Decree No. 89/2018/NĐ-CP detailing implementation of certain provisions of the Law on Prevention and Control of Infectious Diseases concerning border health quarantine

DECREE

DETAILING IMPLEMENTATION OF CERTAIN PROVISIONS OF THE LAW ON PREVENTION AND CONTROL OF INFECTIOUS DISEASES REGARDING BORDER HEALTH QUARANTINE 

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Prevention and Control of Infectious Diseases dated November 21, 2007;

At the proposal of the Minister of Health;

The Government promulgates this Decree detailing implementation of certain provisions of the Law on Prevention and Control of Infectious Diseases regarding border health quarantine. 

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the collection of information, declaration of health, health inspection, and health treatment for persons, conveyances entering, exiting, or transiting Vietnam, imported and exported goods, corpses, remains (including ashes), biological samples, biological products, human tissues, and organs transported across the Vietnamese border; disease surveillance and control at border gates; organization of border health quarantine and responsibilities in implementing border health quarantine.

Article 2. Interpretation of Terms

In this Decree, the following terms are understood as follows:

1. Goods subject to health quarantine are tangible products capable of carrying infectious agents or vectors of infectious diseases that are imported, exported, or transited through border gates, including postal items, mail parcels, consumer goods carried on conveyances.

2. Health quarantine officers are individuals performing health quarantine activities within the health quarantine organization, including civil servants, staff members, healthcare personnel, collectively referred to as health quarantine officers.

3. Biological medical samples are blood, serum, plasma, urine, feces, body fluids from humans, and other samples containing infectious substances, pathogenic microorganisms capable of causing disease in humans.

4. Health declaration declarant is a person, owner of goods, conveyance, corpse, remains, ashes, biological medical samples, biological products, human tissues, and organs transported across the Vietnamese border; driver of conveyance; customs agent handling health quarantine procedures; another person authorized by the owner of goods, conveyance, corpse, remains, ashes, biological medical samples, biological products, human tissues, and organs, or the conveyance owner to handle health quarantine procedures.

Chapter II

HEALTH QUARANTINE FOR PERSONS

Article 3. Persons required to make health declarations

Persons entering, exiting, or transiting Vietnam must make health declarations in accordance with Clause 1 and 2 of Article 4 of this Decree.

Article 4. Health declaration and termination of health declaration requirement

1. The Minister of Health decides on the health declaration requirement and its termination.

2. Health declaration shall be applied in any of the following cases:

a) There is a decision to announce or notify an infectious disease outbreak by a competent state agency;

b) Based on the situation of infectious diseases in Group A, newly emerging diseases, outbreaks, or warnings about disease invasion risks from competent health authorities of countries, international organizations.

3. Termination of health declaration requirement shall be applied in any of the following cases:

a) There is a decision to announce or notify the end of an infectious disease outbreak by a competent state agency;

b) Based on the situation of infectious diseases in Group A, or notifications ending disease warnings from competent health authorities of countries, regions, international organizations.

4. The health quarantine organization has the responsibility to:

a) Notify the health declaration requirement and its termination to state management agencies at border gates;

b) Publicly post the health declaration form and notice of termination of the health declaration requirement at border gates;

c) Organize guidance on the implementation of health declarations.

Article 5. Contents of the health declaration notification and termination of health declaration application

1. The health declaration notification includes the following main contents:

a) Name of the infectious disease for which health declaration must be applied;

b) Subjects required to make health declarations;

c) Time period for applying health declarations.

2. The notification terminating the application of health declarations includes the following main contents:

a) Name of the infectious disease for which the application of health declarations must be terminated;

b) Time point for terminating the application of health declarations.

Article 6. Implementation of Health Declaration

1. For individuals required to make health declarations:

a) Receive the health declaration form according to Form No. 01 attached as an appendix to this Decree on aircraft, ships, maritime agencies, travel companies, or tour guides within and outside the country, at designated areas for health declarations at Vietnamese border gates or at foreign exit border gates, or obtain the electronic health declaration form provided by authorized agencies;

b) Complete the health declaration according to the contents of the health declaration form when entering Vietnam through border gates for entry, exit, or transit procedures, or before that but not earlier than seven days from the date of entry, exit, or transit;

c) Submit the health declaration form in paper or electronic format to the medical quarantine officer at the border gate. The health declaration form is valid only once for entry, exit, or transit and will be stored by the border health quarantine organization for three months from the date of receipt of the health declaration form.

2. Language in health declarations: shall be bilingual in Vietnamese and English, and may include additional languages as directed by the Ministry of Health depending on the global epidemic situation.

3. The border health quarantine organization is responsible for printing, managing, guiding, and distributing free health declaration forms, organizing electronic health declarations.

Article 7. Collection of Information Before Entry, Exit, or Transit

1. Medical quarantine officers collect information from the following sources:

a) National electronic portal, ports, border gates;

b) Border gate management agencies, ports;

c) Health agencies at ports, border gates;

d) Transport companies, transport vehicle owners, transport vehicle operators; travel companies, tour operators; tour guides;

đ) Entities implementing the International Health Regulations, World Health Organization, Ministry of Health, and other information sources.

2. Information to be collected:

a) General information about the health status of entrants, exiters, or transit persons;

b) Information from the health declaration form of entrants, exiters, or transit persons as specified in Form No. 01 attached as an appendix to this Decree;

c) Information on vaccination and preventive measures for persons departing from or arriving in countries or regions where such measures are mandatory before departure, entry, or transit;

d) Information on the means of transportation carrying entrants, exiters, or transit persons as stipulated in Article 13 of this Decree;

đ) Information on goods with potential exposure to infectious diseases as specified in Article 21 of this Decree;

e) Other relevant information about the health of entrants, exiters, or transit persons (if any).

Article 8. Processing information before departure, entry, or transit

Medical quarantine officers shall conduct health checks in accordance with Articles 9 and 10 of this Decree for individuals falling under any of the following circumstances:

1. Individuals required to declare health information pursuant to Article 3 of this Decree.

2. Individuals exhibiting unusual symptoms related to health or increased body temperature during monitoring.

3. Individuals traveling together, having direct contact, or close contact (sitting next to each other on the same row or immediately in front of or behind one row on the same vehicle, train car, aircraft, ship) with individuals exhibiting unusual symptoms related to health or increased body temperature during monitoring.

