Circular No. 10/1998/TT-BYT guiding the implementation of certain provisions of the Border Health Quarantine Regulation of the Socialist Republic of Vietnam

CIRCULAR

Guidelines for Implementing Certain Provisions of the Health Quarantine Regulation at the Border of the Socialist Republic of Vietnam.

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To implement the Health Quarantine Regulation at the Border of the Socialist Republic of Vietnam (annexed to Decree No. 41/1998/NĐ-CP dated June 11, 1998 of the Government), the Ministry of Health provides guidelines for implementing certain Articles of the Regulation as follows:

I. Form and Procedure for Health Quarantine of Means of Transport Entering and Exiting the Country (as stipulated in Article 4 of the Health Quarantine Regulation at the Border of the Socialist Republic of Vietnam).

A. Form of Quarantine:

1. The owner of the means of transport or their representative must notify the border health quarantine authority (BHQ) of the information prescribed in Article 10 of the Health Quarantine Regulation at the Border before the means of transport enters or exits the country.

2. The owner of the means of transport or their representative must declare and submit the health quarantine declaration form for the means of transport entering or exiting the country and other relevant documents to the BHQ.

3. The owner of the means of transport or their representative must answer and comply with the requirements for medical examination by the health quarantine officer.

B. Procedure for Quarantine:

1. Check the health quarantine declaration form and other related documents, and supplement inquiries if necessary.

2. Medical examination of persons on board the means of transport:

a. Observe the general condition of passengers and crew members to identify individuals suffering from or suspected of having diseases requiring quarantine, including dangerous infectious diseases (collectively referred to as diseases requiring quarantine).

b. Conduct medical examinations of individuals suffering from or suspected of having easily detectable diseases requiring quarantine.

3. Medical examination of goods, containers, luggage, drinking water, living water, ballast water that are infected or suspected of being contaminated with sources of disease or vectors transmitting diseases requiring quarantine on the means of transport. For hand-carried food and food used on the means of transport, the following checks shall be conducted:

a. Packaging method and current state of food preservation.

b. Expiry date on food packaging.

c. Color and taste of food.

d. Take samples for testing if necessary.

4. Medical examination of living quarters, living areas, dining areas, kitchens, cargo holds, sanitary facilities, cargo compartments:

a. Observe the current state of environmental hygiene.

b. Inspect cooking and food storage equipment.

c. Inspect water supply and drainage systems, daily waste storage containers.

5. Medical examination of vectors on the means of transport:

a. Inquire and observe the current state of vectors and conditions for preventing and controlling vectors.

b. Directly inspect, search for traces or traps to detect vectors transmitting diseases.

6. After completing the medical examination, if the means of transport, people, goods, luggage... are found to be infected with disease, sources of disease, or carrying vectors transmitting diseases requiring quarantine, the health quarantine officer must handle according to the provisions of Articles 19, 27, 28, 32, Clause 2 of Article 33, Points a and b of Article 35, Clause 2 of Article 36, Article 38, Clause 2 of Article 41, Point c and Clause 2 of Article 42 of the Health Quarantine Regulation at the Border.

7. After completing all medical examination procedures and medical treatment procedures, the BHQ issues a health quarantine certificate for people and means of transport entering or exiting the country.

II. Form and Procedure for Medical Examination of Remains, Ashes, and Bones Transported Across the Border (as stipulated in Article 5 of the Health Quarantine Regulation at the Border).

A. Form of Medical Examination:

1. The person responsible for transporting remains, ashes, and bones across the border must declare and submit to the BHQ:

a. A health quarantine declaration form for remains, ashes, and bones according to the prescribed model and submit a death certificate from the competent health authority and a diplomatic note from the Department or Office of Foreign Affairs of the province or centrally-administered city requesting forensic examination if the remains are transported from Vietnam across the border, or a health quarantine certificate from the country where the remains, ashes, and bones originated if they are transported from abroad to Vietnam.

b. Answer and comply with the requirements for medical examination by the health quarantine officer.

2. Conditions for transporting remains across the border:

a. Cause of death not due to infectious disease.

b. Embalming: Three-layer coffin, inner layer made of zinc with moisture-absorbing material, middle layer made of wood, outer layer made of plywood. Seal the inner and middle layers with the stamp of the BHQ.

c. Means of transport for remains:

- If transported by train, place in a separate carriage.

