Nghị định 89/2018/NĐ-CP quy định chi tiết thi hành một số điều của Luật phòng, chống bệnh truyền nhiễm về kiểm dịch y tế biên giới

THE GOVERNMENT

Decree No.89/2018/ND-CP dated June 25, 2018 of the Government guiding the implementation of the law on infectious disease prevention and control regarding border health quarantine

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on infectious disease, prevention and control dated November 21, 2007;

At the request of the Minister of Health;

The Government promulgates a Decree providing guidelines for implementation of the Law on infectious disease prevention and control regarding the border health quarantine.

Chapter I

GENERAL PROVISIONS

Article 1. Scopeof adjustment

This Decree deals with the collection of information, health declaration, health inspection and control for people and objects, including conveyances entering, leaving and transiting Vietnam, cargo imported, exported or in transit in Vietnam, corpses, bones (including body ash), microorganism sample, biological products, tissues and human body organs being transported across the border between Vietnam and other countries; border control measures for preventing the spread of infectious diseases; border health quarantine units and responsibility for border health quarantine.

Article 2. Interpretation of terms

For the purposes of this Decree, the terms below are construed as follows:

1. “cargo subject to health quarantine” refers to tangible products likely to carry pathogens or disease vectors, and imported, exported or in transit across border checkpoints, including mailers, postal packages, and consumables on board a conveyance.

2. “health quarantine officers” refers to persons who work at border health quarantine units and are assigned to take charge of health quarantine tasks, including officials, public employees and health officers.

3. “microorganism samples” refers to samples of blood, serum, plasma, urine, fecal, other body fluids and other human materials containing infectious matters and microorganism species that may cause human diseases.

4. “health quarantine declarant” refers to the owner of cargoes, conveyances, corpses, bones, body ash, microorganism samples, biological products, tissues or human body organs being transported across the border between Vietnam and other countries, the conveyance operator, the agent in charge of health quarantine procedures, or another person who is authorized by the owner of cargoes, conveyances, corpses, bones, body ash, microorganism samples, biological products, tissues or human body organs, or by the conveyance owner, to complete health quarantine procedures.

Chapter II

HUMAN QUARANTINE

Article 3. Entities subject to compulsory declaration of health

Any persons enter, leave or transit through Vietnam are required to complete declaration of health forms as prescribed in Clause 1 and Clause 2 Article 4 herein.

Article 4. Declaration of health and terminating imposition of health declaration measure

1. The Minister of Health shall make decisions on declaration of health and termination of the application of health declaration measure.

2. Declaration of health is compulsory in the following cases:

a) There is a decision on announcement or notice of infectious diseases granted by a competent authority;

b) There is a warning of group-A infectious diseases, infectious diseases emerging or broken out, or warning of spreading of infectious diseases given by foreign and international health agencies and organizations.

3. Declaration of health may be terminated in the following cases:

a) There is a decision on announcement or notice of absolute control of infectious diseases granted by a competent authority;

b) There is a notification of termination of warning of group-A infectious diseases, infectious diseases emerging or broken out, or warning of spreading of infectious diseases given by foreign and international health agencies and organizations.

4. Border health quarantine units shall:

a) Notify the declaration of health and termination of the application of health declaration measure to regulatory authorities at border checkpoints;

b) Publish the written notifications of declaration of health and termination of the application of health declaration measure;

c) Provide instructions on the declaration of health.

Article 5. Contents of notification of declaration of health and terminating imposition of health declaration measure

1. A notification of declaration of health contains:

a) Name of infectious diseases requiring the declaration of health;

b) Entities subject to compulsory declaration of health;

c) Time of application of declaration of health.

2. A notification of termination of imposition of health declaration measure contains:

a) Name of infectious diseases requiring termination of the declaration of health;

b) Time of termination of declaration of health.

Article 6. Making declaration of health

1. Declarants:

a) Receive the declaration of health form, according to the Form No. 01 stated in the Appendix enclosed herewith, on board an aircraft or ship, or from a maritime agent, travel company or Vietnamese or foreign tour guide at the prescribed health declaration place at a border checkpoint of Vietnam or at the point of departure or get an electronic declaration of health form from a competent authority;

b) Fill in the declaration of health form when carrying out procedures for entry, exit or transit at the border checkpoint of Vietnam, or submit a complete declaration of health form which has been filled in within a period of 7 days before the date of entry, exit or transit;

c) Submit the written or electronic declaration of health form to the health quarantine officer at the border checkpoint. A declaration of health is valid for the only entry, exit or transit and kept by the border health quarantine unit for 03 months from the receipt of such complete declaration of health.

2. The declaration of health is made in two languages, Vietnamese and English, and also other languages depending on the world outbreak of infectious diseases according to the Ministry of Health s guidance.

3. Border health quarantine units shall print, manage, instruct and provide free of charge written forms of health declaration, and organize the declaration of health electronically.

Article 7. Collecting information before a person’s entry, exit or transit

1. Health quarantine officers shall collect information from:

a) National, port and checkpoint portals;

b) Port and checkpoint authorities;

c) Health agencies at port or checkpoint;

d) Carriers, conveyance owners and operators, travel companies, or tour guides;

dd) Agency in charge of implementing International Health Regulations, World Health Organization, Ministry of Health and other sources of information.

2. Information to be collected:

a) General information concerning the health status of the person is entering, exiting or transiting;

b) Information from the declaration of health submitted by the person is entering, exiting or transiting, made according to Form No. 01 stated in the Appendix enclosed herewith;

c) Information concerning the vaccination or prophylaxis for a person departing from or arriving the country/ territory where such vaccination or prophylaxis is compulsory;

d) Information concerning the conveyance carrying the person for entry, exit or transit as prescribed in Article 13 herein;

dd) Information concerning cargoes which may possibly have been exposed to a communicable disease as prescribed in Article 21 herein;

e) Other information concerning the health status of the person is entering, exiting or transiting (if any).

Article 8. Handling information before a person’s entry, exit or transit

A border health quarantine officer shall carry out the health inspection of the following persons as prescribed in Article 9 and Article 10 herein:

1. A person subject to compulsory declaration of health as prescribed in Article 3 herein.

2. A person experiencing any abnormal health symptoms or having a body temperature increased during the medical examination.

