Decree No. 103/2010/ND-CP dated October 01, 2010 of the Government detailing a number of articles of the Law on prevention and control of infectious diseases regarding border heath quarantine

THE GOVERNMENT

Decree No. 103/2010/ND-CP of October 1, 2010, detailing a number of articles of the Law on Prevention and Control of Infectious Diseases regarding border heath quarantine

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the November 21, 2007 Law on Prevention and Control of Infectious Diseases;

At the proposal of the Minister of Health,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides health declaration, inspection and control for humans and vehicles on entry and exit and in transit, goods imported, exported or transited through Vietnam and corpses, remains, ashes, medical microorganism samples, bio-products, tissues and human body organs transported across Vietnam’s border; surveillance of infectious diseases in border gate areas; border heath quarantine units and responsibilities for border health quarantine.

Article 2. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Goods owner means the one that owns goods or is authorized to be responsible for goods on entry or exit or in transit through a border gate.

2. Vehicle owner means the one that owns, manages, rents or operates a vehicle or is authorized to be responsible for a vehicle on entry or exit or in transit through a border gate.

3. Health control certificate means a written certification of application of health control measures issued by a border health quarantine unit, including international certificate of vaccination or prophylaxis; certificate of health inspection and control for conveyances and cargo; ship sanitation control exemption certificate or ship sanitation control certificate; heath quarantine certificate of corpse, remains and ashes; and heath quarantine certificate of medical microorganism samples, bio-products, tissues and human body organs.

4. Goods means tangible products likely to carry agents of diseases or vectors, which are imported, exported or transited through border gates, including also mails, postal parcels, luggage and consumer goods on vehicles.

5. Luggage means articles essential for personal use or travel purposes of a person on entry or exit or in transit, including hand luggage and luggage sent before or after departure.

6. Border gate area means a place through which passengers, vehicles and goods enter, leave or transit Vietnam or are imported, exported or transited; a place through which corpses, remains, ashes, medical microorganism samples, bio-products, tissues and human body organs are transported across Vietnam’s border; and concurrently a place in which services for passengers and vehicle and goods owners are provided under competent state agencies’ regulations.

7. Heath quarantine officer means a person conducting border health quarantine.

Chapter II

BORDER HEALTH QUARANTINE

Section 1. HEATH QUARANTINE OF HUMANS

Article 3. Health declaration applicable to humans

Persons on entry or exit or in transit shall make health declarations under the Minister of Health’s regulations.

Article 4. Health inspection of humans

1. To examine health declarations of persons on entry or exit or in transit under Article 3 of this Decree.

2. To conduct physical inspection of persons on entry or exit or in transit who depart from or go through an epidemic zone or are suspected of suffering an infectious disease or carrying agents of an infectious disease:

a/ Observation of habitus;

b/ Examination of body temperature;

c/ Clinical examination of those suspected of suffering or carrying agents of an infectious disease;

d/ Sampling for testing when suspecting existence of agents of an infectious disease.

3. Physical inspection of a person must be completed within 2 working hours after examination of that person’s health declarations is completed.

An inspected person subject to health control shall be handled under Article 5 of this Decree. For an inspected person who is not subject to health control or for whom the time limit for physical inspection expires, the border heath quarantine unit shall notify such to the border gate agency for clearance of entry, exit or transit procedures for that person.

Article 5. Health control of humans

1. A person carrying or with signs of carrying pathogens of a class-A infectious disease is subject to the following health control measures:

a/ Medical isolation;

b/ Use of vaccines and medical biologicals, sterilization and application of prophylactic measures;

c/ Medical examination and treatment.

2. A border health quarantine unit shall vaccinate or apply prophylactic measures to a person defined in Clause 2, Article 4 of this Decree who fails to produce an international certificate of vaccination or prophylaxis made according to Form No. 1, Appendix I to this Decree (not printed herein).

3. Health control measures specified at Points b and c, Clause 1, and Clause 2 of this Article must be completed within 1 hour for each person after such person is detected.

