Circular 11/2023/TT-BYT no-smoking places and consideration for conferment of Tobacco-Free Environment Awards

CIRCULAR

Providing regulations on no-smoking places and consideration for conferment of Tobacco-Free Environment Awards

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Pursuant to the Law on Prevention and Control of Tobacco Harms dated June 18, 2012;

Pursuant to the Education Law dated June 14, 2019;

Pursuant to the Law on Emulation and Commendation dated November 26, 2003; the Law Amending and Supplementing a Number of Articles of the Law on Emulation and Commendation dated June 14, 2005; and the Law Amending and Supplementing a Number of Articles of the Law on Emulation and Commendation dated November 16, 2013;

Pursuant to the Government's Decree No. 77/2013/ND-CP dated July 17, 2013, detailing the Law on Prevention and Control of Tobacco Harms regarding measures for prevention and control of tobacco harms;

Pursuant to the Government's Decree No. 95/2022/ND-CP dated November 15, 2022, defining the functions, tasks, powers and organizational structure of the Ministry of Health;

Pursuant to the Prime Minister's Decision No. 47/2013/QD-TTg dated July 29, 2013, on the establishment and approval of the Organization and Operation Charter of the Tobacco Harm Prevention and Control Fund;

At the request of the Director of the Department of Legal Affairs and the Director of the Medical Services Administration;

The Minister of Health promulgates a Circular providing regulations on no-smoking places and consideration for conferment of Tobacco-Free Environment Awards.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Circular details the implementation of no-smoking places specified in Clauses 2, 3, 4 and 5 of this Article; principles, standards and procedures for consideration for conferment of Tobacco-Free Environment Award, and the responsibilities of related agencies, organizations, and individuals.

2. Places where smoking is completely prohibited indoors and within estate premises include:

a) Healthcare facilities;

b) Educational institutions;

c) Childcare facilities and entertainment and recreation facilities exclusively designated for children;

d) Facilities or areas with high risk of fire and explosion under regulations in Appendix II to the List of facilities with high risk of fire and explosion, attached to the Government's Decree No. 136/2020/ND-CP dated November 24, 2020, 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.

3. Places, where smoking is completely prohibited indoors, include:

a) Indoor workplaces of state administrative agencies, public non-business units, enterprises, political organizations, socio-political organizations, social organizations, socio-professional organizations and workplaces of other agencies, organizations and units, except for the locations specified in Clauses 2 and 5 of this Article;

b) Indoor areas of public places: food service facilities, entertainment service facilities, railway stations, piers, bus stations, religious and belief facilities, convention centers, commercial centers, markets, theaters, cultural houses, cinemas, circuses, clubs, sports halls, stadiums, community houses and common living areas of apartment buildings and other public places, except for the locations specified in Clauses 2 and 5 of this Article.

4. Public means of transportation where smoking is completely prohibited include:

a) Automobiles;

b) Aircraft;

c) Trams.

5. Places, where smoking is prohibited indoors but with separate areas for smokers, include:

a) Isolation areas in airports;

b) Bars, karaoke parlors and dance halls;

c) Hotels, motels, guest houses, resorts and other tourist accommodation establishments;

d) Public means of transport that are ships and trains.

Article 2. Subjects of application

This Circular applies to agencies, organizations and individuals related to the implementation of no-smoking places and consideration for conferment of Tobacco-Free Environment Award.

Chapter II
ORGANIZATION OF THE IMPLEMENTATION OF NO-SMOKING PLACES

Article 3. General requirements for no-smoking places

1. Having placed, printed, arranged (hereinafter collectively referred to as placed) signboards or letters or symbols indicating that smoking is prohibited (hereinafter collectively referred to as signboards). Agencies, organizations and individuals may refer to signboard templates No. 1 and 2 in Appendix 1 to this Circular.

2. The signboards must meet the following requirements:

a) Having clear, understandable, and concise content;

b) Durable and fade-resistant signboard materials; signboards placed outdoors withstand the impact of the external environment;

c) Signboard size and font suitable for the location and space of the signboard; bold and legible text; text color and symbols contrast with the background color;

d) Signboards placed in public places with insufficient lighting should have reflective properties or appropriate lighting or other suitable methods to ensure visibility.