3. A person accompanying, in direct or close contact (seating on the same or front or rear row of seats of an automobile, train, aircraft, or ship) with the person who experiences abnormal health symptoms or has his/her body temperature increased during the medical examination.

Article 9. Inspection of documents of humans

1. Entities subject to the documentation inspection:

a) Persons in the cases prescribed in Clause 1 Article 8 herein;

b) Persons departing from or arriving the country/ territory where vaccination or prophylaxis is compulsory.

2. Documents to be inspected:

a) The declaration of health;

b) The international certificate of vaccination or prophylaxis (if any) as requested by the Ministry of Health or a competent health agency of the country/ territory of departure or entry.

3. Handling of inspection results:

a) In case there is no doubt that the person in the case prescribed in Point a Clause 1 of this Article suffers from or carries pathogens of a communicable disease, the health quarantine officer shall make a verification on his/her declaration of health and then complete the health quarantine procedures. In case he/she is suspected of suffering or carrying pathogens of a communicable disease, the health quarantine officer shall conduct a physical inspection as prescribed in Article 10 herein;

b) If a person in the case prescribed in Point b Clause 1 of this Article has a valid international certificate of vaccination or prophylaxis against group-A infectious diseases, the health quarantine officer shall carry out procedures for ending the health quarantine process. Conversely, if he/she fails to present such valid certificate or presents an expired one, the health quarantine officer shall implement health control measures as prescribed in Article 11 herein.

Article 10. Physical inspection of humans

1. Entities subject to the physical inspection:

Persons who are suspected of suffering from or carrying pathogens of any communicable diseases as prescribed in Clause 2, Clause 3 Article 8 and Point a Clause 3 Article 9 herein.

2. Contents of physical inspection:

Based on the actual state of the inspected person, the health quarantine officer shall perform one of the followings:

a) Interviewing and obtaining medical history;

b) Clinical examination;

c) Evaluating efficiency of imposed health control measures;

d) Taking sampling if a person is suspected of suffering a group-A infectious disease, or a disease emerging or breaking-out as announced by the Ministry of Health.

3. Handling of inspection results:

a) If the inspection results indicate that the inspected person displays signs of carrying a communicable disease or pathogens of any group-A infectious diseases, the health quarantine officer shall implement health control measures;

b) If the inspected person is not subject to the case in Point a of this Clause, the health quarantine officer shall give a verification on his/her declaration of health and then complete health quarantine process. Immigration control units at border checkpoints shall check the verification given by health quarantine officers on declaration of health forms when receiving the notification of imposition of health declaration measures from the Ministry of Health. If a person who is subject to a compulsory declaration of health as prescribed herein fails to obtain a verification by a competent health quarantine officer on the declaration of health, the immigration control units must request such person to complete the declaration of health before carrying out procedures for entry into, exit from or transit through Vietnam.

4. The physical inspection of a person must be finished within 02 hours (excluding wait for test results).

Article 11. Health control for humans

1. Entities to be ordered into health control:

a) A person that has or carries pathogens causing any group-A infectious diseases;

b) A person who departs from or arrives the country/territory where vaccination or prophylaxis against group-A infectious diseases is compulsory but fails to present a valid international certificate of vaccination or prophylaxis;

c) A person who departs from or arrives the country/ territory where vaccination or prophylaxis against group-A infectious diseases is compulsory but presents an expired international certificate of vaccination or prophylaxis;

d) A person who is in contact with a person specified in Point a of this Clause.

2. With regard to persons mentioned in Point a Clause 1 of this Article, health quarantine officer may adopt one or some of the following measures:

a) Implement preventive measures for preventing the spread of infection;

b) Order the infected person to move to the isolation area at the checkpoint. Medical isolation of a person at the checkpoint shall be performed in accordance with applicable law regulations on implementation of isolation measures, enforced isolation measures and specific anti-epidemic measures during the epidemic period;

c) Give initial medical examination and treatment;

d) Use vaccines, biological and disinfectants;

dd) Transfer the infected person to an infectious disease prevention and control facility for implementing further preventive and treatment measures as regulated.

3. With regard to persons mentioned in Point b, Point c Clause 1 of this Article, health quarantine officers may adopt one or some of the measures specified in Point a and Point d Clause 2 of this Article. Upon the completion of health control measures, health quarantine units shall grant an international certificate of vaccination or prophylaxis according to the Form No. 02 enclosed herewith. Vaccination is given to eligible persons against vaccine-preventive diseases only.

4. With regard to persons mentioned in Point d Clause 1 of this Article, a health quarantine officer makes and submits a list of these persons, which must specify their full names, telephone numbers and contact addresses, to competent authorities as regulated, and adopt one or some of the following measures:

a) Implement preventive measures;

b) Disseminate information and provide advice about infectious disease prevention and control;

c) Make plan for monitoring these persons.

5. Upon the completion of health control measures as regulated in Clause 2, Clause 3, Clause 4 of this Article, health quarantine officers shall give verification on declaration of health forms, end the quarantine process and notify competent checkpoint agencies for carrying out procedures for entry, exit or transit for persons who have undergone health control.

6. If a person who has yet to enter, exit or transit through Vietnam wishes to obtain a valid international certificate of vaccination or prophylaxis, he/she is required to submit an application made according to the Form No. 15 enclosed herewith and documents proving the previous imposition of vaccination or prophylaxis to a border health quarantine unit.

Chapter III

CONVEYANCE QUARANTINE

Article 12. Subjects of compulsory declaration of health

Operators of all conveyances are required to complete the declaration of health upon entry, exit or transit, except aircrafts and ships for which quarantine procedures have been completed at the first port of entry.

Article 13. Declaration of health for conveyances

1. For aircrafts:

a) The person in charge of performing declaration of health shall complete and submit the general air declaration, made according to the Form No. 03 stated in the Appendix enclosed herewith, and the certificate of health inspection and control for conveyances and cargoes, made according to the Form No. 09 stated in the Appendix enclosed herewith, if any, directly to a border health quarantine unit or through the Vietnam National Single Window before an aircraft is granted permission for entry, exit or transit;

b) If a passenger or aircrew member on board an aircraft displays any signs or symptoms of a communicable disease, the operator or the senior cabin crew member must immediately contact the border health quarantine unit located at the checkpoint before the aircraft takes off or lands.