4. After conducting health control, a border health quarantine unit shall issue an international certificate of vaccination or prophylaxis according to the form provided in Clause 2 of this Article.

5. A border health quarantine unit shall make and send to units under the Ministry of Health’s regulations a list of persons in contact with the persons defined in Clause 1 of this Article and request those persons to go to health establishments of their places of residence for guidance on taking prophylactic and health monitoring measures.

Section 2. HEALTH QUARANTINE OF VEHICLES

Article 6. Health declaration for vehicles

1. Vehicle owners shall make health declarations of vehicles upon their entry, exit or transit.

2. For airplanes:

a/ To make health declarations according to Form No. 2, Appendix I to this Decree (not printed herein) when airplanes stop at parking positions;

b/ When a passenger or crew member on board shows symptoms or signs of an infectious disease specified in Form No. 2 mentioned in this Clause, the captain or chief airhostess shall communicate by radio with the border health quarantine unit at the border gate before landing.

3. For ships:

a/ To make health declarations according to Form No. 3, Appendix I to this Circular (not printed herein) at least 2 hours before a ship arrives at the pilot boarding area;

b/ When a passenger or crew member on board shows symptoms or signs of an infectious disease specified in Form No. 3 mentioned in this Clause, the captain or an authorized officer on board shall communicate by radio with the border health quarantine unit at the border gate before the ship arrives at the port and make a border health quarantine signal under Article 9 of this Decree.

4. For road and railroad vehicles:

When a vehicle departs from or goes through an  epidemic zone or carries a person or goods with signs of carrying pathogens of an infectious disease, the vehicle owner shall make health declarations according to Form No. 4, Appendix  I to this Decree (not printed herein) when the vehicle enters a border gate.

Article 7. Health inspection of vehicles

1. Examination of written declarations:

a/ For airplanes, to examine written health declarations specified at Point a and the information specified at Point b, Clause 2, Article 6 of this Decree;

b/ For ships, to examine written health declarations specified at Point a and the information specified at Point b, Clause 3, Article 6 of this Decree;

c/ For road and railroad vehicles, to examine written health declarations specified in Clause 4, Article 6 of this Decree.

2. Physical inspection:

a/ The following vehicles are subject to physical inspection:

- Those departing from or going through epidemic zones or suspected of carrying agents of infectious diseases.

- Those carrying passengers and goods that depart from or go through epidemic zones or are suspected of suffering or carrying agents of infectious diseases.

b/ Order of physical inspection:

- To assess general sanitation status, vectors or agents of infectious diseases on vehicles.

- To take samples for testing when suspecting existence of agents of infectious diseases on vehicles.

3. Physical inspection of a vehicle must be completed within 1 working hour after examination of health declarations of such vehicle is completed.

An inspected vehicle subject to health control shall be handled under Article 8 of this Decree. For an inspected vehicle which is not subject to health control or for which the time limit for physical inspection expires, a border health quarantine unit shall grant a certificate of health inspection and control for conveyances and cargo according to Form No. 5, Appendix  I to this Decree (not printed herein) or a ship sanitation control exemption certificate according to Form No. 6, Appendix I to this Decree (not printed herein) and notify such to the border gate agency for clearance of entry, exit or transit procedures for that vehicle.

Article 8. Health control of vehicles

1. Vehicles are subject to health control prior to their entry, exit or transit:

a/ Vehicles departing from or going through zones of class-A infectious diseases, which have not been under health control;

b/ Vehicles or persons and goods on vehicles carrying or with signs of carrying pathogens of class-A infectious diseases;

c/ Ships without a ship sanitation control exemption certificate or ship sanitation control certificate.

2. Health control measures:

a/ For vehicles:

- Extermination of agents of diseases and vectors.

- Removal and disposal of solid waste and waste matters of humans or animals; treatment of daily-life wastewater and ballast water.

b/ Health control of persons on vehicles complies with Article 5 of this Decree;

c/ Health control of goods on vehicles complies with Article 14 of this Decree.

