Chapter 4
EPIDEMIC COMBAT
Section 1. EPIDEMIC ANNOUNCEMENT
Article 38. Principles, competence, time limit and conditions for epidemic announcement
1. Epidemic announcement must abide by the following principles:
a/ All cases of epidemic must be announced;
b/ Announcement of an epidemic and its termination must be public, accurate, timely and duly made.
2. The competence to announce an epidemic is stipulated as follows:
a/ Provincial-level Peoples Committee presidents announce epidemics at the request of provincial-level Health Service directors, forclass-A and class-B infectious diseases;
b/ The Minister of Health announce epidemics at the request of provincial-level Peoples Committee presidents, for class-A infectious diseases and for some class-B infectious diseases which have been announced in two or more provinces and centrally run cities;
c/ The Prime Minister announce epidemics at the request of provincial-level Peoples Committee presidents, for class-A infectious diseases, which quickly spread from one province to another, seriously affecting human life and health.
3. Within 24 hours after receiving a request for epidemic announcement, competent persons specified in Clause 2 of this Article shall make decision on epidemic announcement.
4. The Prime Minister shall issue specific regulations on conditions for epidemic announcement.
Article 39. Details of epidemic announcement
1. An epidemic announcement contains:
a/ Name of the epidemic;
b/Time, place and scope of occurrence of the epidemic;
c/ Causes, ways of transmission, nature and danger of the epidemic;
d/ Measures for preventing and controlling the epidemic;
e/ Medical examination and treatment establishments that admit and treat persons suffering from infectious diseases.
2. The details specified in Clause 1 of this Article must be promptly notified to related agencies, organizations and individuals for taking anti-epidemic measures.
Article 40. Conditions and competence for announcing epidemic termination
1. Conditions for announcing termination of an epidemic include:
a/ No new cases of infection are detected after a particular period of time and other conditions are met for each epidemic as stipulated by the Prime Minister;
b/ Anti-epidemic measures have been taken as prescribed in Section 3, Chapter IV of this Law.
2. Persons competent to announce epidemics are competent to announce termination of epidemics at the request of competent agencies specified in Clause 2, Article 38 of this Law.
Article 41. News on epidemics
Mass media agencies are responsible for carrying accurate, prompt and truthful information on the situation after the announcement of an epidemic and termination of an epidemic with proper details supplied by competent health agencies.
Section 2. DECLARATION OF A STATE OF EMERGENCY IN CASE OF EPIDEMIC
Article 42. Principles and competence for declaring a state of emergency in case of epidemic
1. Declaration of a state of emergency in case of an epidemic must comply with the following principles:
a/ When an epidemic rapidly spreads on a wide area, seriously threatening human health and life and the national socio-economic situation, a state of emergency must be declared;
b/ Declaration of a state of emergency must be public, accurate, timely and duly made.
2. The National Assembly Standing Committee shall issue a resolution to declare a state of emergency at the request of the Prime Minister; in case the National Assembly Standing Committee cannot meet immediately, the President shall ls^ue an order to declare a state of emergency.
Article 43. Details of declaration of a state of emergency upon the occurrence of an epidemic
1. Reason for declaring a state of emergency.
2. Geographical area placed under a state of emergency.
3. Hour and date of commencement of a state of emergency.
4. Competence to organize the enforcement of the resolution or order to declare a state of emergency.
Article 44. Competence to terminate a state of emergency upon the end of an epidemic
After the epidemic has been stamped out, at the request of the Prime Minister, the National Assembly Standing Committee shall issue a resolution or the President shall issue an order to terminate the state of emergency it/he/she has declared.
Article 45. Reporting news in a state of emergency
1. The Vietnam News Agency, the Radio Voice of Vietnam, the Vietnam Television, Nhan Dan (People) newspaper and Quan Doi Nhan Dan (Peoples Army) newspaper shall immediately carry the full text of the resolution of the National Assembly Standing Committee or the order of the President to declare a state of emergency in case of epidemic, decisions of the Prime Minister to enforce the resolution of the Standing Committee of the National Assembly or the order of the President to declare a state of emergency in case of epidemic; promptly carry news on measures already taken in the area placed under a state of emergency and the overcoming of epidemic consequences; and carry the full text of the resolution of the National Assembly Standing Committee or the order of the President to terminate a state of emergency.
