DECREE

PROMULGATING THE SOCIALIST REPUBLIC OF VIETNAM'S BORDER MEDICAL QUARANTINE REGULATION

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;
Pursuant to the Law on the Protection of People's Health of June 30, 1989;
At the proposal of the Minister of Health,

DECREES:

Article 1.- Now to promulgate the Border Medical Quarantine Regulation of the Socialist Republic of Vietnam.

Article 2.- This Decree takes effect as from July 1, 1998 and replaces Decree No.248/TTg of May 19, 1958 of the Prime Minister promulgating the Border Quarantine Regulation.

Article 3.- The Ministry of Health and concerned ministries shall elaborate documents guiding the implementation of this Decree so as to submit them to the Government for promulgation according to their competence.

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THE GOVERNMENT  




Phan Van Khai

BORDER MEDICAL QUARANTINE REGULATION OF THE SOCIALIST REPUBLIC OF VIETNAM

(Issued together with Decree No.41/19989/ND-CP of June 11, 1998 of the Government)

With a view to preventing dangerous contagious diseases from transmitting from abroad into Vietnam to human beings and spreading on the Vietnamese territory or from Vietnam to foreign countries, this Regulation prescribes the border medical quarantine.

Chapter I

GENERAL PROVISIONS

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Article 2.- The Ministry of Health shall be the body to assist the Government in performing the function of State management over the border medical quarantine. The Border Medical Quarantine Department is the border medical quarantine agency under the Ministry of Health, which is responsible for conducting border medical quarantine activities throughout the country. The organizational system of Vietnamese border medical quarantine agencies shall be stipulated by the Prime Minister.

Article 3.- Terms and expressions used in this Regulation shall be construed as follows:

1. "The border medical quarantine agency" is the medical body which is directly responsible for the application of medical measures prescribed by the Border Medical Quarantine Regulation in the areas under its charge.

2. "The medical quarantine area" is the prescribed area where people and transport means that enter or leave the country shall have to stop for bordergate quarantine.

3. "Medical quarantiner" is a person who is assigned the direct task of applying medical measures in area under his/her charge as prescribed by the Border Medical Quarantine Regulation.

4. "Medical examination" means the application of medical measures against people, transport means and other quarantine objects before their entry, exit, import or export.

5. "To supervise the contagious diseases" means to investigate and supervise epidemics, serum, origins as well as clinical symptoms and to assess the possibility of a contagious disease spreading and developing into an epidemic.

6. "Retropective study" is the use of epidemiological method, microorganism and blood serum tests to determine a quarantine disease or a contagious disease, which has already occurred, and the causes thereof.

7. "Vectors" means medical insects and rodents (including rats of all kinds...), which carry agents causing quarantine diseases and/or contagious diseases to human beings.

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9. "Quarantine diseases" include bubonic plague, cholera, yellow fever and other dangerous contagious diseases newly arising, as prescribed by the Ministry of Health.

10. "Contagious diseases" are illnesses caused by infecting agents or their poisonous substance, which can spread to people directly or indirectly through intermediary objects, vectors or environment.

11. "Border-gate chief" is the head of the State management agency at the bordergate, which is designated to take direct charge of and coordinate activities of other State management bodies at the bordergate. Depending on each bordergate, such agency can be the customs office or the border guard.

12. "The State management bodies at bordergates" are the agencies that have the function of State management over all domains at the bordergates, including customs, border guard, animal and plant quarantine, medical quarantine... and other agencies as stipulated by the State.

Article 4.-

1. Medical quarantine objects and locations:

All people, all transport means and objects that may carry and spread diseases from regions being affected with quarantine diseases or dangerous contagious diseases, when being on exit, entry, imported or exported, must all be subject to the supervision by border medical quarantine agencies at the bordergates of exist, entry, import or export. In cases where an object of quarantine is detected being infected with or having carried vectors which transmit quarantine disease(s) or dangerous contagious disease(s) as prescribed in this Regulation shall be subject to quarantine at the quarantine area.

Before filling the procedures therefor, the medical quarantine agency shall promptly notify the animal and plant quarantine agencies at the bordergates thereof for coordination in carrying out quarantine procedures by each agency in order to avoid affecting the quarantine contents of each agency.