3. After conducting health control, a border health quarantine unit shall make certification and issue:

a/ A certificate of health inspection and control for conveyances and cargo according to Form No. 5 mentioned in Clause 3, Article 7 of this Decree;

b/ A ship sanitation control certificate according to Form No. 6 mentioned in Clause 3, Article 7 of this Decree.

4. Health control measures specified at Point a, Clause 2 of this Article must be completed within 1 working hour for a road vehicle, a railroad car or an airplane and within 6 working hours for a train or ship after detecting such vehicle is subject to health control. Ten minutes before the time limit for health control terminates, if such health control is not completed, a border health quarantine unit shall issue to the vehicle owner a notice of extension of health control time clearly stating the reason. Such extension must not exceed 1 hour, for a road vehicle, a railroad car or an airplane, and 6 hours, for a train or ship, after issuing the notice.

Article 9. Border health quarantine signals for ships on entry

1. In the daytime, ships shall make signals with flags:

a/ Q-letter flag, signaling request for health quarantine for entry;

b/ QQ-letter flag, signaling suspected class-A infectious diseases;

c/ QL-letter flag, signaling class-A infectious diseases.

2. At night, ships shall make signals with red and white lights hung 2 meters vertically in between along the foremast:

a/ One red light, signaling request for health quarantine for entry;

b/ Two red lights, signaling suspected class-A infectious diseases;

c/ One red light and one white light, signaling class-A infectious diseases.

3. A ship that is waiting for or under health quarantine may not embark or disembark any persons and goods on board, except ships in distress.

Article 10. Health quarantine of airplanes and ships in domestic transit

1. Airplanes and ships which have cleared health quarantine procedures upon entry at the first port are not required to clear health quarantine procedures when transiting to another port.

2. Based on port transit dossiers, border health quarantine units at ports shall conduct surveillance under Clause 2, Article 18 of this Decree.

Article 11. Health quarantine of vehicles in transit

1. Vehicles in transit without disembarking any persons and goods on board are not subject to health quarantine.

2. Border health quarantine units shall keep vehicles under surveillance under Clause 2, Article 18 of this Decree.

Section 3. HEALTH QUARANTINE OF GOODS

Article 12. Health declaration for goods

Goods owners shall make health declarations according to the form mentioned in Clause 4, Article 6 of this Decree for exported, imported and transited goods, except those in transit without being unloaded from vehicles.

Article 13. Health inspection of goods

1. To examine written health declarations under Article 12 of this Decree.

2. Goods departing from or going through epidemic zones or carrying agents of infectious diseases shall be physically inspected as follows:

a/ Comparison of declarations with actual goods;

b/ Assessment of general sanitation status.

3. Sampling and testing shall be conducted for:

a/ Goods with signs of carrying agents of infectious diseases or vectors;

b/ Goods in danger of spreading epidemics according to notices of competent agencies.

4. Physical inspection of goods must be completed within 1 working hour after examination of health declarations for such goods is completed.

Inspected goods subject to health control shall be handled under Article 14 of this Decree. A border health quarantine unit shall grant a certificate of health inspection and control according to Form No. 5 mentioned in Clause 3, Article 7 of this Decree to inspected goods which are not subject to health control or for which the time limit for physical inspection already expires and notify such to the border gate agency for clearance of import, export or transit procedures for those goods.

Article 14. Health control of goods

1. Goods carrying or with signs of carrying pathogens of class-A infectious diseases shall be put under health control as follows:

a/ Extermination of agents or vectors of diseases;

b/ Forced destruction or re-export of goods of which agents or vectors cannot be exterminated. Expenses for destruction or re-export shall be paid by goods owners. For destruction of goods with unidentified owners, border health quarantine units shall report such to provincial-level People’s Committees for allocation of funds for the destruction. When expenses for destruction exceed local budget limits, provincial-level People’s Committees shall report such to the Ministry of Finance for proposing the Prime Minister to provide central budget supports.

