China

Workplaces are not specifically addressed in Chinese law, but the Tobacco Monopoly Law requires that smoking be prohibited or restricted in indoor “public places” and public transportation in general and the MOH Implementation Rules require that specified indoor “public places” are smoke free. These public places also serve as places of work. However, not all indoor public places, and thus not all indoor workplaces, are included among the listed places.

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

The Tobacco Monopoly Law requires that smoking be prohibited or restricted in public places and public transportation in general, and the MOH Implementation Rules on the Regulations on Public Places Sanitation Administration prohibit smoking in the 28 indoor public places listed in the State Council Regulations. However, not all indoor public places are included among the listed places.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law and rules should require all parts of all indoor public places to be 100% smoke free.

The Tobacco Monopoly Law requires that smoking be either prohibited or restricted in public places and public transportation in general. The MOH Implementation Rules on the Regulations on Public Places Sanitation Administration prohibit smoking in public places, including public transport. Other relevant rules prohibit smoking in public transport, but allow smoking rooms or smoking areas in transportation that run long hours. Smoking in commercial aircraft is only prohibited in passenger cabins and toilets for domestic flights, and in designated non-smoking areas of passenger cabins and toilets in international flights. Some local regulations prohibit smoking in all public transport.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, all applicable measures should be consistent in requiring all parts of all means of public transportation to be 100% smoke free.

Although some places listed as smoke free public places in the applicable laws are owned by the government, and some local legislation prohibits smoking in common areas of government facilities, such as meeting rooms and cafeterias, there is no requirement for all government facilities to be 100% smoke free indoors. Therefore, the regulatory status code "Smoking is Restricted" is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require government facilities to be 100% smoke free.

The law does not cover smoking in private offices, but instead only addresses smoking in indoor public places, which includes public transport. Therefore, smoking is not restricted in 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.

Only waiting areas/rooms in hospitals are required to be smoke free according to the MOH Implementation Rules on the Regulations on Public Places Sanitation Administration, read in conjunction with the State Council Regulations on Public Places Sanitation Administration. However, the MOH also issued a decision requiring all medical facilities to be smoke free and the MOH has the authority to implement/enforce this decision and is doing so.

To better align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to hospitals, all applicable measures should clearly and consistently provide a requirement for completely smoke free hospitals.

Only medical waiting rooms are required to be smoke free according to the MOH Implementation Rules on the Regulations on Public Places Sanitation Administration, read in conjunction with the State Council Regulations on Public Places Sanitation Administration. However, the MOH issued a decision prohibiting smoking in all medical facilities, which is interpreted as including residential healthcare facilities and this decision is being implemented.

To better align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, all applicable measures should provide a clear and consistent requirement for completely smoke free residential healthcare facilities, including public areas.

Medical, dental, and other outpatient clinics can be interpreted as health facilities in China. Thus, only waiting areas/rooms in these facilities are required to be smoke free according to the MOH Implementation Rules on the Regulations on Public Places Sanitation Administration. However, the MOH also issued a decision requiring all medical facilities to be 100% smoke free. Some of the local regulations require all health facilities to be smoke free.

To better align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, all applicable measures should provide a clear and consistent requirement for completely smoke free healthcare facilities, both residential and non-residential.

The Law on the Protection of Minors provides that smoking is prohibited in schools, kindergartens, and other public venues where minors gather.

The Ministry of Education and Ministry of Health jointly issued a document (Opinions on Further Strengthening School Tobacco Control Work, MOE Education Sports Arts Division No. 5 of 2010) requiring indoor and outdoor smoke free environments in primary and middle schools but it is not being implemented.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to childcare facilities/preschools.

The Law on the Protection of Minors provides that smoking is prohibited in schools, kindergartens, and other public venues where minors gather.

The Ministry of Education and Ministry of Health jointly issued a document (Opinions on Further Strengthening School Tobacco Control Work, MOE Education Sports Arts Division No. 5 of 2010) requiring indoor and outdoor smoke free environments in primary and middle schools but it is not being implemented.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to primary and secondary schools.

The law does not address smoking in universities/vocational facilities. Although the Ministry of Education and Ministry of Health jointly issued a document (Opinions on Further Strengthening School Tobacco Control Work, MOE Education Sports Arts Division No. 5 of 2010) requiring smoke free environments in indoor places such as teaching and learning areas, administration areas, libraries, etc. in tertiary schools, it is not being implemented.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, all applicable measures should clearly and consistently require all parts of all universities/vocational facilities to be 100% smoke free.