When a transport means is quarantined, all people on board such transport means (driver, pilot, crew members... and passengers) and objects thereon that may carry and transmit diseases must all be quarantined.

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Article 5.- The transport of human bodies or remains across the borders must be medically inspected and granted certificates by the border quarantine agency.

The order and procedures for medical inspection shall be stipulated by the Ministry of Health.

Article 6.- Such special products as medicinal bacteria, medicinal viruses, bio-medicinal products, tissues and organs of human bodies, human blood and components thereof must be inspected and granted quarantine certificates by the border quarantine agencies before they are imported and/or exported.

The order and procedures for medical inspection shall be stipulated by the Ministry of Health.

Article 7.- The quarantine areas at the land, river, air and marine border-gates shall be jointly stipulated by the border-gate management agencies and the border quarantine agencies.

Article 8.- The quarantiners, while performing their duties, shall have to wear their quarantiners' cards and uniforms with badge prescribed by the Ministry of Health.

Article 9.- Quarantine of objects entitled to diplomatic or consular privileges and immunities and other special objects shall comply with the guidances jointly issued by the Ministry of Health and the Ministry for Foreign Affairs.

Chapter II

ENTRY AND EXIT MEDICAL QUARANTINE

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1. The name, nationality and the itinerary of the transport means;

2. The number of passengers and crew members on board such transport means;

3. The medical declarations according set form (for people on board the transport means).

Article 11.- The border-gate chiefs and owners of transport means parking at the bordergates or their representatives, if detecting any quarantine diseases or dangerous contagious diseases, shall have to immediately notify the border medical quarantine agencies or the port authorities thereof through the quickest possible means before making official written reports.

Article 12.- Signals used by ships and boats when entering ports are prescribed as follows:

1. If it is daytime, ships and boats shall have to fly signal pennants:

a) Letter "Q" pennant shall signal that the ship or boat is free from quarantine diseases and requests entry quarantine.

b) Letter "QQ" pennant shall signal that the ship or boat is suspected of having quarantine disease(s).

c) Letter "QL" pennant shall signal that the ship or boat carries quarantine disease(s).

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a) One red lamp shall signal that the ship or boat is free from quarantine diseases and requests the entry quarantine.

b) Two red lamps shall signal that the ship or boat is suspected of carrying quarantine disease(s).

c) One red lamp and one white lamp shall signal that the ship or boat caries quarantine disease(s).

Article 13.- Ships and boats that need entry quarantine shall have to hang up quarantine signals as provided for in Article 12 and await the quarantine in the quarantine area. When they are not yet granted the entry quarantine certificates by the border medical quarantine agencies, they must not put down the quarantine signals.

Article 14.- While the ships or boats still have to hang up the quarantine signals, nobody, except for the pilots and persons allowed by the border medical quarantine agency to perform certain tasks, is allowed to board the ships or boats or handle cargos thereon. Transport personnel and passengers are not allowed to leave the ships or boats nor to have contacts with other ships or boats except for case of accident.

Article 15.- Transport means which have entered the country but cannot travel to the designated quarantine areas due to damage or other reasons, the transport means owners or their representatives shall have to promptly inform the border medical quarantine agency thereof.

Article 16.- While conducting the entry and/or exit quarantine, the medical quarantiners shall request the transport means owners or their representatives to product necessary papers and health declarations of transport personnel and passengers according to the form set by the border quarantine agency.

Article 17.- Basing itself on the quarantine results, the border medical quarantine agency shall grant entry quarantine certificates to people and transport means that have already been quarantined. The quarantine certificate must clearly state the handling measures to deal with such people and transport means.

Article 18.- When transport means are quarantined, their owners or representatives thereof shall have to fully comply with the quarantine stipulations and create favorable conditions for quarantiners to perform their quarantine tasks on the transport means.

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MEDICAL HANDLING MEASURES

Article 19.- When detecting that an exit or entry subject contracts or carries quarantine disease-spreading vectors or contracts dangerous contagious disease(s), the border medical quarantine agency shall have to hold such subject for tests or apply necessary medical handling measures against such object.