Article 9. Checking documents for individuals

1. Subjects for inspection:

a) Individuals falling under the circumstances specified in Clause 1 of Article 8 of this Decree;

b) Individuals departing from or arriving at a country or territory that requires mandatory vaccination or preventive measures before departure, entry, or transit.

2. Types of documents to be checked:

a) Health declaration form when required to declare health information;

b) International vaccination certificate or preventive measure certificate (if applicable) when requested by the Ministry of Health or the competent health authority of the country or territory being departed from or arrived at.

3. Handling inspection results:

a) In cases where individuals falling under point a of Clause 1 of this Article pass inspection without suspicion of illness or carrying infectious disease agents, the medical quarantine officer shall immediately confirm on the health declaration form, concluding the quarantine process. If there is suspicion of illness or carrying infectious disease agents, the medical quarantine officer shall proceed with actual inspection according to Article 10 of this Decree;

b) In cases where individuals inspected under point b of Clause 1 of this Article have an international vaccination certificate or preventive measure certificate for Category A infectious diseases still valid, the medical quarantine officer shall conclude the quarantine process. If there is no such certificate or if the certificate has expired, the medical quarantine officer shall handle the situation according to Article 11 of this Decree.

Article 10. Actual Inspection for Individuals

1. Subjects for inspection:

Individuals suspected of carrying infectious diseases as stipulated in Clause 2, 3 of Article 8 and point a of Clause 3 of Article 9 of this Decree.

2. Content of Inspection:

Based on the actual condition of the individual being inspected, the medical quarantine officer shall carry out one of the following activities:

a) Interviewing and gathering medical history;

b) Conducting clinical examination;

c) Evaluating the effectiveness of previously applied health measures;

d) Collecting samples for testing in cases of suspected Category A infectious diseases, newly emerging diseases, or outbreaks upon notification by the Ministry of Health.

3. Handling inspection results:

a) After the actual inspection, if the individual being inspected shows signs of carrying pathogens or infectious disease agents of Category A, the medical quarantine officer shall implement health measures;

b) In cases where the individual being inspected does not fall under the circumstances specified in point a of this clause, the medical quarantine officer shall immediately confirm on the health declaration form, concluding the health quarantine process. The exit and entry inspection force at the border checkpoint shall verify the confirmation of the medical quarantine officer on the health declaration form when notified of the implementation of health declarations by the Ministry of Health. In cases where individuals required to declare health information under this Decree do not have confirmation from the medical quarantine officer, the exit and entry inspection force shall require such individuals to complete their health declarations before proceeding with entry, exit, or transit procedures in Vietnam.

4. The time to complete the actual inspection for one individual shall not exceed two hours (excluding the time waiting for test results).

Article 11. Medical treatment for individuals

1. Subjects for medical treatment:

a) Individuals showing signs of contracting a disease or carrying infectious agents belonging to Group A;

b) Individuals without an international vaccination certificate or preventive measures applied for those departing from or arriving at countries or territories with Group A diseases that require mandatory vaccination or preventive measures;

c) Individuals with expired international vaccination certificates or preventive measures for those departing from or arriving at countries or territories with Group A diseases that require mandatory vaccination or preventive measures;

d) Individuals who have come into contact with incoming persons falling under point a of this clause.

2. For subjects under point a of Clause 1 of this Article, health quarantine officers shall apply one or more of the following measures:

a) Implementing preventive measures against disease transmission;

b) Transferring to a quarantine area at the border gate. The implementation of quarantine measures at the border gate shall be carried out in accordance with the laws on applying quarantine measures, compulsory quarantine, and special epidemic control during the period of an outbreak;

c) Conducting initial examination and treatment;

d) Using vaccines, medical products, and disinfection;

đ) Transferring to an infectious disease prevention and treatment facility according to regulations.

3. For subjects under points b and c of Clause 1 of this Article, health quarantine officers shall apply one or more of the measures specified in points a and d of Clause 2 of this Article. After completion, the health quarantine organization shall immediately issue an international vaccination certificate or preventive measure according to Model No. 02 attached to this Decree. Vaccination shall only be applied for diseases with available vaccines and for eligible subjects.

4. For subjects under point d of Clause 1 of this Article, health quarantine officers shall compile a complete list of information including name, phone number, and contact address to report to the competent authority as prescribed, while applying one or more of the following measures:

a) Implementing preventive measures;

b) Promoting and advising on disease prevention;

c) Formulating a plan to monitor contacts.

5. After completing the medical treatment procedures stipulated in Clauses 2, 3, and 4 of this Article, the health quarantine officer shall confirm on the health declaration form, conclude the quarantine process, and notify the responsible border gate authority to process entry, exit, or transit formalities for the individual subject to medical treatment.

6. For individuals who have not yet departed, entered, or transited but request issuance or reissuance of an International Vaccination Certificate or preventive measure for departure, entry, or transit, they must submit an application according to Model No. 15 attached to this Decree and prove the validity of previously applied vaccines or preventive measures to the border health quarantine organization.

Chapter III

HEALTH QUARANTINE FOR TRANSPORT MEANS

Article 12. Subjects required to declare health status

All transport means must declare their health status upon entry, exit, or transit, except for aircraft and ships that have completed health quarantine procedures at the first port of arrival before transferring to other domestic ports.

Article 13. Health declaration for transport means

1. For aircraft:

a) The person declaring health status shall submit the common aviation declaration form according to Model No. 03 attached to this Decree and the health inspection/treatment certificate for goods and transport means by road, rail, and air according to Model No. 09 attached to this Decree (if applicable) to the border health quarantine organization or through the National Single Window Portal before the transport means is permitted to enter, exit, or transit;

b) In case passengers or crew members on the flight show symptoms or signs of infectious diseases, the captain or chief steward must immediately contact the border health quarantine organization before the aircraft takes off or lands.