Smoking is prohibited in public places including, specifically, shops according to the MOH Implementation Rules on the Regulations on Public Places Sanitation Administration, read in conjunction with the State Council Regulations on Public Places Sanitation Administration.

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

Smoking is prohibited in public places, including specifically libraries, museums, art galleries, cinemas, and concert halls.

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

The MOH Implementation Rules, read in conjunction with the State Council Regulations, prohibit smoking in public places, including specifically sport stadiums.

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

The MOH Implementation Rules on the Regulations on Public Places Sanitation Administration, read in conjunction with the State Council Regulations, require smoking be prohibited in public places, including specifically restaurants. Some local legislation allows for designated smoking areas, although it is unclear if this legislation can be implemented to override MOH rules.

The MOH rules align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to restaurants.

Smoking is prohibited in public places including specifically bars and pubs according to the MOH Implementation Rules on the Regulations on Public Places Sanitation Administration, read in conjunction with the State Council Regulations. Some local legislation allows bars and pubs to have designated smoking areas, although it is unclear if this legislation can be implemented to override MOH rules.

The MOH rules align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to bars and pubs.

We understand that there are very few casinos in mainland China and we do not have enough information to evaluate the smoke free status of casinos throughout China.

Smoking is prohibited in public places including specifically hotels according to the MOH Implementation Rules on the Regulations on Public Places Sanitation Administration, read in conjunction with the State Council Regulations.

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

Smoking is prohibited in public places including specifically hotels according to the MOH Implementation Rules on the Regulations on Public Places Sanitation Administration, read in conjunction with the State Council Regulations. The rules and regulations, however, make no mention of hotel rooms. Accordingly, the regulatory status of guest rooms in hotels is “Uncertain.”

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, including guest rooms in hotels and other lodging, to be 100% smoke free.

The law does not cover smoking in prisons/detention facilities. This can be interpreted that smoking is allowed in these places.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that all parts of all prisons/detention facilities be 100% smoke free.

The MOH Implementation Rules on the Regulations on Public Places Sanitation Administration prohibit smoking in indoor public places, including specifically public transport. In addition, another set of rules, issued jointly by six ministries, prohibits smoking in listed types of public transport including trains, watercraft, commercial aircraft, light rails, buses, cable cars, and taxis. However, these rules allow designating smoking areas in these listed means of public transport. Because the jointly issued rules come from transportation ministries and particularly address transportation, they prevail over the MOH Rules.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, all applicable measures should require that all trains, buses, and other shared ground transportation be 100% smoke free.

The MOH Implementation Rules on the Regulations on Public Places Sanitation Administration, read in conjunction with the State Council Regulations, prohibit smoking in indoor public places including specifically public transport. In addition, another set of rules, issued jointly by six ministries, prohibits smoking in listed types of public transport, including taxis, but allow designating smoking areas. It is unclear how a taxi could have a designated smoking area in it.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, all applicable measures should require that all taxis be 100% smoke free.

The MOH Implementation Rules on the Regulations on Public Places Sanitation Administration, read in conjunction with the State Council Regulations, prohibit smoking in indoor public places including specifically public transport. In addition, another set of rules, jointly issued by six ministries, prohibits smoking in public transport, but allows smoking rooms or smoking areas in transportation that runs long hours. Smoking in commercial aircraft is only prohibited in passenger cabins and toilets for domestic flights, and in designated non-smoking areas of passenger cabins and toilets in international flights. However, in reality, smoking is prohibited in passenger cabins and toilets in both domestic and international flights. Some local regulations prohibit smoking in all public transport.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, all applicable measures should require that all parts of all commercial aircraft be 100% smoke free.

The MOH Implementation Rules on the Regulations on Public Places Sanitation Administration, read in conjunction with the State Council Regulations, prohibit smoking in indoor public places including specifically public transport. In addition, another set of rules, jointly issued by six ministries, prohibits smoking in public places such as seating cabins, bedroom cabins, meeting rooms, and libraries in commercial watercraft. This can be interpreted that smoking is allowed in other areas of the watercraft.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, all applicable measures should require that all commercial watercraft be 100% smoke free.

The MOH Implementation Rules, read in conjunction with the State Council Regulations, require transportation waiting rooms to be completely smoke free, but an additional set of rules issued jointly by six ministries prohibits smoking in waiting rooms in all kinds of public transport stations, ports, and airports, except in designated areas. Therefore, smoking is only partially banned in public transport facilities.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, all applicable measures should require that all parts of public transport facilities be 100% smoke free.