Promulgation Authorities:  Standing Committee of the National People's Congress

Promulgation Date:  2018.04.27

Effective Date:  2018.04.27

Validity Status:  valid

Border Health and Quarantine Law of the People's Republic of China

(Adopted on 2 December 1986 by the 18th Session of the Standing Committee of the Sixth National People's Congress

First Amendment on 29 December 2007 pursuant to the Decision on Revision of the "Border Health and Quarantine Law of the People's Republic of China" passed by the 31st Session of the Standing Committee of the 10th National People's Congress

Second Amendment on 27 August 2009 on Decision on Revision of Certain Laws passed by the 10th Session of the Standing Committee of the 11th National People's Congress

Third Amendment on 27 April 2018 on Decision of the Standing Committee of National People's Congress on Revision of Six Laws Including the "Border Health and Quarantine Law of the People's Republic of China")

Chapter 1 General Principles

Article 1    This Law is formulated for purposes of preventing inbound or outbound transmission of infectious diseases, implementation of border health and quarantine measures, and protection of human health.

Article 2    Border health and quarantine authorities shall be established at harbours and airports open to international vessels and aircraft, as well as entry and exit ports on land and river borders of the People's Republic of China (hereinafter referred to as "border ports") to implement quarantine, and monitoring of infectious diseases, and health supervision pursuant to the provisions of this Law.

Article 3    "Infectious diseases" mentioned in this Law shall mean quarantinable diseases or infectious diseases which are subject to monitoring.

Quarantinable diseases shall mean plague, cholera, yellow fever and other infectious diseases as determined and announced by the State Council.

Infectious diseases subject to monitoring shall be determined and announced by the health administrative department of the State Council.

Article 4    Inbound and outbound persons, transport vehicles, transportation equipment, as well as luggage, cargo, postal articles and other goods which may transmit infectious diseases, shall be subject to quarantine and may only enter or exit China upon  approval by the border health and quarantine authority. Detailed measures shall be stipulated in the Implementation Regulations for this Law.

Article 5    Upon discovery of a confirmed or suspected case of quarantinable disease, the border health and quarantine authority shall, in addition to adopting the requisite measures, forthwith notify the local health administrative authority and simultaneously report to the health administrative department of the State Council via the fastest method and within 24 hours. The postal and telecommunications agency shall give priority to forwarding of reports on epidemic diseases.

The health administrative department of the State Council Health shall, jointly with the relevant authorities, handle exchange of information on epidemic diseases between the People's Republic of China and foreign countries.

Article 6    In the event of a major overseas or domestic outbreak of an infectious disease subject to quarantine, the State Council may order shutdown of the relevant border(s) or adopt other emergency measures.

Chapter 2 Quarantine

Article 7    Inbound transport vehicles and individuals shall be subject to quarantine inspection at the designated venue of their first arrival border port. Other than a pilot, no person shall board or alight from the transport vehicle, load or unload luggage, cargo, postal articles etc without the consent of the border health and quarantine authority. Detailed measures shall be stipulated in the Implementation Regulations for this Law.

Article 8    Outbound transport vehicles and individuals shall be subject to quarantine inspection at their last departure border port.

Article 9    When an overseas vessel or aircraft needs to anchor or land at a non-port venue in China for any reason, the person-in-charge of the vessel or aircraft shall forthwith report to the nearest border health and quarantine authority or local health administrative department. Except for emergency situations, no person shall board or alight from the transport vehicle, load or unload luggage, cargo, postal articles etc without the consent of the border health and quarantine authority or local health administrative department.

Article 10    Upon discovery of a confirmed or suspected case of quarantinable disease, or a non-accident death of unknown cause, the relevant border organisation and the person-in-charge of the transport vehicle shall forthwith report to the border health and quarantine authority, and apply for temporary quarantine.

Article 11    The border health and quarantine authority shall, based on the quarantine findings provided by the quarantine physician, issue an inbound quarantine certificate or outbound quarantine certificate for the transport vehicle if an infectious disease is not found or after sanitisation.

Article 12    Persons infected by a quarantinable disease shall be forthwith isolated, and the isolation period shall be determined in accordance with the medical examination results; persons suspected of being infected by a quarantinable disease hall be detained for examination, and the detention period shall be determined in accordance with the incubation period of the said infectious disease.

The cadaver of a person who died from a quarantinable disease shall be cremated at the nearest vicinity.

Article 13    The following transport vehicles which are subject to inbound quarantine shall be sterilised or undergo deratisation, pest control or sanitisation:

(i) transport vehicles from an epidemic area of a quarantinable disease;

(ii) transport vehicles contaminated by a quarantinable disease; and

(iii) transport vehicles found to carry rodents or vector insects related to human health.