2. For vessels:

a) The person declaring health status shall submit the maritime health declaration form according to Model No. 05 attached to this Decree, the exemption certificate or sanitation treatment certificate for vessels according to Model No. 08 attached to this Decree (if applicable), the health inspection certificate for goods and vessels according to Model No. 10 attached to this Decree (if applicable), and the general declaration form according to Model No. 42 attached to Government Decree No. 58/2017/NĐ-CP dated May 10, 2017 detailing certain provisions of the Vietnam Maritime Code on maritime activity management to the border health quarantine organization or through the National Single Window Portal twelve hours before the vessel's expected entry, exit, or transit;

b) In case passengers or crew members on the vessel show symptoms or signs of infectious diseases, the master or authorized officer on board must immediately contact the border health quarantine organization before the vessel docks; hoist the health quarantine signal as prescribed in Article 19 of this Decree.

3. For land and rail transport means:

Submit the health declaration form for goods and transport means according to Model No. 04 attached to this Decree and the health inspection/treatment certificate for goods and transport means by road, rail, and air according to Model No. 09 attached to this Decree (if applicable) before passing through the border gate.

Article 14. Collection of Information Before Transport Vehicles Cross the Border

1. Medical quarantine officers collect information from sources specified in Clause 1, Article 7 of this Decree.

2. Information to be collected:

a) The number or license plate of the transport vehicle;

b) The route of the transport vehicle before entry, transit, or exit;

c) Health information of persons on board the transport vehicle as provided for in point a, b, Clause 2, Article 7 of this Decree;

d) Other necessary information.

Article 15. Processing Information for Transport Vehicles

1. Medical quarantine officers conduct medical inspections as prescribed in Articles 16 and 17 of this Decree for transport vehicles with risk factors including:

a) Transport vehicles passing through countries or territories where cases of infectious diseases have been recorded and which the Ministry of Health requires to be monitored;

b) Transport vehicles carrying sick persons or suspected sick persons or carriers of infectious disease agents;

c) Transport vehicles carrying goods that may carry infectious disease agents or suspected of carrying such agents.

2. In cases where transport vehicles do not have risk factors as stipulated in Clause 1 of this Article, medical quarantine officers monitor the transport vehicles during the waiting period for entry, exit, or transit, including the following contents:

a) Monitoring the transmission intermediaries of infectious diseases boarding or disembarking from the transport vehicle;

b) Monitoring the transmission intermediaries and infectious disease agents during loading/unloading and receiving goods.

3. During the monitoring process, if it is discovered that the transport vehicle has transmission intermediaries of infectious diseases, infectious disease agents, or does not meet general hygiene conditions (including discovering waste, secretions, traces of transmission intermediaries; food and household waste not collected, stored, or processed according to regulations, or living, storage, warehouse, and toilet areas not cleaned regularly causing mold, mildew, foul odors), the medical quarantine officer proposes health inspection measures to be included in the health declaration form for the transport vehicle.

4. In cases where the transport vehicle does not fall under any of the circumstances stipulated in Clauses 1 and 2 of this Article, the medical quarantine officer confirms the results of the health quarantine and concludes the quarantine process.

5. The time to complete the monitoring of a transport vehicle shall not exceed one hour for road and air transport vehicles; two hours for rail and waterway transport vehicles.

Article 16. Inspection of Documents for Transport Vehicles

1. Subjects for inspection:

a) Transport vehicles with risk factors as stipulated in Clause 1 of Article 15 of this Decree;

b) Transport vehicles with transmission intermediaries of infectious diseases, infectious disease agents, or failing to meet general hygiene conditions as stipulated in Clause 3 of Article 15 of this Decree.

2. Types of documents to be checked:

a) For aircraft: the common aviation declaration form for aircraft, health inspection/cleaning certificate for cargo and land and rail transport vehicles (if applicable);

b) For ships: maritime health declaration form, ship hygiene exemption/cleaning certificate, common declaration form (if applicable), and health inspection certificate for cargo (on ships), ships (if applicable);

c) For land and rail transport vehicles: health declaration form for cargo and land and rail transport vehicles, health inspection/cleaning certificate for cargo and land and rail transport vehicles, and air transport vehicles (if applicable).

3. Handling inspection results:

a) Conduct actual inspections as prescribed in Article 17 of this Decree for transport vehicles in any of the following situations: departing from or passing through countries or territories where cases of Category A infectious diseases have been recorded without having undergone health treatment; transport vehicles carrying suspected or infected persons with Category A infectious diseases; transport vehicles carrying goods suspected of carrying Category A infectious disease agents or transmission intermediaries; transport vehicles without a hygiene exemption certificate or having already been treated;

b) In cases where the transport vehicle does not fall under the category as stipulated in point a, Clause 3 of this Article, the medical quarantine officer immediately confirms the results of the health quarantine on the health declaration form, health goods, and transport vehicle (for land and rail transport) and concludes the quarantine process.

4. The time to complete the document inspection for a transport vehicle shall not exceed twenty minutes from the time all documents are received.

Article 17. On-site inspection of transportation vehicles

1. Subjects for inspection:

Transportation vehicles as stipulated in Clause 1 and Clause 3 of Article 15 and Point a of Clause 3 of Article 16 of this Decree.

2. Content of Inspection:

The health quarantine officer shall require the transportation vehicle to be moved to a quarantine area to carry out the following tasks:

a) Inspect the general hygiene condition on the transportation vehicle;

b) Inspect disease transmission vectors on the transportation vehicle;

c) Evaluating the effectiveness of previously applied health measures;

d) Take samples for testing in cases where there is suspicion of Group A infectious disease pathogens.

3. Handling inspection results:

a) After the inspection, if the transportation vehicle being inspected carries or shows signs of carrying infectious disease pathogens or Group A disease transmission vectors, the health quarantine officer shall prepare a sanitation inspection report (according to Form No. 06) or ship sanitation inspection report (according to Form No. 07) attached to this Decree and proceed with medical handling;

b) In cases where the transportation vehicle is not specified in Point a of Clause 3 of this Article, the health quarantine officer shall prepare a sanitation inspection report (according to Form No. 06) or ship sanitation inspection report (according to Form No. 07) attached to this Decree, issue a health inspection/clearance certificate for goods and land-based, rail, or air transportation vehicles according to Form No. 09 attached to this Decree, thereby concluding the quarantine process.

