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Regulation on Banning Smoking in Public Places in Beijing

(Passed at the 23rd meeting of the Standing Committee of
the Tenth Beijing People's Congress on December 21, 1995)

Article 1 In order to protect people's health, advocate public ethics, and reduce the harms caused by smoking, the current Regulation is formulated in accordance with related State laws and regulations, and the actual situation in Beijing.

Article 2 The efforts to ban smoking in public places in Beijing shall follow the principles of "specified places, work unit held responsible, strengthen guidance, and strict administration".

Article 3 Public places where smoking is banned in the jurisdiction of Beijing:

1) Waiting areas, diagnosis and treatment areas, and in-patient room areas of medical entities;

2) Childcare centers and kindergartens;

3) Secondary and primary schools;

4) Lecture places in various types of schools besides the above;

5) Meeting rooms;

6) Cinemas and theaters, concert halls, video halls (rooms), stadiums, exhibition halls, museums, fine art museums, libraries (library rooms), science halls, archives, and children's palaces;

7) Service halls of commercial, banking, postal and telecommunication sectors;

8) Inside means of public transport and their waiting rooms and ticketing halls; and

9) Other public places banning smoking as determined by the municipal people's government.

The public places banning smoking described in 3) and 6) and the waiting rooms as described in 8) etc. can set up smoking rooms (areas) with obvious signage.

Places that ban smoking as stipulated by other laws or regulations should follow those stipulations.

Article 4 Government units, associations, enterprises, and public institutions can, in view of their respective situations, determine places that ban smoking inside their work units besides those stipulated by Article 3, and properly manage them.

Encourage creation of smoke-free work units.

Article 5 The whole society should support the ban on smoking in public places.

Departments such as education, culture, health, news media and propaganda should publicize and educate about smoking being harmful to health and smoking being banned in public places.

Article 6 The municipal and district/county level Patriotic Health Campaign Committee shall lead the work to ban smoking in public places in their respective administrative jurisdictions. The offices of municipal and district/county level Patriotic Health Campaign Committee shall be responsible for the supervision and administration of banning smoking in public places in their respective administrative jurisdictions.

Article 7 Work units with public places and the public places that ban smoking should perform the following responsibilities:

1) Establish and perfect administration and responsibility system for the public places banning smoking;

2) Post obvious and unified signage on banning smoking in public places ban smoking, and not place ashtrays

3) Do well in publicity and education on smoking being banned in public places; and

4) Be responsible for the routine administration of public places banning smoking. Inspectors should be appointed by work units with public places that ban smoking.

Article 8 Citizens have the right to demand smokers stop smoking in public places that ban smoking.

Citizens have the right to demand the work units with public places that ban smoking fulfill their responsibilities as stipulated in this Regulation, and have the right to report behaviors that violate this Regulation to the office of the municipal and district/county Patriotic Health Campaign Committee.

Article 9 Inspectors should stop smoking behaviors in public places that ban smoking as administered by their work units; and issue a fine of ten yuan to those who do not comply as dissuaded.

When inspectors do the inspection, they must exhibit uniform identification information; and when they issue fines, fine receipts that are printed uniformly must be provided.

Article 10 In case the work units with public places that ban smoking violate Article 7, the office of the municipal and district/county Patriotic Health Campaign Committee shall give warning and demand rectification within a deadline; and if the work units fail to rectify within the deadline, they shall be fined anywhere from 1,000 yuan to 5,000 yuan.

Article 11 The municipal and district/county Patriotic Health Campaign Committee should honor and reward the work units and staff with extraordinary performance in banning smoking in public places.

Article 12 In case work units and individuals refuse or hinder supervision and inspection personnel from performing their duties according to law and violate security administration, they shall be punished according to the Security Administration Law of the People's Republic of China.

Article 13 Supervision and inspection personnel should uphold justice and demonstrate civilized conduct in law enforcement. In case they fail to carefully carry out their duties, they should be criticized, educated, or given administrative penalty by their work units or the higher level authorities.

Article 14 Questions arising from actual implementation of the Regulation shall be subject to the interpretation of the municipal people's government.

Article 15 The Regulation shall be effective on May 15, 1996.


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