MINISTRY OF HEALTH OF
VIETNAM |
SOCIALIST REPUBLIC OF
VIETNAM |
No. 11/2023/TT-BYT |
Hanoi, May 11, 2023 |
NO-SMOKING PLACES AND “SMOKEFREE ENVIRONMENT” AWARDS
Pursuant to the Law on Tobacco Harm Prevention dated June 18, 2012;
Pursuant to the Law on Education dated June 14, 2019;
Pursuant to the Law on Emulation and Commendation dated November 26, 2003; the Law on amendments to some Articles of the Law on Emulation and Commendation dated June 14, 2005 and the Law on amendments to some Articles of the Law on Emulation and Commendation dated November 16, 2013;
Pursuant to Government’s Decree No. 77/2013/ND-CP dated July 17, 2013 on elaboration of a number of Articles of the Law on Tobacco Harm Prevention regarding some measures of tobacco harm prevention;
Pursuant to the Government’s Decree No. 95/2022/ND-CP dated November 15, 2022 on functions, tasks, powers and organizational structure of the Ministry of Health;
Pursuant to Decision No. 47/2013/QD-TTg dated July 29, 2013 of the Prime Minister on establishment of and approval for the Charter for organization and operations of Fund for prevention and control of tobacco harm;
At request of Director of the Legal Department, Director of Medical Examination & Treatment Administration;
The Minister of Health promulgates Circular on no-smoking places and "smokefree environment" awards.
1. This Circular provides for no-smoking places in Clauses 2,3,4 and 5 of this Article 5; principles, standards and procedures for considering the presentation of "smokefree environment" awards, and responsibilities of relevant agencies, organizations and individuals.
2. Indoor no-smoking places and other no-smoking places in the premises;
a) Health establishments;
b) Educational institutions;
c) Childcare facilities, and entertainment and recreation facilities exclusively designated for children;
d) Facilities or areas that are facing high fire and explosion risk under the Appendix II on List of facilities at risk of fire or explosion enclosed with Government's Decree No. 136/2020/ND-CP dated November 24, 2020 on guidelines for a number of Articles of Law on Fire Prevention and Fighting and Law on Amendments to Law on Fire Prevention and Fighting.
3. Indoor no-smoking places:
a) Indoor workplaces of administrative authorities, public service providers, enterprises, political organizations, socio-political organizations, social organizations, socio-professional organizations and workplaces of other agencies, organizations and units, except for places specified in Clause 2 and Clause 5 of this Article;
b) Indoor areas of public places: food and beverage establishments, recreation facilities, train stations, wharfs, bus stations, religious facilities, convention centers, shopping centers, markets, theaters, cultural houses, cinemas, circuses, clubs, sports facilities, stadiums, community halls and common areas of apartment buildings and other public places, except for those specified in Clauses 2 and 5 of this Article.
4. Means of public transportation where smoking is completely prohibited;
a) Automobiles;
b) Aircrafts;
c) Trams.
5. Indoor no-smoking places with designated smoking areas:
a) Airside areas of airports;
b) Bars, karaoke parlors, and dance halls;
c) Hotels, motels, guest houses, resorts and other tourist accommodation establishments;
d) Means of public transportation that are ships and trains;
This Circular applies to agencies, organizations and individuals involved in no-smoking places and “smokefree environment” awards.
Article 3. General requirements for all no-smoking places
1. Signs or letters or symbols (hereinafter referred to as “signs”) which indicate “no-smoking” shall be displayed, printed and posted. Agencies, organizations and individuals may reference Form No. 01 and Form No. 02 in the Appendix 01 of this Circular.
2. No-smoking signs shall meet the following requirements:
a) Contents shall be clear, understandable, and concise;
b) Materials shall be durable and fade-resistant; no-smoking signs displayed at outdoor places shall be weatherproof;
c) Text size of each sign shall be suitable to the location and space where the sign is displayed; the text shall be bold and legible; color of the text and symbols shall contrast with the background color;
d) If the public area where the sign is displayed is poorly lighted, the sign must be reflective or lighted or made legible otherwise.