4. The time to complete the on-site inspection shall not exceed 01 hour for land-based or air transportation vehicles; 02 hours for rail or waterway transportation vehicles. If the inspection exceeds the prescribed time but the professional medical quarantine work has not been completed, the border health quarantine organization must notify the extension of the inspection time and specify the reasons to the declarant 15 minutes before the end of the prescribed time, with the extended time not exceeding 01 hour.

Article 18. Medical Handling of Transportation Vehicles

1. Subjects for medical treatment:

Transportation vehicles as stipulated in Point a of Clause 3 of Article 17 of this Decree.

2. Medical handling measures:

Based on the results of the on-site inspection, the health quarantine officer may apply one or more of the following measures:

a) Eradicate disease-causing agents and disease transmission vectors;

b) Implement or cooperate with relevant agencies to collect and dispose of waste that may carry disease-causing agents or pose a risk of infectious diseases;

c) Disinfect.

3. Medical handling measures for persons on transportation vehicles shall be carried out in accordance with the provisions of Article 11 of this Decree.

4. Medical handling measures for goods on transportation vehicles shall be implemented in accordance with the provisions of Article 26 of this Decree.

5. After completing the medical handling as stipulated in Clause 2 of this Article, the health quarantine officer shall issue a health inspection/clearance certificate for goods and land-based, rail, or air transportation vehicles according to Form No. 09 attached to this Decree or a certificate exempting from sanitation treatment or a sanitation treatment certificate for ships according to Form No. 08 attached to this Decree, thereby concluding the quarantine process.

6. The time to issue certificates shall not exceed 30 minutes after the completion of medical handling.

7. The time to complete medical handling measures as stipulated in Clause 2 of this Article shall not exceed 01 hour for one land-based transportation vehicle or one train car or one aircraft; not more than 06 hours for an entire train or one ship from the time the transportation vehicle requiring medical handling is identified. Not more than 24 hours for ships when rodent traps, baits, or fumigation are required for medical handling. Before the end of the prescribed time by 15 minutes and medical handling has not been completed, the border health quarantine organization must notify the extension of the medical handling time in writing and specify the reasons to the declarant. The extended time shall not exceed 01 hour for one land-based transportation vehicle or one train car or one aircraft; not more than 04 hours for an entire train or one ship from the time the extension notice is issued.

8. In cases where the border health quarantine organization is requested to inspect and medically handle transportation vehicles to issue a health inspection/clearance certificate for goods and land-based, rail, or air transportation vehicles or a certificate exempting from sanitation treatment or a sanitation treatment certificate for ships, the declarant must submit a request form according to Form No. 15 attached to this Decree; the inspection and medical handling shall be carried out in accordance with the provisions of Articles 16 and 17 of this Decree and Clauses 2, 3, 4, and 5 of this Article.

Article 19. Regulations on health quarantine signals for vessels upon entry

1. During the day, vessels must hoist signal flags as follows:

a) Hoist one "Q" flag to indicate that the vessel does not have infectious diseases and requests health quarantine to enter, as specified in Model No. 23 in the Appendix attached to this Decree;

b) Hoist two "Q" flags to indicate that the vessel is suspected of having infectious diseases belonging to Group A, as specified in Model No. 23 in the Appendix attached to this Decree;

c) Hoist two flags, one "Q" and one "L", to indicate that the vessel has infectious diseases belonging to Group A, as specified in Model No. 23 in the Appendix attached to this Decree.

2. At night, vessels must hoist signal lights, red and white lights separated by 02 meters vertically on the forward mast:

a) One red light to indicate that the vessel requests health quarantine to enter;

b) Two red lights to indicate that the vessel is suspected of having infectious diseases belonging to Group A;

c) One red light and one white light to indicate that the vessel has infectious diseases belonging to Group A.

3. During the time the vessel is waiting for health quarantine or undergoing health quarantine, persons on board the vessel shall not disembark or embark; goods shall not be loaded or unloaded. This does not apply to vessels involved in accidents.

Chapter IV

HEALTH QUARANTINE FOR GOODS

Article 20. Objects required to declare health for goods

Imported, exported, or transiting goods must be declared for health, except for goods in transit that are not unloaded from the means of transport, and goods subject to animal quarantine, terrestrial animal products, and aquatic animals and aquatic animal products as prescribed by the Minister of Agriculture and Rural Development.

Article 21. Health declaration for goods

1. For goods transported by road, rail, or air: the person declaring health shall fill out and submit the health declaration form for goods according to Model No. 04 in the Appendix attached to this Decree, and the certificate of health inspection/treatment of goods, means of transport by road, rail, and air according to Model No. 09 in the Appendix attached to this Decree (if applicable) to the border health quarantine organization or through the National Single Window Portal before the goods are allowed to import, export, or transit.

2. For goods transported by water: the person declaring health shall complete and submit a copy of the cargo declaration form according to Model No. 43 stipulated in Government Decree No. 58/2017/NĐ-CP dated May 10, 2017, detailing certain provisions of the Vietnam Maritime Code on maritime activity management, and the health inspection certificate for goods (on board vessels) according to Model No. 10 in the Appendix attached to this Decree (if applicable) to the border health quarantine organization or through the National Single Window Portal at least 12 hours before the goods are expected to be imported, exported, or transited.

Article 22. Collection of information prior to goods crossing the border

1. Medical quarantine officers collect information from sources specified in Clause 1, Article 7 of this Decree.

2. Information to be collected includes:

a) Information about the place of origin or transit of the goods;

b) Information about the type, quantity, storage, packaging of the goods, and the means of transport.

Article 23. Handling of information for goods

1. Health quarantine officers shall conduct health inspections as provided for in Articles 24 and 25 of this Decree for goods with risk factors including:

a) Goods transported through countries or regions where cases of infectious diseases have been recorded and which the Ministry of Health requires to be monitored;

b) Goods carrying or showing signs of carrying infectious disease pathogens or vectors;

c) Goods transported by means of transport with risk factors as defined in Clause 1 of Article 15 of this Decree;

d) Goods with notifications from competent authorities regarding the risk of spreading infectious diseases.