2. For ships:

a) The person in charge of performing declaration of health shall complete and submit the maritime declaration of health, made according to the Form No. 05 stated in the Appendix enclosed herewith, the ship sanitation control exemption certificate/ the ship sanitation control certificate, made according to the Form No. 08 stated in the Appendix enclosed herewith, if any, the certificate of health inspection/ control for cargo (on vessel) and vessel, made according to the Form No. 10 stated in the Appendix enclosed herewith, if any, and the general declaration, made according to the Form No. 42 enclosed with the Government’s Decree No. 58/2017/ND-CP dated May 10, 2017, directly to the border health quarantine unit or through the Vietnam National Single Window at least 12 hours before the estimated date of entry, exit or transit of the ship;

b) If a passenger or seaman on board a ship displays any signs or symptoms of a communicable disease, the master or his authorized officer must immediately contact the border health quarantine unit located at the checkpoint before the ship is berthed at a port; the ship is required to display quarantine signs as regulated in Article 19 herein.

3. For road conveyances and trains:

Operators must fill in and submit the health declaration for conveyances and cargoes, made according to the Form No. 04 stated in the Appendix enclosed herewith, and the certificate of health inspection and control for conveyances and cargoes, made according to the Form No. 09 stated in the Appendix enclosed herewith, if any, before operating such conveyances through the border.

Article 14. Collection of information before conveyances are operated across the border

1. Health quarantine officers collect information from the sources of information specified in Clause 1 Article 7 herein.

2. Information to be collected:

a) Number or plate number of conveyances;

b) Route of conveyances before entry, exit or transit;

c) Information concerning the health status of the persons on board a ship, aircraft, train or road conveyance as regulated in Point a, Point b Clause 2 Article 7 herein;

d) Other necessary information.

Article 15. Handling of information concerning conveyances

1. A health quarantine officer shall carry out health inspection, as regulated in Article 16, Article 17 herein, of conveyances posing potential risks, including:

a) Conveyances passing through the country/territory where cases of infectious diseases are recorded and the control of which is made as requested by the Ministry of Health;

b) Conveyances carrying persons suffered from or likely to suffer from or carrying pathogens of a communicable disease;

c) Conveyances carrying cargoes carrying or likely to carry pathogens of a communicable disease.

2. If a conveyance poses none of the risks as specified in Clause 1 of this Article, health quarantine officers shall supervise conveyances waiting for permitted entry, exit or transit. To be specific:

a) Supervise infectious disease vectors which may be got on board conveyances;

b) Supervise infectious disease vector and other pathogens during the unloading or receipt of cargoes.

3. During the supervision, if conveyances are found to have carry infectious disease vectors or pathogens, or fail to maintain the fulfillment of sanitation requirements (including detection of waste matters, fluids or signs of any vectors; failure to collect, store and treat foods and garbage according to applicable regulations, or failure to clean and disinfect accommodation, foods, storage and restroom areas resulting in appearance of molds and fungi or bad odour), a health quarantine officer shall write proposed health inspection measures on the health declaration for conveyances.

4. In case conveyances are not classified in any of the cases specified in Clause 1, Clause 2 of this Article, a health quarantine officer shall give verification of health quarantine results and then carry out procedures for completing the quarantine process.

5. The supervision of a road conveyance or aircraft must be completed within a maximum period of 01 hour; the supervision of a train or ship must be completed within 02 hours.

Article 16. Inspection of documents concerning conveyances

1. Subjects of documentation inspection:

a) Conveyances posing potential risks as specified in Clause 1 Article 15 herein;

b) Conveyances carrying infectious disease vectors or pathogens, or failing to fulfill general sanitation requirements as prescribed in Clause 3 Article 15 herein.

2. Documents to be inspected:

a) For aircrafts: the general air declaration, and the certificate of health inspection and control for conveyances and cargoes (if any);

b) For ships: the maritime declaration of health, the ship sanitation control exemption certificate/ the ship sanitation control certificate, the general declaration (if any), and the certificate of health inspection/ control for cargo (on vessel) and vessel (if any);

c) For road conveyances and trains: the health declaration for conveyances and cargoes, and the certificate of health inspection and control for conveyances and cargoes (if any).

3. Handling of inspection results:

a) Carry out a physical inspection according to regulations in Article 17 herein if conveyances are subject to one of the following cases: conveyances departing from or passing through a country/ territory where cases of group-A infectious diseases are recorded without undergoing any health control measures; conveyances carrying passengers who are suspected of suffering from group-A infectious diseases; conveyances carrying cargoes which are suspected of carrying vectors or pathogens of group-A infectious diseases; operators of conveyances failing to present sanitation control exemption certificates or sanitation control certificates;

b) If conveyances are not subject to the cases specified in Point a Clause 3 of this Article, health quarantine officers shall give verification of health quarantine results on health declaration for conveyances and cargoes (for road conveyances and trains) and then carry out procedures for completing quarantine process.

4. Every inspection of documents must be completed within a maximum period of 20 minutes from the receipt of sufficient documents to be inspected.

Article 17. Physical inspection of conveyances

1. Subjects of physical inspection:

Conveyances prescribed in Clause 1 and Clause 3 Article 15 and Point a Clause 3 Article 16 herein.

2. Contents of physical inspection:

A health quarantine officer shall order the operator of conveyances to the isolation area and carry out the inspection according to the following contents:

a) Inspect general sanitation status on board conveyances;

b) Inspect whether infectious disease vectors are brought on board conveyances or not;

c) Evaluate efficiency of imposed health control measures;

d) Take samples for testing if any pathogens of any group-A infectious diseases are suspected of being carried on board conveyances.

3. Handling of inspection results:

a) If inspection results indicate that the inspected conveyance carries or displays signs of carrying pathogens or vectors of any group-A infectious diseases, a health quarantine officer shall make an inspection report for aircraft (according to the Form No. 06) or an inspection report for vessel (according to the Form No. 07) stated in the Appendix enclosed herewith and carry out health control measures;

b) If inspection results indicate that the inspected conveyance is not classified in the case in Point a Clause 3 of this Article, a health quarantine officer shall make an inspection report for aircraft (according to the Form No. 06) or an inspection report for vessel (according to the Form No. 07) stated in the Appendix enclosed herewith, grant the certificate of health inspection and control for conveyances and cargoes, made according to the Form No. 09 stated in the Appendix enclosed herewith, and then carry out procedures for completing the quarantine process.

