What are the requirements for a non-smoking location under the law in Vietnam?

What are the requirements for a non-smoking location under the law in Vietnam? (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What are the general requirements for a smoke-free location?

According to Article 3 of Circular 11/2023/TT-BYT, the general requirements for locations where smoking is prohibited are prescribed as follows:

- Having locationd, printed, or arranged (hereinafter referred to as placing) signs, letters, or symbols with content prohibiting smoking (hereinafter collectively referred to as signs).

Agencies, organizations, and individuals refer to Forms No. 1 and No. 2 in Appendix 1 issued together with Circular 11/2023/TT-BYT.

- The sea ensures the following requirements:

+ The message content is clear, easy to understand, and concise;

+ Durable marine material, hard to fade; signs locationd outdoors withstand the impact of the external environment;

+ The size and font size of the signboard are suitable for the position and space of the signboard; bold, easy-to-read text; font color, icon contrast with background color;

+ Signboards locationd in public locations in insufficient light conditions: with reflectors, marine lighting, or other suitable forms to ensure easy viewing.

- The locationment of signs must satisfy the following requirements:

+ The distance between the seas is suitable for the scale and space of each location;

+ Put the sign in an easy-to-observe position, in an area with a lot of people passing by; entrance gate to campus area, outdoor parking area; for indoor areas located at doors, front halls, reception areas, waiting chairs, floors of stairs, in elevators, covered corridors, garages, toilets.

- There are no ashtrays, smoking utensils, butts, or cigarette butts in the smoking-free area.

2. Specific requirements for smoking-free locations in Vietnam

(1) Specific requirements for completely smoke-free indoor and on-site locations:

- There is a sea in the campus area.

- For medical facilities: At least put the sign in the examination area, ward, canteen, etc.

- For educational institutions: At least put the sign in the hall, meeting room, working room, classroom area, security room, library, multi-purpose room, canteen, canteen, boarding room area, or semi-boarding room.

- For establishments that care, nurture, play, and entertain exclusively for children: At least put signs in meeting rooms, common rooms, canteens, rest rooms, and other necessary areas with children.

- For establishments or areas with a high risk of fire and explosion, as specified in Appendix II to the List of Establishments at risk of Fire and Explosion, promulgated together with Decree 136/2020/ND-CP: location the sign at the location where there is a source of fire and explosion risk.

(Article 4 of Circular 11/2023/TT-BYT)

(2) Specific requirements for completely smoke-free indoor locations:

- At least put the sign in the office, hall, meeting room, security room, canteen, etc.

- In case this location has an outdoor area where smoking is allowed, the location where smoking is allowed should be far away from doors, emergency exits, and windows to ensure smoke does not affect these locations.

(Article 5 of Circular 11/2023/TT-BYT)

(3) Specific requirements for public transport where smoking is completely prohibited:

The sign is locationd in the cockpit for everyone sitting in public transport to easily observe, at the position of the up and down doors.

(Article 6 of Circular 11/2023/TT-BYT)

(4) Specific requirements for locations where smoking is not allowed indoors but where a designated smoking area is allowed:

- There is a signboard with content indicating the way to the designated smoking area. Agencies, organizations, and individuals refer to the sample plate number 3 in Appendix 1 issued together with Circular 11/2023/TT-BYT.

- A location reserved for smokers should meet the following requirements:

+ There is a sign with the content of the smoking area.

Agencies, organizations, and individuals refer to the sample plate number 4 in Appendix 1 issued together with Circular 11/2023/TT-BYT;

+ Room reserved for smokers: Ensure separate, separate ventilation; do not open doors, exits, or exhaust gases into rooms, non-smoking areas, or corridors shared with other rooms;

+ Having equipment to store cigarette butts and cigarette butts;

+ Having fire prevention and fighting equipment in accordance with the law on fire prevention and fighting.

- Hotels, motels, guest houses, resorts, and other tourist accommodation establishments:

+ At least put signs in the lobby, reception, common areas, and accommodation rooms;

+ locations reserved for smokers (if any): not arranged in the common lobby, not arranged as accommodation for non-smokers.

- Ships: A location reserved for smokers shall be arranged on the deck of the ship or arranged in a separate room meeting the requirements specified in Clause 2, Article 7 of Circular 11/2023/TT-BYT.

- Train: A location reserved for smokers should be arranged at the end of the train, not at the connecting area between 02 passenger cars.

(Article 7 of Circular 11/2023/TT-BYT)

>> Circular 11/2023/TT-BYT takes effect as of August 1, 2023.

Nguyen Thi Hoai Thuong

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