3. The placement of signboards must meet the following requirements:

a) The distance between signboards is appropriate for the scale and space of each place;

b) The signboards must be placed in easy-to-observe positions, in areas with high pedestrian traffic; entrance gates to outdoor areas and outdoor parking areas; for indoor areas located at doors, front halls, reception areas, waiting chairs, floors of stairs, in elevators, covered corridors, indoor parking areas, restrooms.

4. No ashtrays, smoking utensils, tobacco ends, or ashes should be presented at no-smoking places.

Article 4. Specific requirements for places where smoking is completely prohibited indoors and within estate premises

1. Having signboards in the premises.

2. For the places specified at Point a Clause 2 Article 1 of this Circular, at least the following requirements must be satisfied: Signboards must be placed in medical examination areas, wards, canteens and dining rooms.

3. For the places specified at Point b Clause 2 Article 1 of this Circular, at least the following requirements must be satisfied: Signboards must be placed in halls, meeting rooms, workrooms, classrooms, security rooms, libraries, multi-purpose rooms, canteens, dining rooms, boarding and semi-boarding rooms.

4. For the places specified at Point c Clause 2 Article 1 of this Circular, at least the following requirements must be satisfied: Signboards must be placed in meeting rooms, common areas, dining rooms, restrooms, and other necessary areas where there are children.

5. The places specified at Point d Clause 2 Article 1 of this Circular: must have signboards placed at the places where there is a source of fire or explosion risk.

Article 5. Specific requirements for places where smoking is completely prohibited indoors

1. For the places specified in Clause 3 Article 1 of this Circular, at least the following requirements must be satisfied: Signboards must be placed in workrooms, halls, meeting rooms, security rooms, canteens and dining rooms.

2. In case where smoking is allowed at the outdoor or estate premises of such places, the designated smoking area must be positioned away from entrances, exits, emergency exits, and windows to ensure that tobacco smoke does not affect the places.

Article 6. Specific requirements for public means of transportation where smoking is completely prohibited

Signboards shall be placed in the cockpit at easy-to-see positions for passengers seated in public means of transportation and be placed at the entrance and exit doors.

Article 7. Specific requirements for places where smoking is prohibited indoors but with separate areas

1. Having signboards with content providing directions to the separate smoking area. Agencies, organizations and individuals may refer to signboard template No. 3 in Appendix 1 to this Circular.

2. Separate areas for smokers must satisfy the following requirements:

a) Having signboards with content notifying the smoking area. Agencies, organizations and individuals may refer to signboard template No. 4 in Appendix 1 to this Circular;

b) Separate rooms for smokers: must be physically separated and have separated air ventilation; it is recommended not to open doors, or release or discharge air into no-smoking rooms or areas or corridors shared with other rooms;

c) Having containers for tobacco ends and ashes;

d) Having fire prevention and fighting devices according to the law of fire prevention and fighting.

3. Hotels, motels, guest houses, resorts and other tourist accommodation establishments must at least satisfy the following requirements:

a) Signboards must be placed in lobbies, reception counters, common areas, and accommodation rooms;

b) Separate areas for smokers (if any): shall not be arranged in common lobbies or assigned as accommodations for non-smokers.

4. Ships: Separate areas for smokers shall be arranged on the deck or in separate rooms that meet the requirements specified in Clause 2 of this Article.

5. Trains: Separate areas for smokers shall be arranged at the end of trains, and not be positioned in the connecting area between two railway carriages.

Chapter III

CONSIDERATION FOR CONFERMENT OF TOBACCO-FREE ENVIRONMENT AWARD

Article 8. Tobacco-Free Environment Award

1. Tobacco-Free Environment Award (hereinafter referred to as the Award) shall be awarded to organizations and individuals who have no-smoking places that meet the standards specified in Article 11 of this Circular, as selected by Councils for consideration for conferment of the provincial-level Departments of Health and the Ministry of Health (hereinafter referred to as the Award Councils).

2. The Award shall be awarded by the decision of the Minister of Health on the basis of the proposal of the Award Council of the Ministry of Health (hereinafter referred to as the Council of the Ministry of Health).

