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Wuhan, Wuhan Municipal People's Government On The Amendment Of The Decision Of The Provisional Regulations On Smoking Ban In Public Places

Original Language Title: 武汉市人民政府关于修改《武汉市公共场所禁止吸烟暂行规定》的决定

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(Summit No. 34th ordinary meeting of the Government of the city of Vuhan on 24 October 2005 to consider the adoption of Decree No. 166 of 9 November 2005 No. 166 of the Order of the People's Republic of Vilhan on 1 January 2006)

The Government of the city has decided to amend the provisional provisions on the prohibition of smoking in public places in the city of Vavhan as follows:
The following names are included in the harmonized text:
(i) The words “the respective territories” were amended to read “the current administrative region”.
(ii) “Health Authority”, “The health sector” has been amended to “the health administration”.
Delete the following articles and languages:
(i) “Provisional”.
(ii) In the text, it is indicated that the administrative area is classified as “the district”.
(iii) Articles 7, 11.
Amendments to the following:
(i) Article 2 amends to: (i) smoking is prohibited in the following public places within the city's administration: (i) theatre, Google, KaraOK, Internet access to the workplace; (ii) indoor sports occupies (grounds) and competition offices; (iii) access to libraries, archives stores, museums, exhibitions, memorials, science and technology halls; (iv) school rooms, laboratory rooms, etc.; and (v) in-housespatients; and (vi) in-patient facilities; and (vi) in-patient facilities; “The public places prohibiting smoking under subparagraph (i) of the former paragraph and the waiting rooms in subparagraph (vi) may set smoking units with visible signs and ventilation equipment (zones).” “The organs, groups, enterprises, business units may determine, in accordance with the circumstances, the prohibition of smoking sites within units other than those provided for in paragraph 1 of this article, and shall be supervised.”
(ii) Article 4, subparagraph (iv), was amended to read: “No mark, goods and smoking devices in public places prohibiting smoking”.
(iii) Article 4, subparagraph (v), reads as follows:
(iv) Article 5 amends as follows: “Citizens have the right to demand cessation of smoking in public places prohibiting smoking and have the right to require units in public places where smoking is prohibited to implement the provisions of article 5, subparagraphs (iii), (iv), and to take appropriate measures to treat smokers in accordance with this provision.” “Citizens, legal persons and other organizations have the right to report or complain to the health administration in violation of this provision.” “The health administration should strengthen monitoring inspections against smoking public places and make public the receipt of reports, complaints telephones, and the processing of complaints should be promptly investigated.”
(v) Article 6 amends to read: “The unit that prohibits smoking in public places does not carry out the provisions of article 5, subparagraphs (c), (iv) of this provision and is warned by the health administration and is responsible for the change of the duration period; the penalty of up to $50 million may be imposed by the end of the year and the district patriotic health campaign committee, and recommends that the municipal or district health movement committees remove their eligibility to participate in the assessment of advanced units in health”.
(vi) Article 8 amends to read: “The staff of units who refuse, impede the health administration and prohibit the smoking of smoking are carrying out this provision, which constitutes a violation of the management of the security sector, which is dealt with by the public security authorities in accordance with the relevant provisions of the sanctions imposed on the administration of the security sector;
(vii) Article 9 amends to read: “The parties may apply to administrative review or administrative proceedings in accordance with the law without the specific administrative conduct of the health administration”.
(viii) Article 13 is amended to read: “The present provision has been made effective 1 January 2006”.
(ix) To amend other individual languages in the text accordingly.
Add the following:
(i) Add a new article after article 1: “The prohibition of smoking in public places in this city shall be guided by the principles of quantification, unit responsibility, strengthening guidance and strict management”; and “The city encourage units to create smoke-free units”.
(ii) Add a new article after Article 7: “Smoking in public places where smoking is prohibited by the unit shall be discouraged from smoking or shall be responsible for leaving it”.
The provisional provisions on the prohibition of smoking in public places in the city of Vavhan were revised in accordance with this decision and were re-published after the changes in articles, paragraphs and orders.