Article 20.- In cases where a transport means is detected having carried quarantine and/or dangerous contagious disease-transmitting vector(s), the border medical quarantine agency shall have to compel the transport means owner or his/her representative and the goods owner or his/her representative to apply medical handling measures, and at the same time report it to the head of the local bordergate management agency. After the transport means has applied all prescribed handling measures, the medical quarantine agency shall issue the quarantine certificate.

Article 21.- When foreign transport means arrive at Vietnamese border gates and the transport means owners or their representatives fail to apply the prescribed medical handling measures, the medical quarantine agency shall refuse to carry out entry medical procedures and propose the competent agencies to request such transport means to immediately leave the bordergates of Vietnam without stopping anywhere within the territory or territorial waters of Vietnam. In special cases where a transport means cannot leave immediately, all medical measures prescribed by the border quarantine agency must be applied.

Article 22.- When applying medical handling measures, the persons in charge of medical handling shall have to satisfy the following requirements:

1. Not to cause any harms to people's health or to animals on board the transport means;

2. Not to damage machine parts and architecture of the transport means;

3. Not to cause damage to luggages, goods, deformity to packages or changes to trademark colors.

When causing damage to people and means while applying medical handling measures, the border medical quarantine agency shall have to compensate therefor as prescribed by law.

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Article 24.- All used objects and discarded objects with clear evidence that they may spread quarantine and/or contagious disease(s) must all be medically handled before their import and/or export.

Article 25.- The border medical quarantine agency needs not apply medical handling measures against the transport means which were already medically handled at bordergates earlier and transport means on transit through Vietnam with people and goods on board being the same while on the territory of Vietnam, except for the following cases:

1. Where signs of contracting quarantine diseases or dangerous contagious diseases are detected by chance on the transport means or at the border gates;

2. Where the earlier medical handling measures bring no results.

Article 26.- The border medical quarantine agency shall apply medical handling measures against any transport means on exit or entry if such means:

1. Arrives from region(s) affected with quarantine diseases and/or dangerous contagious diseases;

2. Carries person(s) infected with quarantine disease(s) and/or dangerous contagious disease(s);

3. Carries vector(s) beyond the prescribed limits.

The Ministry of Health shall specify the vector limit allowed for each quarantine disease and/or each dangerous contagious disease.

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1. To isolate and treat the disease sufferers at the designated locations till they recover from illness or are no longer capable of spreading diseases;

2. To hold the quarantine disease suspects for tests; the hold and test duration shall not exceed the incubation period of such disease. When quarantine disease(s) is (are) detected among detainees for tests, the sufferers therefrom must be isolated and treated.

Article 28.- Persons on board a transport means which carries or is suspected of carrying quarantine disease(s) or comes from areas affected with quarantine disease(s) or dangerous contagious disease(s) must have their health checked at the medical stations in their residence places according to the time stated in the health monitoring papers granted by the border medical quarantine agency; and at the same time the border medical quarantine agency shall have to notify in time the medical body in the localities where such persons come to reside.

Article 29.-

1. Ships and boats crossing the borders shall have to conduct rat-killing once every six months.

2. Rat inspections and killings must be conducted while the transport means are not laden with cargos. In special cases where a means laden with cargos which cannot be unloaded, the border medical quarantine agency shall decide to extend the rat-killing duration for another month and write such decision on the old rat-killing certificate.

3. In cases where no signs of rats on board the ship or boat after the inspection, the border medical quarantine agency may issue the rat-killing exemption certificate.

Article 30.- After conducting the rat-killing or deciding the rat-killing exemption, the border medical quarantine agency shall grant the transport means owner the certificate of rat-killing or rat-killing exemption. Such a certificate shall be valid for six months from the date of issuance.

Article 31.- All transport means, when anchoring at habours, shall have to apply measures to combat rats from the ports onto the vessel and vice versa. If dead rats are found, the border quarantine agency must be immediately notified thereof.

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1. Persons entering Vietnam from regions affected with quarantine diseases and/or dangerous contagious diseases shall have to make health declaration with the border quarantine agency. The Ministry of Health shall specify the contents of and procedures for health declaration.

