VINAYA LAW FIRM

Social: The Prohibition of Smoking in public areas

Date of publication: 16-03-2016


Category: Legal updates


Audience: All


The Prohibition of Smoking in Public Areas

The recent regulation prohibiting smoking in public areas was issued in a Sub-Decree No. 43 ANKR.BK dated March 16th, 2016 and covers measures to ‘Ban Smoking and Smoke Emission’ at the work places or in public places.

1. Ban areas

A. Public Places: Areas where the ban will take effect include restaurants, offices, government buildings, hospitals, schools, parks... Likewise smoke emissions are also banned at areas of public transportation, the premises of health facilities, education institutions, children’s playgrounds, public gardens, religious facilities, museums, historical or cultural sites, gas stations, airports and places with combustible materials or environment (such as petrol stations).

B. Working Places: Smoking or smoke emission of tobacco products indoor or 5 meters from the ‘gateway’ (entrances and exits) of the workplace. All kinds of ash-trays or pictures showing tobacco products are prohibited in these areas.

2. Sign

The banning sign (prohibiting smoking in an area) should be written in both Khmer and English, "ហាមជក់បារី,​No Smoking", accompanied by the sign of a cigarette stick in the red circle with a red chamfering line stretched on the diameter from the left top to the right bottom as attached in the appendix.

No Smoking or Smoke Emission sign shall have 34100cm2 (220cm length; 155cm width) minimum for places, 600cm2 (30cm length; 20cm width) minimum for workplaces and public places, and 200cm2 (24cm length; 12cm width) minimum for public transportations.

3. Grace period to implement

 Managers or owners of working places and public places have 6 months grace period to remove banned prohibited images or ash-trays and to place obligatory ‘No Smoking or Smoke Emission signs’ in public and working areas according to the guidelines. This is also an opportunity to inform workers and the public in person and with relevant media. After the grace period, penalties for not placing a ‘No smoking and smoke emission of tobacco product sign’ in accordance with this Sub-Decree will be enforceable.

4. Punishment

 From November 18th 2016, owners and managers or other authorities who violate provisions of this Sub-Decree in any area where the ban now applies, may be liable for fines between 20,000 riels (5$) and 50,000 riels (12.5$) per violation, which will be assessed by an inspector of the Ministry of Health.