Last updated: March 6, 2023
Smoke Free Status of Indoor Public Places, Workplaces, and Public Transport
All indoor workplaces
The law prohibits smoking in an enumerated list of places, which includes “offices open to the public” and “any other place frequented by the public.” A decree defines “public places” to include all indoor public places, indoor workplaces and means of public transport, and those terms are comprehensively defined. Therefore, smoking is prohibited in all indoor workplaces except those places specifically enumerated in the law where smoking areas are permitted (hotels, restaurants, bars, public bus stations, ferry terminals, ship terminals, railroad stations, and air terminals). A decree and an administrative order provide for technical standards for closed smoking rooms.
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.
All indoor public places
The law prohibits smoking in an enumerated list of places, which includes “any . . . place frequented by the public.” A decree defines “public places” to include all indoor public places, indoor workplaces and means of public transport, and those terms are comprehensively defined. Therefore, smoking is prohibited in all indoor public places except those places specifically enumerated in the law where smoking areas are permitted (hotels, restaurants, bars, public bus stations, ferry terminals, ship terminals, railroad stations, and air terminals). A decree and an administrative order provide for technical standards for closed smoking rooms.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places to be 100% smoke free.
All public transport
The law prohibits smoking in an enumerated list of places, which includes “public transportation vehicles.” A decree clarifies that public transportation includes “all vehicles used for public or shared transportation, whether paid or otherwise.”
The law and decree align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transport.
Government facilities
The law and decree prohibit smoking in “government buildings.”
The law and decree align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to government facilities.
Private offices
Smoking is prohibited in all indoor workplaces, which is interpreted to include private offices, except those places specifically enumerated in the law where smoking areas are permitted (hotels, restaurants, bars, public bus stations, ferry terminals, ship terminals, railroad stations, and air terminals).
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to private offices.
Hospitals
The law and decree prohibit smoking in “health institutions,” which includes hospitals.
The law and decree align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to hospitals.
Residential healthcare facilities - public areas
The law and decree prohibit smoking in “health institutions,” which includes residential healthcare facilities.
The law and decree align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to public areas of residential healthcare facilities.
Non-residential healthcare facilities
The law and decree prohibit smoking in “health institutions,” which includes non-residential healthcare facilities.
The law and decree align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to non-residential healthcare facilities.
Childcare facilities/preschools
The law and decree prohibit smoking in “schools” and “learning centers.” A decree further clarifies that smoking is prohibited in all indoor workplaces and public places, except in bars, restaurants, and hotels, where designated smoking rooms are required.
The law and decree align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to childcare facilities/preschools.
Primary and secondary schools
The law and decree prohibit smoking in “schools” and “learning centers.” A decree further clarifies that smoking is prohibited in all indoor workplaces and public places, except in bars, restaurants, and hotels, where designated smoking rooms are required.
The law and decree align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to primary and secondary schools.
Universities/vocational facilities
The law and decree prohibit smoking in “university institutions.” A decree further clarifies that smoking is prohibited in all indoor workplaces and public places, except in bars, restaurants, and hotels, where designated smoking rooms are required.
The law and decree align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to universities and vocational facilities.
Shops
The law and decree prohibit smoking in “any … place frequented by the public.” A decree further clarifies that smoking is prohibited in all indoor workplaces and public places, except in bars, restaurants, and hotels, where designated smoking rooms are required.
The law and decree align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to shops or stores.
Cultural facilities
The law and decree prohibit smoking in certain types of cultural facilities including “places for spectacles, movies, theater, concerts” and “libraries.” The law and decree also prohibit smoking in “any other place frequented by the public.” The decree further clarifies that smoking is prohibited in all indoor workplaces and public places, except in bars, restaurants, and hotels, where designated smoking rooms are required.
The law and decree align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to cultural facilities.
Indoor stadium/arenas
The law and decree prohibit smoking in “sports arenas and grounds.” The law and decree also prohibit smoking in “any other place frequented by the public.” A decree further clarifies that smoking is prohibited in all indoor workplaces and public places, except in bars, restaurants, and hotels, where designated smoking rooms are required.
The law and decree align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to indoor stadiums or arenas.
Restaurants
The law specifically permits designated smoking areas in “hotels, restaurants and bars.” A decree and an administrative order provide for technical standards for closed smoking rooms.
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 restaurants, to be 100% smoke free.
Bars/pubs/nightclubs
The law specifically permits designated smoking areas in “hotels, restaurants and bars.” A decree and an administrative order provide for technical standards for closed smoking rooms.
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 bars, pubs, and nightclubs, to be 100% smoke free.
Casinos
The law prohibits smoking in “any… place frequented by the public.” The decree further clarifies that smoking is prohibited in all indoor workplaces and public places, except in bars, restaurants, and hotels, where designated smoking rooms are required. Further, while the law permits designated smoking areas in certain specified list of places, casinos are not on this list. Taken together, these provisions are interpreted as including casinos as a place where smoking is prohibited.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to casinos.
Hotels/lodging - public areas
The law specifically permits designated smoking areas in “hotels, restaurants and bars.” A decree and an administrative order provide for technical standards for closed smoking rooms.
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 hotels, to be 100% smoke free.
Hotels/lodgings - guest rooms
The law specifically permits designated smoking areas in “hotels, restaurants and bars.” The decree provides for technical standards for closed smoking rooms and a quota of not more than 20% of rooms to be smoking rooms in hotels and requires that the rooms must be grouped together. A decree and an administrative order provide for technical standards for closed smoking rooms.
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 all hotel guest rooms, to be 100% smoke free.
Prisons/detention facilities - public areas
The law prohibits smoking in “any… place frequented by the public” and “government buildings.” These provisions are interpreted as including public areas of prisons. Further, while the law requires designated smoking areas in a list of certain specified places (transportation stations and terminals, hotels, restaurants, and bars), prisons are not on this list. Therefore, public areas of prisons are interpreted to be smoke free.
The law and decree align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to public areas of prisons.
Trains, buses and other shared ground transportation other than taxis
The law and decree prohibit smoking on all public transport vehicles and the decree provides that smoking is prohibited in any vehicle. Thus, smoking is prohibited on all trains, buses, and other shared ground transportation.
The law and decree align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to shared ground transportation.
Taxis (for-hire vehicle)
The law and decree prohibit smoking on all public transport vehicles and the decree provides that smoking is prohibited in any vehicle. Thus, smoking is prohibited on all taxis.
The law and decree align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to taxis.
Commercial aircraft
The law prohibits smoking on “vehicles of shared use, such as . . . public transport vehicles” and the decree provides that smoking is prohibited on aircraft.
The law and decree align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to commercial aircraft.
Commercial watercraft
The law permits designated smoking areas on sea transport. However, a decree provides that all public transportation vehicles are smoke free. Therefore, the regulatory status "Uncertain" is given.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all public transport, including sea transport, to be 100% smoke free.
Public transport facilities (waiting areas for mass transit)
The law permits designated smoking areas in public bus stations, ferry terminals, ship terminals, railroad stations, and air terminals. A decree and an administrative order provide for technical standards for closed smoking rooms.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all public transport facilities to be 100% smoke free.
Elevators
The law and decree prohibit smoking in elevators.
The law and decree align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to elevators.