2. Health control certificates according to Form No. 5 mentioned in Clause 3, Article 7 of this Decree shall be issued after goods have agents or vectors of diseases exterminated.

3. Health control measures specified at Point a, Clause 1 of this Article must be completed within 4 working hours after detecting goods concerned. Ten minutes before the time limit for health control expires, if such health control is not completed, a border health quarantine unit shall issue to the goods owner a notice of extension of health control time clearly stating the reason. Such extension must not exceed 4 hours after issuing the notice.

Section 4. HEALTH QUARANTINE OF CORPSES, REMAINS, ASHES, MEDICAL MICROORGANISM SAMPLES, BIO-PRODUCTS, TISSUES AND HUMAN BODY ORGANS

Article 15. Health quarantine of corpses, remains and ashes

1. Transportation of persons dying of class-A infectious diseases is prohibited.

2. When transporting corpses, remains and ashes across the border, responsible persons shall make health declarations according to Form No. 7, Appendix I to this Decree (not printed herein) and produce health control certificates granted by health institutions of places of departure.

3. Border health quarantine units shall take the following health quarantine measures:

a/ To examine and compare the papers specified in Clause 2 of this Article with the actual state of preservation of corpses, remains and ashes under the law on burial sanitation;

b/ To conduct health control under the law on burial sanitation for corpses, remains and ashes without health control certificates or when detecting that the preservation and transportation fail to meet sanitation requirements under the law on burial sanitation.

4. To grant health quarantine certificates according to Form No. 8, Appendix I to this Decree (not printed herein) for corpses, remains and ashes which meet requirements under the law on burial sanitation.

5. Heath inspection and control of a corpse, remains or ash must be completed within 1 hour after a border health quarantine unit receives a complete dossier.

Article 16. Health quarantine of medical microorganism samples, bio-products, tissues and human body organs

1. Transportation of medical microorganism samples, bio-products, tissues and human body organs across the border is subject to written approval of the Minister of Health.

2. Those transporting medical microorganism samples, bio-products, tissues and human body organs shall make health declarations according to Form No. 9, Appendix I to this Decree (not printed herein) and produce the Minister of Health’s written approval.

3. Border health quarantine units shall take the following health quarantine measures:

a/ To examine and compare the papers specified in Clause 2 of this Article with the actual state of preservation of medical microorganism samples, bio-products, tissues and human body organs under the Minister of Health’s regulations;

b/ To conduct health control under the Minister of Health’s regulations for medical microorganism samples, bio-products, tissues and human body organs which fail to meet the Minister of Health’s requirements.

4. To grant health quarantine certificates according to Form No. 10, Appendix I to this Decree (not printed herein) for medical microorganism samples, bio-products, tissues and human body organs which meet the Minister of Health’s requirements.

5. Health inspection and control of a microorganism sample, bio-product, tissue or human body organ must be completed within 1 hour after a border health quarantine unit receives a complete dossier.

Chapter III

SURVEILLANCE OF INFECTIOUS DISEASES IN BORDER GATE AREAS

Article 17. Surveillance of infectious diseases in border gate areas

Surveillance of infectious diseases in border gate areas complies with Section 3, Chapter II of the Law on Prevention and Control of Infectious Diseases.

Article 18. Surveillance of sanitation conditions for prevention and control of infectious diseases in border gate areas

1. To oversee producers, processors and suppliers of food and catering service providers in border gate areas in satisfying sanitation conditions for prevention and control of infectious diseases and food safety assurance conditions.

2. To oversee the removal of waste at risk of spreading diseases from vehicles, unsafe food and other contaminated substances in border gate areas.

Chapter IV

BORDER HEALTH QUARANTINE UNITS AND IMPLEMENTATION RESPONSIBILITIES

Article 19. Border health quarantine units

1. Border health quarantine units shall be established under decisions of chairpersons of provincial-level People’s Committees.

