Last updated: February 14, 2022
Smoke Free Status of Indoor Public Places, Workplaces, and Public Transport
All indoor workplaces
Article 51 of Law No. 3 of January 16, 2003 prohibits smoking in enclosed places, including workplaces. However, the law allows designated smoking rooms in “businesses and workplaces” if the designated smoking rooms comply with strict standards set out in the Prime Ministerial Decree of December 23, 2003, including being fully enclosed, with negative pressure, and ventilated to the outside. The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines.
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
Article 51 of Law No. 3 of January 16, 2003 prohibits smoking in enclosed places, including public places. However, the law allows designated smoking rooms in “businesses and workplaces” if the designated smoking rooms comply with strict standards set out in the Prime Ministerial Decree of December 23, 2003, including being fully enclosed, with negative pressure, and ventilated to the outside. The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines.
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
Article 51 of Law No. 3 of January 16, 2003 prohibits smoking in enclosed places, which is interpreted to include all public transport.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in public transport.
Government facilities
Article 51 of Law No. 3 of January 16, 2003 prohibits smoking in enclosed places, which includes government facilities. However, the law allows designated smoking rooms if the designated smoking rooms comply with strict standards set out in the Prime Ministerial Decree of December 23, 2003, including being fully enclosed, with negative pressure, and ventilated to the outside.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including government facilities.
Private offices
Article 51 of Law No. 3 of January 16, 2003 prohibits smoking in enclosed places, which includes private offices. However, the law allows designated smoking rooms if the designated smoking rooms comply with strict standards set out in the Prime Ministerial Decree of December 23, 2003, including being fully enclosed, with negative pressure, and ventilated to the outside.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including private offices.
Hospitals
Article 51 of Law No. 3 of January 16, 2003 prohibits smoking in enclosed places, which includes hospitals. However, the law allows designated smoking rooms if the designated smoking rooms comply with strict standards set out in the Prime Ministerial Decree of December 23, 2003, including being fully enclosed, with negative pressure, and ventilated to the outside.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including hospitals.
Residential healthcare facilities - public areas
Article 51 of Law No. 3 of January 16, 2003 prohibits smoking in enclosed places, which includes public areas of residential healthcare facilities. However, the law allows designated smoking rooms if the designated smoking rooms comply with strict standards set out in the Prime Ministerial Decree of December 23, 2003, including being fully enclosed, with negative pressure, and ventilated to the outside.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including public areas of residential healthcare facilities.
Non-residential healthcare facilities
Article 51 of Law No. 3 of January 16, 2003 prohibits smoking in enclosed places, which includes non-residential healthcare facilities. However, the law allows designated smoking rooms if the designated smoking rooms comply with strict standards set out in the Prime Ministerial Decree of December 23, 2003, including being fully enclosed, with negative pressure, and ventilated to the outside.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including non-residential healthcare facilities.
Childcare facilities/preschools
Article 51 of Law No. 3 of January 16, 2003 prohibits smoking in enclosed places, which includes childcare facilities and preschools. Law No. 128 of November 8, 2013 extends this smoking ban to include smoking of electronic cigarettes. However, the law allows designated smoking rooms if the designated smoking rooms comply with strict standards set out in the Prime Ministerial Decree of December 23, 2003, including being fully enclosed, with negative pressure, and ventilated to the outside.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including childcare facilities and preschools.
Primary and secondary schools
Article 51 of Law No. 3 of January 16, 2003 prohibits smoking in enclosed places, which includes primary and secondary schools. Law No. 128 of November 8, 2013 extends this smoking ban to include smoking of electronic cigarettes. However, the law allows designated smoking rooms if the designated smoking rooms comply with strict standards set out in the Prime Ministerial Decree of December 23, 2003, including being fully enclosed, with negative pressure, and ventilated to the outside.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including primary and secondary schools.
Universities/vocational facilities
Article 51 of Law No. 3 of January 16, 2003 prohibits smoking in enclosed places, which includes universities and vocational facilities. Law No. 128 of November 8, 2013 extends this smoking ban to include smoking of electronic cigarettes. However, the law allows designated smoking rooms if the designated smoking rooms comply with strict standards set out in the Prime Ministerial Decree of December 23, 2003, including being fully enclosed, with negative pressure, and ventilated to the outside.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including universities and vocational facilities.
Shops
Article 51 of Law No. 3 of January 16, 2003 prohibits smoking in enclosed places, which includes shops. However, the law allows designated smoking rooms if the designated smoking rooms comply with strict standards set out in the Prime Ministerial Decree of December 23, 2003, including being fully enclosed, with negative pressure, and ventilated to the outside.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including shops.
Cultural facilities
Article 51 of Law No. 3 of January 16, 2003 prohibits smoking in enclosed places, which includes cultural facilities. However, the law allows designated smoking rooms if the designated smoking rooms comply with strict standards set out in the Prime Ministerial Decree of December 23, 2003, including being fully enclosed, with negative pressure, and ventilated to the outside.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including cultural facilities.