- If transported by airplane, place in a separate, enclosed cabin.

- If transported by car, place in a separate vehicle.

- If transported by ship, place in a separate, enclosed compartment.

- For long-distance travel by car, train, or ship, place the coffin in a refrigerated compartment.

d. Have complete documentation as prescribed in Point I, Section A of this Chapter.

3. Regulations for transporting ashes and bones across the border:

a. Have documentation as prescribed in Point 1, Section A of this Chapter and a cremation certificate or exhumation certificate.

b. For bones: preserved in two layers of nylon bags and a cloth bag on the outside.

c. For ashes: preserved in a sealed container.

B. Procedure for Medical Examination of Remains Transported Across the Border.

After receiving the documentation prescribed in Section A of this Chapter, the BHQ will proceed with the following tasks:

1. Review the documentation to determine the cause of death.

2. Inspect the embalming procedure.

3. Seal the two layers of the coffin with the stamp of the BHQ, if the remains are transported from Vietnam across the border.

4. Issue a health quarantine certificate for transporting remains across the border.

5. In cases where the remains do not meet the conditions prescribed in Point 2, Section A of this Chapter, the BHQ will require the following actions:

a. If the deceased did not die from an infectious disease, request the person responsible for the remains to comply with the regulations prescribed in Point 2, Section A of this Chapter, then issue a health quarantine certificate for transporting remains across the border.

b. If the deceased died from an infectious disease, request the person responsible to bury or cremate the remains. The transportation of remains from the border gate to the burial or cremation site must follow the regulations prescribed in Point 2, Section A of this Chapter.

After receiving the dossier including: the application form prescribed in Decision No. 1859/1998/QĐ-BYT dated August 6, 1998, issued by the Minister of Health, death certificate, cremation certificate, the Border Gate Health Quarantine Authority shall perform the following tasks:

1. Check the preservation standards.

2. Seal the ashes and bones with the stamp of the Border Gate Health Quarantine Authority.

3. Issue a health quarantine certificate for transporting ashes and bones across the border if they meet all conditions stipulated in Point 3, Section A of this Chapter.

4. In case the ashes and bones do not meet all conditions stipulated in Point 3, Section A of this Chapter, the border health quarantine authority shall handle as follows:

a. Require the person responsible for the ashes and bones to comply with the provisions set out in Point 3, Section A of this Chapter, then issue a health quarantine certificate for transporting ashes and bones across the border.

b. In case the person responsible for the ashes and bones refuses to comply with the provisions mentioned above, require the person responsible for the ashes and bones to bury them at the designated location after the ashes and bones have been purified.

III. Format and procedure for health quarantine of special products imported and exported (regulated in Article 6 of the Border Health Quarantine Regulations).

1. Special production includes bacterial and viral medical products, biological medical products, human tissues and organs, blood and blood products used for disease prevention, treatment, diagnosis, transplantation, and implantation.

2. Submit the health quarantine declaration form issued together with Decision No. 1859/1998/QĐ-BYT dated August 6, 1998, issued by the Minister of Health, and the dossier of special products to the border health quarantine authority seven days before importing or exporting special products for file review.

3. When special products arrive at the border gate, the border health quarantine authority shall perform the following tasks:

a. Compare the type, quantity, packaging specifications of special products with the health quarantine declaration form and dossier.

b. Inspect the current condition of packaging and storage of special products.

4. Issue a health quarantine certificate:

a. In case the special products comply with the health quarantine declaration form, match the product dossier, remain intact in packaging, and are stored according to regulations, the Border Gate Health Quarantine Authority shall issue a health quarantine certificate for border crossing.

b. In case the special products do not meet the conditions stipulated in Point a above, the Border Gate Health Quarantine Authority shall refuse to issue a health quarantine certificate for imported and exported special products.

IV. Provisions on areas for road, air, and waterway health quarantine (regulated in Article 7 of the Border Health Quarantine Regulations).

1. The area for road and air transport health quarantine is the first stopover point of the transportation vehicle within the scope of the Vietnamese border gate.

2. The area for waterway health quarantine shall be implemented according to the regulations of the Ministry of Transport for each port.

V. Provisions for health quarantine officers when performing their duties (regulated in Article 8 of the Border Health Quarantine Regulations).

1. Health quarantine officers must be present at the designated location to perform their duties when transportation vehicles and people enter or exit the border gate.