2. In cases where goods do not have risk factors as provided for in Clause 1 of this Article, health quarantine officers shall monitor the goods during the waiting period for entry, exit, or transit, including the following contents:

a) Cross-checking the health declaration form for goods, except for goods in transit that are not unloaded from the means of transport;

b) Monitoring the entry of infectious disease pathogens or vectors into the goods.

3. Conduct monitoring as provided for in Clause 2 of this Article for imported goods awaiting import procedures before being transferred to bonded warehouses outside customs checkpoints.

4. During the monitoring process, if infectious disease vectors or pathogens are found in the goods or if general hygiene conditions are not met (including the discovery of waste, secretions, traces of vectors; goods with mold, mildew, foul odor), health quarantine officers shall collect additional information on the health measures applied, support needed, and proposed health inspection measures to be included in the health declaration form for goods.

5. In cases where goods do not fall under any of the circumstances stipulated in Clauses 1 and 4 of this Article, health quarantine officers shall confirm the results of the health quarantine and conclude the quarantine process.

6. The completion time for monitoring goods shall not exceed 01 hour for consignments under 10 tons and not more than 03 hours for consignments of 10 tons or more.

Article 24. Inspection of Documents for Goods

1. Subjects for inspection:

a) Goods with risk factors as prescribed in Clause 1, Article 23 of this Decree;

b) Goods that are carriers of infectious disease pathogens or do not meet general hygiene conditions as prescribed in Clause 4, Article 23 of this Decree.

2. Types of documents to be checked:

Health quarantine officers shall inspect the following types of documents:

a) For goods transported by road, rail, or air: health declaration forms for goods and transport vehicles, certificates of health inspection/treatment for goods and transport vehicles (if available);

b) For goods transported by waterway: copies of cargo declarations; health inspection certificates for goods (on ships), ships (if available).

3. Handling inspection results:

a) Conduct on-site inspections as prescribed in Article 25 of this Decree for goods in one of the following situations: originating from or passing through countries or territories where cases of Category A infectious diseases have been recorded without undergoing health treatment; transport vehicles carrying goods originating from or passing through countries or territories where cases of Category A infectious diseases have been recorded without undergoing health treatment;

b) In cases where goods are not specified in point a of this Article, the health quarantine officer shall confirm the results of the health quarantine and conclude the quarantine process.

4. The time to complete the inspection of documents for a consignment of goods shall not exceed twenty minutes.

Article 25. On-Site Inspection of Goods

1. Subjects for inspection:

Goods as prescribed in Clause 1 and 4, Article 23, and point a, Clause 3, Article 24 of this Decree.

2. Content of Inspection:

Health quarantine officers shall require the goods to be brought to the health inspection area and conduct inspections on the following contents:

a) Declaration content compared to actual goods;

b) General hygiene condition;

c) Carriers of infectious disease pathogens;

d) Regulations on containers, packaging, labeling information, and transportation conditions;

đ) Evaluation of the effectiveness of applied health treatment measures;

e) Sampling for testing in cases prescribed in Clause 1 of this Article.

3. Handling inspection results:

a) After inspection, if the inspected goods carry or show signs of carrying Category A infectious disease pathogens or carriers of Category A infectious disease pathogens, the health quarantine officer shall implement health treatment measures;

b) In cases where goods are not specified in point a, Clause 3 of this Article, the health quarantine officer shall issue a health inspection certificate according to Form No. 09 attached to this Decree, concluding the quarantine process;

4. The time to complete on-site inspections must not exceed one hour for consignments under ten tons, and not more than three hours for consignments ten tons or more.

Article 26. Health Treatment Measures for Goods

1. Subjects for medical treatment:

Goods as prescribed in point a, Clause 3, Article 25 of this Decree.

2. Medical handling measures:

Based on the results of the on-site inspection, the health quarantine officer may apply one or more of the following measures:

a) Disinfection, elimination of disease-causing agents, and carriers of infectious disease pathogens;

b) Forced destruction or re-exportation for goods that cannot eliminate disease-causing agents or carriers of infectious disease pathogens.

3. After completing health treatment measures as prescribed in Clause 2 of this Article, the health quarantine officer shall issue a health treatment certificate for the goods, concluding the quarantine process.

4. The time to complete health treatment measures shall not exceed two hours for consignments under ten tons, and not more than six hours for consignments ten tons or more. Fifteen minutes before the prescribed time expires and the health treatment has not been completed, the border health quarantine organization must notify the extension of the health treatment time and specify the reasons to the declarant. The extended time shall not exceed two hours from the notification time.

5. In cases where the border health quarantine organization is requested to inspect and treat goods to issue health inspection/treatment certificates for goods and transport vehicles, the declarant shall submit a request form according to Form No. 15 attached to this Decree; the inspection and treatment shall be carried out in accordance with Articles 24, 25, and 26 of this Decree.

Chapter V

HEALTH QUARANTINE FOR CORPSES, REMAINS, MEDICAL MICROBIOLOGY SAMPLES, BIOLOGICAL PRODUCTS, TISSUES, AND HUMAN ORGANS

Section 1

HEALTH QUARANTINE FOR CORPSES AND REMAINS

Article 27. Subjects required to declare health information for corpses and remains

Corpses and remains transported across borders must be declared for health purposes.

Article 28. Health declaration for corpses and remains

The declarant shall complete and submit the health declaration form for corpses, remains, and ashes according to Form No. 11 attached as an appendix to this Decree, a copy of the health treatment confirmation from the place of origin (for corpses and remains), the permit for importing corpses and remains into Vietnam as stipulated by the Ministry of Foreign Affairs, and proof of death (for corpses and remains) to the border health quarantine organization or through the National Single Window Portal before completing the exit, entry, or transit procedures.

Article 29. Information Collection

Health quarantine officers collect information from the health declaration form for corpses and remains according to Form No. 11 attached as an appendix to this Decree, a copy of the health treatment confirmation from the place of origin (not applicable to ashes), the permit for importing corpses and remains into Vietnam as stipulated by the Ministry of Foreign Affairs, and proof of death (not applicable to ashes).