Resolutions of the National Assembly Standing Committee or orders of the President declaring termination of a state of emergency must be publicly posted at offices of agencies and organizations and in public places.
2. Other central and local mass media shall carry news on the declaration and termination of a state of emergency in case of epidemic and the process of overcoming epidemic consequences.
Section 3. ANTI-EPIDEMIC MEASURES
Article 46. Establishment of anti-epidemic steering committees
1. An anti-epidemic steering committee shall be set up as soon as an epidemic is announced.
2. The membership of an anti-epidemic steering committee is stipulated as follows:
a/ A national anti-epidemic steering committee consists of representatives of health, finance, information-communication, foreign affairs, defense, public security and other related agencies. Depending on the area in which an epidemic is announced and its characteristics, the Prime Minister may act or designate a deputy prime minister or the Minister of Health to act as head of the steering committee. The Ministry of Health is the standing body of the steering committee;
b/ A provincial-level, district-level or commune-level anti-epidemic steering committee consists of representatives of health, finance, information-communication, army, public security and other related agencies. The head of an anti-epidemic steering committee is the president of the Peoples Committee of the same level. The health agency of the same level shall act as the standing body of the steering committee.
3. An anti-epidemic steering committee has the tasks of taking anti-epidemic measures and overcoming epidemic consequences, and set up mobile anti-epidemic teams to directly render first aid, provide medical treatment and deal with epidemic foci.
4. The Prime Minister shall issue specific regulations on the competence to set up anti-epidemic steering committees at all levels, and their organization and operation.
Article 47. Epidemic declaration and reporting
1. Upon the occurrence of an epidemic, persons suffering from the disease or persons detecting cases of infection or suspected cases of infection shall report them to the nearest health agencies within 24 hours after detecting the epidemic.
2. Upon detecting cases of infection or reported information on an epidemic, health agencies shall report them to the Peoples Committees of places where the epidemic has occurred and preventive medicine establishments for urgently deploying anti-epidemic measures.
3. The Minister of Health shall issue specific regulations on epidemic declaration and reporting regime.
Article 48. Organization of first aid and medical examination and treatment
Anti-epidemic steering committees shall direct the application of the following measures for rendering first aid and providing medical examination and treatment for persons suffering from and suspected of suffering from an epidemic disease:
1. Classifying and rendering timely first or emergency aid for persons suffering from the epidemic disease under the Health Ministrys diagnosis and treatment instructions;
2. Mobilizing vehicles, medicines, medical equipment, hospital beds and medical examination and treatment establishments and capable health workers to work around the clock and are prepared to render first aid and medical examination and treatment to combat epidemics. Persons suffering from an epidemic disease of class A are entitled to free medical examination and treatment.
3. Based on the characteristics, seriousness and scale of an epidemic, the anti-epidemic steering committee shall make decision to take the following measures:
a/ Organizing medical treatment establish-ments right in epidemic zones to receive and treat persons suffering from the epidemic disease;
b/ Sending mobile anti-epidemic teams to epidemic zones to detect, render first aid and provide on-spot treatment for persons suffering from the epidemic disease and transfer them to medical examination and treatment establishments;
c/ Mobilizing medical examination and treatment establishments to participate in providing first aid and medical examination and treatment to combat epidemics;
d/ Applying other necessary measures as prescribed by law.
Article 49. Organization of medical isolation
1. Isolation is obligatory for persons suffering from an epidemic disease, persons suspected of suffering from an epidemic disease, persons carrying epidemic pathogens, persons who have been in contact with pathogens of an epidemic disease of class A and a number of diseases of class B stipulated by the Minister of Health.
2. Forms of isolation include home-based isolation and isolation at medical examination and treatment establishments or other establishments and places.
3. Health establishments located in epidemic zones shall organize isolation according to instructions of heads of anti-epidemic steering committees. If those persons defined in Clause 1 of this Article fail to comply with isolation requests of health establishments, isolation measures shall be taken against them according to regulations of the Government.
Article 50. Sanitation, disinfection and sterilization in epidemic zones
1. Sanitation, disinfection and sterilization measures include:
a/ Keeping environmental sanitation, water and food hygiene, and personal hygiene;
b/ Disinfecting and sterilizing areas identified to have or suspected of having epidemic agents;
c/ Culling animals and destroying food and other articles that are vectors.
