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    Brief Introduction To Frontier Health And Quarantine Law Of China

    2010/3/17 11:51:00 23

    Frontier Health And Quarantine Law

            第一章 總則 


    Article 1 this law is enacted in order to prevent infectious diseases from being imported from abroad or coming from the country, carrying out frontier health quarantine and protecting human health.


    The second is to set up frontier health and quarantine organs at ports at People's Republic of China's international navigation ports, airports, and ports at the land border and boundary rivers (hereinafter referred to as frontier ports), and carry out quarantine, monitoring and health supervision of infectious diseases in accordance with the provisions of this law.

    The health administration department under the State Council shall be responsible for frontier health and quarantine work throughout the country.


    The third infectious diseases stipulated in this Law refer to quarantinable infectious diseases and infectious diseases.


    Quarantinable infectious diseases refer to plague, cholera, yellow fever and other infectious diseases identified and promulgated by the State Council.


    Surveillance of infectious diseases shall be determined and promulgated by the health administration department under the State Council.


    Fourth entry and exit personnel, pportation vehicles, pport equipment and goods, such as luggage, goods and postal parcels, which may spread quarantine and infectious diseases, shall be quarantined and permitted to enter or leave the country after the permission of the frontier health and quarantine authorities. The specific measures shall be specified by the detailed implementation of this law.


    When fifth frontier health and quarantine organs find quarantinable infectious diseases or suspected quarantinable infectious diseases, they shall notify the local health administrative departments immediately and take the fastest way to report to the health administrative department of the State Council at the latest, not exceeding twenty-four hours at the latest.

    The posts and telecommunications departments should give priority to pmission of epidemic reports.


    Notification of epidemic situation of infectious diseases between People's Republic of China and foreign countries shall be handled by the health administrative department of the State Council in conjunction with the relevant departments.


    Sixth, when there is a pandemic of quarantine infectious diseases in foreign countries or in China, the State Council may order the relevant territories to be blocked or other urgent measures taken.



        

    The second chapter is quarantine.


    The seventh entry vehicles and personnel must be quarantined at the designated place at the first frontier port.

    Except for pilots, no person is allowed to go up and down the pport without permission from frontier health and quarantine authorities, and no baggage, goods, postal parcels and other articles are allowed to load or unload.

    Specific measures shall be stipulated in the detailed rules for the implementation of this law.


    The eighth outbound means of pport and personnel must be quarantined at the last frontier port.


    When ninth ships or aircraft from abroad are moored or landed at a non port location in China, the person in charge of the ship or aircraft shall report immediately to the nearest frontier health and quarantine organ or the local health administrative department.

    Except for emergencies, no person is allowed to go up and down the ship or aircraft without the permission of frontier health and quarantine authorities or local health administration departments. No baggage, goods, postal parcels and other articles are allowed to load or unload.


    Tenth, at the frontier port, it is found that there are quarantinable infectious diseases, suspected quarantinable infectious diseases, or those who died without accidental injury and whose cause of death is unknown.

    The person in charge of the unit and the pport department shall immediately report to the frontier health and quarantine organ and apply for temporary quarantine.


    The eleventh frontier health and quarantine organs shall, according to the quarantine results provided by quarantine physicians, issue people's health quarantine certificates or exit quarantine certificates to pport vehicles that have not been infected with quarantinable infectious diseases or have been handled hygienic.


    The twelfth frontier health and quarantine organs must quarantine the quarantine infectious diseases immediately, and the isolation period shall be determined according to the results of the medical examination. The suspected infectious disease suspects shall be examined and the time limit for inspection shall be determined according to the incubation period of the infectious disease.


    A corpse died of quarantinable infectious diseases must be cremated nearby.


    Thirteenth of the following items of entry for quarantine inspection shall be disinfection, deratization, insect elimination or other health treatment.


    (1) from the epidemic areas of quarantinable infectious diseases;


    (two) contaminated by quarantinable infectious diseases;


    (three) it is found that rodents or vectors are associated with human health.


    If the person in charge of Foreign Transportation refuses to accept sanitary treatment, except for special circumstances, the vehicle is allowed to leave the territory of People's Republic of China immediately under the supervision of the frontier health and quarantine organ.


    Fourteenth frontier health and quarantine organs shall carry out hygienic inspection of goods, such as luggage, goods and postal parcels, which are contaminated by infectious diseases or contaminated by quarantine infectious diseases, or may become carriers of quarantinable infectious diseases.


