Thông tư 32/2012/TT-BYT

CIRCULAR

REGULATIONS ON MEDICAL DECLARATION FOR PEOPLE UPON ENTRY, EXIT AND TRANSIT AT VIETNAMESE BORDER GATE

Pursuant to the Law on Prevention and Control of Infectious diseases No. 03/2007/QH12;

Pursuant to Article 3 of Decree No. 103/2010/ND-CP dated October 1, 2010 of the Government detailing the implementation of a number of articles of the Law on Prevention and Control of Infectious diseases on border medical quarantine;

Pursuant to Decree No. 63/2012/ND-CP dated August 31, 2012 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Medical;

Minister of Medical issues Circular regulating the medical declaration for people upon entry, exit and transit in Vietnamese border gates.

Article 1. Conditions for publication of the starting time, restriction and termination of the application of the medical declaration.

1. The publication of the Starting time for application of the medical declaration must be based on one or all of the following conditions:

a) Decision on publication of infectious diseases of the competent State management agencies.

b) Written notice of infectious diseases situation occurring abroad or risk factors affecting public medical issued by the Ministry of Medical.

2. The application of limited medical declaration applicable in the case of infectious diseases or risk factors affecting public medical are happening but have been controlled in the scope or subject. The publication of the time of application of limited medical declaration must be based on written notice by the Ministry of Medical of infectious diseases or risk factors affecting public having been controlled.

3. The publication of the time ending the application of medical declation must be based on the following conditions:

a) Decision on publication of all infectious diseases of the competent State management agencies;

b) Written notice issued by the Ministry of Medical of infectious diseases occurring abroad or risk factors affecting public medical having been eliminated.

Article 2. Content of written publication of the starting time, restriction and termination of the medical declaration.

1. Contents of written publication of the Starting time for application of medical declaration:

a) Name of infectious diseases or risk factors affecting public medical requiring application of the medical declaration;

b) Subjects must carry out medical declaration;

c) Starting time for application of medical declaration.

2. Contents of the written publication of the time for restricted application of medical declaration:

a) Name infectious diseases or risk factors affecting public medical having been controlled requiring to limit the medical declaration;

b) Subjects must continue to make medical declaration;

c) Subjects are exempted from making medical declaration;

d) Time for restricted application of medical publication.

3. Content of the written publication of the time requiring termination of medical declaration:

a) Name infectious diseases or risk factors affecting public medical having been controlled requiring termination of the medical declaration;

b) Time for termination of medical declaration;

Article 3. Content of medical declaration

1. Part of medical declaration includes

a) Information on the full name, year of birth, gender, nationality of people upon entry, exit and transit (hereinafter referred to as the medical declarer);

b) Number of Passport or laisser-passer or border identity card;

c) Name of the province or city or a territory or country of origin to Vietnamese border gate;

d) Place of arrival before coming to Vietnamese border gate within 07 days;

e) Contact address, phone number in Vietnam or e-mail address if available;

g) Listing of the name of vaccines or medical biological products having been used.

h) Questions about the signs of the disease within 07 days;

i) Date, month and year of medical declaration;

k) Signature of medical declarer

2. Instruction of medical declaration form includes:

a) Information about the full name of the medical declarer.

b) Name of the province or city or a territory or country of origin to Vietnamese border gate;

c) Certification of medical quarantine officer

3. The language in the medical declaration form is used in the form of bilingual, including one of the following types:

a) Vietnamese and English;

b) Vietnamese and Chinese;

c) Vietnamese and Cambodian;

d) Vietnamese and Laos.

4. The contents of medical declaration of the medical declarer subject to the provisions at Point b, Clause 1 and Point b, Clause 2, Article 2 of this Circular are only valid for a single entry, exit and transit.

