Prohibited Smoking Areas and Associated Fines
Which locations are prohibited from smoking?
Pursuant to the provisions of Article 1 Circular 11/2023/TT-BYT, the locations prohibited from smoking include:
(1) Locations where smoking is completely prohibited indoors and within the premises:
- Medical facilities;
- Educational institutions;
- Facilities for childcare, nurturing, play, and entertainment specifically for children;
- Facilities or areas at high risk of fire and explosion as stipulated in Appendix II to the List of Facilities with Fire and Explosion Risks issued together with Decree 136/2020/ND-CP.
(2) Locations where smoking is completely prohibited indoors:
- Indoor workplaces of state administrative agencies, public service providers, enterprises, political organizations, political-social organizations, social organizations, socio-professional organizations, and workplaces of other agencies and units, except for the locations stipulated in Clause 2 and Clause 5 of Article 1 Circular 11/2023/TT-BYT;
- Indoor areas of public places: food service establishments, entertainment service establishments, stations, ports, religious and belief establishments, conference centers, shopping centers, markets, theaters, cultural houses, cinemas, circuses, clubs, sports arenas, stadiums, community houses, common areas of apartment complexes, and other public areas, except for locations (1) (4).
(3) Public transportation where smoking is completely prohibited:
- Automobiles;
- Aircraft;
- Trains.
(4) Locations where smoking is prohibited indoors but there are designated areas for smokers:
- Airport isolation areas;
- Bars, karaoke parlors, discos;
- Hotels, guest houses, resorts, and other tourist accommodations;
- Public transportation such as ships and trains.
Prohibited smoking locations? How much will smokers be fined? (Image from the Internet)
How much will smokers be fined at prohibited locations?
According to Article 13 of the Law on Prevention and Control of Tobacco Harms 2012, the obligations of smokers include:
- Not smoking at locations where smoking is prohibited.
- Not smoking indoors when there are children, pregnant women, patients, or elderly people.
- Keeping general hygiene, disposing of cigarette butts and ashes in designated places when smoking at locations where smoking is allowed.
Pursuant to Clause 1, Article 25 of Decree 117/2020/ND-CP on the penalties for administrative violations in the field of health:
Violations of smoking prohibition regulations
1. A warning or a fine of VND 200,000 to VND 500,000 shall be imposed for smoking at locations where smoking is prohibited. In case of smoking on an aircraft, penalties shall be imposed according to aviation civil administrative violation regulations.
2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for one of the following acts:
a) Failing to post signs or symbols indicating "No Smoking" at locations where smoking is prohibited as stipulated by law;
b) Failing to organize, guide, inspect, or urge the implementation of smoking prohibitions at locations under their management.
3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following acts at designated smoking areas:
a) Failing to have separate rooms and ventilation systems from non-smoking areas;
b) Failing to have containers for cigarette butts and ashes;
c) Failing to display signs at suitable, easily visible locations;
d) Failing to have fire prevention and fighting equipment.
Thus, according to the above regulations, smokers at prohibited locations may be fined up to VND 500,000. Additionally, failing to display "No Smoking" signs at prohibited locations will result in a fine ranging from VND 3,000,000 to VND 5,000,000 for individuals or organizations responsible.
What are the general requirements for all prohibited smoking locations?
Pursuant to Article 3 of Circular 11/2023/TT-BYT, the general requirements for all prohibited smoking locations are as follows:
(1) Having signs, posters, or symbols indicating "No Smoking".
Note:
Signs must meet the following requirements:
- Content of the message must be clear, understandable, and concise;
- Sign material must be durable and resistant to fading; outdoor signs must withstand environmental impacts;
- The size and font of the sign must be appropriate for the location and space; bold, easy-to-read letters; contrasting colors between the text and the background;
- Signs placed in public areas with insufficient lighting must include reflective features or lighting to ensure visibility.
Sign placement must meet the following requirements:
- The distance between signs must be appropriate for the scale and space of each location;
- Signs must be placed in easily visible locations, in areas with high traffic; at the entrance to the premises, outdoor parking areas; for indoor areas, at the entrance, reception areas, waiting chairs, stairwells, elevators, covered hallways, parking garages, and restrooms.
(2) No ashtrays, smoking utensils, cigarette butts, or ashes are allowed at prohibited smoking locations.
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