4. A physical inspection of a road conveyance or an aircraft must be completed within a maximum period of 01 hour; a physical inspection of a train or a vessel must be completed within 02 hours. If a physical inspection is estimated to be longer than the prescribed time limit, at least 15 minutes before the prescribed time limit is over, a border health quarantine unit must notify the extension of such physical inspection as well as give reasons thereof to the declarant provided that such extension shall not exceed 01 hour.

Article 18. Health control for conveyances

1. Subjects of health control:

Conveyances prescribed in Point a Clause 3 Article 17 herein.

2. Health control measures:

Based on the physical inspection results, a health quarantine officer may adopt one or some of the following health control measures:

a) Kill pathogens and vectors of infectious diseases;

b) Directly take charge or cooperate with relevant authorities to carry out the collection and treatment of waste carrying pathogens or posing risks of causing any infectious diseases;

c) Carry out disinfection or decontamination.

3. Health control measures for humans on board the conveyance shall be carried out in accordance with regulations in Article 11 herein.

4. Health control measures for cargoes on the conveyance shall be carried out in accordance with regulations in Article 26 herein.

5. Upon the completion of health control measures as prescribed in Clause 2 of this Article, a health quarantine officer shall grant the certificate of health inspection and control for conveyances and cargoes, made according to the Form No. 09 stated in the Appendix enclosed herewith, or the ship sanitation control exemption certificate/ ship sanitation control certificate, made according to the Form No. 08 stated in the Appendix enclosed herewith, and then carry out procedures for completing the quarantine process.

6. Such certificate must be granted within 30 minutes from the completion of health control measures.

7. The health control for a road conveyance/train compartment/aircraft, or for the entire train/ vessel, as prescribed in Clause 2 of this Article, must be completed within 01 hour or 06 hours respectively from the time of making decision on implementation of health control measures. If methods for eliminating rats, including traps and bait, rodenticides and fumigation, are adopted on board a vessel, such health control for vessel must be completed within 24 hours. If a health control is estimated to be longer than the prescribed time limit, 15 minutes before the prescribed time limit is over, the border health quarantine unit must notify the declarant in writing of the extension of health control and also give reasons thereof. An extension of health control for a road conveyance/train compartment/aircraft, or for the entire train/ vessel, shall not exceed 01 hour or 04 hours respectively from the notification of extension.

8. If health inspection/control measures are requested to be implemented for the purpose of issuing certificate of health inspection and control for cargoes and conveyances or ship sanitation control exemption certificate/ ship sanitation control certificate, the relevant declarant must submit a complete application for health inspection/control, made according to the Form No. 15 stated in the Appendix enclosed herewith; in this case, health inspection and control shall be performed under regulations in Articles 16, 17 and Clauses 2, 3, 4, 5 of this Article.

Article 19. Regulations on quarantine signs for incoming vessels

1. A vessel is required to raise one of the following signal flags in the daytime:

a) A “Q” flag is raised to denote that the vessel is healthy or free from any infectious diseases, requesting a "free pratique". This flag sample is available in the Form No. 23 stated in the Appendix enclosed herewith;

b) Two “Q” flags are raised to denote that the vessel is suspected of any group-A infectious diseases. This flag sample is available in the Form No. 23 stated in the Appendix enclosed herewith;

c) A "Q" flag and a "L" flag are raised together to denote that there is any group-A infectious disease on board the vessel. This flag sample is available in the Form No. 23 stated in the Appendix enclosed herewith.

2. A vessel is required to display red and white lights on the foremast at night. The after light shall be at least 02 meters vertically higher than the forward one. To be specific:

a) A red light is carried to denote that the vessel waits for health quarantine for entry permission;

b) Two red lights are carried to denote that the vessel is suspected of having any group-A infectious diseases;

c) A red light and a white light are carried to denote that there is any group-A infectious disease on vessel.

3. When a vessel anchors pending health quarantine or is quarantined, embarkation/ disembarkation of crew members or passengers as well as cargo loading/unloading are all prohibited. This provision does not apply to a vessel in distress.

Chapter IV

CARGO QUARANTINE

Article 20. Cargoes subject to compulsory health declaration

Health declaration must be carried for cargoes imported, exported or in transit, except cargoes which are in transit without unloading, cargoes subject to quarantine of terrestrial animals and animal products, and those subject to quarantine of aquatic animals and animal products as regulated by the Minister of Agriculture and Rural Development.

Article 21. Health declaration for cargoes

1. For cargoes transported by land, railway and airway: The declarant shall submit a health declaration for cargoes, made according to the Form No. 04 stated in the Appendix enclosed herewith, and the certificate of health inspection and control for conveyances and cargoes, made according to the Form No. 09 stated in the Appendix enclosed herewith, if any, directly to the border health quarantine unit or through Vietnam National Single Window before cargoes are granted permission for import, export or transit.

2. For cargoes transport by waterway: The declarant shall fill in and submit a copy of the cargo declaration, made according to the Form No. 43 enclosed with the Government’s Decree No. 58/2017/ND-CP dated May 10, 2017, and the certificate of health inspection/ control for cargo (on vessel) and vessel, made according to the Form No. 10 stated in the Appendix enclosed herewith, if any, directly to the border health quarantine unit or through the Vietnam National Single Window at least 12 hours before the estimated import, export or transit of cargoes.

Article 22. Collection of information before cargoes are transported across the border

1. Health quarantine officers collect information from the sources of information specified in Clause 1 Article 7 herein.

2. Information to be collected:

a) Information concerning the places where cargoes are transported from or through;

b) Information concerning types, quantity, storage, package specifications and means of transport.

Article 23. Handling of information concerning cargoes

1. A health quarantine officer shall perform health inspection, as regulated in Article 24, Article 25 herein, of cargoes posing potential risks, including:

a) Cargoes transported through the country/ territory where cases of infectious diseases are recorded and the control of which is made as requested by the Ministry of Health;

b) Cargoes carrying or displaying symptoms of carrying pathogens or vectors of any infectious diseases;

c) Cargoes transported by any conveyances posing potential risks as specified in Clause 1 Article 15 herein;

d) Cargoes posing risks of spreading infectious diseases as announced by competent authorities.

