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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(October 24, 2005, Wuhan municipal people's Government at the 34th Executive meeting on November 9, 2005, 166th promulgated by the people's Government of Wuhan municipality as of January 1, 2006), Wuhan municipal people's Government decided on the provisional regulations on smoking ban in public places as follows: a name, uniform changes in the text of the following: (a) "district" amended to read "administrative areas".
    (B) "Board of health" and "Health Department" amended to read "administrative departments of public health."
    Second, delete the following terms and text: (a) the title of "provisional".
    (B) the administrative division of the article "counties".
    (C) seventh and 11th. Three, and modified following content: (a) second article modified for: "in this city administrative within of following public ban smoking: (a) theaters, and dance Office, and Kara OK Office, and Internet Internet service business places, indoor culture entertainment; (ii) indoor stadium (field) of audience Office and game Office; (three) library, and archives of check out room, Museum, and Gallery, and Gallery, and Memorial, and Technology Museum of Show Office; (four) School of classroom, and laboratory, indoor teaching places, Kindergarten institutions of children activities places; (five) medical institutions of waiting district, and clinic district and ward district; (six) train, and bus, and coach, and taxi, and round (du) ship, and city track transport, and tourism ship, and aircraft and waiting room, and ticket office; (seven) Mall, and Bookstore, and post office and financial, and securities institutions of foreign business places; (eight) hotel, and hotel and various organ room. "" The preceding paragraph (a) provision of non-smoking public places and (vi) waiting rooms can be provided with clearly marked and ventilated smoking room (area). "" State organs, organizations, enterprises and institutions based on the actual situation, determine the units except for the first paragraph of this article no smoking within the venue, and supervision and management.
    "(B) the fourth paragraph (d) is revised as follows:" smoking is prohibited in public places shall not be placed on tobacco advertising sign, and smoking apparatus ".
    (C) the fourth paragraph (e) is amended as: "is responsible for the day-to-day supervision and management of non-smoking public places." (D) the fifth is revised as follows: "citizens in banning smoking in public places have the right to require smokers to stop smoking, the right to request non-smoking public places fifth unit to which the implementation of the provisions of paragraph (c), (d), and smokers in accordance with the provisions of appropriate measures can be taken. "" Citizens, legal persons and other organizations for violations of the provisions of the Act, is entitled to report or complaints to the Administrative Department of public health. "" The administrative departments for public health shall strengthen the supervision and inspection of smoke-free public places and released to receive reports, complaints, reports, complaints shall promptly investigate and deal with matters of admissibility. "(Five) VI article modified for:" ban smoking public where units not implementation this provides fifth article subsection (three) items, and subsection (four) items provides of, by health administrative sector be warning, and ordered deadline corrected; late not corrected of, can sentenced 500 Yuan above 1000 Yuan following fine, and recommends city or district patriotic public health campaign Committee canceled its when and next year participate in health advanced units appraisals qualification. "(F) the eighth amendment as follows:" refuse or obstruct the public health administrative departments and staff in the implementation of the smoking ban in public places the unit provided, activities contravening public security management, by the public security organs in accordance with the relevant provisions of the public security administration punishment be constitutes a crime, the attention of the judicial organs shall investigate the criminal liability.
    "(VII) article Nineth is revised as follows:" any party dissatisfied with specific administrative act undertaken by the health Administrative Department may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law. " (H) the 13th revised to read: "these provisions shall enter into force on January 1, 2006.
    "(I) the corresponding modification of the individual words in the text.
    Four, adding the following: (a) increases after the first one: "smoking banned in public places in this city should follow the qualifying places, units, strengthen the guidance and strict management principles"; "the city encourage units to create smoke-free units". (B) the seventh increase after one: "smoking ban smoking in public places in the unit, the unit should be advised to stop smoking, or ordered to leave the premises.

    "The provisional regulations on smoking ban in public places in Wuhan City changes according to this decision, and the articles and paragraphs, after adjusting for number of items to be released.