Indoor stadium/arenas
Article 51 of Law No. 3 of January 16, 2003 prohibits smoking in enclosed places, which includes indoor stadiums and arenas. However, the law allows designated smoking rooms if the designated smoking rooms comply with strict standards set out in the Prime Ministerial Decree of December 23, 2003, including being fully enclosed, with negative pressure, and ventilated to the outside.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including stadiums and arenas.
Restaurants
Article 51 of Law No. 3 of January 16, 2003 prohibits smoking in enclosed places, which includes restaurants. However, the law allows designated smoking rooms if the designated smoking rooms comply with strict standards set out in the Prime Ministerial Decree of December 23, 2003, including being fully enclosed, with negative pressure, and ventilated to the outside. For “catering establishments” such as restaurants, if designated smoking rooms are established, at least half the area of the restaurant must be designated as a non-smoking area.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including restaurants.
Bars/pubs/nightclubs
Article 51 of Law No. 3 of January 16, 2003 prohibits smoking in enclosed places, which includes bars, pubs and nightclubs. However, the law allows designated smoking rooms if the designated smoking rooms comply with strict standards set out in the Prime Ministerial Decree of December 23, 2003, including being fully enclosed, with negative pressure, and ventilated to the outside. For “catering establishments” such as bars, pubs and nightclubs, if designated smoking rooms are established, at least half the area of the establishment must be designated as a non-smoking area.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including bars, pubs and nightclubs.
Casinos
Article 51 of Law No. 3 of January 16, 2003 prohibits smoking in enclosed places, which includes casinos. However, the law allows designated smoking rooms if the designated smoking rooms comply with strict standards set out in the Prime Ministerial Decree of December 23, 2003, including being fully enclosed, with negative pressure, and ventilated to the outside. If the casino is also a “catering establishment”, if designated smoking rooms are established, at least half the area of the establishment must be designated as a non-smoking area.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including casinos.
Hotels/lodging - public areas
Article 51 of Law No. 3 of January 16, 2003 prohibits smoking in enclosed places, which includes public areas of hotels and lodging. However, the law allows designated smoking rooms if the designated smoking rooms comply with strict standards set out in the Prime Ministerial Decree of December 23, 2003, including being fully enclosed, with negative pressure, and ventilated to the outside.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including public areas of hotels and lodging.
Hotels/lodgings - guest rooms
Article 51 of Law No. 3 of January 16, 2003 prohibits smoking in enclosed places, which includes hotels. However, law allows designated smoking rooms if the designated smoking room complies with strict standards set out in the Prime Ministerial Decree of December 23, 2003, including being fully enclosed, with negative pressure, and ventilated to the outside. Hotel guest rooms may be designated as smoking rooms if they comply with these standards.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including guest rooms in hotels and lodging.
Prisons/detention facilities - public areas
Article 51 of Law No. 3 of January 16, 2003 prohibits smoking in enclosed places, which includes public areas of prisons and detention facilities. However, the law allows designated smoking rooms if the designated smoking rooms comply with strict standards set out in the Prime Ministerial Decree of December 23, 2003, including being fully enclosed, with negative pressure, and ventilated to the outside.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including prisons and detention facilities.
Trains, buses and other shared ground transportation other than taxis
Article 51 of Law No. 3 of January 16, 2003 prohibits smoking in enclosed places, which includes all enclosed public transportation. Therefore, trains, buses, and other shared ground transportation are smoke free.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in trains, buses, and other shared ground transportation.
Taxis (for-hire vehicle)
Article 51 of Law No. 3 of January 16, 2003 prohibits smoking in enclosed places, which includes all enclosed public transportation. Therefore, taxis are smoke free.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in taxis.
Commercial aircraft
Article 51 of Law No. 3 of January 16, 2003 prohibits smoking in enclosed places, which includes all enclosed public transportation. Therefore, commercial aircraft are smoke free.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in commercial aircraft.
Commercial watercraft
Article 51 of Law No. 3 of January 16, 2003 prohibits smoking in enclosed places, which includes all enclosed public transportation. Therefore, enclosed commercial watercraft are smoke free.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in enclosed commercial watercraft.
Public transport facilities (waiting areas for mass transit)
Article 51 of Law No. 3 of January 16, 2003 prohibits smoking in enclosed places, which includes public transport facilities. However, the law allows designated smoking rooms if the designated smoking rooms comply with strict standards set out in the Prime Ministerial Decree of December 23, 2003, including being fully enclosed, with negative pressure, and ventilated to the outside.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including public transport facilities.
Private vehicles when children or pregnant women are present
The law prohibits smoking in a private vehicle if there are children or pregnant women in the vehicle.