2. While performing their duties, health quarantine officers must wear the health quarantine badge, uniform, and insignia as prescribed in Decision No. 1859/1998/QĐ-BYT dated August 6, 1998, issued by the Minister of Health.

VI. Provisions on permissible vector limits on transportation vehicles (regulated in Article 26 of the Border Health Quarantine Regulations).

On all transportation vehicles, it must be ensured that:

1. There are no vectors (including rats) transmitting plague, yellow fever, dengue fever, and malaria.

2. In case other dangerous infectious diseases appear, the Ministry of Health will announce specific permissible vector limits for that disease.

VII. Provisions on individuals entering Vietnam who must declare their health status (regulated in Article 32 of the Border Health Quarantine Regulations).

1. Content of health declaration: According to the health declaration form issued together with Decision No. 1859/1998/BYT-QĐ dated August 6, 1998, issued by the Minister of Health.

2. Procedure for declaring health status:

a. Individuals entering Vietnam from areas requiring health quarantine must fill out the health declaration form provided by the border health quarantine authority along the way to the border gate or at the entry border gate.

b. Present the health declaration form to the border health quarantine authority at the entry border gate.

c. Health quarantine officers collect the health declaration form, observe the physical condition of the declarant, and compare it with the declaration form.

d. If a person suspected of having a quarantinable disease is identified, the border health quarantine authority shall conduct a health examination and take necessary health measures.

VIII. Provisions on individuals required to present vaccination certificates (regulated in Article 45 of the Border Health Quarantine Regulations).

A. Individuals required to present vaccination certificates:

1. Individuals aged one year or older entering Vietnam from areas with yellow fever.

2. Individuals aged one year or older exiting to areas with yellow fever.

3. Individuals entering or exiting from areas with dangerous infectious diseases specified by the Ministry of Health for which vaccination is required.

In case individuals entering or exiting do not have a vaccination certificate or the certificate has expired, the Border Gate Health Quarantine Authority shall vaccinate these individuals immediately at the border gate where they enter or exit, or issue a notice for them to go to the nearest Border Gate Health Quarantine Authority to receive vaccination and obtain a vaccination certificate within ten days of receiving the notice.

B. Individuals entitled to preferential treatment, exemption, and other special cases shall be handled according to Circular Jointly Issued by the Ministry of Health and the Ministry of Foreign Affairs No. 09/1998/TTLT-BYT-BNG.

IX. Provisions on individuals required to present health certificates (regulated in Article 48 of the Border Health Quarantine Regulations).

A. Individuals required to present health certificates:

1. Transportation staff and service personnel on waterway, land, and air transportation vehicles frequently crossing the border gate.

2. The foreign elements objects specified in Circular Jointly Issued by the Ministry of Health and the Ministry of Foreign Affairs No. 09/1998/TTLT-BYT-BNG dated July 28, 1998.

B. Some specific provisions:

1. Waterway transport personnel as stipulated at Point 1, Section A of this Chapter must present health certificates to border gate health quarantine authorities when exiting or entering the country.

2. Road and air transport personnel must present health certificates to the nearest health quarantine authority every six months.

3. Health certificates according to the model prescribed in Decision No. 1859/QD-BYT dated August 6, 1998 of the Minister of Health shall be issued by authorized health agencies and are valid for one year from the date of issuance.

4. When receiving health certificates, border gate health quarantine authorities shall directly check and compare the health certificate with the holder.

5. In cases where the holder of a health certificate is suspected of having a disease requiring quarantine, or if the health certificate is no longer valid, the border gate health quarantine authority shall issue a notice requesting the person to undergo a health examination and present a new health certificate within one month from the date of receipt of the notice.

X. Health Quarantine Fees (as stipulated in Article 54 of the Health Quarantine Regulations):

Border health quarantine fees shall be implemented in accordance with Circular Jointly Issued by the Ministry of Finance and the Ministry of Health No. 26 TT/LB dated March 28, 1994.

XI. Implementation Provisions

This Circular takes effect fifteen days from the date of issuance. All previous regulations that conflict with the provisions of this Circular are hereby abolished.

Persons violating the provisions of this Circular shall be subject to disciplinary, administrative, or criminal liability depending on the severity of the violation as provided by law.

During implementation, if there are difficulties or obstacles, units and localities are requested to report to the Ministry of Health (Health Quarantine Department) for study, consideration, and resolution.