2. When a quarantine or dangerous contagious disease(s) spreads widely at a Vietnamese bordergate, the border medical quarantine agency shall have to give vaccinations to foreigners upon their requests.

Chapter IV

DEALING WITH QUARANTINE DISEASES

SECTION 1. BUBONIC PLAGUE

Article 33.-

1. Transport means are considered having the bubonic plague when one of the following cases occurs thereon:

a) Having person(s) suffering from bubonic plague;

b) Having rodents infected with bubonic plague;

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2. Medical handling measures against transport means considered having a source of bubonic plague:

a) To isolate and treating the sufferers;

b) To annihilate the vector(s) and monitor the disease suspects for 6 days from the date of arrival at the bordergate(s);

c) Persons carrying disease germs as concluded by the border quarantine agency shall be detained for tests within 6 days. During that period, other persons on board the transport means must not leave such transport means or the quarantine area, except for personnel performing professional work with the consent of the border medical quarantine agency. In cases where the transport means is an automobile or a train, such persons shall be transferred to prescribed areas;

d) If there is a person suffering from lung bubonic plague or a person who has suffered from lung bubonic plague for six days before the date of entry quarantine, all passengers and transport personnel must be isolated for 6 days;

e) All luggages, belongings, blankets, mosquito-nets, mats and dormitories of bubonic plague sufferers or suspects must be disinfected with vectorcide and bactericide;

f) Killing all rats on the entire transport means. In cases where rat-killing cannot be conducted on the entire transport means, necessary measures shall be taken to prevent rats from going out.

g) The cargo loading and unloading must be carried out under the supervision of the border medical quarantine agency;

h) The cargo handling workers shall have their health monitored by the border medical quarantine agency or be detained for tests within 6 days from the completion of cargo handling.

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1. The transport means are suspected of having bubonic plague germs if one of the following phenomena occurs thereon:

a) Having person(s) suffering from bubonic plague or persons with full-grown bubonic plague after they have come on board such transport means for 6 days;

b) Carrying persons who come from areas affected with lung bubonic plague and have not yet been isolated since the last day they left such epidemic areas.

2. Medical handling measures against transport means suspected of having bubonic plague shall comply with the provisions in Points b, c, d, e, f, g of Clause 2, Article 33 of this Regulation.

Article 35.- For transport means having no bubonic plague development but coming from areas affected with bubonic plague:

a) In cases where a person is suspected of contracting bubonic plague, he/she must be detained for tests and have his/her illness monitored for 6 days from the date such transport means left the plague-stricken area. During this period every people on board the transport means must not go ashore except for personnel who perform necessary professional work with the consent of the border medical quarantine agency.

b) In case of necessity, the border quarantine agency shall compel the transport means owner to comply with the provisions at Point f, Clause 2, Article 33 of this Regulation.

SECTION 2. CHOLERA

Article 36.- A transport means is considered having cholera source when it carries persons infected with cholera or when the cholera has developed five days before its arrival.

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a) Persons contracting with cholera shall be isolated and treated;

b) All the food, luggages, belongings, blankets, mats, dormitories, drinking water, which are used by cholera sufferers or prone to cholera must be disinfected;

c) Human wastes, garbages, water at the ship's bottom, unused water, discharge water, if not yet disinfected, shall not be discharged outside;

d) The cargo loading and unloading must be carried out under the supervision of the border quarantine agency;

e) Cargo loading and unloading workers must have their health minitored by the border quarantine agency or be detained for tests within 5 days from the completion of cargo loading and unloading.

Article 37.-

1. A transport means is suspected of having cholera source when it carries on board cholera sufferer(s) but 5 days before its arrival the disease has no longer developed.

2. Measures to deal with transport means suspected of having cholera source shall comply with the provisions in Points b, c and d, Clause 2, Article 36 of this Regulation.

SECTION 3. YELLOW FEVER

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Article 39.- All persons entering Vietnam from yellow fever-stricken regions must have proper anti-yellow fever vaccination certificates. Those who have no anti-yellow fever vaccination certificates or have invalid certificates shall be held for tests for 6 days from their departures from the fever-stricken regions.