Where the person-in-charge of a foreign transport vehicle refuses sanitisation of the transport vehicle, except for special circumstances, the said transport vehicle shall be allowed to forthwith leave China under the supervision of the border health and quarantine authority.

Article 14    The border health and quarantine authority shall conduct health inspection and implement sterilisation, deratisation, pest control or other sanitisation for luggage, cargo, postal articles and other goods originated from  an epidemic area or  contaminated by a quarantinable disease or which may become a vector for a quarantinable disease.

The shippers or shipping agents of inbound and outbound cadavers and skeletons shall declare to the border health and quarantine authority; the cadaver or skeleton may only be

shipped in or out upon passing health inspection.

Chapter 3 Monitoring of Infectious Diseases

Article 15    The border health and quarantine authority shall implement monitoring of infectious diseases for inbound and outbound persons, and take necessary preventive and control measures.

Article 16    The border health and quarantine authority shall have the right to require inbound and outbound persons to complete a health declaration card and to show  vaccination certificate for certain infectious disease, health certificate or other relevant paperwork.

Article 17    For patients of an infectious disease which is subject to monitoring, persons from outbreak areas of infectious diseases which are subject to monitoring, or persons who are in close contact with patients of an infectious disease which is subject to monitoring, the border health and quarantine authority shall differentiate and issue a priority medical check card, detain them for medical examination or adopt other preventive and control measures, and promptly notify the local health administrative authority. All medical institutions shall give priority to diagnosing and treating persons who hold a priority medical check card.

Chapter 4 Health Supervision

Article 18    The border health and quarantine authority shall, in accordance with health standards stipulated by the State, implement health supervision for hygiene conditions of border ports, and for hygiene conditions of inbound and outbound transport vehicles stopping over at border ports:

(i) supervise and guide the relevant personnel on prevention and eradication or rodents and vector insects;

(ii) examine and test foodstuffs,  drinking water, as well as the storage, supply and transportation facilities for such items;

(iii) supervise the health conditions of persons engaging in supply of foodstuffs and drinking water, examine the health certificates of such persons;

(iv) supervise and inspect treatment of garbage, waste materials, sewage, excrement and water ballast.

Article 19    The border health and quarantine authority shall appoint border port health supervisors to carry out tasks assigned by the border health and quarantine authority.

When carrying out work tasks, the border port health supervisors shall have the right to implement health supervision and provide technical guidance to border ports and inbound and outbound transport vehicles, give recommendations on improving inferior hygiene conditions and factors which may cause transmission of infectious disease, adopt the requisite measures with the relevant authorities, and carry out sanitisation.

Chapter 5 Legal Liability

Article 20    The border health and quarantine authority may, based on extent of the circumstances, issue a warning to or impose a fine on organisations and individuals that have committed any of the following acts:

(i) evade quarantine inspection or conceal true information from the border health and quarantine authority;

(ii) persons entering China border board or alight from a transport vehicle, load or unload luggage, cargo, postal articles etc without the consent of the border health and quarantine authority, and refuse to heed dissuasion.

All fines shall be turned over to the State Treasury.

Article 21    A party concerned who disagrees with a fine imposition decision of the border health and quarantine authority may, within 15 days from receipt of notification, file a lawsuit with the local People's Court. Where no lawsuit is filed within the stipulated period and the fine is not paid, the border health and quarantine authority may apply to the People's Court for enforcement.

Article 22    For violations of the provisions of this Law which cause transmission of a quarantinable disease or serious risks of transmission of a quarantinable disease, criminal liability shall be pursued pursuant to the provisions of Article 178 of the Criminal Law.

Article 23    Officers of the border health and quarantine authority shall enforce law impartially and be dedicated carry out quarantine inspection for inbound and outbound transport vehicles and individuals; officers who commit an illegal act or dereliction of duties shall be subject to administrative punishment; where the case is serious and constitutes a criminal offence, criminal liability shall be pursued in accordance with the law.

Chapter 6 Supplementary Provisions

Article 24    Where there is any discrepancy between this Law and an international treaty in relation to health and quarantine matters to which the People's Republic of China is a signatory or participant, such international treaty shall prevail. Except for the clauses to which the People's Republic of China has declared reservation.

Article 25    For dealings between PRC border agencies and the border agencies of neighbour countries, temporary dealings at border designated areas between residents of border areas between two countries, and the inbound and outbound quarantine inspection for transport vehicles and individuals of both parties shall be handled in accordance with the agreement between both parties. Where there is no agreement, it shall be handled pursuant to the relevant provisions of the China Government.

Article 26    The border health and quarantine authority shall collect fees pursuant to State provisions for implementation of health quarantine.

Article 27    This Law shall be implemented with effect from 1 May 1987. The Border Health and Quarantine Regulations of the People's Republic of China promulgated on 23 December 1957 shall be repealed simultaneously.