2. If cargoes pose none of the risks as specified in Clause 1 of this Article, health quarantine officers shall supervise cargoes waiting for permitted entry, exit or transit. To be specific:

a) Check the health declaration for cargoes, except cargoes in transit without unloading from the conveyance;

b) Monitor infectious disease pathogens and vectors penetrating cargoes.

3. Imported cargoes must be supervised under regulations in Clause 2 of this Article pending the completion of import procedures before they are transported to a bonded warehouse.

4. During the supervision, if cargoes are found to carry infectious disease vectors or pathogens, or fail to maintain the fulfillment of sanitation requirements (including detection of waste matters, fluids or signs of any vectors; failure to collect, store and treat foods and garbage according to applicable regulations, or failure to clean and disinfect accommodation, foods, storage and restroom areas resulting in appearance of molds and fungi or bad odour), a health quarantine officer shall collect additional information concerning adopted health control measures, and write proposed health inspection measures on the health declaration for cargoes.

5. In case cargoes are not classified in any of the cases specified in Clause 1, Clause 4 of this Article, a health quarantine officer shall give verification of health quarantine results and then carry out procedures for completing the quarantine process.

6. The supervision of a cargo shipment must be completed within 01 hour if it is of less than 10 tons, or 03 hours if it is of 10 tons and above.

Article 24. Inspection of documents concerning cargoes

1. Subjects of documentation inspection:

a) Cargoes posing potential risks as specified in Clause 1 Article 23 herein;

b) Cargoes carrying infectious disease vectors or pathogens, or failing to fulfill general sanitation requirements as prescribed in Clause 4 Article 23 herein.

2. Documents to be inspected:

A health quarantine officer shall inspect the following documents:

a) For cargoes transported by land, railway and airway: the health declaration for conveyances and cargoes, and the certificate of health inspection and control for conveyances and cargoes (if any);

b) For cargoes transport by waterway: the copy of the cargo declaration, and the certificate of health inspection/ control for cargo (on vessel) and vessel (if any).

3. Handling of inspection results:

a) Carry out a physical inspection according to regulations in Article 25 herein if cargoes are subject to one of the following cases: Cargoes which are transported through the country/ territory where cases of group-A infectious diseases are announced, but not undergone proper health control measures; cargoes transported by any conveyances which depart from or go through the country/ territory where cases of group-A infectious diseases are announced, but are not yet undergone proper health control measures;

b) In case cargoes are not classified in the case specified in Point a of this Article, the health quarantine officer shall give verification of health quarantine results and then carry out procedures for completing the quarantine process.

4. The inspection of documents concerning a cargo shipment must be completed within a maximum period of 20 minutes.

Article 25. Physical inspection of cargoes

1. Subjects of physical inspection:

Cargoes prescribed in Clause 1 and Clause 4 Article 23 and Point a Clause 3 Article 24 herein.

2. Contents of physical inspection:

The health quarantine officer shall order the cargo owner to transport cargoes to the health inspection area and carry out the health inspection according to the following contents:

a) The conformity of declared information and the actual state of cargoes;

b) The general sanitation status:

c) Infectious disease vectors;

d) Regulations on cargo containers and information on cargo labels; transport requirements;

dd) Efficiency of imposed health control measures;

e) Taking samples for testing if cargoes are subject to the cases prescribed in Clause 1 of this Article.

3. Handling of inspection results:

a) If the inspection results indicate that the inspected cargo shipment carries or displays any signs of carrying pathogens or vectors of any group-A infectious diseases, the health quarantine officer shall implement health control measures;

b) If the inspection results indicate that the inspected cargo shipment is not subject to the case in Point a Clause 3 of this Article, the health quarantine officer shall grant the certificate of health inspection and control for conveyances and cargoes, made according to the Form No. 09 stated in the Appendix enclosed herewith, and then carry out procedures for completing the quarantine process;

4. The physical inspection of a cargo shipment must be completed within 01 hour if it is of less than 10 tons, or 03 hours if it is of 10 tons and above.

Article 26. Health control for cargoes

1. Subjects of health control:

Cargoes prescribed in Point a Clause 3 Article 25 herein.

2. Health control measures:

Based on the physical inspection results, a health quarantine officer may adopt one or some of the following health control measures:

a) Disinfect and eliminate pathogens and vectors of infectious diseases;

b) Enforce destruction or export of cargoes if it is unable to kill all infectious disease vectors or pathogens.

3. Upon the completion of health control measures as prescribed in Clause 2 of this Article, the health quarantine officer shall grant the certificate of health control for cargoes, and then complete the quarantine process.

4. The health control measures imposed on a cargo shipment must be completed within 02 hours if it is of less than 10 tons, or 06 hours if it is of 10 tons and above. If a health control is estimated to be longer than the prescribed time limit, 15 minutes before the prescribed time limit is over, the border health quarantine unit must notify the declarant of the extension of health control and also give reasons thereof. An extension shall not exceed 02 hours from the notification of such extension.

5. If health inspection/control measures are requested to be implemented for the purpose of issuing certificate of health inspection and control for cargoes and conveyances, the relevant declarant must submit a complete application for health inspection/control, made according to the Form No. 15 stated in the Appendix enclosed herewith; in this case, health inspection and control shall be performed under regulations in Articles 24, 25 and 26 herein.

Chapter V

HEALTH QUARANTINE OF CORPSES, BONES, MICROORGANISM SAMPLES, BIOLOGICAL PRODUCTS, TISSUES AND HUMAN BODY ORGANS

Section 1. HEALTH QUARANTINE OF CORPSES AND BONES

Article 27. Subjects of health quarantine declaration of corpses and bones

Health quarantine declaration must be properly carried out for corpses and bones transported through the border.

Article 28. Health declaration for corpses and bones

The declarant shall fill in and submit the health quarantine declaration of corpse, bones, body ash according to the Form No. 11 stated in the Appendix enclosed herewith, the copy of the certificate of health control for corpse, bones at the place of departure, the permit for corpse, bones to enter Vietnam in accordance with regulations of Ministry of Foreign Affairs, and the death certificate (for corpse, bones) directly to the border health quarantine unit or through the Vietnam National Single Window before completing entry, exit or transit procedures.