Article 40.- All transport means departing from yellow fever-stricken regions, when entering Vietnam, shall have to produce the mosquito-killing certificate.

Article 41.-

1. A transport means is considered having the yellow fever when it carries on board fever sufferer(s) or within 6 days before its arrival the yellow fever had already appeared onboard such transport means.

2. Medical handling measures against transport means having yellow fever sources:

a) To isolate and treat the sufferers;

b) To hold for tests within 6 days those who wish to leave the transport means without certificates of vaccination against yellow fever;

c) To anchor at least 400 m from the shore and other transport means, and conduct the mosquito-killings thereon;

d) To handle cargos only after the mosquito-killing;

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Article 42.-

1. A transport means is suspected of having the yellow fever source in the following cases:

a) Where the transport means has left the yellow fever-stricken area for not more than 6 days;

b) The transport means has left the yellow fever-stricken area for more than 6 days but less than 30 days and the Aedes aegypti (Stegomya fasciata) mosquitoes are spotted thereon;

c) An airplane departs from the yellow fever-stricken area without mosquito-killing certificate or with improper certificate or Aedes aegypti (Stegomya fasciata) mosquitoes are spotted thereon.

2. Handling measures against transport means suspected of carrying yellow fever source shall comply with the provisions in Points b, c and d, Clause 2, Article 41 of this Regulation.

Chapter V

SUPERVISING CONTAGIOUS DISEASES

Article 43.- The contents of supervising contagious diseases include:

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2. Epidemiological investigation of epidemic cases;

3. Investigating spreading sources;

4. Retrospective study of contagious diseases appearing inside the bordergates;

5. Separating disease germs, determining the causes, conducting epidemiological and serum studies of groups of relevant people and/or groups of relevant animals;

6. Studying vector(s), food, drinking water and relevant environment factors;

7. Monitoring and evaluating the results of bactericide, vectorcide, rat-killing;

8. Gathering, analyzing and notifying epidemiological information on contagious diseases to bordergates and concerned agencies in the country;

9. Giving health checks to groups of subjects, supervising and controlling those who have sufferred from and/or are prone to contagious diseases.

10. Providing guidances and/or consultancy on ways of medically treating those who have suffered from contagious diseases.

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1. People contracting HIV/AIDS, syphilis or pernicious pulmonary tuberculosis, when entering Vietnam, shall have to declare with the border medical quarantine agency;

2. The border medical quarantine agency shall have to notify it to the medical body of the localities where such people shall come to reside and/or work in order to provide consultancy, guidance and medical treatment for such people.

Article 45.- The border medical quarantine agency shall be entitled to request people on entry or exit to make health declaration and produce anti-contagious disease vaccination papers or health certificates in case of necessity.

The Ministry of Health shall stipulate cases where vaccination papers or health certificates must be produced.

Article 46.- The border medical quarantine agency shall effect the medical supervision and disease-prevention measures against:

1. People on entry or exit who are staying at hotels or guests' houses reserved for such people at bordergates;

2. Personnel working at establishments mentioned in Clause 1 of this Article.

Article 47.-

1. The border medical quarantine agency shall issue health-monitoring papers to people traveling from quarantine disease-stricken areas to other areas.

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3. If they have contracted or are suspected of contracting quarantine disease(s) and/or dangerous contagious disease(s), such medical institutions shall immediately take necessary medical measures and inform the medical quarantine agency that has issued such papers thereof.

Article 48.-

1. Vietnamese citizens staying abroad for one or more years and foreigners entering to reside in Vietnam for one or more years, when entering the country, shall have to produce to the medical quarantine agency the health certificates granted by competent medical bodies. In case of lack of the health certificate, the entrants shall have to go to the competent medical bodies for health check and health certificates under the guidance of the border quarantine agency.

The Ministry of Health shall provide detailed guidance on the inspection of health certificates of the subjects defined in this Clause.

2. Vietnamese transport personnel who regularly travel across the borders shall also have to acquire the health certificates granted by the border medical quarantine agency for filling the entry or exit procedures.