3. The Award shall be organized and conferred every two years (hereinafter referred to as the award period) and the Award shall be valid within the award period.

Article 9. Principles of consideration for conferment

1. Compliance with subjects, criteria, and procedures specified in this Circular.

2. Accuracy, transparency, publicness, secret ballot, and majority decision.

3. The Award shall not be considered for organizations or individuals who are in the process of being considered by competent authorities for disciplinary action, handling of violations of the law or in the process of investigation, prosecution or trial; or those who are subject to inspection and examination when there are signs of violation or there is a written complaint or denunciation being verified and clarified.

4. Each Award corresponds to a specific type of place.

In cases where an organization or individual has multiple places that meet the criteria within the same type of place, only an Award shall be conferred for such place. In cases where an organization or individual has multiple places that meet the criteria but belong to different types of places, an Award shall be conferred for each type of place.

5. The maximum number of Awards to be conferred in an award period is 30. Depending on the actual conditions of each awarding period, the Council of the Ministry of Health shall decide the number of Awards to be allocated to different types of places.

Article 10. Award regimes

1. Award regimes include:

a) Award Certificate of the Minister of Health;

b) Symbol (souvenir) of the Award.

c) Bonuses as prescribed;

2. Organizations and individuals who are awarded are entitled to store, display, and use the Award Certificate and the Award symbol to promote and publicize the image via mass media.

Article 11. Criteria of consideration for conferment of Award

1. Criteria of consideration for conferment of Award:

a) Satisfying the requirements on the organization of implementation of no-smoking places specified in Chapter II of this Circular;

b) Complying with the provisions of Clauses 1, 2, 3, 4 and 5 Article 25 of this Circular;

c) No act of smoking at no-smoking places;

d) No tobacco advertising, promotion, or direct marketing of tobacco products to consumers in any method; no organization, permission, or sale of tobacco at places specified in Clauses 2, 3, 4, and 5 of Article 1 of this Circular, except for duty-free shops in the separate areas of airports;

dd) Not receiving financial sponsorship from tobacco production and business establishments according to the Law on Prevention and Control of Tobacco Harms.

2. Priority criteria of consideration for conferment of Award:

a) Having initiatives on prevention and control of harmful effects of tobacco that have been recognized by competent authorities;

b) Having been awarded by competent authorities for good implementation of regulations on prevention and control of tobacco harms, in order of priority according to award level from high to low;

c) Allocating the unit's budget or mobilizing the funding source for the implementation of tobacco-free environment regulations (except for funding from the Tobacco Control Fund);

d) Using cameras to detect smoking acts at no-smoking places;

dd) Having a counseling office or regularly organizing counseling activities to support tobacco use cessation.

e) Having educational materials and messages promoting tobacco use cessation. Having banners, posters, flyers, or other communication materials about tobacco harms in visible locations or areas with high foot traffic in no-smoking places.

3. The time to evaluate the criteria for consideration and conferment shall be calculated within a period of 2 consecutive years up to the time of consideration.

Article 12. Award Councils

1. Award Councils shall be organized at two levels: The Council of the provincial-level Department of Health and the Council of the Ministry of Health.

2. Standing unit of the Council of the provincial-level Department of Health: The specialized unit assigned by the Director of the provincial-level Department of Health.

3. Standing unit of the Council of the Ministry of Health: Tobacco Control Fund.

Article 13. The Council of the provincial-level Department of Health

 1. Members of the Council of the provincial-level Department of Health:

The Council of the provincial-level Department of Health is established under the decision of the Director of the provincial-level Department of Health, and consists of 07 to 09 members, including:

a) The Chairman of the Council is the representative of the leaders of the provincial-level Department of Health of the province or centrally-run city;

b) The Vice Chairman of the Council is the leader of the unit in charge of emulation and commendation of the provincial-level Department of Health of the province or centrally-run city;

c) Council members may invite representatives of the following agencies and units: Inspectorates of the provincial-level Department of Health, the provincial-level Department of Education and Training, the provincial-level Department of Information and Communication, the provincial-level Department of Culture, Sports and Tourism/Department of Tourism, and other members as decided by the Director of the provincial-level Department of Health.