Article 29. Information collection

The health quarantine officer shall collect information from the health quarantine declaration of corpse, bones, made according to the Form No. 11 stated in the Appendix enclosed herewith, the copy of the certificate of health control at the place of departure (excluding body ash), the permit for corpse, bones to enter Vietnam in accordance with regulations of Ministry of Foreign Affairs, and the death certificate (excluding body ash).

Article 30. Information handling

1. The corpse or bones of a person with any group-A infectious diseases is not allowed to be transported through the border.

2. Health quarantine officers shall supervise sanitary and transport conditions for corpse, bones.

Article 31. Inspection of documents concerning corpse, bones

1. Subjects of documentation inspection:

Any corpse, bones transported through the border.

2. Documents to be inspected:

A health quarantine officer shall inspect the following documents:

a) The health quarantine declaration of corpse, bones (including body ash);

b) The certificate of health control measures implemented at the place of departure;

c) The permit for corpse, bones to enter Vietnam;

d) Documents proving death (for corpse, bones).

3. Handling of inspection results:

a) If the corpse, bones have sufficient documents as prescribed in Clause 2 of this Article, and meet all sanitary and transport conditions as regulated by the Minister of Health, the health quarantine officer shall grant the health quarantine certificate of corpse, bones according to the Form No. 12 stated in the Appendix enclosed herewith, and then complete the quarantine process;

b) If the certificate of health control for corpse, bones is not available, the corpse, bones must be undergone the health control measures as regulated in Article 33 herein;

c) The health quarantine officer shall request the declarant to supplement documents if any of the documents concerning the corpse, bones prescribed in Point b, Point c, Point d Clause 2 of this Article is not available.

4. Each inspection of documents of corpse, bones must be completed within a maximum period of 15 minutes from the submission of all documents prescribed in Clause 2 of this Article.

Article 32. Physical inspection of corpse, bones

1. Subjects of physical inspection:

Any corpse, bones transported through the border.

2. Contents of physical inspection:

A health quarantine officer shall carry out the physical inspection as follows:

a) Check the information provided in the health quarantine declaration and the actual status of corpse, bones;

b) Inspect the sanitary and transport conditions as regulated by the Minister of Health.

3. Handling of inspection results:

a) The health quarantine officer shall grant the health quarantine certificate of corpse, bones according to the Form No. 12 stated in the Appendix enclosed herewith, and then complete the quarantine process if the corpse, bones have sufficient documents as prescribed in Clause 2 Article 31 herein and meet all sanitary and transport conditions as regulated by the Minister of Health;

b) If the corpse, bones fail to meet all sanitary and transport conditions as regulated by the Minister of Health, health control measures shall be carried out according to regulations in Article 33 herein;

c) A physical inspection of corpse, bones must be completed within a maximum period of 01 hour from the submission of sufficient documents.

Article 33. Health control for corpse, bones

1. Subjects of health control:

Corpse, bones prescribed in Point b Clause 3 Article 31, Point b Clause 3 Article 32 herein.

2. Health control measures:

Based on the physical inspection results, the health quarantine officer shall:

a) Directly perform or cooperate with relevant authorities to perform health control measures in accordance with law regulations on cremation and burial;

b) Grant the health quarantine certificate of corpse, bones upon the completion of health control measures as regulated in Point a of this Clause.

3. Health control measures imposed on a corpse or set of bones of a dead person must be completed within a maximum period of 03 hours from the time when such health control is requested by the border health quarantine unit. If a health control is estimated to be longer than the prescribed time limit, 15 minutes before the prescribed time limit is over, the border health quarantine unit must notify the declarant in writing of the extension of health control and also give reasons thereof. An extension shall not exceed 01 hours from the notification of such extension.

Section 2. HEALTH QUARANTINE OF MICROORGANISM SAMPLE, BIOLOGICAL PRODUCTS, TISSUES, HUMAN BODY ORGANS

Article 34. Subjects of health quarantine declaration of microorganism sample, biological products, tissues, human body organs

The health quarantine declaration must be properly carried out for any microorganism sample, biological products, tissues, human body organs transported through the border.

Article 35. Health quarantine declaration of microorganism sample, biological products, tissues, human body organs

1. The declarant shall fill in and submit the health quarantine declaration of microorganism sample, biological products, tissues, human body organs, made according to the Form No. 13 stated in the Appendix enclosed herewith, directly to the border health quarantine unit or through the Vietnam National Single Window before completing procedures for transporting microorganism sample, biological products, tissues, human body organs through the border.

2. With regard to microorganism sample concerning human medical specimens, the declarant shall submit the permit to import such human medical specimens directly to the border health quarantine unit or through the Vietnam National Single Window before completing procedures for transporting such microorganism sample through the border.

Article 36. Information collection

The health quarantine officer shall collect information from the health quarantine declaration of microorganism sample, biological products, tissues, human body organs; the permit to import human medical specimens as regulated by the Ministry of Health.

Article 37. Information handling

1. The microorganism sample concerning human medical specimens is not allowed to be imported if the permit to import human medical specimens is not available.

2. The health quarantine officer shall supervise storage and transport conditions for microorganism sample, biological products, tissues, human body organs.

Article 38. Inspection of documents concerning microorganism sample, biological products, tissues, human body organs

1. Subjects of documentation inspection:

Any microorganism sample, biological products, tissues, human body organs transported through the border.

2. Documents to be inspected:

A health quarantine officer shall inspect the following documents:

a) The health quarantine declaration of microorganism sample, biological products, tissues, human body organs;

b) The permit to import human medical specimens.

3. Handling of inspection results:

a) If the microorganism sample, biological products, tissues, human body organs have sufficient documents as prescribed in Clause 2 of this Article, and meet all storage and transport conditions, the health quarantine officer shall grant the health quarantine certificate of microorganism sample, biological products, tissues, human body organs according to the Form No. 14 stated in the Appendix enclosed herewith, and then complete the quarantine process;

b) The health quarantine officer shall request the declarant to supplement documents about the microorganism sample concerning human medical specimens if the document prescribed in Point b Clause 2 of this Article is not available.