2. The Minister of Health shall guide the functions, tasks, powers and organizational structure of border health quarantine units.

Article 20. Responsibilities of ministries and People’s Committees of provinces and centrally run cities with border gates

1. The Minister of Health shall:

a/ Direct and organize the provision and exchange of domestic and international information on infectious diseases under law;

b/ Provide health declaration under Article 3; specify clinical examination methods and sampling for testing for each infectious disease specified at Points c and d, Clause 2, Article 4; guide medical isolation specified at Point a and prophylactic measures specified at Point b, Clause 1, Article 5, for humans; health control measures for vehicles specified at Point a, Clause 2, Article 8; sampling and testing for goods specified in Clause 3, Article 13; and measures to exterminate agents and vectors of diseases, for goods specified at Point a, Clause 1 of Article 14; guide the functions, tasks, powers and organizational structure of border health quarantine units under Clause 2, Article 19.

2. The Ministers of Foreign Affairs; National Defense; Public Security; Finance; Transport; and Agriculture and Rural Development and concerned agencies shall direct their attached units within the ambit of their tasks and powers to coordinate with border health quarantine units in implementing relevant health quarantine contents at the request of the Minister of Health.

3. Chairpersons of People’s Committees of provinces and centrally run cities with border gates shall:

a/ Direct concerned units in their localities to coordinate with border health quarantine units in conducting health quarantine under this Decree;

b/ Assure operation conditions for border health quarantine units.

Article 21. Responsibilities of specialized agencies at border gates

1. Specialized agencies at border gates shall, within the ambit of their functions and tasks, implement relevant health quarantine contents at the request of border health quarantine units.

2. Heads of border gate management units or heads of units assigned to manage material foundations of border gates, stationmasters and port directors shall arrange working places, examination rooms, temporary isolation rooms and isolation areas at border gates for border health quarantine units.

3. Customs and animal and plant quarantine agencies shall implement relevant health quarantine contents at the request of border health quarantine units upon physical inspection of animals, plants and foods departing from or going through epidemic zones or suspected of carrying or carrying agents of infectious diseases.

4. Border guard, port and customs agencies may clear entry, exit and transit procedures for humans and vehicles; import, export and transit procedures for goods; and cross-border transportation procedures for corpses, remains, ashes, medical microorganism samples, bio-products, tissues and human body organs only after border health quarantine units complete health quarantine under this Decree.

Article 22. Responsibilities of health quarantine officers

A health quarantine officer on duty has the following rights and responsibilities:

1. To conduct health quarantine under this Decree.

2. To wear uniform, badge, signboard and health quarantine officer card provided in Appendix II to this Decree (not printed herein).

3. To enter places accommodating those subject to health quarantine at border gates, except restricted areas for security and defense in which health quarantine officers are obliged to observe regulations of managing agencies.

4. To sign certification forms with seals in English under law.

Article 23. Responsibilities of persons on entry and exit and in transit and owners of vehicles and goods

1. To make full declarations and take responsibility for their health declarations under this Decree.

2. To abide by health inspection and control of border health quarantine units under this Decree.

3. To pay border health quarantine charges under the Minister of Finance’s regulations.

Chapter V

IMPLEMENTATION PROVISIONS

Article 24. Effect

1. This Decree takes effect on December 1, 2010.

2. To cancel the Government’s Decree No. 41/1998/ND-CP of June 11, 1998, promulgating the Socialist Republic of Vietnam’s Regulation on border health quarantine.

3. To annul health quarantine declaration form provided in Appendix VIII to the Government’s Decree No. 71/2006/ND-CP of July 25, 2006, on management of seaports and navigable channels.

Article 25. Implementation responsibilities

1. The Ministry of Health shall assume the prime responsibility for, and coordinate with concerned ministries and branches in, elaborating and promulgating guiding documents, and examine the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of People’s Committees of provinces and centrally run cities with border gates shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN TAN DUNG