2. The assisting secretariat of the Council shall be decided by the Director of the provincial-level Department of Health. The leader of the provincial-level Center for Disease Control is the Chief of the Secretariat.

3. Tasks of the Council of the provincial-level Department of Health:

a) Appraisal of dossiers, consideration and proposals for conferment to eligible units;

b) Taking responsibility for consideration for conferment; carrying out the process for consideration for conferment at the provincial-level Department of Health.

Article 14. The Council of the Ministry of Health

1. Members of the Council of the Ministry of Health:

The Council of the Ministry of Health is established under the decision of the Minister of Health, and consists of 09 to 11 members, including:

a) The Chairman of the Council is the Deputy Minister of Health;

b) The Vice Chairmen of the Council are leaders of the Medical Services Administration and the Department of Organization and Personnel;

c) Council members may invite representatives of the following agencies and units: The 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 related agencies.

2. The assisting secretariat of the Council includes representatives of a number of units under the Ministries, such as the Department of Organization and Personnel, Department of Legal Affairs, Inspectorate of the Ministry of Health and the Tobacco Control Fund (the Executive Board and the Board of Control) shall be decided by the Chairman of the Council.

3. Tasks of the Council of the Ministry of Health:

a) Appraisal of dossiers, consideration and proposals for conferment to eligible organizations and individuals proposed by Councils of provincial-level Departments of Health;

b) Taking responsibility for the organization of consideration for conferment.

Article 15. Dossiers of proposal for conferment

1. Dossier for awards of the provincial-level Department of Health:

a) A written proposal for a list of organizations and individuals that have well-organized the regulations on no-smoking places, proposed by the advisory unit on the prevention and control of tobacco harms under the provincial-level Department of Health, together with achievements of the organizations or individuals whose places are proposed to be considered for conferment, made according to the form specified in Appendix 3 to this Circular;

b) Documents proving satisfaction of requirements and criteria provided by the nominated organizations or individuals (if any); evidence of innovations, achieved commendations, and other related papers or documents (if any).

2. Dossier for awards of the Ministry of Health:

a) A written request from the provincial-level Department of Health to consider and confer the award;

b) A list of units proposed for consideration and conferment of the award;

c) Minutes of the meeting of the Council at the provincial-level Department;

a) Documents prescribed in Clause 1 of this Article;

3. Individuals and organizations preparing dossiers shall take responsibility for the accuracy of the documents and dossiers proposed for consideration and conferment.

Article 16. Process of consideration for conferment and time for preparation and submission of dossiers

1. Before January 15 of the award year:

a) Ministries, sectors, and agencies at the central level shall propose, notify, and coordinate with units implementing well tobacco-free environment to complete dossiers and submit them to the Departments of Health of the provinces or centrally-run cities in their respective localities.

b) Departments, sectors and agencies of provinces and centrally-run cities shall notify, propose, prepare a list and coordinate with units implementing well tobacco-free environment to complete dossiers and submit them to the provincial-level Department of Health

2. Before March 1 of the award year, the standing agency of the Council of the provincial-level Department of Health shall summarize and submit to the Council of the provincial-level Department of Health for consideration.

Each provincial-level Department of Health may suggest 01 (one) unit of each type of place specified in Clauses 2, 3, 4 and 5 Article 1 of this Circular.

3. Before April 1 of the award year, the provincial-level Department of Health shall send dossiers to the Council of the Ministry of Health (via the Tobacco Control Fund).

Article 17. Procedures for consideration for conferment at the Council of provincial-level Department of Health

1. The secretariat of the Council of the provincial-level Department of Health shall summarize all the dossiers and submit them to the Council for appraisal, consideration and assessment.

2. The Council shall appraise the dossiers submitted by the Secretariat and submit them to the competent authorities within 15 (fifteen) days from the date of receipt of the complete dossiers as prescribed.

3. The Council shall hold a meeting to consider qualified dossiers and conduct a secret ballot. In case any Council member is absent, his/her opinion shall be collected by written voting. Units that receive 90% or more of the total votes in favor from Council members under the establishment decision, shall be included in the list to submit to the Council at the Ministry of Health.

4. The secretariat shall record the minutes of meetings of the Council, and complete the procedures for Standing members of the Council to submit to the Council at the Ministry of Health. The secretariat shall take responsibility for the accuracy of the compilation of dossiers.