Annex: The prohibition of smoking in public places in Vilhan (Amendment 2005)
(Act No. 77 of the Decree No. 77 of 10 January 1995, amendment No. 97 of the Order of the People's Government of Vavhan, 26 February 1998 and No. 166 of 9 November 2005)
Article 1 protects the health of citizens and protects the environment in order to control smoking hazards.
The prohibition of smoking in public places in this city should be guided by the principle of “limited places, units responsible, enhanced guidance, strict management”.
The city encourages units to create smoke-free units.
Article 3 prohibits smoking in the following public places within this city's administration:
(i) Indoor cultural recreation sites such as theatre, Google, KaraOK, Internet access sites;
(ii) Visitors and competition offices indoor sports premises;
(iii) Library, Archives, museums, philanthropies, exhibitions, memorials, scientific and technical exhibitions;
(iv) In-school classrooms, laboratories, etc., and in childcare facilities;
(v) Resistance areas for medical institutions, treatment zones and illnesses;
(vi) Fire vehicles, buses, long-range cars, rental cars, ferry boats, urban orbital traffic instruments, tourist boats, aircraft and their waiting rooms, sale of tickets;
(vii) Business sites, book shops, postal offices and financial, securities agencies' external business locations;
(viii) Conference rooms, restaurants and various organs.
Public places prohibiting smoking under subparagraph (i) and waiting rooms in subparagraph (vi) of subparagraph (vi) of the former paragraph may set smoking units with visible marking and ventilation equipment (zone).
The authorities, groups, forces, enterprises, business units may determine, on the basis of actual circumstances, the prohibition of smoking sites within units other than those provided for in paragraph 1 of this article, and supervise the management.
Article IV is the administrative authority to prohibit smoking in public places within the present administration.
Agencies, groups, forces, businesses, business units should be responsible for the specific implementation of the provisions in this unit's public premises prohibiting smoking.
Sectors such as education, culture, environmental protection, as well as public information units, should assist the health administration in actively promoting awareness about harmful health and discourage smoking in public places.
Article 5
(i) Develop systems that prohibit smoking in public places and treat smoking in violation of the provisions;
(ii) Awareness-raising campaigns prohibiting smoking in public places;
(iii) Awakening ban on smoking in public places prohibiting smoking;
(iv) No mark, goods and smoking devices in public places prohibiting smoking;
(v) The day-to-day supervision of public places prohibiting smoking.
Article 6 citizens have the right to demand cessation of smoking in public places prohibiting smoking and to require units that prohibit smoking in public places to implement the provisions of Article 5, subparagraphs (c), (iv), and to take appropriate measures to treat smoking persons in accordance with this provision.
Citizens, legal persons and other organizations have the right to report or complain to the health administration in violation of this provision.
The health administration should strengthen its monitoring of the prohibition of smoking in public places and make public the receipt of reports, complaints telephones, and the processing of complaints should be promptly investigated.
Article 7 prohibits smoking units in public places from implementing the provisions of article 5, subparagraph (c), (iv), which are warned by the health administration and are responsible for the change of the duration period; which is not later than 500 ktonnes, and recommends that the municipal or district health movements committees revoke their eligibility to participate in the health-prevalence units over the years and years.
Article 8 prohibits smoking in public places where smoking is prohibited by units, which should persuade them to stop smoking or to leave the place.
Article 9. Staff of units that refuse, impede the health administration and prohibit smoking in public places constitute a violation of the security administration, which is dealt with by public security authorities in accordance with the relevant provisions of the sanctions imposed on the management of the security sector; and constitute a crime to bring the judiciary to criminal responsibility under the law.
Article 10. The parties may apply to the executive branch for administrative review or administrative proceedings in accordance with the law.
Article 11. Staff members of the health administration should strictly implement this provision; act in favour of private fraud, bribes, negligence, administrative disposition by their units or superior authorities; constitute a crime and bring criminal responsibility to the judiciary.
The specific application of this provision is explained by the municipal health administration.
Article 13