Article 30. Handling Information

1. Transporting corpses and remains across borders due to infectious diseases classified under Group A is not permitted.

2. Health quarantine officers monitor the hygiene conditions and transportation conditions for corpses and remains.

Article 31. Inspection of Documents for Corpses and Remains

1. Subjects for inspection:

All corpses and remains transported across borders.

2. Types of documents to be checked:

Health quarantine officers shall inspect the following types of documents:

a) Health declaration form for corpses and remains (including ashes);

b) Confirmation of health treatment from the place of origin;

c) Permit for importing corpses and remains into Vietnam;

d) Proof of death (for corpses and remains).

3. Handling inspection results:

a) In cases where corpses and remains have all the required documents as specified in Clause 2 of this Article and meet the hygiene and transportation conditions as prescribed by the Minister of Health, the health quarantine officer issues a health quarantine certificate for corpses and remains according to Form No. 12 attached as an appendix to this Decree, thereby concluding the quarantine process;

b) In cases where corpses and remains lack the confirmation of health treatment from the place of origin, health measures as stipulated in Article 33 of this Decree shall be applied;

c) In cases where corpses and remains lack any of the documents specified in points b, c, and d of Clause 2 of this Article, the health quarantine officer requests the declarant to supplement the missing documents.

4. The time to complete the inspection of documents for one corpse or one set of remains shall not exceed fifteen minutes from the submission of all required documents as specified in Clause 2 of this Article.

Article 32. On-site Inspection of Corpses and Remains

1. Subjects for inspection:

All corpses and remains transported across borders.

2. Content of Inspection:

Health quarantine officers shall perform the following tasks:

a) Compare the contents of the health declaration with the actual preservation conditions of the corpses and remains;

b) Inspect the hygiene conditions and transportation conditions as prescribed by the Minister of Health.

3. Handling inspection results:

a) Health quarantine officers issue a health quarantine certificate for corpses and remains according to Form No. 12 attached as an appendix to this Decree; conclude the quarantine process for cases that have all the required documents as specified in Clause 2 of Article 31 of this Decree and meet the hygiene and transportation conditions as prescribed by the Minister of Health;

b) In cases where corpses and remains do not meet the hygiene and transportation conditions as prescribed by the Minister of Health, health measures as stipulated in Article 33 of this Decree shall be applied;

c) The time to complete the on-site inspection of one corpse or one set of remains shall not exceed one hour from the submission of all documents.

Article 33. Medical treatment for corpses and remains

1. Subjects for medical treatment:

Corpses and remains referred to in point b, Clause 3, Article 31 and point b, Clause 3, Article 32 of this Decree.

2. Medical handling measures:

Based on the results of actual inspection, the medical quarantine officer:

a) Implements or collaborates with relevant units to handle medical treatment according to the regulations on burial and cremation under the law;

b) Issues a health quarantine certificate for corpses and remains after completing the medical treatment as prescribed in point a of this clause.

3. The time to complete the medical treatment for one corpse or one set of remains shall not exceed three hours from the time the border health quarantine organization requests medical treatment. Fifteen minutes before the end of the prescribed time, if the medical treatment has not been completed, the border health quarantine organization must notify in writing to extend the medical treatment time, stating the reasons to the person declaring health information. The extension time shall not exceed one hour from the time of notification of extension.

Section 2

HEALTH QUARANTINE FOR MEDICAL MICROORGANISMS SAMPLES, BIOLOGICAL PRODUCTS, TISSUES, AND BODY PARTS

Article 34. Subjects required to declare health information for medical microorganisms samples, biological products, tissues, and body parts

Medical microorganisms samples, biological products, tissues, and body parts transported across the border must be declared for health information.

Article 35. Declaration of health information for medical microorganisms samples, biological products, tissues, and body parts

1. The declarant shall declare and submit the health declaration form for medical microorganisms samples, biological products, tissues, and body parts according to Form No. 13 attached as an appendix to this Decree to the border health quarantine organization or through the National Single Window Portal before completing the procedures for transporting across the border.

2. For medical microorganisms samples related to human disease specimens, the declarant shall submit the import permit for disease specimens to the border health quarantine organization or through the National Single Window Portal before completing the procedures for transporting across the border.

Article 36. Collection of Information

The medical quarantine officer collects the health declaration form for medical microorganisms samples, biological products, tissues, and body parts; the import permit for disease specimens as prescribed by the Ministry of Health (for medical microorganisms samples related to human disease specimens).

Article 37. Processing of Information

1. Importation shall not be permitted for medical microorganisms samples related to human disease specimens without an import permit for disease specimens.

2. The medical quarantine officer monitors the storage and transportation conditions for medical microorganisms samples, biological products, tissues, and body parts.

Article 38. Inspection of Documents for Medical Microorganisms Samples, Biological Products, Tissues, and Body Parts

1. Subjects for inspection:

All medical microorganisms samples, biological products, tissues, and body parts transported across the border.

2. Types of documents to be checked:

Health quarantine officers shall inspect the following types of documents:

a) Health declaration form for medical microorganisms samples, biological products, tissues, and body parts;

b) Import permit for disease specimens (for medical microorganisms samples related to human disease specimens).

3. Handling inspection results:

a) In cases where medical microorganisms samples, biological products, tissues, and body parts have all the required documents as stipulated in Clause 2 of this Article and ensure the conditions for storage and transportation, the medical quarantine officer issues a health quarantine certificate according to Form No. 14 attached as an appendix to this Decree, thereby concluding the quarantine process;

b) In cases where medical microorganisms samples related to human disease specimens lack the documents as stipulated in point b of Clause 2 of this Article, the medical quarantine officer requests the declarant to supplement the missing documents.

4. The time to complete the inspection of documents for a batch of medical microorganisms samples, biological products, tissues, and body parts shall not exceed fifteen minutes from the time all required documents are submitted.

Article 39. On-site inspection of medical microbiological samples, biological products, tissues, and human body parts

1. Subjects for inspection:

All medical microorganisms samples, biological products, tissues, and body parts transported across the border.