4. The inspection of documents concerning a shipment of microorganism sample, biological products, tissues, human body organs must be completed within a maximum period of 15 minutes from the submission of sufficient documents.

Article 39. Physical inspection of microorganism sample, biological products, tissues, human body organs

1. Subjects of physical inspection:

Any microorganism sample, biological products, tissues, human body organs transported through the border.

2. Contents of physical inspection:

A health quarantine officer shall carry out the physical inspection as follows:

a) Compare the information provided in the health quarantine declaration of microorganism sample, biological products, tissues, human body organs and actual sanitary state;

b) Compare the information provided in the health quarantine declaration of microorganism sample concerning human medical specimens and the actual sanitary, storage and transport conditions as regulated by the Ministry of Health.

3. Handling of inspection results:

a) The health quarantine officer shall grant the health quarantine certificate of microorganism sample, biological products, tissues, human body organs according to the Form No. 14 stated in the Appendix enclosed herewith, and then complete the quarantine process if the documents prescribed in Clause 2 Article 38 herein are sufficient and valid; with regard to microorganism sample concerning human medical specimens, sanitary storage and transport conditions must be ensured as regulated by the Ministry of Health.

b) If the microorganism sample, biological products, tissues, human body organs fail to meet sanitary requirements, or storage and transport requirements, the health quarantine officer shall carry out health control according to regulations in Article 40 herein.

4. The physical inspection of a shipment of microorganism sample/ biological products, or a tissue/human body organ must be completed within a maximum period of 01 hour from the submission of sufficient documents.

Article 40. Health control for microorganism sample, biological products, tissues, human body organs

1. Subjects of health control:

Microorganism sample, biological products, tissues, human body organs prescribed in Point b Clause 3 Article 39 herein.

2. Health control measures:

Based on the physical inspection results, the health quarantine officer shall:

a) Enforce the implementation of storage and transport measures as regulated in Point a Clause 3 of this Decree;

b) Grant the health quarantine certificate of microorganism sample, biological products, tissues, human body organs upon the completion of health control measures as regulated in Point a of this Clause.

3. The health control for a shipment of microorganism sample/ biological products, or a tissue/human body organ must be completed within a maximum period of 01 hour from the time when such health control is requested by the border health quarantine unit. If a health control is estimated to be longer than the prescribed time limit, 15 minutes before the prescribed time limit is over, the border health quarantine unit must notify the declarant in writing of the extension of health control and also give reasons thereof. An extension shall not exceed 01 hour from the notification of such extension.

Chapter VI

CONDITIONS FOR GUARANTEEING BORDER HEALTH QUARANTINE SERVICES

Article 41. Border health quarantine units

1. Chairperson of the People’s Committee of the province where a border checkpoint is located shall take charge of stipulating functions, duties and powers of the border health quarantine unit located in such province according to the guidance of the Ministry of Health.

2. Material facilities, equipment, chemicals and medicines used for serving quarantine activities performed at the checkpoint:

a) Location, head office, working office for providing administrative and professional/ technical services in health quarantine;

b) Rooms for providing screening and health control services;

c) Isolation area/ room for persons suspected of suffering any infectious diseases and others accompanying or in close contact with them. In case the number of persons to be isolated is beyond the capacity of the existing isolation area/ room, other areas must be arranged for temporary isolation;

d) Locations of inspection, supervision and communications devices must be conformable with the location of the border health quarantine unit in the system for supervising and inspecting subjects of border health quarantine;

dd) Isolation area for inspection and control for conveyances and cargoes;

e) Other equipment, facilities, chemicals and essential medicines.

3. Minister of Health shall provide guidance on functions, duties and power of border health quarantine units; standards of material facilities and essential equipment for providing border health quarantine services as regulated in this Article.

4. The location of a border health quarantine unit in the system for supervising and inspecting subjects of border health quarantine:

a) With regard to land border checkpoints, the location of a border health quarantine unit shall be determined in accordance with regulations in Article 14 of the Government s Decree No. 112/2014/ND-CP dated November 21, 2014;

b) With regard to waterway, airway and railway checkpoints, a border health quarantine unit must be located first in the system for supervising and inspecting subjects of border health quarantine.

Article 42. Seals, symbols, badges, cards and uniforms of health quarantine officers

1. Health quarantine seals:

a) Health quarantine seals are operational seals in English according to the Form No. 16 stated in the Appendix enclosed herewith;

b) Border health quarantine units use health quarantine seals to verify quarantine results on forms stated in the Appendix enclosed herewith;

c) The number of health quarantine seals issued in a province equals the number of border checkpoints providing health quarantine services and head offices of border health quarantine units;

d) The head of a border health quarantine unit shall take charge of carving, use and management of its seal; prepare book to keep seal samples according to the Form No. 17 stated in the Appendix enclosed herewith;

dd) A border health quarantine unit shall only use the seal carved by a seal manufacturing facility granted certificate of fulfillment of public order requirements;

e) Border health quarantine units must submit reports on carving, re-carving, revocation, cancellation or loss of their seals to the Ministry of Health;

g) When carving or re-carving a seal, the border health quarantine unit must prepare and keep the following documents: the written request sent to the seal manufacturing facility for seal carving or re-carving; the letter of introduction authoring a person of the border health quarantine unit to carry out procedures for seal carving/ re-carving; the copy of ID card or citizen’s identity card of the person being introduced; the report submitted to the Ministry of Health as regulated in Point e of this Clause.

