THE GOVERNMENT
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.: 89/2018/ND-CP
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Hanoi, June 25,
2018
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DECREE
GUIDELINES
FOR 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
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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
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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.
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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:
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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
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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;
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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:
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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:
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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.
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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;
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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.
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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;
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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.
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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.
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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:
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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;
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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:
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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.
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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 metres
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.
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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:
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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;
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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 tonnes, or 03 hours if it is
of 10 tonnes 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:
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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.
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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;
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4. The physical inspection of a cargo shipment must
be completed within 01 hour if it is of less than 10 tonnes, or 03 hours if it
is of 10 tonnes 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.
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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
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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);
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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:
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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
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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.
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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:
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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
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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.
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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
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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.
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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;
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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
labour 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 labour 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 labour 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 labour 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 labour 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;
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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
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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 Defence, 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.
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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;
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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.
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4. Pay health quarantine service fees as regulated.
Chapter VIII
IMPLEMENTATION
PROVISIONS
Article 48. Entry into force
1. This Decree comes into force from 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. Responsibility for
implementation
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./.
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ON BEHALF OF
THE GOVERNMENT
PRIME MINISTER
Nguyen Xuan Phuc