Article 18. Procedures for consideration for conferment at the Council of the Ministry of Health

1. The secretariat of the Council shall summarize all the dossiers, appraise and then submit them to the Council for consideration.

2. Within 20 (twenty) days from the date of submission of documents from the Secretariat, the Council shall hold a meeting to consider qualified dossiers and conduct secret voting. In case any Council member is absent, his/her opinion shall be collected by written voting. Units that receive 90% or more of the total votes in favor from Council members under the establishment decision, shall be included in the list to submit to the Minister of Health for consideration and decision.

In the case of having more than 30 units that meet the criteria, the Council shall base on the priority criteria specified in Clause 2 Article 11 of this Circular to consider and decide.

3. The secretariat shall record the minutes of meetings of the Council, and complete the procedures for Standing members of the Council to submit to the Minister of Health for consideration for conferment of a tobacco-free environment award. The secretariat shall take responsibility for the accuracy of the summarization of dossiers.

Article 19. Announcement and conferment of the Award

1. After the Minister of Health issues the decision on the conferment of the Award, the Standing members of the Council shall submit it to the Minister of Health (through the Department of Organization and Personnel) to consider and decide on the organization of the announcement and awarding ceremony.

2. The announcement and awarding ceremony of the Awards is held in response to World No Tobacco Day (May 31) and National No Tobacco Week (From May 25 to May 31).

3. The awarding ceremony shall be organized in a solemn, economical and efficient manner.

4. The Awards shall be widely communicated in the mass media.

5. The Ministry of Health shall announce the list of organizations and individuals who have received the Awards on the Ministry of Health's e-portal and introduce the award recipients to agencies, organizations, and associations for promotion and communication.

Article 20. Funds and expenses for consideration and conferment of the Awards

1. Funds for the consideration and conferment of the Awards shall be arranged from the funding source of the Tobacco Control Fund specified at Point b Clause 2 Article 29 of the Law on Prevention and Control of Tobacco Harms; Point e Clause 2 Article 11 of Circular No. 45/2014/TT-BTC dated April 16, 2014, of the Ministry of Finance, on guiding the collection and payment of the compulsory amount, financial and accounting policies with the Tobacco Control Fund and other lawful sources as prescribed by law.

2. The use of funds must comply with regulations.

3. The Tobacco Control Fund shall, based on the actual situation of the award year, develop the spending levels for the consideration and conferment of the Awards and submit them to the Management Council for decision according to regulations for the following expenditures:

a) Developing and implementing the selection plan of the Council;

b) Assessing dossiers for consideration for conferment;

c) Organizing meetings of the Council;

d) Disclosing information on the process of consideration for conferment on mass media;

dd) Spending on promotional, introducing activities of Awards and awarding ceremonies.

e) Holding press conferences on the consideration of the award;

g) Organizing awarding ceremony;

h) Printing documents, taking photos for consideration for conferment, printing certificates, purchasing certificate frames, and making symbols (souvenirs) for the Awards;

i) Providing bonuses to organizations conferred the Awards;

k) Travel and accommodation expenses for a representative of the conferred organization during the awarding ceremony;

l) Other activities as prescribed.

Article 21. Revocation, cancellation of the Awards, handling of complaints and denunciations

1. In case a violation is detected during the process of consideration for conferment of the Awards or if the recipient fails to meet the prescribed criteria, depending on the nature and seriousness of the violation, the Council of the provincial-level Department of Health shall propose the Council of the Ministry of Health to consider and submit it to the Minister of Health to revoke the award or cancel the award results.

2. All complaints and denunciations during the consideration process and after conferring the award shall be handled in accordance with the law.

Chapter IV
IMPLEMENTATION RESPONSIBILITY

Article 22. Responsibilities of People's Committees of provinces and centrally-run cities

1. To direct the organization of implementation of this Circular in the locality.

2. To direct and organize the inspection, examination and handling of violations of the law on the implementation of regulations on no-smoking places.

3. To annually report the results of the implementation of regulations on no-smoking places in the locality in the general report on the prevention and control of tobacco harms to the Ministry of Health for summarizing and reporting to the Government as prescribed.