5. The medical declaration form is specified in the Annex issued together with this Circular.

Article 4. Implementation of medical declaration

1. Receipt of medical declaration form:

a) Receiving medical declaration form on aircraft, boat, shipping agent, travel company or tour guide in the country and abroad;

b) Receiving medical declaration form in the area for medical declaration at Vietnamese border gates.

c) Receiving medical declaration form at the exit country’s border gates;

d) Accessing the website of the Department of Preventive Medicine, Ministry of Medical of Vietnam at http://ytdp.cimsi.org.vn, Click the border medical quarantine for medical declaration form.

2. Implementing the medical declaration under the contents in the medical declaration form upon coming to Vietnamese border gate for making procedures of entry, exit and transit or before but not earlier than 07 days.

3. Submitting the medical declaration form to the medical quarantine officer at border gates.

Article 5. Checking medical declaration

1. The medical quarantine officer at the border gates shall check the contents of medical declaration and seal the certification of checking before the medical declarer carries out the procedures for entry, exit and transit. In case the medical declaration form has the erasure detected or recorded improperly, the medical quarantine officer shall require the declarer to make his/her medical declaration again.

2. The force of entry and exit inspection and control at the border gate while making the procedures for entry, exit and transit must verify the certification of medical quarantine officer in the instruction part for the medical declarer.

In case the medical declarer subject to the provisions at Point b, Clause 1 and Point b, Clause 2, Article 2, without the certification seal of the medical quarantine officer, the force of entry and exit inspection and control shall complete the new medical declaration for entry, exit and transit Vietnam.

Article 6. Responsibility for implementation

1. The Director of Department of Preventive Medicine is responsible for:

a) Implementing the publication of the starting time, restriction and termination of medical declaration under the provisions specified in Article 1 of this Circular;

b) Posting the medical declaration form on the website of the Department of Preventive Medicine, Ministry of Health of Vietnam at http://ytdp.cimsi.org.vn;

c) Disseminating, guiding and inspecting the implementation of this Circular nationwide;

d) Annually.organizing preliminary review and summary of the implementation of this Circular nationwide.

2. Directors of Service of Health of centrally-affiliated cities and provinces where border gates are located shall:

a) Disseminate, guide and inspect the implementation of this Circular on the geographical areas assigned for management.

b) Annually.organizing preliminary review and summary of the implementation of this Circular on the geographical areas and making a report on implementation result to the Ministry of Health (Department of Preventive Medicine).

3. Organization of border medical quarantine shall:

a) Notify the starting time, restriction and termination of application of medical declaration to the other specialized State management agencies at border gates upon receipt of notification of Department of Preventive Medicine – Ministry of Health;

b) Publicly posting the starting time, restriction and termination of application of medical declaration at the border gate area, at the same time guiding the medical declarers to implement their medical declaration;

c) Printing, managing, guiding and issuing free of charge the medical declaration forms to meet requirements of medical declarers;

d) Keeping medical declaration forms of the medical declarers within 01 month and implementing the destruction of the medical declaration forms as prescribed by law.

4. Medical quarantine officer shall:

a) Propagate and guide the medical declarers to implement their medical declaration as prescribed by this Circular;

b) Receiving and checking the medical declaration forms and affixing seal of certification on the instruction part for medical declarers.

c) Coordinating with the force of entry and exit inspection and control at the border gate in order to detect and handle cases of of non-implementation of the medical declaration.

5. Medical declarers shall:

a) Performing medical declaration in accordance with the medical declaration form and taking responsibility for the contents of medical declaration;

b) Do not make and use fake medical declaration form.

Article 7. Effect

This Circular takes effect from February 01, 2013.

Article 8. Responsibilities for implementation

Head of Ministry Office, Director of the Department of Preventive Medicine, Directors, General Directors of the Departments and General Departments of the Ministry of Health, the heads of the agencies directly under the Ministry, the Director of Service of Health of the centrally-affiliated provinces and cities and heads of health agencies of ministries and sectors are liable to execute this Circular.

Any difficulties and problems arising in the course of implementation should be reported to the Ministry of Health (Department of Preventive Medicine) for study and settlement.