2. Content of Inspection:

Health quarantine officers shall perform the following tasks:

a) Compare the health declaration content for biological products, tissues, and human body parts with the actual hygiene conditions.

b) Compare the health declaration content for medical microbiological samples related to human disease specimens with the actual hygiene conditions, storage conditions, and transportation conditions as prescribed by the Ministry of Health.

3. Handling of Inspection Results

a) The medical quarantine officer issues a medical quarantine certificate for medical microbiological samples, biological products, tissues, and human body parts according to Form No. 14 attached to this Decree, concluding the medical quarantine process when all required documents as stipulated in Clause 2, Article 38 of this Decree are complete; for medical microbiological samples related to human disease specimens, it must ensure hygiene, storage, and transportation conditions as prescribed by the Ministry of Health.

b) In cases where medical microbiological samples, biological products, tissues, and human body parts do not meet hygiene conditions or storage and transportation conditions, the medical quarantine officer shall implement medical handling measures as prescribed in Article 40 of this Decree.

4. The time to complete on-site inspection for a batch of medical microbiological samples, biological products, or a tissue, a human body part shall not exceed 01 hour from the time all necessary documents are submitted.

Article 40. Medical Handling of Medical Microbiological Samples, Biological Products, Tissues, and Human Body Parts

1. Subjects for medical treatment:

Medical microbiological samples, biological products, tissues, and human body parts specified in Point b, Clause 3 of Article 39 of this Decree.

2. Medical handling measures:

Based on the results of actual inspection, the medical quarantine officer:

a) Require the application of storage and transportation measures as prescribed in Point a, Clause 3 of this Decree.

b) Issue a Medical Quarantine Certificate for medical microbiological samples, biological products, tissues, and human body parts after completing the medical handling procedures as prescribed in Point a of this Clause.

3. The time to complete medical handling for a batch of medical microbiological samples, biological products, or a tissue, a human body part shall not exceed 01 hour from the time the border medical quarantine organization requests medical handling. If the medical handling has not been completed 15 minutes before the end of the prescribed time, the border medical quarantine organization must notify the extension of the medical handling time in writing and specify the reasons to the health declarant. The extended time shall not exceed 01 hour from the notification time.

Chapter VI

CONDITIONS TO ENSURE BORDER MEDICAL QUARANTINE ACTIVITIES

Article 41. Border Medical Quarantine Organization

1. The Chairman of the People's Committee of provinces and centrally-administered cities with border gates shall define the functions, tasks, and powers of the border medical quarantine organization based on the guidelines of the Ministry of Health.

2. Conditions regarding infrastructure, equipment, means, chemicals, and medicines serving medical quarantine activities at border gates include:

a) Locations, offices, and rooms for administrative and technical-scientific activities related to medical quarantine.

b) Screening clinics for suspected infectious disease cases and medical handling.

c) Isolation areas for suspected infectious disease patients and accompanying persons or close contacts. In cases where the number of people requiring isolation exceeds the capacity of existing isolation facilities, temporary isolation areas must be arranged.

d) Positions for installing inspection, monitoring, and communication equipment must be appropriate to the position of the border medical quarantine organization within the chain of supervision and inspection of individuals requiring medical quarantine at border gates.

đ) Areas for isolating and inspecting transport vehicles and goods.

e) Essential equipment, means, chemicals, and medicines.

3. The Minister of Health shall guide the functions, tasks, and powers of the border medical quarantine organization; standards for essential infrastructure and equipment serving medical quarantine activities at border gates as prescribed in this Article.

4. The position of the border medical quarantine organization within the chain of supervision and inspection of individuals requiring medical quarantine at border gates:

a) For land border gates, the position of the border medical quarantine organization shall be implemented in accordance with Article 14 of Government Decree No. 112/2014/NĐ-CP dated November 21, 2014, on management of land border gates.

b) For waterway, air, and railway border gates, the border medical quarantine organization shall be positioned first in the chain of supervision and inspection of individuals requiring medical quarantine.

Article 42. Seals, symbols, insignia, signs, cards, uniforms of health quarantine officers

1. Health quarantine seals:

a) The health quarantine seal is a specialized seal in English as prescribed in Model No. 16 of the Appendix attached to this Decree;

b) A border health quarantine organization shall use the health quarantine seal to confirm the results of health quarantine for the forms in the Appendix issued together with this Decree;

c) The number of health quarantine seals issued in a province or centrally governed city equals the total number of border gates performing health quarantine functions and the main office of the border health quarantine organization;

d) The head of the border health quarantine organization shall be responsible for engraving, using, preserving, and managing the seal; establishing a record book of seal samples according to Model No. 17 of the Appendix attached to this Decree;

đ) A border health quarantine organization may only engrave seals at production facilities that have certificates meeting current security and public order conditions;

e) A border health quarantine organization must report in writing to the Ministry of Health after newly engraving, re-engraving, recalling, destroying, or invalidating the seal;

g) When newly engraving or re-engraving a seal, a border health quarantine organization must establish a file including: a letter sent to the seal production facility requesting a new or replacement seal; an introduction letter from the border health quarantine organization for the person handling the seal engraving procedures; a copy of the identification card or identity card of the introduced person; a report to the Ministry of Health as stipulated in point e of this clause;

2. Symbols, insignia, signs, cards, uniforms of health quarantine officers, traditional quarantine flags used in the border health quarantine system.

a) Models of symbols, insignia, signs, cards, uniforms of health quarantine officers, traditional quarantine flags applicable to border health quarantine organizations, civil servants, officials, long-term contractual staff working in border health quarantine organizations as prescribed in Models No. 18, 19, 20, 21, 22, and 24 of the Appendix attached to this Decree;

b) Organizations and individuals not belonging to border health quarantine organizations shall not use symbols, insignia, signs, cards, uniforms of health quarantine officers; traditional quarantine flags similar to those prescribed for border health quarantine organizations in point a of Clause 2 of this Article;

c) Symbols, insignia, signs, cards, uniforms of health quarantine officers; traditional quarantine flags shall not be erased, altered, or lent for other purposes;

d) Border health quarantine organizations, civil servants, officials, long-term contractual staff shall be responsible for preserving and using symbols, insignia, signs, cards, uniforms of health quarantine officers; traditional quarantine flags when they are provided or equipped. In case of loss or damage, they must immediately report to the competent authority;