3. The placement of signs shall meet the following requirements:
a) The distance between signs shall be appropriate for the scale and space of each place;
b) Signs shall be displayed at areas where they are noticeable, in crowded areas; entrances and outdoor parking places. With regard to indoor places, these signs shall be displayed at doors, front halls, reception areas, waiting chairs, floors of stairs, in elevators, covered corridors, indoor parking places and restrooms.
4. There must be no ashtrays, smoking accessories, cigarette butts, leftovers, or ashes at no-smoking places.
1. No-smoking signs must be displayed in these areas.
2. Regarding places specified in Point a, Clause 2 Article 1 of this Circular, no-smoking signs are mandatory in medical examination areas, wards, canteens, and cafeterias.
3. Regarding places specified in Point b, Clause 2 Article 1 of this Circular, no-smoking signs are mandatory in halls, meeting rooms, offices, classrooms, security rooms, libraries, multi-purpose rooms, canteens, cafeterias, boarding and semi-boarding rooms.
4. Regarding places specified in Point c, Clause 2 Article 1 of this Circular, no-smoking signs are mandatory in meeting rooms, common rooms, cafeterias, resting rooms and other necessary areas designated for children.
5. Regarding places specified in Point d, Clause 2 Article 1 of this Circular, no-smoking signs are mandatory in areas that are facing fire and explosion risk.
Article 5. Specific requirements for indoor no-smoking places;
1. Regarding places specified in Clause 3 Article 1 of this Circular, no-smoking signs are required to be displayed at offices, halls, meeting rooms, security rooms, canteens and cafeterias.
2. If these places have outdoor areas and other areas where smoking is allowed, these areas shall be far away from doors, emergency exits, and windows in order to ensure that tobacco smoke does not affect them.
In each mean of public transport, the no-smoking sign is required to be displayed at the driver's cabin where it is noticeable to passengers, and at the doors.
Article 7. Specific requirements for indoor no-smoking places with designated smoking areas
1. Signs showing directions to designated smoking areas shall be displayed. Agencies, organizations and individuals may reference Form No. 03 in the Appendix 01 of this Circular.
2. A designated smoking area shall meet the following requirements:
a) A sign which indicates “smoking area” shall be displayed. Agencies, organizations and individuals may reference Form No. 04 in the Appendix 01 of this Circular.
b) The designated smoking room shall be separated from other rooms and provided with separate ventilation; it is prohibited to open doors, or release tobacco smoke into no-smoking rooms/areas, or hallways shared with other rooms;
c) Ashtrays which contain cigarette butts, leftovers, or ashes are required;
d) There is equipment for fire safety and firefighting according to regulations of the law on fire safety and firefighting.
3. Hotels, motels, guest houses, resorts and other tourist accommodation establishments shall meet the following requirements:
a) Signs are mandatory in lobbies, reception desks, common areas and accommodation rooms;
b) Designated smoking areas (if any) shall not be at common lobbies, and not used as accommodation rooms for non-smokers.
4. Regarding ships: Designated smoking areas shall be at decks or they shall be separate, thereby meeting requirements specified in Clause 2 of this Article.
5. Regarding trains: Designated smoking areas shall be at the end of trains, and not be at the distance between 02 passenger cars.
CONSDERING THE PRESENTATION OF “SMOKEFREE ENVIRONMENT” AWARDS
Article 8. “SMOKEFREE ENVIRONMENT” AWARDS
1. "Smokefree environment" awards (hereinafter referred to as “awards”) are presented to organizations and individuals possessing no-smoking places that meet standards specified in Article 11 of this Circular, and may be presented by an award council affiliated to a Department of Health (hereinafter referred to as “provincial award council”) or an award council affiliated to the Ministry of Health (hereinafter referred to as “ministerial award council”).
2. The Ministry of Health decides to present the awards at the request of the ministerial award council.
3. Awards shall be handed out every 2 years (hereinafter referred to as the award season) and be valid throughout each season.
Article 9. Principles for presentation of awards
1. “Smokefree environment” awards shall be presented to eligible entities. The presentation of awards shall meet standards and follow procedures in this Circular.
2. The presentation of awards shall be honest, public and transparent. It shall be made on a principle of secret ballot and decision making under majority rule.