Article 49.-

1. Hotels, service establishments and transport means operating at bordergates shall have to meet all hygiene standards prescribed by the Ministry of Health;

2. Bordergate agencies shall have to apply all necessary measures to prevent and combat vectors;

3. Garbages and waste matters in bordergate regions must be treated to ensure hygiene.

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1. Ensure hygiene on their transport means;

2. To equip the means with enough bacteria and/or vector-killing chemicals;

3. To apply medical handling measures under the guidance and supervision of the medical quarantine agency.

Article 51.- Requirements on food hygiene and safety

1. Food and drinking water used at bordergates and on international transport means shall have to meet the prescribed hygiene standards;

2. The border medical quarantine agency shall periodically inspect food hygiene and safety at bordergates and on international transport means;

3. Hotels in service of people on entry or exit at bordergates and the establishments supplying food and drinking water for international transport means must meet all requirements on hygiene as certified by the border medical quarantine agency before they are commissioned;

4. When the border medical quarantine agency determines that food, cooking and drinking water are contaminated or not up to the food hygiene and safety standards, such things must be destroyed and medical handling measures shall be applied immediately;

5. Personnel working at establishments in service of people on entry or exit at bordergates and on international transport means must acquire health certificates granted by the border medical quarantine agency. A health certificate shall be valid for 12 months from the date of issuance;

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Chapter VI

REPORT AND NOTICE

Article 52.-

1. When detecting signs of quarantine disease(s) and/or dangerous contagious disease(s), the head of the border medical quarantine agency shall, within 24 hours, report to the Health Ministry (The Border Quarantine Department) on the location, the number of first cases of disease infection and measures already applied.

2. To report once every 24 hours to the Health Ministry (The Border Quarantine Department) on the development of the epidemics till they no longer exist.

Article 53.-

1. Upon the detection of quarantine disease(s) and/or dangerous contagious diseases, the Health Ministry shall have to make domestic and international notices thereon;

2. When a quarantine disease or a dangerous contagious disease widely spreads in one or several domestic areas or foreign countries. The Health Ministry shall have to report to the Prime Minister for decision on the following anti-epidemic measures:

a) To order the blockade of epidemic areas in the country;

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c) To prohibit the import and/or export of goods, objects, animals, plants, post parcels, drinks and/or food with potentiality of spreading the epidemic(s) from the epidemic areas;

d) Transport means coming from epidemic areas must be quarantined at the first bordergate, medically dealt with and granted the quarantine certificates before moving to other locations.

3. When the epidemic is wiped out, the Health Ministry shall have to make announcement thereon at home and abroad.

An area is considered being free from epidemics if it meets all the following conditions:

a) For bubonic plague and cholera, after 6 days from the occurrence of the last case, there are no longer signs of epidemic spreading;

b) For yellow fever transmitted by Aedes aegypti mosquitoes after 1 month from the occurrence of the last case.

Chapter VII

QUARANTINE FEE

Article 54.- When being subject to quarantine or to the application of medical handling measures, people, goods owners and transport means owners, who are on entry of exit, or their representatives shall have to pay a quarantine fee. The Finance Ministry and the Health Ministry shall jointly specify the border quarantine fee rates as well as the management and use of such fees.

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The fee rates index must be posted up at the office of the border medical quarantine agency.

Where there is any change to the fee rate index, the border medical quarantine agency shall have to notify the quarantine objects 15 days before its implementation.

Chapter VIII

HANDLING VIOLATIONS AND COMPLAINTS

Article 56.- Those who violate the provisions of this Regulation shall, depending on the nature and seriousness of the violation, be disciplined, administratively sanctioned or examined for penal liability; if damage is caused, compensation must be made according to laws.

Article 57.- In cases where an involved person disagrees with a decision of the quarantiner, he/she is entitled to lodge complaint to the medical quarantine agency in that locality. If he/she still disagrees with the decision of the head of the border medical quarantine agency, he/she is entitled to lodge complaint to the head of the competent border medical quarantine agency or competent court. Pending the decision from above, the involved person still have to abide by the decision of the medical quarantine agency.