    The shippers or their agents who enter or leave the corpses or skeletons must declare to the frontier health and quarantine organs, and pass the entry and exit permits after they have passed the hygiene inspection.


           第三章 傳染病監測


    Fifteenth frontier health and quarantine organs shall monitor infectious diseases by entry and exit personnel, and take necessary preventive and control measures.


    The sixteenth frontier health and quarantine organs require the entry and exit personnel to fill in the health declaration cards, and produce some vaccination certificates, health certificates or other relevant certificates of infectious diseases.


    Seventeenth, for those who are infected with surveillance infectious diseases, those who come from overseas epidemic areas of surveillance and infectious diseases, or those who are closely contacted with those who monitor infectious diseases, the frontier health and quarantine organs shall issue a convenient card for visiting patients, carry out inspection or take other preventive and control measures, and notify the local health administrative departments in time.

    Medical units in all regions should give priority to the diagnosis and treatment of those who hold convenient cards.



          

    The fourth chapter health supervision


    The eighteenth frontier health and quarantine organs shall, according to the hygienic standards prescribed by the state, carry out hygienic supervision over the sanitary conditions at the frontier ports and the sanitary conditions of the entry and exit vehicles at the frontier ports:


    (1) supervise and guide relevant personnel to control rodents and vector insects;


    (two) inspection and inspection of food, drinking water and its storage, supply and pportation facilities;


    (three) to supervise the health status of employees engaged in food and drinking water supply and check their health certificates;


    (four) supervise and inspect the disposal of refuse, waste, sewage, feces and ballast water.


    Nineteenth frontier health and quarantine organs set up frontier health supervisors to carry out the tasks assigned by frontier health and quarantine organs.


    At the time of carrying out their duties, health supervisors at frontier ports have the right to carry out health supervision and technical guidance to pport facilities at frontier ports and entry and exit, and to put forward suggestions for improving unhealthy conditions and factors that may lead to the spread of infectious diseases, and cooperate with relevant departments to take necessary measures to conduct sanitary treatment.


           第五章 法律責任 


    Twentieth units or individuals who violate the provisions of this Law shall be warned or fined according to the seriousness of the case.


    (1) evading quarantine inspection and concealing the truth to the frontier health and quarantine organs;


    (two) entry personnel without permission from the frontier health and quarantine authorities are allowed to go up or down the vehicles, or to load and unload luggage, goods, postal parcels and other articles, and do not listen to dissuade.


    All fines are turned over to the state treasury.


    If the twenty-first party disagrees with the decision imposed by the frontier health and quarantine organ, it may, within fifteen days from the date of receipt of the notification, bring a suit to the local people's court.

    If the case fails to be prosecuted and fails to be fulfilled, the frontier health and quarantine organ may apply to the people's court for compulsory execution.


    Twenty-second in violation of the provisions of this law, causing the spread of quarantinable infectious diseases or causing serious risks to the spread of quarantinable infectious diseases, they shall be investigated for criminal responsibility in accordance with the provisions of article 178th of the criminal law of the People's Republic of China.


    Twenty-third staff members of frontier health and quarantine organs should enforce the law impartially, be loyal to their duties, and timely quarantine the entry and exit vehicles and personnel. Administrative penalties shall be imposed for those who violate the law or dereliction of duty. If the circumstances are serious enough to constitute a crime, they shall be investigated for criminal responsibility according to law.


            第六章 附則


    The twenty-fourth international treaties relating to health and quarantine concluded or participated by People's Republic of China are different from this Law and shall be governed by the provisions of the international treaty.

    However, the terms of the People's Republic of China reservation are excepted.


    The twenty-fifth entry and exit quarantine between residents of the border areas of the PRC and the neighbouring border organs in the border areas and the residents living in the border areas between the two countries shall be handled in accordance with the agreement between the two parties. If there is no agreement, they shall be handled in accordance with the relevant provisions of the Chinese government.


    The twenty-sixth frontier health and quarantine organs shall collect health and quarantine fees according to the state regulations.


    Twenty-seventh the health administrative department under the State Council shall, in accordance with this law, formulate detailed rules for its implementation, which shall go into effect after being submitted to and approved by the State Council.


    The twenty-eighth law comes into effect on May 1, 1987.

    The People's Republic of China frontier health and quarantine regulations promulgated in December 23, 1957 shall be abolished at the same time.


      附: 刑法有關條文


    178th violation of frontier health and quarantine regulations, causing the spread of quarantinable infectious diseases, or causing serious risk of pmission of quarantinable infectious diseases, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

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