3. Do not nominate organizations and individuals that are facing disciplinary actions/penalties for their violations against the law, or are being investigated, prosecuted, tried; are undergoing inspection when there are signs of violations or complaints or denunciations that are being investigated.
4. Each award shall be given to only one place of each category.
If an organization or individual possesses many different places that meet the standards and belong to the same category, only 01 award will be given to those places. If an organization or individual possesses many different places that meet the standards and belong to various categories, only 01 award will be given to each category.
5. In each award season, the number of presented awards shall not exceed 30 awards. Depending on actual conditions of each award season, the ministerial award council shall decide the number of awards given to place categories.
1. The award shall include:
a) A certificate issued by the Ministry of Health;
b) The trophy;
c) Monetary award according to regulations;
2. Each organization/individual that receives the award has the right to keep, display and use the certificate/trophy to improve and promote their image on mass media.
Article 11. Conditions of a “smokefree environment” award
1. Conditions of the “smokefree environment" award:
a) Satisfying of requirements for "no-smoking places" specified in Chapter II of this Circular;
b) Strictly complying with regulations in Clauses 1,2,3,4 and 5 Article 25 of this Circular;
c) Not smoking in no-smoking places;
d) Not advertising and promoting tobacco; not directly marketing tobacco to consumers in any form; not organizing, allowing sale of or selling tobacco at places specified in Clauses 2, 3, 4 and 5, Article 1 of this Circular, except for duty-free shops in isolation areas of airports;
dd) Not receiving support funding from tobacco production and trade establishments according to regulations of the Law on Tobacco Harm Prevention.
2. Favorable conditions of a “smokefree environment" award:
a) Having initiatives for prevention of tobacco harm that have been recognized by competent authorities;
b) Being commended by competent authorities for strict compliance with regulations on prevention of tobacco harm in order of priority from the high level to the low level;
c) Providing or mobilizing funding for assurance about compliance with regulations on smokefree environment (except for funding from the Fund for Prevention and Control of Tobacco Harm);
d) Using cameras to detect smoking at no-smoking places;
dd) Establishing counseling rooms or regularly organizing counseling and support activities for smoking cessation;
e) Developing education materials and messages related to smoking cessation. Placing billboards, posters, flyers or other documents on tobacco harm at visible locations, in a high-traffic areas of no-smoking places.
3. Award winders shall be considered by examining the nominees’ fulfillment of the aforementioned conditions throughout the 2-year period prior to the nomination date.
1. The award council is organized at two levels: the award council affiliated to Department of Health (the provincial award council) and the award council affiliated to the Ministry of Health (the ministerial award council).
2. Standing unit of the provincial award council is a specialized unit assigned by the Director of the Department of Health.
3. Standing unit of the ministerial award council is the Fund for prevention and control of tobacco harm.
Article 13. Provincial award council
1. Components of a provincial award council:
The provincial award council includes 07 – 09 members, established by the Director of Department of Health. To be specific:
a) The Chairperson of the Council is the senior representative of the provincial Department of Health;
b) The Vice Chairperson of the Council is the leader of the unit in charge of emulation and commendation of the provincial Department of Health;
c) Council members may be representatives of agencies and units, including Inspectorate of the Department of Health, Department of Education and Training; Department of Information and Communications; Department of Culture, Sports and Tourism/Department of Tourism and a number of other members decided by the Director of the Department.
2. The council is assisted by a secretariat decided by the Director of the Department of Health. The leader of a provincial Center for Disease Control and Prevention is the Head of the secretariat.
3. The provincial award council has the following tasks:
a) Appraise documents, and consider and recommend the presentation of awards to eligible units;
b) Be responsible for considering the presentation of awards; carry out procedures for considering the presentation of awards at the Department of Health.
Article 14. Ministerial award council
1. Components of a ministerial award council:
The ministerial award council includes 09 – 11 members, established by the Minister of Health. To be specific:
a) The Chairperson of the Council is the Deputy Minister of Health;
b) Vice Chairpersons are the leader of Director of Medical Examination & Treatment Administration and the leader of Department of Organization and Personnel;
c) Council members may be representatives of agencies and units, including Ministry of Education and Training; Ministry of Culture, Sports and Tourism; Ministry of Public Security; Department of Legal Affairs, Inspectorate of the Ministry of Health and other relevant agencies.
