Chapter IV
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:
a) Information concerning the places where cargoes are transported from or through;
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;
b) Monitor infectious disease pathogens and vectors penetrating cargoes.
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:
A health quarantine officer shall inspect the following documents:
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.
2. Contents of physical inspection:
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;
b) If the inspection results indicate that the inspected cargo shipment is not subject to the case in Point a Clause 3 of this Article, the 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, and then carry out procedures for completing the quarantine process;
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.
4. The health control measures imposed on a cargo shipment must be completed within 02 hours if it is of less than 10 tonnes, or 06 hours if it is of 10 tonnes and above. 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 of the extension of health control and also give reasons thereof. An extension shall not exceed 02 hours from the notification of such extension.
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.
Tìm kiếm
Nghị định 89/2018/NĐ-CP (Bản Word)
Nghị định 89/2018/NĐ-CP (Bản Pdf)