    Report: smoking banned in public places in Wuhan City regulations (amended 2005) (January 10, 1995, Wuhan municipal people's Government promulgated, 77th, February 26, 1998, Wuhan municipal people's Government, the 97th revised, November 9, 2005, Wuhan municipal people's Government, the 166th revised again) first in order to control the hazards of smoking, protect citizens ' health, protect the environment, these provisions are formulated.
    Second, smoking banned in public places, this work should follow the "qualified establishments, units, strengthen the guidance and strict management" principle.
    The city encourage units to create smoke-free units. Third article in this city administrative within of following public ban smoking: (a) theaters, and dance Office, and Kara OK Office, and Internet Internet service business places, indoor culture entertainment; (ii) indoor stadium (field) of audience Office and game Office; (three) library, and archives of check out room, Museum, and Gallery, and Gallery, and Memorial, and Technology Museum of Show Office; (four) School of classroom, and laboratory, indoor teaching places, kindergarten institutions of children activities places; (five) medical institutions of waiting district, and
    Clinics and wards (vi) train, bus, coach, taxi, wheels (du) shipping, rail transport, cruise ships, airplanes and waiting rooms, ticket office, (VII) store, bookstore, post office, and financial and securities institutions of a foreign place; (VIII) hotel, restaurant and Conference room.
    The preceding paragraph (a) provisions prohibiting smoking in public places and (vi) waiting rooms can be provided with clearly marked and ventilated smoking room (area).
    Departments, groups, armed forces, enterprises, and institutions according to the actual situation, determine the units except for the first paragraph of this article no smoking within the venue, and supervision and management.
    Fourth municipal and District Administrative Department of public health is the administrative work of the smoking ban in public places in administrative departments.
    Agencies, groups, armed forces, enterprises, institutions should be responsible for the specific implementation of the provisions of the ban on smoking in public places.
    Education, culture, environmental protection and other sectors as well as news agencies shall assist the administrative departments of public health smoking is harmful to health information, dissuading smokers smoking in non-smoking public places.
    Fifth article ban smoking public of where units should seriously do following work: (a) developed ban in public smoking and on violation provides smokers processing of system; (ii) carried out ban in public smoking of publicity; (three) in ban smoking of public set striking of ban smoking of logo; (four) in ban smoking of public within shall not placed has tobacco advertising of logo, and items and smoking apparatus; (five) is responsible for ban smoking of public of daily supervision management work.
    Article citizens in banning smoking in public places have the right to require smokers to stop smoking, the unit to which the implementation of the right to request non-smoking public places article fifth part (c), (d), and smokers in accordance with the provisions of appropriate measures can be taken.
    Citizens, legal persons and other organizations for violations of the provisions of the Act, is entitled to report or complaints to the Administrative Department of public health.
    Health Administrative Department should strengthen supervision and inspection of smoke-free public places and released to receive reports, complaints, reports, complaints shall promptly investigate and deal with matters of admissibility.
    Unit does not perform the seventh non-smoking public places article fifth paragraph (c) and (d) provision of, be warned by the health Administrative Department, and rectification; it fails, can be fined 500 Yuan more than 1000 Yuan fine, and recommended that the municipal or district patriotic public health campaign Committee cancelled its year and the following year to attend health Advanced Unit of appraisal qualifications.
    Article eighth smoking ban smoking in public places in the unit, the unit should be advised to stop smoking, or ordered to leave the premises.
    Nineth refuses or obstructs the public health administrative departments and staff in the implementation of the smoking ban in public places the unit provided, activities contravening public security management, by the public security organs in accordance with the relevant provisions of the public security administration punishment be constitutes a crime, the attention of the judicial organs shall investigate the criminal liability.
    Article tenth of specific administrative act appealed against the Administrative Department of public health may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.
    11th health Administrative Department staff members shall strictly implement the provisions of article; favoritism, bribes, malpractice and sanctions by the unit or by the competent Department constitutes a crime, the attention of the judicial organs shall investigate the criminal liability.
    12th the specific application of these provisions by the municipal public health Administrative Department is responsible for the interpretation.
                                                                                                                  13th article of the regulations come into force on January 1, 2006.