2. Secretariat assisting the council includes representatives of some units under the Ministry of Health, including Department of Organization and Personnel, Department of Legal Affairs, Inspectorate of the Ministry of Health and the Fund for Prevention and Control of Tobacco Harm (Executive Agency, Board of Supervisors) decided by the council’s Chairperson.
3. The ministerial award council has the following tasks:
a) Appraise documents, and consider and recommend the presentation of awards to eligible organizations and individuals nominated by provincial award councils;
b) Be responsible for considering the presentation of awards.
Article 15. Application for a “smokefree environment” award
1. Regarding an application submitted to a Department of Health:
a) A written list of organizations/individuals that strictly comply with regulations on no-smoking places and are nominated by the advisory unit of prevention and control of tobacco harm affiliated to the Department of Health, enclosed with documents about their achievements according to the Form specified in Appendix No. 3 of this Circular;
b) Documents proving compliance with requirements and standards provided by the organization/individual possessing place(s) (if any); proof of initiative(s); commendation and reward forms; other documents (if any).
2. Regarding an application submitted to the Ministry of Health:
a) Written proposal of the Department of Health for the award;
b) List of units recommended for the award;
c) Meeting minutes of the provincial ward council;
d) Documents specified in Clause 1 of this Article;
3. The applicant shall be responsible for the accuracy of documents and the application.
1. Before January 15 of the award consideration year:
a) Ministries, central government authorities and central agencies shall appoint nominees, give notification and cooperate with units that strictly comply with regulations on smokefree environment to complete their applications and then send them to Departments of Health of provinces and central-affiliated cities where they are located.
b) Departments, local government authorities and agencies of provinces and central-affiliated cities shall appoint nominees, give notification, compile the list and cooperate with units that strictly comply with regulations on smokefree environment to complete their applications and then send them to Departments of Health.
2. Before March 01 of the award consideration year, the standing agency of the provincial award council shall consolidate and submit applications to the award council for consideration.
Each Department of Health may nominate 01 (one) unit for each category of places specified in Clauses 2, 3, 4 and 5, Article 1 of this Circular.
3. Before April 01 of the award consideration year, Departments of Health shall send applications to the ministerial award council (via the Fund for Prevention and Control of Tobacco Harm).
Article 17. Procedures for considering the presentation of awards at a provincial award council
1. The secretariat of the provincial award council shall consolidate all applications and submit them to the council for appraisal, consideration and assessment.
2. The council shall be responsible for appraising all applications submitted by the secretariat and then submitting them to the competent authority within 15 days from the date of receipt of complete applications according to regulations.
3. The council shall organize a meeting to consider approving satisfactory applications and vote by secret ballot. In the absence of council's members, the voting shall be applied. A unit will be included in the list submitted to the ministerial award council if at least 90% of the total number of council members under the establishment decision vote in favor of such unit.
4. The secretariat shall be responsible for taking minutes of the meeting and completing procedures so that the standing unit submits applications to the ministerial award council. The secretariat shall be responsible for the accuracy of these applications.
Article 18. Procedures for considering the presentation of awards at a ministerial award council
1. The secretariat of the ministerial award council shall consolidate all applications and, appraise and submit them to the council for consideration.
2. Within 20 days from the date of receipt of such applications from the secretariat, the council shall organize a meeting to consider approving satisfactory applications and vote by secret ballot. In the absence of council members, the voting shall be applied. A unit will be included in the list submitted to the Minister of Health for consideration and decision if at least 90% of the total number of council members under the establishment decision vote in favor of such unit.
If there are more than 30 units that meet standards, the award council will consider making decision according to the favorable conditions specified in Clause 2, Article 11 of this Circular.
3. The Secretariat shall be responsible for taking minutes of the meeting and completing procedures so that the standing unit submits applications to the Minister of Health for consideration and signature of the decision on the presentation of “smokefree environment” awards. The Secretariat shall be responsible for the accuracy of these applications.