Article 23. Responsibilities of units under the Ministry of Health

1. The Department of Medical Services Administration:

a) To organize professional training, workshops, and educational communication on the implementation of the smoking ban.

b) To inspect, examine, propose commendation, and handle violations relating to the compliance with regulations on smoking ban according to their competence;

c) To summarize and report periodically and irregularly on the implementation of regulations on no-smoking places according to the law on prevention and control of tobacco harms;

2. The Department of Organization and Personnel shall provide professional guidance on the consideration and conferment of the Tobacco-free Environment Awards.

3. The General Department of Preventive Medicine shall organize, guide, and integrate the implementation of regulations on no-smoking places in the prevention and control of risk factors of non-communicable diseases.

4. The Health Environment Management Agency shall organize, guide, and integrate the implementation of regulations on non-smoking places within school health, green-clean-beautiful medical facilities, and other appropriate activities in the field of medical environment.

5. The Ministry Inspectorate:

a) To organize professional training and workshops on inspection and handling of administrative violations of regulations on smoking ban;

b) To inspect, examine, and handle violations relating to compliance with regulations on smoking ban.

6. The Department of Legal Affairs shall propagate, disseminate and educate the law; monitor the enforcement of the law on no-smoking places.

7. The Tobacco Control Fund:

a) To support units in implementing regulations on no-smoking places in accordance with the Fund's functions and tasks;

b) To act as the standing agency of the Award Council of the Ministry of Health; to guide the implementation of the award consideration; to develop regulations on spending for Awards and submit them to competent authorities for promulgation; to coordinate with relevant agencies and organizations in organizing the conferment of the Awards;

c) To organize information, communication, promotion, advertisement, and introduction of the Awards.

d) To research and support the initiative to place signboards in places that meet the criteria of a tobacco-free environment.

Article 24. Responsibilities of provincial-level Departments of Health

1. To advise the People's Committees of the provinces and centrally-run cities to organize the implementation of this Circular in their localities.

2. To guide and organize the implementation, inspection, examination and handling of violations in the implementation of this Circular for units under their management.

3. To organize the consideration and conferment of the Awards at the Councils of the provincial-level Departments of Health.

4. To organize information, communication, promotion, advertisement, and introduction of the Awards.

Article 25. Responsibilities of heads of no-smoking places

1. To incorporate the smoking ban regulation into its own internal rules and regulations or integrate it into the unit's general rules and regulations, including regulations on emulation, commendation and handling of law violations.

 2. To assign and delegate tasks to individuals or divisions in charge of urging, inspecting and handling violations of the law according to the unit's internal rules and regulations regarding the implementation of no-smoking places.

3. To organize dissemination and ensure full understanding among the employees; remind visitors about the implementation of the smoking ban.

4. To direct the placement of signboards at places under their management and periodically inspect and replace damaged signboards. To provide containers for tobacco ends and ashes in areas where smoking is allowed and separate areas for smokers.

5. To commend, discipline, and handle violations related to the implementation of no-smoking places in accordance with the provisions of the law. To prepare records of administrative violations to sanction according to the competence (if any) as prescribed by law or to propose competent agencies to sanction administrative violations.

6. To encourage the installation of cameras to detect violations, and to apply internal sanctions for violations caused by smoking in accordance with the law.

7. To encourage the complete smoking ban or to arrange separate outdoor areas away from crowded places for public places where smoking is allowed.

Chapter V
IMPLEMENTATION PROVISIONS

Article 26. Effect

This Circular takes effect from August 1, 2023

Article 27. Reference provisions

In case where any of the documents referred to in this Circular is replaced, amended or supplemented, the newest ones shall prevail.

Article 28. Implementation responsibility

1. The Department of Medical Services Administration shall act as the focal point to monitor, inspect and urge the implementation of this Circular.

2. Chief of the Ministry Office, Chief of the Ministry Inspectorate, Directors of Departments under the Ministry of Health, Directors of Departments of Health of provinces and centrally-run cities and relevant agencies, organizations and individuals shall implement this Circular.

Any difficulties arising in the course of implementation should be promptly reported to the Ministry of Health for consideration and settlement./.

* All Appendices are not translated herein.