is prohibited on all commercial aircraft.

The law states that the Minister may specify any "public service vehicle" as a vehicle in which smoking is not permitted. The Second Schedule of the 2007 regulations lists public service vehicles in which smoking is prohibited, as follows: any motor omnibus (defined as a public service vehicle that can carry 7 or more passengers), any private bus, any private hire bus, any school bus, any taxicab (defined as a motor vehicle licensed to carry not more than 6 passengers). The schedule does not address commercial watercraft and therefore the law is interpreted as permitting smoking on commercial watercraft.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in commercial watercraft.

Under the Tobacco Order, 2005, the Health Minister may specify any "premises or building or any such part thereof" as a place in which smoking is not permitted. The First Schedule of the regulations (as amended in 2012) lists "public transport terminal, bus-stop or taxi stand" and "any airport including its premises" as places that are smoke free. The regulations define "public transport terminal" as "any place for purchasing tickets or for getting on and off any public transport." Therefore, all public transport facilities are smoke free.

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

Under the Tobacco Order, 2005, the Health Minister may specify any "premises or building or any such part thereof" as a place in which smoking is not permitted. The First Schedule of the regulations (as amended in 2012) lists "building or public place which is used for religious purposes" as a place that is smoke free.

This aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines, which require Parties to provide protection from exposure to tobacco smoke in indoor workplaces, public transport, indoor public places and, as appropriate, other public places.

Under the Tobacco Order, 2005, the Health Minister may specify any "premises or building or any such part thereof" as a place in which smoking is not permitted. The First Schedule of the regulations (as amended in 2012) lists "financial institution" as a place that is smoke free.

This aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines, which require Parties to provide protection from exposure to tobacco smoke in indoor workplaces, public transport, indoor public places and, as appropriate, other public places.

Under the Tobacco Order, 2005, the Health Minister may specify any "premises or building or any such part thereof" as a place in which smoking is not permitted. The First Schedule of the regulations (as amended in 2012) lists "any immigration control post including its premises" as a place that is smoke free.

This aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines, which require Parties to provide protection from exposure to tobacco smoke in indoor workplaces, public transport, indoor public places and, as appropriate, other public places.

Under the Tobacco Order, 2005, the Minister may specify any "premises or building or any such part thereof" as a place in which smoking is not permitted. The First Schedule of the regulations (as amended in 2012) lists "bowling alley, billiard hall, gymnasium, aerobic and fitness centre, public swimming pool or any other premises for sports activity" as places that are smoke free.

This aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines, which require Parties to provide protection from exposure to tobacco smoke “in indoor workplaces, public transport, indoor public places and, as appropriate, other public places.”

Under the Tobacco Order, 2005, the Minister may specify any "premises or building or any such part thereof" as a place in which smoking is not permitted. The First Schedule of the regulations (as amended in 2012) lists "restaurant, bowling alley, billiard hall, arcade games room, gymnasium, fitness centre, swimming pool, health and beauty centre, spa, massage parlour, library, reading room, theatre or cinema in any private club" as places that are smoke free.

This aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines, which require Parties to provide protection from exposure to tobacco smoke “in indoor workplaces, public transport, indoor public places and, as appropriate, other public places.”

Under the Tobacco Order, 2005, the Health Minister may specify any "premises or building or any such part thereof" as a place in which smoking is not permitted. The First Schedule of the regulations (as amended in 2012) lists "internet cafe" as a place that is smoke free.

This aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines, which require Parties to provide protection from exposure to tobacco smoke in indoor workplaces, public transport, indoor public places and, as appropriate, other public places.

Under the Tobacco Order, 2005, the Health Minister may specify any "premises or building or any such part thereof" as a place in which smoking is not permitted. The First Schedule of the regulations (as amended in 2012) lists "public staircase, lift or toilet" as places that are smoke free.

This aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines, which require Parties to provide protection from exposure to tobacco smoke in indoor workplaces, public transport, indoor public places and, as appropriate, other public places.

Under the Tobacco Order, 2005, the Health Minister may specify any "premises or building or any such part thereof" as a place in which smoking is not permitted. The First Schedule of the registrations (as amended in 2012) lists "corridor, lobby, staircase, toilet or other common area" as places that are smoke free.

This aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines, which require Parties to provide protection from exposure to tobacco smoke in indoor workplaces, public transport, indoor public places and, as appropriate, other public places.