Article 19. Announcement and presentation of the award
1. After the Minister of Health issues a decision on the presentation of the award, the standing unit of the council shall propose organization of an award announcement and presentation ceremony to the Minister of Health (through Department of Organization and Personnel) for consideration and decision.
2. The award announcement and presentation ceremony shall be held on World No Tobacco Day (May 31) and National Tobacco-Free Week (from May 25-31).
3. The award announcement and presentation ceremony shall be held in a formal, economical and effective manner.
4. The presentation of the award shall be publicly announced in mass media.
5. The Ministry of Health shall announce the list of organizations and individuals that are presented with the awards on its web portal and introduce organizations and individuals that win the awards to agencies, organizations and associations for the purpose of promotion and communications.
1. The funding for consideration for the presentation of the awards is derived from the Fund for prevention and control of tobacco harm specified in Point b Clause 2 Article 29 of the Law on Tobacco Harm Prevention; Point e, Clause 2 Article 11 of the Circular No. 45/2014/TT-BTC dated April 16, 2014 of the Ministry of Finance and other legal sources.
2. The funding shall be used in accordance with law regulations.
3. The Fund for Prevention and Control of Tobacco Harm shall, according to the actual situation of the award consideration year, set up expenses on the consideration for the presentation of the awards and submits them to the council for management and decision according to regulations. To be specific:
a) Formulating and implementing the council's plan to consider presenting the awards.
b) Appraising applications;
c) Organizing the council's meetings;
d) Disseminating information about the consideration for presentation of the awards in mass media;
dd) Promoting and introducing the awards and the presentation of awards;
e) Organizing press meetings about title consideration;
g) Organizing the award presentation ceremony;
h) Printing documents serving the consideration for presentation of the awards: printing certificates; purchasing certificate frames; making trophies;
i) Giving monetary awards to organizations that win the “smokefree environment” awards;
k) Paying travel and accommodation expenses to a representative of the presented organization during the award presentation ceremony;
l) Conducting other activities according to regulations.
1. In case any violation is detected during the award consideration process or the unit presented with the award does not meet the prescribed standards, depending on the nature and extent of the violation, the provincial award council shall recommend the ministerial award council to make consideration and then request the Minister of Health to revoke the award or cancel the award consideration result.
2. During the award consideration process and after the presentation of the awards, all complaints and denunciations shall be settled in accordance with law regulations.
IMPLEMENTATION RESPONSIBILITIES
Article 22. Responsibilities of People’s Committees of provinces and central-affiliated cities
1. Direct the implementation of this Circular in their provinces and cities.
2. Direct and organize inspection and handling of violations against the law on no-smoking places.
3. Make annual reports on implementation of regulations on no-smoking places in their provinces and cities and include them in general reports on prevention of tobacco harm, and then send them to the Ministry of Health, which will submit a consolidated report to the Government according to regulations.
Article 23. Responsibilities of units affiliated to the Ministry of Health
1. Medical Examination & Treatment Administration:
a) Organize training and refresher training; provide information and education about compliance with regulations on no-smoking;
b) Conduct inspection, and propose commendation and handling of violations against law regulations on no-smoking within its competence;
c) Carry out review and make periodic and ad hoc reports on compliance with regulations on no-smoking places according to the law on prevention of tobacco harm;
2. Department of Organization and Personnel shall provide professional guidance on the consideration for presentation of “smokefree environment” awards.
3. The General Department of Preventive Medicine shall organize, provide guidance on and integrate compliance with regulations on no-smoking places into prevention and control of risks of non-communicable diseases.
4. The Health Environment Management Agency shall organize, provide guidance on and integrate compliance with regulations on no-smoking places into medial affairs, development of green - clean - beautiful medical facilities, and other appropriate activities in the medical environment sector.
5. Inspectorate of the Ministry of Health:
a) Organize training and refresher training in inspection and handling of administrative violations against regulations on no-smoking;
b) Conduct inspection and handle violations against law regulations on no-smoking.
6. The Legal Department shall participate in dissemination and education about laws; monitor the enforcement of laws on no-smoking places.