2. Symbols, badges, cards and uniforms of health quarantine officers, and traditional flags used in the border health quarantine system.

a) Symbols, badges, cards and uniforms of health quarantine officers, and traditional flags used by border health quarantine units, officials, public employees, and other employees working under long-term labor contracts at border health quarantine units are according to Forms No. 18, 19, 20, 21, 22, 24 stated in the Appendix enclosed herewith;

b) Organizations and individuals that are not in the border health quarantine system are not allowed to use symbols, badges, cards and uniforms of health quarantine officers, and traditional flags similar to the ones of border health quarantine units as regulated in Point a Clause 2 of this Article;

c) Erasing, repairing or lending of symbols, badges, cards and uniforms of health quarantine officers, and traditional flags of border health quarantine units for serving other purposes is prohibited;

d) Border health quarantine units, officials, public employees, and other employees working under long-term labor contracts at border health quarantine units shall assume responsibility to manage and use provided symbols, badges, cards and uniforms of health quarantine officers, and traditional flags used in health quarantine. Any loss or damage thereof must be promptly reported to governing authorities;

dd) Each official, public employee, or other employee working under a long-term labor contract at border health quarantine unit shall be provided with: 02 sets of winter uniforms, 02 sets of summer uniforms, 01 belt, 01 raincoat, 02 pairs of stockings, 02 neckties and 02 sets of blouses for using during a year; an overcoat and a document bag for using during 02 years; and 01 set of badges, and 01 signboard for using during 05 years;

e) Any officials, public employees, and other employees working under long-term labor contracts at border health quarantine units are required to return signboards and health quarantine officer’s cards to their governing border health quarantine units when taking retirement, leaving job because of incapacitation, transferring to another job position, resigning, or ending labor contracts; they are not required to return their uniforms whose using term is not over but may not receive new uniforms;

g) Funding for buying, printing and making symbols, badges, cards and uniforms of health quarantine officers, and traditional flag of a border health quarantine unit shall be included in its estimate of expenditures covered by state budget approved by a competent authority according to applicable law regulations;

h) A health quarantine officer’s card shall be issued by the Director of General Department of Preventive Medicine affiliated to the Ministry of Health, and valid for 05 years;

i) A person is granted the health quarantine officer’s card only after he/she has completed a training course in border health quarantine operations organized by the General Department of Preventive Medicine affiliated to the Ministry of Health or other units authorized or assigned by the Ministry of Health, and at the request of the border health quarantine unit where he/she is working.

Article 43. Funding for border health quarantine services

1. Funding for border health quarantine services is derived from:

a) Funding from state budget;

b) Other sources of funding as regulated by law.

2. Funding provided by state budget is used for:

a) Making investment in material facilities, equipment and organization of border health quarantine activities as regulated;

b) Covering costs of disseminating information, educating activities and inspection of border health quarantine activities; training and doing researches on application of advanced techniques and methods in border health quarantine.

Chapter VII

IMPLEMENTATIONRESPONSIBILITY

Article 44. Responsibility ministries and Provincial People’s Committees of provinces where border checkpoints are located

1. The Ministry of Health shall:

a) Instruct and organize border health quarantine activities nationwide as regulated;

b) Make decisions on imposition and termination of health declaration for humans; instruct and organize the health declaration for humans nationwide;

c) Provide guidance on reporting on border health quarantine.

2. Ministry of Foreign Affairs, Ministry of National Defense, Ministry of Finance, Ministry of Transport, Ministry of Agriculture and Rural Development, and relevant agencies shall instruct their affiliates to fulfill assigned duties and powers; cooperate with border health quarantine units to perform border health quarantine tasks at the request of the Minister of Health.

3. People’s committees of provinces where border checkpoints are located shall:

a) Instruct local agencies to cooperate with border health quarantine units to fulfill border health quarantine tasks in accordance with regulations herein;

b) Facilitate border health quarantine units in their operations.

Article 45. Responsibility of competent authorities at checkpoints

1. Heads of checkpoint management boards, directors of port administrations, heads of train stations or heads of units in charge of managing material facilities at checkpoints shall arrange and ensure material facilities to serve health quarantine activities performed at checkpoints as regulated in Points a, b, c, d, dd Clause 2 Article 41 herein.

2. Customs agencies, animal quarantine units and plant quarantine units shall fulfill relevant border health quarantine tasks at the request of border health quarantine units in course of carrying out physical inspections of cargoes which are animals, plants, foods or other products suspected of carrying or proved to carry infectious disease pathogens.

3. Border guard forces, police forces, port administrations and customs agencies shall carry out procedures for entry, exit or transit of humans and conveyances, or import, export or transit of cargoes, or transport of corpses, bones, microorganism sample, biological products, tissues and human body organs across the border after verification of quarantine results given border health quarantine units according to regulations herein is available.

4. Competent authorities at checkpoints shall cooperate with border health quarantine units at such checkpoints to fulfill epidemic prevention and control tasks.

Article 46. Responsibility of border health quarantine units and health quarantine officers

1. Border health quarantine units shall:

a) Take charge of organizing and performing border health quarantine tasks as regulated herein;

b) Take charge and cooperate with relevant agencies in fulfilling infectious disease prevention and control tasks;

c) Cooperate with animal quarantine units in performing health inspection of cargoes subject to quarantine of animals and animal products;

d) Cooperate with foods safety agencies of provinces in inspecting the fulfillment of foods safety requirements;

dd) Supervise the disposal of waste and wastewater posing risks of causing infectious diseases from conveyances and other pollutants.

2. Health quarantine officers shall:

a) Fulfill border health quarantine tasks as regulated herein;

b) Wear suitable uniforms, badges, and cards as regulated in the Appendix enclosed herewith when they are on duty;

c) Enter areas where health quarantine subjects are located at checkpoints and comply with applicable law regulations on national defense and security at checkpoints;

d) Give verification of quarantine results and use health quarantine seals in accordance with regulations in Article 42 herein.

Article 47. Responsibility of persons entering, exiting or transiting, conveyance owners and cargo owners

1. Proactively provide declaration of their normal health status for border health quarantine units at the places of entry, exit or transit.

2. Provide complete declaration of health forms, and assume responsibility for declared information as regulated herein; do not provide or use forged declaration of health forms.

3. Comply with health inspection/ control measures carried out border health quarantine units in accordance with regulations herein.

4. Pay health quarantine service fees as regulated.

Chapter VIII

IMPLEMENTATION PROVISIONS

Article 48.Effect

1. This Decree takes effect on August 10, 2018.

2. The Government’s Decree No. 103/2010/ND-CP dated October 01, 2010 providing guidelines for implementation of the Law on infectious disease prevention and control regarding the border health quarantine shall be null and void from the date of entry into force of this Decree.

Article 49. Implementationresponsibilities

Ministers, heads of ministerial agencies, heads of the Governmental agencies and Chairpersons of People’s Committees of provinces where border checkpoints are located shall implement this Decree./.

For the Government

The Prime Minister

Nguyen Xuan Phuc