Regulations on the implementation of smoking-free areas

The Minister of Health has just issued Circular No. 11/2023/TT-BYT regulating the implementation of smoking-free locations and the awarding of the Smoke-Free Environment Award.

This Circular provides for the implementation of smoking bans in places; principles, standards, and procedures for awarding the Smoke-Free Environment Award and responsibilities of relevant agencies, organizations, and individuals.

No smoking areas

According to Circular No. 11/2023/TT-BYT, places where smoking is completely prohibited indoors and within the premises: medical facilities;educational facilities; childcare, nurturing, entertainment and recreation facilities exclusively for children; facilities or areas with high risk of fire and explosion as prescribed in Appendix II of the List of facilities with fire and explosion hazards issued together with Decree No. 136/2020/ND-CP dated November 24, 2020 of the Government detailing a number of articles and measures to implement the Law on Fire Prevention and Fighting and the Law amending and supplementing a number of articles of the Law on Fire Prevention and Fighting.

Places where smoking is completely prohibited indoors: indoor workplaces of state administrative agencies, public service units, enterprises, political organizations, socio-political organizations, social organizations, socio-professional organizations and workplaces of other agencies, organizations and units, except for the places specified in Clauses 2 and 5 of this Article; indoor areas of public places: food service establishments, entertainment service establishments, train stations, wharves, bus stations, religious and belief establishments, conference centers, shopping centers, markets, theaters, cultural houses, cinemas, circuses, clubs, sports halls, stadiums, community activity houses and common living areas of apartment buildings and other public places, except for the places specified in Clauses 2 and 5 of this Article.

Public transport is completely smoke-free: cars; airplanes; trains.

Places where indoor smoking is prohibited but designated areas for smokers are permitted: airport isolation areas; bars, karaoke bars, dance clubs; hotels, motels, guesthouses, resorts and other tourist accommodation establishments; public transport such as ships and trains.

Requirements for non-smoking locations

General requirements for all non-smoking locations

1. Place, print, arrange (hereinafter referred to as place) signs or letters or symbols with the content of no smoking (hereinafter referred to as signs). Agencies, organizations and individuals refer to form No. 1 and form No. 2 in Appendix No. 1 issued with this Circular.

2. Signs must ensure the following requirements: clear, easy-to-understand, concise message content; durable, fade-resistant sign material; outdoor signs must withstand the impact of the external environment; size and font size of the sign must be appropriate to the location and space where the sign is placed; bold, easy-to-read letters; color of letters and symbols must contrast with the background color; signs placed in public places in conditions of insufficient light: have reflectors or sign lighting or other suitable forms to ensure visibility.

3. The placement of signs must ensure the following requirements: the distance between signs must be appropriate to the scale and space of each location; signs must be placed in easily observable locations, areas with high traffic; entrance gates to campus areas, outdoor parking areas; for indoor areas, signs must be placed at entrances, front halls, reception areas, waiting seats, stairwells, in elevators, covered corridors, parking garages, and restrooms.

4. No ashtrays, smoking utensils, cigarette butts and ashes in non-smoking areas.

Special requirements for completely smoke-free indoor and outdoor locations

1. There is a sign in the campus area.

2. Location specified in Point a, Clause 2, Article 1 of this Circular: At least place the sign in the examination area, patient room, canteen, and dining room.

3. Locations specified in Point b, Clause 2, Article 1 of this Circular: At least place signs in halls, meeting rooms, offices, classroom areas, security rooms, libraries, multi-purpose rooms, canteens, dining halls, and dormitory and semi-boarding areas.

4. Location specified in Point c, Clause 2, Article 1 of this Circular: At least place the sign in the meeting room, common room, dining room, break room and other necessary areas with children.

5. Location specified in Point d, Clause 2, Article 1 of this Circular: place the sign in a place containing a source of fire or explosion risk.

Special requirements for completely indoor smoking-free locations

1. Location specified in Clause 3, Article 1 of this Circular: At least place the sign in the office, hall, meeting room, security room, canteen, and dining room.

2. In case this location has an outdoor area or campus where smoking is permitted, the location where smoking is permitted must be far from the entrance, exit, and windows to ensure that cigarette smoke does not affect these locations.

Special requirements for public transport to be completely smoke-free

The sign is placed in the cockpit so that people sitting in public transport can easily observe it, at the entrance and exit doors.

Special requirements for locations where indoor smoking is prohibited but designated smoking areas are permitted

1. There is a sign indicating the way to the area reserved for smokers. Agencies, organizations and individuals should refer to sign sample number 3 in Appendix 1 issued with this Circular.

2. The designated smoking area must meet the following requirements: there must be a sign stating that smoking is permitted. Agencies, organizations and individuals can refer to sign number 4 in Appendix 1 issued with this Circular; the designated smoking area must be separate and have its own ventilation; the doors must not be opened, the exhaust must not be vented, or the air must be discharged to non-smoking rooms or areas, or corridors shared with other rooms; there must be items to store cigarette butts and ashes; there must be fire prevention and fighting equipment according to the provisions of the law on fire prevention and fighting.

3. Hotels, motels, guesthouses, resorts and other tourist accommodation establishments: at least place signs in the lobby, reception desk, common areas, and accommodation rooms; designated areas for smokers (if any): do not place in the common lobby, do not arrange accommodation for non-smokers.

4. Ships: A designated smoking area is arranged on the deck or a separate room is arranged that meets the requirements specified in Clause 2 of this Article.

5. Train: The designated smoking area should be located at the end of the train, not in the connecting area between two passenger cars.

This Circular takes effect from August 1, 2023.

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