Chương II Nghị định 89/2018/NĐ-CP: Kiểm dịch y tế đối với người

Chapter II

HUMAN QUARANTINE

Article 3. Entities subject to compulsory declaration of health

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

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

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

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

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

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

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

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

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

4. Border health quarantine units shall:

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

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

c) Provide instructions on the declaration of health.

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

1. A notification of declaration of health contains:

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

b) Entities subject to compulsory declaration of health;

c) Time of application of declaration of health.

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

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

b) Time of termination of declaration of health.

Article 6. Making declaration of health

1. Declarants:

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

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

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

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

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

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

1. Health quarantine officers shall collect information from:

a) National, port and checkpoint portals;

b) Port and checkpoint authorities;

c) Health agencies at port or checkpoint;

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

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

2. Information to be collected:

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

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

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

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

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

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

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

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

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

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

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

Article 9. Inspection of documents of humans

1. Entities subject to the documentation inspection:

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

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

2. Documents to be inspected:

a) The declaration of health;

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

3. Handling of inspection results:

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

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

Article 10. Physical inspection of humans

1. Entities subject to the physical inspection:

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

2. Contents of physical inspection:

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

a) Interviewing and obtaining medical history;

b) Clinical examination;

c) Evaluating efficiency of imposed health control measures;

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

3. Handling of inspection results:

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

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

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

Article 11. Health control for humans

1. Entities to be ordered into health control:

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

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

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

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

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

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

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

c) Give initial medical examination and treatment;

d) Use vaccines, biological and disinfectants;

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

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

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

a) Implement preventive measures;

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

c) Make plan for monitoring these persons.

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

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