đ) Each civil servant, official, long-term contractual staff working in a border health quarantine organization shall be provided within one year: two sets of winter clothing, two sets of summer clothing, one belt, one raincoat, one pair of leather shoes, two pairs of socks, two pairs of rubber boots, two sets of white coats; within two years: one overcoat, one document holder; within five years: one set of insignia, one sign;

e) Civil servants, officials, long-term contractual staff who retire, leave due to incapacity, transfer jobs, terminate employment, or end their contracts must return the sign and health quarantine officer card to the managing border health quarantine organization; if the provided uniform has not yet reached its service life, it will not be recalled, and if it has not been provided within the service life, it will not be provided;

g) The cost of purchasing, printing, making symbols, insignia, signs, cards, uniforms of health quarantine officers, traditional quarantine flags used in the border health quarantine system shall be included in the annual budget approved by the competent authority according to current regulations;

h) The health quarantine officer card issued by the Director of the Preventive Medicine Department, Ministry of Health is valid for five years;

i) A person engaged in health quarantine work can only be issued a health quarantine officer card after completing at least one training course on professional knowledge, skills, and laws and regulations on border health quarantine organized by the Preventive Medicine Department, Ministry of Health or units authorized by the Ministry of Health, upon the request of the border health quarantine organization directly managing them.

Article 43. Funding for Border Health Quarantine Activities

1. Sources of funding for border health quarantine activities:

a) State budget;

b) Other lawful revenue sources as prescribed by law.

2. The state budget ensures funding for:

a) Investment in material infrastructure, equipment, and border health quarantine activities as prescribed;

b) Information, education, communication, inspection, and supervision activities related to border health quarantine; training and scientific research to apply new technologies and methods in border health quarantine activities.

Chapter VII

RESPONSIBILITIES FOR IMPLEMENTATION

Article 44. Responsibilities of Ministries, Provincial People's Committees, and Central-City People's Committees with Border Gates

1. The Ministry of Health shall be responsible for:

a) Directing and organizing the implementation of border health quarantine activities in accordance with the law throughout the country;

b) Deciding on the application of health declarations, termination of health declarations for individuals; directing and implementing health declarations for individuals throughout the country;

c) Guiding information and reporting on border health quarantine activities.

2. Ministries: Foreign Affairs, National Defense, Public Security, Finance, Transport, Agriculture and Rural Development, and relevant agencies shall be responsible for directing subordinate units within their respective duties and authorities; coordinating with border health quarantine organizations to implement related contents concerning border health quarantine at the request of the Minister of Health.

3. Provincial People's Committees and Central-City People's Committees with border gates shall be responsible for:

a) Directing related units in their jurisdiction to cooperate with border health quarantine organizations to implement border health quarantine activities in accordance with this Decree;

b) Ensuring conditions for border health quarantine organizations to carry out their activities.

Article 45. Responsibilities of Specialized Agencies at Border Gates

1. The Head of the Border Gate Management Board, Port Director, Railway Station Manager, or the head of the unit entrusted with managing material infrastructure at the border gate shall be responsible for arranging and ensuring material infrastructure serving border health quarantine activities at the border gate in accordance with points a, b, c, d, đ of Clause 2, Article 41 of this Decree.

2. Customs agencies; animal and plant quarantine agencies shall be responsible for implementing related contents concerning border health quarantine at the request of border health quarantine organizations when inspecting goods suspected or confirmed to carry infectious disease agents.

3. Border Guard, Police, Port, and Customs agencies may only process entry, exit, transit procedures for persons and conveyances; import, export, transit procedures for goods; cross-border transportation of corpses, remains, biological samples, biological products, organs, and human body parts after confirmation that border health quarantine has been completed in accordance with this Decree.

4. Specialized agencies at border gates shall be responsible for coordinating with border health quarantine organizations at border gates in disease prevention and control work.

Article 46. Responsibilities of Border Health Quarantine Organizations and Health Quarantine Officers

1. Responsibilities of border health quarantine organizations:

a) The focal point for organizing and implementing border health quarantine activities as prescribed in this Decree;

b) Border health quarantine organizations at border gates are focal units, coordinating with related units to organize disease prevention and control activities within border gates;

c) Shall be responsible for cooperating to conduct health quarantine on animal and animal product goods upon request from animal quarantine agencies;

d) Cooperating with food safety agencies of provinces and centrally-administered cities to monitor and inspect food safety within border gates;

đ) Supervising the removal of waste and wastewater from conveyances and other contaminated materials within border gates that pose a risk of spreading infectious diseases.

2. Responsibilities of health quarantine officers:

a) Implementing border health quarantine activities in accordance with this Decree;

b) Wearing uniforms, insignia, identification plates, and health quarantine officer cards as prescribed in the Appendix attached to this Decree;

c) Entering areas where individuals subject to health quarantine are located at border gates and complying with current laws on security and defense at border gates;

d) Confirming the results of health quarantine and using the health quarantine stamp as prescribed in Article 42 of this Decree.

Article 47. Responsibilities of Persons Entering, Exiting, Transiting, Owners of Transport Means, and Shippers

1. Proactively declare any unusual health conditions to the border health quarantine organization at the point of entry, exit, or transit.

2. Fully complete health declarations, be responsible for the contents of the health declarations prescribed in this Decree; shall not make or use counterfeit health declaration forms.

3. Comply with health inspections and health treatments carried out by the border health quarantine organization as prescribed in this Decree.

4. Pay for health quarantine services according to current regulations.

Chapter VIII

IMPLEMENTING PROVISIONS

Article 48. Effective Date

1. This Decree takes effect from August 10, 2018.

2. The Decree No. 103/2010/NĐ-CP dated October 1, 2010 of the Government detailing certain provisions of the Law on Prevention and Control of Infectious Diseases concerning border health quarantine shall cease to be effective from the date this Decree takes effect.

Article 49. Responsibility for Implementation

Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairpersons of provincial People's Committees under the central government that have border gates are responsible for implementing this Decree./.