7. Fund for prevention and control of tobacco harm:
a) Assist units in complying with regulations on no-smoking places in accordance with its functions and tasks;
b) Act as the standing agency of the ministerial award council; provide guidance on the consideration for presentation of the awards; develop regulations on expenses on the awards and submit them to competent authorities for promulgation; cooperate with relevant agencies and organizations to organize the presentation of awards;
c) Provide information about, disseminate, propaganda, advertise, promote and introduce the awards;
d) Study and support development of initiatives for the placement of signs at places that meet smokefree environment criteria.
Article 24. Responsibilities of Departments of Health
1. Advise People’s Committees of provinces and central- affiliated cities to organize the implementation of this Circular in their provinces and cities.
2. Provide guidance, organize the implementation, conduct inspection and handle violations against regulations on implementation of this Circular with regard to units under their management.
3. Organize the consideration for presentation of the awards at provincial award councils.
4. Provide information about, disseminate, propaganda, advertise, promote and introduce the awards;
Article 25. Responsibilities of heads of no-smoking places
1. Integrate regulations on no-smoking into separate or internal rules and regulations; or integrate them into general rules and regulations, including regulations on emulation, commendation and handling of violations against laws.
2. Assign tasks to individuals and departments that are responsible for urging compliance with regulations on no-smoking places, inspecting and handling violations of laws under internal rules about such compliance.
3. Disseminate information and raise awareness among employees of facilities; remind visitors who come to no-smoking places about compliance with regulations on no-smoking.
4. Direct the placement of signs at places under their management, and inspect and replace damaged signs on a periodic basis. Equip ashtrays which contain cigarette butts, leftovers and ashes in premises where smoking is allowed and in designated smoking areas.
5. Give commendation, take disciplinary actions and handle violations against regulations on no-smoking places according to law regulations. Make records of administrative violations, within their competence, (if any) to impose penalties according to law regulations or request competent authorities to impose administrative penalties.
6. Encourage the installation of cameras to detect violations and impose penalties for violations against regulations on no-smoking in accordance with law regulations.
7. With regard to public places with designated smoking areas, encourage complete prohibition on smoking or arrange outdoor designated smoking areas that are far away from crowded places.
This Circular comes into force from August 01, 2023.
Article 27. Terms of reference
In case any legislative documents referred to in this Circular are amended, supplemented, or replaced, the new documents shall prevail.
Article 28. Implementation responsibilities
1. The Medical Examination & Treatment Administration shall act as a focal point which monitors, inspects and urges the implementation of this Circular.
2. Chief of Ministry Office; Ministerial Chief Inspector; Directors of Departments under the Ministry of Health; Directors of Health Departments of provinces and central-affiliated cities; and relevant organizations and individuals shall implement this Circular.
Any difficulty arising from implementation of this Circular should be promptly reported to the Ministry of Health. /.
|
PP. MINISTER |
(Enclosed with Circular No. 11/2023/TT-BGTVT dated May 11, 2023 of the Minister of Health)
Form No. 3: Sign showing direction to a designated smoking area.
Form No. 4: “Smoking area” sign
(Enclosed with Circular No. 11/2023/TT-BGTVT dated May 11, 2023 of the Minister of Health)
Form No. 1. Certificate of "smokefree environment" award
(Back side of the certificate shows the list of organizations/individuals that receive the awards)
WRITTEN
PROPOSAL AND REPORT ON ACHIEVEMENTS OF NOMINEE
(Enclosed with Circular No. 11/2023/TT-BGTVT dated May 11, 2023 of the
Minister of Health)
PROPOSING UNIT |
SOCIALIST REPUBLIC OF
VIETNAM |
No: /BC-… |
...date … month … year ... |
PROPOSAL AND REPORT ON ACHIEVEMENTS
Recommendation on the consideration for presentation of "smokefree environment" awards
PART I
LIST OF NOMINEES;
1. ……………………
2. ……………………
|
HEAD OF PROPOSING UNIT |
PART II
ACHIEVEMENTS OF NOMINEE
I- CHARACTERISTICS AND SITUATION
1. Name of the unit and its place(s)
2. Establishment process, organizational structure, total number of officials and public employees, operations.
II- ACHIEVEMENTS
1. Report on achievements according to standards applicable to no-smoking places and other standards.
2. Attached documents and proof.
|
PREPARED BY |
Note:
(1) Place.