Last updated: June 15, 2023
Smoke Free Status of Indoor Public Places, Workplaces, and Public Transport
All indoor workplaces
The law provides a long list of types of places where smoking is prohibited, many of which are indoor workplaces. In addition, the law specifically prohibits smoking in “workplaces and in working areas of buildings, structures and premises.” However, the law specifically allows smoking rooms in airports, which are workplaces for some people. Due to this one exception, the regulatory status code “Smoking is Restricted” is given.
To fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all indoor workplaces, including airports.
All indoor public places
The law provides a long list of types of indoor public places where smoking is prohibited. However, the law specifically allows smoking rooms in airports. Due to this one exception, the regulatory status code “Smoking is Restricted” is given.
To fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all indoor public places, including airports.
All public transport
The law prohibits smoking in public transport.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transport.
Government facilities
The law prohibits smoking “in buildings and premises of state and local self-government bodies.”
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to government facilities.
Private offices
The law prohibits smoking “at workplaces and in working areas of buildings, structures and premises.” A “workplace” is defined as “a place of permanent or temporary stay of employees in the course of their work, including places used by an employee during working hours,” which includes private offices. Therefore, smoking is prohibited in private offices.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to private offices.
Hospitals
The law prohibits smoking “in buildings of healthcare organizations, regardless of departmental subordination and forms of ownership.” Therefore, smoking is prohibited in hospitals.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to hospitals.
Residential healthcare facilities - public areas
The law prohibits smoking “in buildings of healthcare organizations, regardless of departmental subordination and forms of ownership.” Therefore, smoking is prohibited in public areas of residential healthcare facilities.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of residential healthcare facilities.
Non-residential healthcare facilities
The law prohibits smoking “in buildings of healthcare organizations, regardless of departmental subordination and forms of ownership.” 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.
Childcare facilities/preschools
The law prohibits smoking “in buildings and territories of educational organizations of all levels, organizations for children's recreation, regardless of departmental subordination and forms of ownership, in children’s play areas.” 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.
Primary and secondary schools
The law prohibits smoking “in buildings and territories of educational organizations of all levels . . . regardless of departmental subordination and forms of ownership.” Therefore, smoking is prohibited in primary and secondary school.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to primary and secondary schools.
Universities/vocational facilities
The law prohibits smoking “in buildings and territories of educational organizations of all levels . . . regardless of departmental subordination and forms of ownership.” 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
The law prohibits smoking “in buildings, structures, and premises where trade services are provided to the population, and on the grounds of covered markets.” Therefore, smoking is prohibited in shops.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to shops.
Cultural facilities
The law prohibits smoking in cultural institutions.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to cultural facilities.
Indoor stadium/arenas
The law prohibits smoking in stadiums.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor stadiums and arenas.
Restaurants
The law prohibits smoking in “in buildings, structures, and premises where services are provided to the population including . . . catering facilities” and in “catering facilities (food courts) located in premises.” Therefore, smoking is prohibited in all restaurants.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to restaurants.
Bars/pubs/nightclubs
The law prohibits smoking in “in buildings, structures, and premises where services are provided to the population including . . . catering facilities.” This is interpreted as including bars, pubs, and nightclubs.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to bars, pubs, and nightclubs.
Casinos
The law prohibits smoking in “in buildings, structures, and premises where services are provided to the population including . . . catering facilities.” This is interpreted as including casinos, which serve drinks and sometimes food.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to casinos.
Hotels/lodging - public areas
The law prohibits smoking in “in buildings, structures, and premises where services are provided to the population, including residential, hotel, household, temporary accommodation and (or) temporary residence . . .” Therefore, smoking is prohibited in public areas of hotels.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of hotels.
Hotels/lodgings - guest rooms
The law prohibits smoking in “in buildings, structures, and premises where services are provided to the population, including residential, hotel, household, temporary accommodation and (or) temporary residence . . .” However, the law does not explicitly address hotel guest rooms. Therefore, the regulatory status code “Uncertain” is given.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should make clear that smoking is prohibited in guest rooms in hotels and lodging facilities.
Prisons/detention facilities - public areas
The law prohibits smoking in buildings and premises of institutions providing social services; in buildings and premises of state and local self-government bodies; and at workplaces and in working areas of buildings, structures and premise. Each of these categories covers public areas of prisons. Therefore, public areas of prisons are smoke free.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of prisons and detention facilities.
Trains, buses and other shared ground transportation other than taxis
The law prohibits smoking “in public transport, including taxis . . . and on local and long-distance trains.” Public transportation is defined as “common transport (automobile, railway, air, inland water, and urban electric transport) used to provide passenger transportation services.” Buses and other shared ground transportation fall within the category of automobile. Therefore, smoking is prohibited in all shared ground transportation.
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)
The law specifically prohibits smoking in taxis.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to taxis.
Commercial aircraft
The law prohibits smoking “in public transport, including . . . aircraft.”
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial aircraft.
Commercial watercraft
The law prohibits smoking “in public transport, including . . . on water-carriers.”
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial watercraft.
Public transport facilities (waiting areas for mass transit)
The law prohibits smoking “in buildings and premises of railway and bus stations, regardless of departmental subordination and forms of ownership.” However, airports may have designated smoking rooms. 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 prohibit smoking in all public transport facilities, including airports.
Entrances, elevators, stairwells and platforms, in toilets, communal areas of apartment buildings, and in auxiliary and utility rooms of shared apartments
The law prohibits smoking in “entrances, elevators, stairwells and platforms, in toilets, communal areas of apartment buildings, and in auxiliary and utility rooms of shared apartments.”
Buildings and premises intended for the provision of rehabilitation and spa services
The law prohibits smoking in “buildings and premises intended for the provision of rehabilitation and spa services.”
Covered markets
The law prohibits smoking in covered markets.