2. Mobile anti-epidemic teams shall take sanitation, disinfection and sterilization measures according to processional processes upon request of anti-epidemic steering committees.
3. Agencies, organizations and individuals shall take sanitation, disinfection and sterilization measures according to instructions of competent health agencies; if they refuse to voluntarily take these measures, health agencies may apply compulsory ones.
Article 51. Personal protection measures
1. Persons participating in anti-epidemic activities and persons at risk of contracting an epidemic disease shall take one or several of the following personal protection measures:
a/ Equipping themselves with personal protection devices;
b/ Taking preventive medicines;
c/ Taking vaccines and medical bio-products against diseases;
d/ Using chemicals for sterilization and chemicals against vectors.
2. The State shall assure conditions for persons participating in anti-epidemic activities to take personal protection measures specified in Clause 1 of this Article.
Article 52. Other anti-epidemic measures to be taken during an epidemic
1. In case of necessity, competent state agencies may apply one of the following anti-epidemic measures:
a/ Suspending operation of public food and drink establishments likely to transmit the epidemic disease in epidemic zones;
b/ Imposing a ban on trading in and consumption of foods which have been identified to be vectors by competent health agencies;
c/ Prohibiting mass gatherings or suspending activities and services in public places in epidemic zones.
2. The Government shall issue specific regulations on the application of measures specified in Clause 1 of this Article.
Article 53. Control of entry into and exit from class-A epidemic zones
1. Measures for controlling entry into and exit from zones infected with class-A epidemic diseases:
a/ Restricting persons and means of transport from entering and leaving epidemic zones; in case of necessity, medical inspection, surveillance and disposal shall be conducted;
b/ Prohibiting transportation from epidemic zones of articles, animals, plants, food and other commodities capable of transmitting the epidemic disease;
c/ Taking personal protection measures, for persons entering epidemic zones specified in Clause 1, Article 51 of this Law;
d/ Other necessary measures as prescribed by law.
2. Heads of anti-epidemic steering committees shall set up quarantine posts and stations at road junctions leading to epidemic zones for taking measures specified in Clause 1 of this Article.
Article 54. Measures to be applied in a state of emergency in case of epidemic
1. Setting up anti-epidemic steering committees in a state of emergency under the provisions of Point a. Clause 2. Article 46 of this Law.
2. When declaring a state of emergency in case of epidemic, the head of the steering committee has the following powers:
a/ Mobilizing and requisitioning resources specified in Article 55 of this Law;
b/ Placing signboards, guard stations and instructions on travel bypassing epidemic zones;
c/ Requesting medical inspection and disposal of means of transport before they leave epidemic zones;
d/ Prohibiting mass gathering and other activities likely to transmit the epidemic disease in epidemic zones;
e/ Prohibiting persons and vehicles from entering epidemic foci, except for those on duty;
f/ Conducting disinfection and sterilization on a large scale;
g/ Culling animals and destroying food and other articles likely to transmit the epidemic disease to humans;
h/ Taking other measures specified in Section 3 of this Chapter.
Article 55. Mobilization and requisition of resources for anti-epidemic activities
1. Depending on the nature, extent of danger and scope of an epidemic threatening the peoples health, competent persons may mobilize people, mobilize and requisition physical facilities, medical equipment, medicines, chemicals, medical supplies, public service facilities, means of transport and other resources to combat the epidemic. Means of transport mobilized in anti-epidemic activities are entitled to priorities according to the traffic law.
2. Requisition stipulated in Clause 1 of this Article complies with the provisions of law on compulsory purchase and requisition of property. Requisitioned property must be cleansed, disinfected and sterilized before they are returned to their owners.
3. The Government and Peoples Committees at all levels shall assure conditions for implementing anti-epidemic measures in accordance with this Law.
Article 56. International cooperation in anti-epidemic activities
1. During an epidemic, depending on its nature and degree of danger, the Minister of Health shall decide on international cooperation in the exchange of medical swabs, epidemic information, professional and technical issues, equipment and funds in anti-epidemic activities.
In case of declaring a state of emergency, the Prime Minister shall call on foreign countries and international organizations to support resources for anti-epidemic efforts and coordinate in implementing measures for preventing epidemictransmission.
Tìm kiếm
Luật Phòng, chống bệnh truyền nhiễm 2007 (Bản Word)